all former Protestations and every one of them made in the name of the Noblemen Barons Gentlemen Ministers and Commons respectivè for the time So wee may have his Majesties royall approbation to this present Assemblie whole Acts and constitutions thereof and all our proceedings and behaviour in this businesse which wee assuredly expect from his Majesties imbred pietie justice and bountie notwithstanding the sinistrous untrue informations whispered in his Royall yeares in the contrarie Upon all which Premises and Protestation foresaid which is the same with the former made by us at Glasgow the 29. of November last but so farre differing as was necessarie for answer to the new additions contained in this Proclamation and clearing us of the aspersions wherewith we are changed therein which we might lawfully do having protested for this libertie in respect of our surprisall one certaine number of all qualities and ranks for themselves and in name foresaid asked instruments This was done in presence of a great confluence of people upon the mercate crosse of Edinburgh the 18. day of December FINIS Revised according to the ordinance of the generall Assemblie by me Master Archibald Jhonston Clerk thereto At Edinburgh 8. Jan. 1639. NOt long after this Our Proclamation and their Protestation Our Commissioner seeing all things tending to a present rupture begun his journie according to the leave which We had granted him for his returne After which time and ever since they have throughout the whole Kingdome by threatnings made the Acts of their unlawfull Assembly to be received in many places have perswaded the reception of them by force and armes have levied souldiers and imposed taxes upon Our subjects for payment of them have required of Our Judges or Lords of the Session to approve their Acts though none of them consented to it have threatned and menaced them for refusing of it have raised divers fortifications in Our Kingdome have blocked up Our Castles and Forts and now at last forcibly taken Our Castle of Edinburgh have at home got their Preachers most seditiously and rebelliously to teach Our people that there is a necessitie of their carrying armes against Us under paine of perjurie and damnation have scattered abroad especially here in England divers infamous Libels justifying their own wicked and rebellious courses inciting Our people here to attempt the like rebellion and to deface Our Ecclesiasticall government When the contrivers of that wicked Covenant first framed and devised it and perswaded others who were well perswaded of their pietie to enter into it We dare appeale even to their owne consciences whether they did ever make the seduced people acquainted with their intentions of abolishing Episcopall government introducing of lay-Elders which are the onely two things they make the seduced people beleeve they now stand upon And We do wonder there should be any man found in the world who can hold it a sufficient warrant for Our subjects to take armes against Us their lawfull Soveraign because We will not give them leave to abolish some things which stand fully established by Our Lawes and Acts of Parliament of that Kingdome and to introduce other things which are interdicted and prohibited by the same But much more have We reason to thinke Our subjects did them no whit beleeve that though We should relieve all their grievances just or pretended as now We have done they should yet be forced to acts of rebellion and carrying of armes against Us as now they are But such hath ever been the constant course of the Heads of all rebellions to ingage their followers by degrees to conceale from them their maine and wicked ends which being at the first discovered would be abhorred and detested untill they have gone on so farre in following their Leaders as afterward they are easily perswaded by them that there is no hope of pardon left and so nothing but danger if they shall offer to retreat The very same course hath been held in this rebellion for seducing of Our subjects of that Kingdome The specious pretence used by the contrivers of the Covenant to the people was Religion but that which was intended by them was a Rebellion grounded upon the discontents of some few And the very meanes whereby they have fomented their factious waies and kept up in Our people a beliefe that they intended onely Religion as they pretended have been the very same which have been usually practised by other discontented mutiners But yet We find that the principall meanes used to foment this Rebellion by the Heads of it have been these three First the seditious prayers and sermons of some Preachers suborned by them for that purpose who made the people still beleeve that all they said was Gospel and they crying up in their Pulpits that Covenant and most bitterly exclaiming against all opposers of it with the most vile and reproachfull termes they could devise wrought the people to an incredible good opinion of all that favoured the Covenant and a bad one of all those who opposed it So that such things were delivered in their Pulpits as cannot be related without both shame and horrour One of them upon Our Commissioners comming home prayed God to deliver them from all crafty compositions Another refused to pray in the Church for Sir William Nesbett late Provost of Edinburgh when hee was lying upon his death-bed onely because he had not subscribed the Covenant Another prayed God to scatter them all in Israel and to divide them in Jacob who had counselled Us to require the Confession of faith to bee subscribed by Our authoritie Many