Presbyteries were spoyled of their authority in many things at the sayd pretended assembly yet of the power of election of Commissioners they were not spoyled Neither is there any other order of election of Commissioners and constitution of the mēbers of the assembly set down by any act of our Kirke their was established Anno 1597. Nevertheles in this assembly they not onely presented themselues without commission but sate as Lords over-ruling it They had practised the ceremonies against the established lawes before they were proponed to the Assembly they ought therefore to haue been secluded and sharply censured but they usurped the place both of Iudge and party At S. Andrewes in Aprill 1582. it was thought expedient that Presbyteries should not be astricted to direct their Moderator in commission but whom they iudged fittest for the purpose That constant Moderators should be constant members of the generall assembly is a forged clause foysted in an act of a pretended assembly holden at Linlithquow the yeare of God 1606. The which assembly neither the Church then did nor the Bishops now will stand to Nevertheles in this assembly some Moderators of Presbyteries voted without election and onely by vertue of the forged clause of the act aforesayd If any Presbytery directed their Moderators in commission upon ignorance and errour having respect to the forged clause aforesayd Their ignorance and errrour is not lawfull consent It is in the meane time to be remembred that the present Moderators are not of the quality of these constant Moderators but of a new Edition set out at Glasgow viz. They are the Bishops Deputes placed by them in Presbyteries The Assessours to his Maiesties Commissioners the Noblemen Barons Bishops Burgesses and Moderators imposed upon Presbyteries with some Ministers voting without warrant being substracted from the number of affirmatiue voters the negatiues will not be found inferior in number to the affirmatiues authorized with commission And suppose inferiour in number yet not in weight for the negatiue voters adhered to the iudgement of the Church heard no reasons for the novelties proponed were not overcome with perswasions or terrours as was the affirmatiues The affirmatiue voters authorized with commission either had their commissions procured by their Bishops or else were mercenary Pensionars or Plat-servers for augmentation of stipends or gapers for promotion or of suspect credit for benefite received or hoped for or had subscrybed other private Articles in private more dangerous then the present Articles or had been threatned privatly by their owne diocesian Bishops with deposition or were not well informed in their judgment for lack of full and free reasoning or were circumvented with promises made to them by theit Bishops that they should not be urged with the practize if they would only consent to make an act to please the King or were terrified with the publick threatnings before mentioned Iudge therfore whether their votes should be pondered or numbered In omnil us causis pro facto accipitur id in quo quis alium terrefacit quo minus fiat In this Assembly the affirmatiue voters confessed that they assented not simpliciter to the Articles proponed as knowing truths but onely to avert the wrath of authority standing in their owne Iudgment against them and not for them in respect of the estate of this church Hence it may be clearely seene that their votes were only affirmatiue in respect of their feare but negatiue in respect of their iudgment and duetifull affection to this Church Other informalites may be observed but these are sufficient to proue the nullity of this pretended Assembly whereby the established estate of this Church is so farre prejudged or rather simple people for their facility indangered if they upon the pretended authority of this Assembly shall adventure to make defection from their former profession confirmed by so many and well advised Assemblies and blessed by the experience of Gods great loue in his best benefites or to violate their solemne oath and subscription The pretender may as safely professe that he wil alter his profession or violate his oath and subscription suppose there had been no Assembly at all But to detaine simple people in their bygaine revolt it will be cryed out and inculcat that some few persons and to make them odious they wil be called mall-contents troublers of the estate seditious persons and what not for the which contumelies and reproches account must be made one day that they may not nor should not iudge upon the nullity of the Assemblies It is trew by way of iurisdiction or superordination as they call it no private man should presume so to doe for that iudgment belongeth to another free and lawfull Assembly But by the iudgment of discretion every christian man ought to iudge how matters of religion are imposed upon him and by what authority If thou mayst not discerne as a iudge thou mayst discern as a Christian. If yee shall admit indifferently whatsoever is concluded under the glorious name of an Assembly then may wee be brought to admit not only the English ceremonies but also Lutheranisme and Papistry If Ministers giue way to their Parochinners to practize the obtruded Ceremonies at their pleasures If sworne professors intangle themselues againe with the superfluiities whereof the Lord hath made them free let the one and the other take heed how they defend themselues from the iust challenge of back slyding and the rest of the inconveniences that may ensue on their change If the Parliament