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A11710 Charles by the grace of God, King of Scotland ... forsameikle as out of the royall and fatherly care which we have had of the good and peace of this our ancient and native kingdome ... Scotland. Sovereign (1625-1649 : Charles I); Charles I, King of England, 1600-1649. 1638 (1638) STC 21999; ESTC S123150 3,312 1

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CHARLES by the grace of God King of Scotland England France and Ireland Defender of the Faith To our Lovits Heraulds pursevants our sheriffs in that part conjunctly and severally specially constitute greeting Forsameikle as out of the royall and fatherly care which we have had of the good and peace of this our ancient and native kingdome having taken to our serious consideration all such things as might have given contentment to our good and loyall subjects and to this end had discharged by our proclamation the service book book of canons and high commission freed and liberate all men from the practising of the five articles made all our subjects both ecclesiasticall and civill lyable to the censure of Parliament generall Assembly or any other judicatorie competent according to the nature and qualitie of the offence and for the free entrie of ministers that no other oath be administrate unto them then that which is contained in the act of parliament had declared all by-gone disorders absolutely forgotten and forgiven and for the more full and cleare extirpating all ground and occasion of fears of innovation of religion we had commanded the confession of faith and band for maintenance thereof and of authoritie in defence of the same subscribed by our deare Father and his houshold in anno 1580. to be renued and subscribed again by our subjects here Like as for settling of a perfect peace in the church and common-wealth of this kingdome we caused indict a free generall assembly to be holden at Glasgow the xxi of this instant and thereafter a parliament in May 1639. By which clement dealing we looked assuredly to have reduced our subjects to their former quiet behaviour and dutifull carriage whereto they are bound by the word of God and laws both nationall and municipall to us their native and soveraigne prince And albeit the wished effects did not follow but by the contrary by our so gracious procedure they were rather emboldened not only to continue in their stubborne and unlawfull wayes but also daily adde to their former procedures acts of neglect and contempt of authoritie as evidently appeared by open opposing of our just and religious pleasure and command exprest in our last proclamation anent the discharge of the service book book of canons high commission c. protesting against the same and striving by many indirect meanes to withdraw the hearts of our good people not only from a hearty acknowledgement of our gracious dealing with them but also from the due obedience to those our just and religious commands notwithstanding we had been formerly so oft petitioned by themselves for the same By their daily and hourely guarding and watching about our Castle of Edinburgh suffering nothing to be imported therein but at their discretion And openly stopping and impeding any importation of ammunition or other necessaries whatsoever to any other of our houses within that kingdome Denying to us their soveraigne Lord that libertie and freedome which the meanest of them assume to themselves an act without precedent or example in the Christian world By making of convocations and councell tables of Nobilitie Gentrie Burrows and Ministers within the city of Edinburgh where not regarding the lawes of the kingdome they without warrant of authoritie conveene assemble and treat upon matters as well ecclesiasticall as civill send their injunctions and directions throughout the countrey to their subordinate tables and other under ministers appointed by them for that effect And under colour and pretext of religion exercing an unwarranted and unbounded libertie require obedience to their illegall and unlawfull procedures and directions to the great and seen prejudice of authoritie and lawfull monarchicall government And notwithstanding it was evidently manifest by the illegall and unformall course taken in the election of their commissioners for the assembly whereof some are under the censure of this church some under the censure of the church of Ireland and some long since banished for open and avowed teaching against monarchie others of them suspended and some admitted to the ministerie contrary to the forme prescribed by the lawes of this kingdome others of them a long time since denounced rebels and put to the horne who by all law and unviolable custome and practique of this kingdome are and ever have been incapable either to pursue or defend before any judicatorie far lesse to be judges themselves some of them confined and all of them by oath and subscription bound to the overthrow of episcopacie And by this and other their under-hand working and private informations and perswasions have given just ground of suspicion of their partialitie herein and so made themselves unfit judges of what concerneth episcopacie And al 