Ministers would not admit to the Communion those who had not subscribed their Covenant but in their exhortation before it barred them in expresse termes with adulterers slanderers and blasphemers c. Others would not suffer children to bee baptized in the Churches of those Ministers who were not of the Covenant though they were their owne Parish Churches but carried them sometimes many miles to be baptized by Covenanting-Ministers One preached That all the Non-subscribers of the Covenant were Atheists and so concluded That all the Lords of Our Councell and all the Lords of Our Session were such for none of them had subscribed it Another preached That as the wrath of God never was diverted from his people untill the seven sonnes of Saul were hanged up before the Lord in Gibeon so the wrath of God would never depart from that Kingdome till the twice seven Prelates which makes up the number of the Bishops in that Kingdome were hanged up before the Lord there which is extreme foule and barbarous Another preached That though there were never so many Acts of Parliament against the Covenant yet it ought to be maintained against them all Another delivered these words in his Sermon Let us never give over till we have the King in our power and then He shall see how good subjects we are Another in his Sermon delivered this That the bloudiest and
this to be any hinderance of the indiction of a Generall Assemblie but rather a powerfull and principall motive with speed to conveene the same as the proper Judicatorie wherein to determine such dangerous and universall differences of the Church Neither do wee heare that any Ministers are deposed but onely suspended during this Interim till a Generall Assemblie for their erroneous doctrine and flagitious life So that it were most offensive to God disgracefull to Religion and scandalous to the people to restore them to their places till they be tried and censured And concerning Moderators none of them as we understand are deposed but some onely changed which is verie ordinarie in this Church The fourth concerning the repairing of Parishioners to their owne Church and that Elders assist the Ministers in the discipline of the Church ought to be cognosced and judged by the particular Presbyteries to which the Parishioners and Elders are subject since the cause may bee in the Ministers no lesse then in the Parishioners and Elders And in case they finde no redresse there to assent till they come to a Generall Assemblie the want whereof maketh disorders to bee multiplied both in Presbyteries and particular Parishes To the sixth That ministers wait upon their owne Churches and that none of them come to the Assemblie or place where the same is kept but such as shall bee chosen Commissioners from Presbyteries we answer That none are to come to the place of the Assemblie but such as are either allowed by Commission to have voice or otherwise have such interesse as they can justifie to his Majesties Commissioner and the Assemblie conveened To the seventh Concerning the appointing of Moderators of Presbyteries to bee Commissioners to the Generall Assemblie onely constant Moderators who have ceased long since were found in the Assemblie 1606. which yet was never reputed by the Church to be a lawfull nationall Assemblie to be necessarie members of the Generall Assemblie And if both the Moderators who if they be necessarie members need not to bee chosen and the chosen Commissioners repaire to the Assemblie the Assemblie it selfe can judge best of the members whereof it ought to consist To the ninth That no lay-person whatsoever meddle with the choosing of Commissioners from the Presbyteries and no Minister without his owne Presbyterie we say That according to the order of our Church discipline none but Ministers and Elders of Churches ought to have voice in choosing Commissioners from Presbyteries and that no Minister or Elder should have voice in Election but in his owne Presbyterie The rest of the particulars are concerning civill matters As the fifth concerning the paying of Rents and Stipends to Ministers and Bishops concerning which we can say no further but that the lawes are patent for them as for his Majesties other subjects and that the General Assemblie ought not to be delaied upon any complaint in that kinde The eighth requiring that Bishops and Ministers be secured in their persons we think so reasonable that wee will promise everie one of us for our own parts they shall suffer no violence from us and that we shall hinder others so farre as wee may And if any trouble them otherwise or make them any kinde of molestation in that attendance but by order of Law the parties are justly punishable according to the degree of their fault as other subjects are To the tenth concerning the dissolving of all Convocations and meetings and the peaceablenesse of the Countrie These meetings being kept for no other end but for consulting about lawfull remedies against such pressing grievances as threaten the desolation of this Church and State cannot be dissolved till the evils be removed And we trust that nothing in these our meetings hath escaped us which carrieth in it the smallest appearance of undutifulnesse or which may seeme to tend to the breach of the common peace But although our adversaries have herein calumniated us yet we have alwayes so behaved our selves as beseemed his Majesties most humble and loyall subjects petitioning his Majestie for a legall redresse of our just grievances To the last concerning the Covenant the Commissioner his Grace having many times and most instantly pressed