by acts authorize matters affected with such informalities and nullities matters of themselues so contrarious to our profession their ratification of a vitious thing can not be a rule to a Christian manes conscience But it is to be hoped that the Lord shall so dispose the hearts of stats-men to the loue of the truth quietnes of the Church and Country and peace of mens consciences that no unreasonable burthen shall be knit upon the members of Christs bodie by any deed of theirs under the name of a benifit to the Church Invito beneficium non datur Consider three things first the nullity of this Assembly 2. Thy own oath and subscrption how it admits or abhors this change suppose the Assemblie had been lawfull 3. If the particulars offered can be made lawfull or expedient by any Assemblie whatsoeuer THE ARTICLES PRESENTED TO the Assembly Aug. 27. with some quotations added for confirmation FOR somuch as wee haue been debarred of accesse and from heareing the proceedings of the conference their reasonings consultations and advisements anent the Articles proponed to this generall Assemblie whereof all and euery one of them so neerlie toucheth vs in our christian resolution and offices of our Ministerie In most humble manner wee present to your considerations the particulars here after specified in the feare of God intreating your favourable answer to the same 1 The articles proponed if they be concluded they doe innouate and bring under the slander of change
yeare of their age for the second at the twelfth for the third at the fourteenth excluding and abhorring private baptisme private communion kneeling in the act of receiving the Supper holy dayes or feasts of Christmas Passion Resurrection Ascension and sending down of the Holy Ghost were brought in at the reformation of religion and enioyed ever since in manner and forme as followes After due tryall and advisement taken of the heads in generall and particular aboue written the whole Church was of one heart and iudgement concerning the same and every man was permitted to heare reasoning and such as would were permitted to reason every man professed himselfe to be perswaded in his own minde The particulars to be embraced and followed and the corruptions to be avoyded were by Ecclesiasticall authority in free full and lawfull generall Assemblies publicke confessions and solemne protestations aduisedly established The estates of Parliament agreeing in iudgement with the Kirk concerning the said matters by their acts ratified and approved the Kirk constitutions and appoynted civill penalties against the transgressors of the same with prouision of order whereby they might be called convicted and punished The sayd unity of iudgement authorized by the constitutions of the Kirk and lawes of the Countrey and the whole particulars established by these bands having been tried by practise and otherwayes haue proved expedient profitable and necessary by the space of fiftie nine yeares and now iustly haue acquired the force of good and commendable custome For our furder confirmation of the sayd religion doctrine and discipline in generall and in the particulars before named all and every one of all estates of this Realme haue solemnly sworn that they shall continue in the obedience of the doctrine and discipline of this Church and shall defend the same according to their vocation and power Notwithstanding of these fiue obligations viz. unity of judgment and opinion Ecclesiastical authoritie reiterated confirmed by many famous Assemblies Many civill lawes Nine and fifty yeares practise and custome universally commended and the sayd solemne oath divers times repeated the pretended assembly holden last at Perth received certain formes formerly excluded and abhorred Queritur if one or moe Preachers or Professours in the sayd Kirk standing to the Kirkes former iudgement and able to defend the same by good reason at least seeing no warrant in the contrary may dispense with the sayd oath or follow the plurality of preachers professors dispensing with the same in the assembly And what power may compell the alteration of iudgement or loose the sayd oath in any case aforesayd Leaving the full answer to the wise and well reformed Christian walking before God and looking for a crown upon the glorious day of our Lord. For present reformation we shall consider the sayd oath first in the persons takers of the same 2. The matter whereto they sweare 3. The forme and manner whereby they are bound 4. The force and effect of that forme for making sure mens particular deeds The persons takers of the oath are all baptised Christians of perfect age able to examine themselues and so to eate of the Lords Supper honoured with callings and all professours of Christian fellowship of Christ the searcher of hearts and of life and iudgement eternall free of madnesse and of all restraint of superiour power in this case understanding periury and the paines thereof at their owne liberty and free of all coaction as at length may be seene in the confessions of faith registred in the Acts of Parliament printed in the booke of Discipline before the Psalmes in meeter the confession of faith subscribed by the Kings Maiesty and his houshold published by open proclamation and yet standing in print And in the covenant celebrated by the generall and provincial Assemblies and by the Presbyteries and particular congregations but more summarily in the heads underwritten acknowledged and confessed by themselues WE all and every one of us after long and due examination of our consciences