's it was sufficiently cleared by the peremptorie and illegall procedures of the presbyteries who at their own hand by order of law and without due forme of processe thrust out the moderators lawfully established and placed others whom they found most inclinable to their turbulent humors associate to themselves for the choosing of the said commissioners for the assembly a laick elder out of each paroch who being in most places equall if not moe in number then the ministerie made choice both of the ministers who should be commissioners from the presbyteries as also of a ruling elder being directed more therein by the warrants from the foresaid pretended tables then by their own judgements as appears by the severall private instructions sent from them far contrary to the lawes of the countrey and lowable custome of the church by which doings it is too manifest that no calme nor peaceable procedure or course could have been expected from this assembly for settling of the present disorders and distractions Yet we were pleased herein in some sort to blinde-fold our own judgement and over-look the saids disorders and patiently to attend the meeting of the said assembly still hoping that when they were met together by our Commissioner his presence and assistance of such other well disposed subjects who were to be there and by their own seeing the reall performance of all that was promised by our last proclamation they should have been induced to return to their due obedience of subjects But perceiving that their seditious disposition still increases by their repairing to the said assembly with great bands and troupes of men all boddin in fear of warre with guns and pistolets contrary to the lawes of this kingdome custome observed in all assemblies and in high contempt of our last proclamation at Edinburgh the xvi of this instant as also by their peremptory refusing of our assessors authorized by us although fewer in number then our dearest father was in use to have at divers assemblies the power of voting in this assembly as formerly they have done in other assemblies and by their partiall unjust and unchristian refusing and not suffering to be read the reasons and arguments given in by the Bishops and their adherents to our Commissioner why the assembly ought not to proceed to the election of a moderator without them neither yet to the admitting of any of the commissioners of the saids commissioners from presbyteries before they were heard object against the same though earnestly required by our Commissioner in our name And notwithstanding that our Commissioner under his hand by warrant from us gave in a sufficient declaration of all that was contained in our late proclamation and declaration the same bearing likewise our pleasure of the registration of the same in the books of assembly for the full assurance of the true religion to all our good subjects And yet not resting satisfied therewith lest the continuance of their meeting together might produce other the like dangerous acts derogatorie to royall authoritie we have thought good for preveening thereof and for the whole causes and reasons above-mentioned and divers others importing the true monarchicall government of this estate to dissolve and break up the said assembly And therefore OUR WILL is and we do discharge and inhibit all and whatsoever pretended commissioners and other members of the said pretended assembly of all further meeting and conveening treating and concluding any thing belonging to the said assembly under the pain of treason declaring all and whatsoever that they shall happen to do in any pretended meeting thereafter to be null of no strength force nor effect with all that may follow thereupon Prohibiting and discharging all our lieges to give obedience thereto and declaring them and every one of them free and exempt from the same and of all hazzard that may ensue for not obeying thereof And for this effect we command and charge all the foresaids pretended commissioners and other members of the said assembly to depart forth of this city of Glasgow within the space of xxiiii houres after the publication hereof and to repair home to their own houses or that they go about their own private affaires in a quiet manner With speciall provision alwaies that the foresaid declaration given in under our Commissioners hand with all therein contained shall notwithstanding hereof stand full firme and sure to all our good subjects in all time coming for the full assurance to them of the true religion And our will is and we command and charge that incontinent these our letters seen ye passe and make publication hereof by open proclamation at the market crosse of Glasgow and other places needfull wherethrough none pretend ignorance of the same Given under our signet at Glasgow the 29. of November and of our reigne the fourteenth year 1638. Sic subscribitur HAMMILTOVN Traquaire Roxburgh Murray Linlithgow Perth Kingorne Tullibardin Hadintoun Galloway Annandaill Lauderdaill Kinnoull Dumfreis Southesk Belheaven Angus Dalyell J. Hay W. Elphinstoun Ja. Carmichael J. Hammiltoun Imprinted at Edinburgh by ROBERT YOUNG printer to the Kings most excellent MAJESTIE CVM PRIVILEGIO