us with that point we did first by invincible arguments make manifest that wee could not without sinning against God and our owne consciences and without doing wrong to this Nationall Church and all posteritie rescind or alter the same And thereafter did at large cleare the same of all unlawfull combination against Authoritie by our last Supplication and Declaration which his Majesties Commissioner accepted as the most readie and powerfull of all other meanes which could come within the compasse of our thought to give his Majestie satisfaction The subscription of this our confession of Faith and Covenant being an act so evidently tending to the glorie of God the Kings honour and happinesse of the Kingdome And having alreadie proved so comfortable to us in the inward of our hearts It is our ardent and constant desire and readie wish that both his Majestie and all his good subjects may be partakers of the same comfort Like as we finde our selves bound by conscience and by the Covenant it selfe to perswade all his Majesties good subjects to joyne with us for the good of Religion his Majestes honour and the quietnesse of the Kingdome which being modestly used by us without pressing or threatning of the meanest we hope shall never give his Majestie the least cause of discontent Seeing therefore according to our power and interesse wee are most willing to remove all hinderances that things may bee carried in a peaceable manner worthy our Profession and Covenant doe aime at nothing but the good of the Kingdome and preservation of the Church which by consumption or combustion is like to be desperately diseased except remedy some way bee speedily provided And wee delight to use no other meanes but such as are legall and have beene ordinarie in this Church since the Reformation Wee are confident that without further delay for preventing of greater evils and miseries then wee can expresse our just desires shall be granted So shall we be encouraged in the peace of our souls still to pray for his Majestie all encrease of true honour and happinesse UPon their refusall he sent for some of the chiefe Lords Covenanters and told them of his resolution for a new journey that he found their wayes such as he could not goe along with them that he had power to grant them a free Generall Assembly but that he could not conceive that to be a free one in which they should bring in everie man to have a voice whom they had a minde to If they would let him know what manner of persons should sit there and what they intended to doe there he would give his best concurrence if he found their intentions to be agreeable to the lawes and customes of that Church and
shall hereafter presse to disturbe the peace of this Kirk and Kingdome In witnesse whereof we have heartily and freely subscribed these presents with our hands At Holy-rood-house the 22. day of September 1638. Sic Subscribitur HAMMILTOUN Traquaire Roxburgh Mairsheall Mar Murray Linlithgow Perth Wigtoun Kingorne Tullibardin Hadington Annandail Lauderdail Kinnoul Dumfreis Southesk Belheaven Angus Lorne Elphinstoun Naper Dalyell Amont J. Hay S. Thomas Hope S.W. Elphinstoun Ja. Carmichael J. Hammiltoun Blackhall The Letter of Our Councel Most Sacred Soveraigne IF ever faithfull and loyall subjects had reason to acknowledge extraordinarie favours shown to a Nation and in a most submissive and heartie manner give reall demonstrations of the grace vouchsafed then doe we of your Majesties Councell of this your ancient Kingdome unanimously professe that such acts of clemency vouchsafed us cannot proceed from any Prince saving him who is the lively image on earth of the great God Authour of all goodnesse For return of so transcendent grace fortified with the reall expression of unparallel'd Pietie royall inclination to Peace and universall love not onely to those of our number but likewise to all your Majesties loyall Subjects wee doe all in one voyce with all resentment can bee imagined in all humility render our most bounden thankes and offer in testimonie of our full satisfaction and acquiescence herewith to sacrifice our lives and fortunes in seconding your Sacred Majesties commandements and repressing all such as shall hereafter preasse to disturbe the Peace of the Kirk and Kingdome And for some small signification of our alacritie and diligence in your Sacred Majesties service we have all without the least shadow of any scruple subscribed the Confession of Faith and Band appointed to be received by all your Majesties loyall Subjects sent the act passed in Councell with our other proceedings which wee doe most humbly represent to your Royall view And wee beseech your Majestie to be pleased to be perswaded of the unviolable devotion of all here subscribers who doe all in all humilitie pray for your Majesties most happie and flourishing reigne Sic subscribitur HAMMILTOUN Traquair Roxburgh Mairsheall Mar Murray Linlithgow Perth Wigtoun Kingorne Tullibardin Hadintoun Annandaill Lauderdaill Kinnoull Dumfreis Southesk Belheaven Angus Lorn Elphinstoun Naper Dalyell Amont J. Hay S. Thomas Hope S.W. Elphinstoun Ja. Carmichael J. Hammiltoun Blackhall IT is not for men to judge of other mens hearts and of their secret desires but We doe challenge the most rigid Covenanters to name any one particular ever desired by them in any of their supplications remonstrances protestations declarations written or printed exhibited to Us Our Commissioner or Councell which is not in this Our gracious Declaration granted to Our people For not onely all and every one of their particular grievances any way petitioned