in matters of true and false religion are now throughly resolved in the truth by the word and Spirit of God Wee beleeve with our hearts confesse with our mouthes subscribe with our hands and constantlie affirme before God and the world that the faith and religion received beleeved and defended by the Kirke of Scotland the Kings Majestie and three Estates of this realme particularly expressed in the confession of our faith established and publickly confirmed by sundry acts of parliament and now of long time hath been openly professed by the Kings Majestie and whole body of this Realme is only the true Christian faith and religion pleasing God and bringing salvation to man To this confession and forme of religion wee willingly agree in our consciences in all points as unto Gods undoubted trueth and verity Wee willing to take away all suspition of hypocrisy and double dealing with God and his Kirke protest and call the searcher of hearts for witnesse that our minds and hearts doe fully agree with this our confession oath and subscription Wee protest that we are not moved with any worldly respect but are persuaded only in our conscience through the knowledg and loue of Gods true religion printed in our hearts by the holy Spirit as wee shall answer to him in the day when the secrets of all hearts shal be disclosed c. Before and at the tyme of their solemne protestations it was well knowen to all the promisers Swearers Subscribers that 1. At Edinburgh the 18. day of Octob. 1581. And from the reformation to that year it was resolued and by common consent concluded that in tyme cōming no sacrament be ministred in priuate houses but solmnely according to the good order hitherto obserued 2. At Edinburgh in Ianu. 1560. it was declared by this Kirk that Christ sat with his disciples at a table whē he instituted the supper and that sitting at table was the most convenient gesture to this holy action 3. That the Popes fiue bastard sacraments whereof Confirmation is one with all rites ceremonies and false doctrines added to the ministration of the sacraments were abhored And that examination of children aftet the maner agreed vpon in the Kirk was sufficient to unite baptized infants with the Kirk in the participation of the Lords Supper 4. That at Edinburgh in Ianuar. 1560. the Kirk judged vtterlie to be abolished from this Realm keeping of holy dayes such as the feast of Christmas c. Imposed vpon the consciences of men without warrant of Gods word and many other things of the like nature condemned by preaching and corrected by publick censures of the Kirk Hence it is euident that no exception can be taken against the persons promising swearing and subscribing for despensing with the said oath The matter whereunto they bind themselues by oath is the religion doctrine and discipline receiued beleeued and defended by the Kirk of Scotland In respect of this matter the oath is partlie assertorie
Sermon Thursday 27. Aug. the third day of the Assembly WIlliam B. of Galloway made a Sermon his Text Rom· 14.19 His doctrine was far contrary to that which he taught before the estates of Parliament An. 1606 He set at naught the ancient order of our Church sometime highly commended by himselfe and extolled his new light He presumed to teach them a new kinde of Catechisme under whom he himselfe might be as yet catechised The second and last Session of this assembly began after dinner and ended this day The Kings Commissioners and the Bishops masters of this Assemblie determined to end all this after noone and hauing the assise enclosed for that effect assured them that out of that house they should not go untill his Majestie were satisfied of his desire The pretended Moderator earnestly aggreadged the nncessity of yeelding and instantly urged present voting without furder delay strongly enforcing that his Maiestie behoved to bee satisfied and assureing them that his Highnesse would accept of no other answer but yeelding To effectuate his purpose hee blew out many threatnings in most peremptory maner Hee insulted uppon the ministers assembled as if they had been hirelinges saying I know you all well ynough There is neuer a one of you will suffer so much as the losse of your stipends for the matter Think not but when the act is made I will get obedience of you There is none of you that voteth in the contrary mindeth to suffer Some men said hee pretend conscience and feare more to offend the people then the King but all that will not doe the turne Albeit he had formerly affirmed in the case of requiring consent that although the act were made his Majestie would be mercyfull in vrgeing obedience thereto And they knew him to be more fauourable to his brethren then any Bishop of England Hee tooke it also vpon his conscience though it was not trew that there was neither lass nor ladde rich nor poore in Scotland some few precise persons excepted who were not onlie content but also wished that order of kneeling to be receiued whereof he had profe and experience in his own citie of S. Andrewes and in this Town since he came hither Hee made mention of a pamphlet casten in the pulpit at Edinburgh wherein it should haue been affirmed that the Bishops were bringing in Papistry and that good professors will fight in defence of their own religion By way of answer thereto he confessed that the ceremonies make not the separation betwixt us and the Romane Church but their Idolatry the which if the Romanists would forsake they would meet them mid-way and ioyne with them And as if the Ministers had known any such professors