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ID Title Author Corrected Date of Publication (TCP Date of Publication) STC Words Pages
A19872 A faithfull report of proceedings anent the assemblie of ministers at Abirdeen vpon Twesday 2. Iuly 1605 1606 (1606) STC 63; ESTC S113262 10,006 34

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for by the Coūcell to speak with them who were convened consisting of 6. Lords and 7. or 8. of the late Bishops Commissioners of the Generall Assemblie a noveltie not heard of before in Scotland and was commanded to warde in the Castle of Edinburgh because he would not condemne the Assembly at Abirdeen by his private iudgement albeit he submitted him self and proceedings thereat to the General Assemblie Maister Iohn Welsh being also in Edinburgh was charged by a Messinger to compeir before the Councell the next day following who compeiring refusing to giue his oath as he tooke it super inquirendis albeit he offered it vpon the knowledge of the particular interrogatories was likewise warded in the Tolbnith till eleaven houres at which time both he and Mai. Iohn Forbes were transported to Blacknes The second of August Ma. Robert Durie Ma. Andro Duncan Ma. Alexander Stranchen and Ma. Iohn Sharp being summoned compeired before the Councell and with them M. Iohn Welsh who was brought from Blacknes vpon his offer to giue his Oath vpō the pointes of his summonds and were all committed to prison in Blacknes for the same cause for which Ma. Iohn Forbes was imprisoned The third of October other 14. of those who had been either the 2. or 5. day of Iuly in Abirdeen being cited before the Councell 7. of them because they doubted of the lawfulnes of the Assembly til it were discussed in a free Generall Assembly were remitted home and other 7. were warded for the same cause for which the rest were imprisoned before To wit Mai. Charles Ferme and Ma. Iohn Munro were warded in the Castle of Dorone M. Nathaniel Inglis M. Iames Greig in the castle of Dumbertome M. Iames Irving Ma. William Forbes and Iohn Rosse in the castle of Stirling The rest who were at Abirdeen the 2. and 5. of Iuly were not summoned and so spared by the providence of God After sundrie Supplications the saide 13. imprisoned Ministers wrote reasons to proove the Summonds frō the secret Councell and proceedings before them to be preiudiciall to the authorised discipline of the Kirke and contrarie to the laudable order observed in the Realme And most humbly besought their Lo in the name of the Lord Iesus Christ who shall iudge the quick and the dead to remit their cause and trial thereof to the Generall Assembly as only iudge competent thereto as also to dimit them in peace that they might attende on their callings Which Supplications not regarded they gaue to the Lords a Declinator subscribed by them al the said 24. of October Wherby they did appeale as it were frō the King and the Councell to the K. and General Assembly yet so that they did alwaies acknowledge themselues bounde to submit to the Councels iudgement in any matter wherein any other subiect was bound to submit And howsoever they referred the answering of theticall Interrogatories to the Generall Assembly yet to cleare themselues of crimes obiected they answered particular accusations hypotheticall interrogations in their Resuming of the said Summonds and Apologie to his Ma. Their Reasons of declining the Councels iudgement contained in their last supplication and pleaded when they gaue their Declinator be these 1. They alleadged and read an act of Parliament in anno 1592. whereby a former act of Parliament anno 1584. making it treasonable to decline the King Councels iudgment was interpreted for it passed whē the principall members both of Kirk and Commonwealth were forced to forsake the land and it was neuer put in executiō not to derogate any thing to the priviledge that God hath given to the spirituall office-bearers in the Kirk concerning any essentiall censure having warrant of Gods word But to iudge of the lawfulnes or vnlawfulnes of Synodes wherof the General Assembly is the sinew and life is an essentiall censure having warrant of Gods word 2. By the practise of the Kirk since the act of Parliament 1584. recorded in the Register of the Assembly one Assembly hath euer discerned and iudged another and the proceedings thereof as is evident in the Generall Assembly holdē at Dundie anno 1597. which allowed the Assembly at Perth the proceedings thereof at both which Assemblies his Ma was present and which is more he required the question made of the former to be decided by the later Assembly as properly pertayning to that Iudicatorie And in his Ma Proclamatiō given to Hampton-Court 26. of September 1605. His Ma not forgetting the practise of this Kirk expecteth separation of the supposed disorders of the Assembly for which we are called in question at the Assembly to be holden at Dundie the last Twesday of Iuly next 3. If the Councell sould take vpon them to iudge censure the lawfulnes or vnlawfulnes the validitie or invaliditie of an Assembly What were this but to confounde Ecclesiasticall Civill Iudicatories which hitherto haue been by law and practise happely distinguished and which his Ma in the Declaration of the saide Act of Parliament anno 1584. professeth to bee farre from his meaning His intention being as he there affirmeth not in sort to take away the lawfull and ordinarie iudgement in the Kirk whereby Discipline and gude order might decay But that as temporall Magistrates do iudge in temporall matters so Spirituall Iurisdiction sould haue the ordinarie triall in matters belonging to the Ministrie and their estate Moreouer It may be affirmed that it is no new thing to decline the Councell For 1. there is a Declinator yet extant subscribed by the handes of those same men of the Ministerie who are now most against vs mo then 300. Pastors and 2. It is also and hath been an ordinarie custome in civill and criminall matters even of Civill persons to decline the Councell and to take them to the iudgement of the Lords of Session or to the Iustice vpon the different qualitie of the civill fact At this time Ma. Robert ȝounson one of those who had been remitted from Perth because he doubted of the lawfulnes of the Assembly being mooved in conscience returned and the same day and houre when these 13. were standing before the Councel in that cause did compeir and desiring to be heard did acknowledge his ouersight at Perth and confesseth his trouble in conscience And therefore that albeit not summoned by their Lo yet charged by the living God was compelled to come thether that day to iustifie that Assembly whole proceedings thereof to the great astonishment of the Lords and comfort of his brethren who also subscribed the Declinator with them Who all thereafter were sende backe to their seuerall prisons Ma. Robert ȝoungson to the Castle of Stirling with the other three that were warded there and so as yet all continue in warde In their Resuming of Summondes and Apologie before mentioned the Ministers cleere thēselues of crimes obiected by narration of their proceedings alreadie reported and reasons therein comprised and ȝet further by