against by them are hereby discharged and removed but even the two generall things which they made the people beleeve was the summe of all their desires and expectations viz. a free Generall Assembly and a Parliament are indicted and in that order upon which they stood so earnestly first the Assembly and then the Parliament And besides all these their owne Confession of faith the ground as they pretend of their Covenant renewed and established Who would not now have expected a happie period to all the distractions of that Kingdome upon this Our gracious assenting to all their owne desires But the divellish obstinacie and malice of those factious spirits who did see that all their designes were utterly defeated and that their hopes for compassing of them were now a bleeding and drawing their last breath if they could not finde some meanes to blindfold Our peoples eyes and so keepe them from discerning and acknowledging Our grace and goodnesse towards them They presently before the houre that this Our Declaration was to be proclaimed filled Our peoples minds and eares with fearfull expectations of most terrible things to be delivered in this Our Proclamation and so destructive of the lawes and liberties of that Church and Kingdome especially of their late sworne Covenant that presently they wrought the people to a detestation of Our Declaration before they knew what it was They presently erected a large scaffold under the Crosse where Our Proclamation was to be made upon which were mounted not one or two from every Table to protest in the name of the rest as heretofore they had done but a great number of Earles Lords Gentlemen and others with their swords in their hands and hats on their heads not without jeering and laughing during all the time of Our Proclamation which no sooner was ended but with a most insolent and rebellious behaviour they assisted one Johnston in reading of a most wicked treasonable and ignorant Protestation which within few dayes after they printed and We doe here insert as being confident that all subjects in the world who shall come to read it will abhorre and detest it if ever they did feele in their owne hearts the least touch or taste of a Princes favour and clemencie or carry any affection to loyaltie justice and government The very reading of it will bring every good subject and religious honest man so farre out of love with it as it needeth no further confutation then the very perusall of it For who can endure to heare Scripture so grossely abused the holy name of God so solemnely invocated as a witnesse to such notorious falshoods to their rebellious courses and Covenant those attributes of infallibilitie given which are onely proper to the sacred Scripture and royall authoritie affronted with such peremptorie asseverations ignorant and senslesse reasons the falshood and inconsequence whereof must needs appeare upon first view to any one who shall cast his eye upon them The Protestation followes thus The Protestation of the Noblemen Barons Gentlemen Burrows Ministers and Commons c. WEe Noblemen Barons Gentlemen Burgesses Ministers and Commons his Majesties true and loyall subjects That whereas our continuall supplications complaints articles and informations presented first to the Lords of his Majesties Privie Councell next to his sacred Majestie and last from time to time to his Majesties Commissioner our long attendance and great patience this twelve-month bygone in waiting for satisfaction of our most just desires our zeale to remove all rubs out of the way which were either mentioned unto us or could be conceived by us as hinderances of our pious intentions aiming at nothing but the good of the Kingdome and preservation of the Kirk which by consumption or combustion is likely to expire delighting to use no other meanes but such as are legall and have beene ordinarie in this Kirk since the reformation and labouring according to our power and interesse that all things might be carried in a peaceable manner worthy of our Profession and Covenant our Protestation containing a hearty thanksgiving for what his Majesty in his Proclamation from his justice had granted of our just desires and our Protests
which we cannot now subscribe this Confession least we loose the bands to wickednesse seeme to repent of our former resolutions and promises and choose to have our portion with hypocrites professing and swearing that wee know GOD but in our workes denying him being abominable disobedient and unto every good worke reprobate 14. Since the narrative of the general band is now changed some lines expressing at length the Papists and their adherents to be the partie from whom the danger to Religion and the Kings Majestie was threatned are left out and no designation made of the partie from whom the danger is now threatned We are made either to think that our subscription at this time is unnecessarie or to suspect that we who have supplicated and entred in Covenant are understood to be the partie especially since the Lords of Councell have in the Act September 22. ratifying the Proclamation found themselves bound to use their best endeavours that all his Majesties good Subjects may rest satisfied with his Majesties Declaration since also we have beene although undeservedly challenged of disorders distractions and dangers to Religion and his Majesties authoritie and since in the foresaid Act and in the missive directed to his Majestie the Lords of Councell offer their lives and fortunes to his Majestie in repressing all such as shall hereafter prease to disturbe the peace of this Kirk