disposed to fight for the religion or had been of purpose to ioyne with them he disswades them to leane to such words for he had seen the like of that before time at the 17. day of December Hee wished if such a thing should happen it would please his Maiesty to make him a Captaine never any of these braggers would come to the field After these blasts and terrours the Ministers with modest importunity insisted that the matters depending might be better cleared by further reasoning and advisement so much the rather because these matters had not been reasoned in full Assembly for the information of all that had interest After much dealing and many earnest speeches and desires to be heard some fashion of liberty was granted to a few but with such checkes and limitations to the partie that preased to propone and reason that quickly they were cut off and sourely rebuked rather borne downe with authority then satisfied with reason His Maiesties chiefe Commissioner pretended Moderator straitly enioyned them either to propone a new reason or else to hold their peace when as the argument either had not been proponed in conference or if proponed not answered or if answered not suffered to be replied unto And suppose all this had been done in the conference yet all was new to the full Assembly and ought to haue been repeated and fully discussed for information of all voters Yea many Ministers had not so much a◠accesse to heare or propone one argument they had no seates provided for them as the other party had Gentlemen thronged in before them The defenders of the Articles were permitted to discourse as long as they pleased to gybe mocke and cavill so light account made they of the matters in hand or the fearfull schisme ensuing upon such disorders that their behaviour was offensiue to the beholders The best arguments and answers were taken from the authority of the Kings sword Hee will ranverse all except we yeeld or the authority of his word as when it was alledged out of Zanchius upon the fourth commandement that things indifferent abused to Idolatry should be altogether removed The pretended Moderator opponed the iudgement of the King of Great Britaine to the iudgement of Zanchius or any of the learned In a word the pretended Moderator professed plainly that neither their reasons nor their number should carry away the matter These Articles must be concluded and should be concluded although there were none but the eleven Bishops with the authority of his Maiesties Commissioners they shall impose them After some few reasons proponed and answered as is said it was confessed that if his Maiesty could haue been pleased or put off they would haue reasoned against these Articles and the introducing of them in this Church Doctor Lyndesay being posed in conscience confessed that they had neither reason nor Scripture nor Antiquity for them yet to avert rhe Kings wrath of this Church yeelding was best Kneeling was chiefly agitate Some velitation there was made against Holy dayes Nothing spoken of the three other Articles boasting and posting confounded all The ministers not being permitted to reason and pursue their arguments verbally with such liberty as of reason should haue been granted and fearing prejudice in voting gaue in some difficulties in writing to be considered and removed before the articles should passe in voting like as they were ready if place had been granted to present in writing particular reasons against every one of the said articles as was plainly professed But for cutting them short of that intention the presenter of the said difficulties in a bosting manner was commanded to subscribe the same and rebuked as not haveing commission They suspected a protestation against the proceedings of this Assembly for preventing whereof they had declamed before against the protestation subscribed at the last parliament as treasonable and seditious But when it was perceaved that he sought a penne for subscribing of the same the Moderator receaved them Two of them was read but no wayes respectted the rest were suppressed The ministers notwithstanding of the preceding terrours most humbly and earnestly requested his Majesties Commissioners that the concluding of the articles might be continued which their reasons in writing were sent to
esset Quarum etiam se tum legum quoque non minus quam religionis sanctissimè in se suscepit defensorem fore Eo autem consilium hoc tuum tendit ut novator sit ut periurus ut uterque sit esset enim uterque si utroque hoc tam gravi crimine vel coronae suae vel etiam vitae securitatem redimeret The Bishop is bold to affirme that his Maiesty cannot permit liberty of conscience because he was twise sworne to maintain the forme and manner of Gods worship receiued and established in his kingdomes If his Maiesty may not permit another forme of Gods worship then that which was received already nor the use of Papisticall rites farre lesse in the Bishops iudgement may his Maiesty inioyne or command other formes and rites As for our other Superiour the Kirk it cannot be denied but persons of all estates haue subscribed and sworne since the yeare of God 1580. The oath and subscription was universall Anno 1580. 1581. 1582. anno 1590. When the generall band was made for the maintenance of true Religion and his Maiesties state and person The said confession was published with the generall band and subscribed So againe anno 1596. when the covenant was renewed in the generall Assembly in the provinciall Assemblies in Presbyteries and particular Congregations the oath was universall Besides the universall oathes and subscriptions upon divers occasions some particular persons at divers times haue subscribed So a particular rank of persons as for example schollers passing their degrees since the yeare 1587. subscribed and swore the confession of their faith at their Laurocation In like manner every Burgesse at his admission protested before God to defend the religion then professed and authorized by the Lawes to his liues end In like manner particular Presbyteries and Synods of late yeares as for example The Ministers of the Synod of Lowthian assembled at Tranent anno 1604. subscribed the confession of faith The two pretended Archbishops now liuing were present and subscribed with the rest of their bretheren Any man may see that few are excepted who haue not made their personall oath And least any man think himself exemed let him consider that the generall Assembly the Kirke representatiue made a solemne oath by holding up their hands at the renewing of the covenant anno 1596. This oath of the Kirk representatiue obligeth them all who were living to the maintenence of the purity of religion in Doctrine and discipline as it was then professed Yea the oath representatiue of Ioshua and the Princes of Israel representing Gods people oblished their posterity and therefore many hundred yeares after was the famine sent upon the land for the violation of this oath made to the Gibeoniâ—s and Sauls seven sonnes were hanged The yong ones were not excepted in our oath for the Parents did binde for them when they were baptised to bring them up in the confession of faith as it was then professed in the Kirk as grounded upon and consonant unto the covenant of grace made betwixt God and men for themselues and for their seed So yee see the oath of the Kirke of Scotland was partly personall and partly reall Is any Assembly never so lawfull free and formall able to free us of this oath let be a pretended Assembly disturbed and divided in it selfe and drawing down in one session these things which were builded up in many yeares and by many famous and notable Assemblies consenting in one heart But as I haue sayd our oath was with consent of the Assembly and Kirk of Scotland Seeing we are sworne severally how can the same persons assembled together in one body collectiue dispense with this oath seeing they haue sworn to defend during their liues To consent to any alteration is not to defend during their liues but rather to betray the cause and incurre perjurie If they may not violate their oath assembled collectiue farre lesse may a generall assembly representing onely the collectiue body free them of their oath least of a null and unlawfull Assembly They alledge they haue not violated their oath because the substance of Religion is kept and onely some indifferent points altered But I answer First that an oath cannot be said to be kept vnlesse it be kept in all the parts and contents and in the forme and manner expressed Nam juramentum servandum est in forma specifica Wee swore to keepe the same forme or worship that was vsed in the Kirk of Scotland and specialie in the use of the sacraments This specification the Kirk of Scotland admitteth neither English Lutherane nor Romane rites in the worship of God different from our profession Next our oath was in a matter of religion which is not changeable as statutes of republicks and corporations are And euery point of the confession of a faith is a note of profession whereby wee professe our selues to be distinguished either in substance or puritie of religion from others Confessions of faith should not be changeable as Hilarius complained of his tymes Annuas menstruas fides de Deo decernimus Thirdly put the case the points of our profession that are innouated were matters indifferent as they were not so vnderstoode at the tymes of our oathes and subscriptions but were declamed against as points of plain papistrie yet seeing indifferent things abjured for their abuse may not be receiued how can wee receiue them except it were proued that our oath was at the begining vnlawfull or that our former formes are become vnlawfull not expedient for edification of the Kirk Or lesse edificatiue then the ceremonies presently vrged It was plainely confessed in the last pretended Assembly that they were not expedient for our Kirk that they yeelded to hold off an outward and externall inconvenience a matter uncertaine and depending in the effect vpon Gods providence yea a matter now denied as importing tyrannie for so is it constantly reported In rhe meane tyme our assertorie oath is alreadie past and wee become perjured if wee come in the contrary This is a high degree of perjury when not onely we contravein our oath by practise but make Lawes in the contrary and thereafter inveigh against our oath as Puritanisme If sincere and constant professours shall be still pursued for their constancie in their profession and the conscience they make of their oath Do we not expone the whole Nation to a woefull vengeance and perpetuall ignominy The unlawfulnesse of every one of the Articles shall be proved as need shall require and opportunity will serue KNEELING IN THE ACT OF RECEIVING THE SACRAmentall elements of Bread and Wine proved vnlawfull IT hath been the uniforme and constant order of this Kirke since the reformation thaâ— the communicants should receaue the sacramentall elements of bread and wine sitting at the table In the second head of the first booke of discipline are set downe these words The table of the Lord is then rightly ministred