and Kingdome which being expressed in a generalitie is by many applied to us and interpreted of our adhering to our Covenant We should therefore by our subscription of the Covenant as it is now conceived both do directly against our owne minds in condemning our selves wherein we are innocent and should consent to our owne hurt to the suppressing of the cause which wee maintaine and to the repressing mutually one of us of another directly contrarie to our former solemne Oath and subscription 15. The subscribing of this Confession by the Lords of his Majesties privie Councell who by their place and high employment are publike Peace-makers and by others who have not subscribed the late Confession will make the breach wider and the lamentable division of this Kirk more desperate then ever before some having sworne to labour by all lawfull meanes to recover the former Libertie and puritie of Religion and others maintaining that for puritie which is alreadie established some beleeving and professing that the evils supplicated against are abjured in that Confession of Faith and others maintaining the Confession of Faith and these corruptions although for the present discharged by authoritie not to be inconsistent and beside this many divisions and subdivisions will ensue to the dulefull renting of the Kirk and Kingdome making way for the wrath and many judgements of God often threatned by his faithfull servants which all the godly ought to labour by all meanes to prevent 16. Wee represent also to the honourable Lords of privie Councell to be considered That the Doctrine Discipline and Use of Sacraments are sworne and the contrarie abjured according to the Word of God and the meaning of the Kirk of Scotland in the books of Discipline and Acts of Assemblies And that in the Oath there is no place left to the generalitie of any mans conception of the true Faith and Religion nor to any private interpretation or mentall reservation For these and the like considerations in our owne name and in name of all who will adhere to the late Covenant subscribed by us and sealed from Heaven We from our dutie to God our King our native Countrey our selves and the posteritie lest our silence import a satisfaction of our desires and a stopping of our mouths from necessarie supplication for things yet to bee obtained from his Majesties just and gracious disposition are constrained to declare and protest First that the cause and occasion of the distractions of the Kirk and Common-wealth are no wayes to bee imputed unto us or our needlesse feares but to the innovations and corruptions of Religion which against the Acts and order of this Kirk and the Lawes of the Kingdome have beene pressed upon us the people of God and his Majesties loyall subjects who although under great thraldom were living in peace and quietnesse labouring in all godlinesse and honestie to do our dutie to God and man Secondly We protest that all questions and doubts that arise concerning the freedome of the Assemblie whether in the constitution and members thereof or in the matters to be treated or in the manner and order of proceeding be remitted to the determination of the Assemblie it selfe as the onely proper and competent judge And that it shall be lawfull for us being authorized with lawfull Commissions as at other times when the urgent necessitie of the Kirk shall require so in this exigence to assemble our selves at the Diet appointed notwithstanding any impediment or prorogation to the contrary And being assembled against all qualifications and predeterminations or presupposals to propone treat reason vote and conclude according to the Word of God confession of Faith and Acts of lawfull Assemblies in all Ecclesiasticall matters pertaining to the Assemblie and tending to the advancement of the Kingdome of Christ and good of Religion Thirdly since Archbishops and Bishops have no warrand for their office in this Kirk since it is contrarie both to reason and to the Acts of the Kirk that any have place and voice in the Assemblie who are not authorized with lawfull Commissions and seeing both in common equitie and by the tenour of this Proclamation they are made lyable to the triall and censure of the Assemblie Wee protest that they bee not present as having place or voice in the Assemblie but as rei to compeere for underlying triall and censure upon the generall complaints alreadie made and the particular accusations to be given in against them And that the warning given by his Majesties Proclamation and this our Protestation be a sufficient citation to them to compeer before the Assemblie for their triall and censure in life office and benefice Fourthly Wee solemnly protest that We do constantly adhere to our Oath and subscription of the Confession of Faith and Covenant lately renewed and approven with rare and undeniable evidences from heaven of the wonderfull workings of his Spirit in the hearts both of Pastors and people through all the parts of the Kingdome And that we stand to all parts and clauses thereof and particularly to the explanation and application containing both our abjuration of and our union against the particular evils and corruptions of the time a dutie which the Lord at this time especially craveth at our hands Fifthly We also protest that none of us who have subscribed and do adhere to our subscription of the late Covenant be charged or urged either to procure the subscriptions of others or to subscribe our selves unto any other Confession or Covenant containing any derogation thereunto especially that mentioned in the Proclamation without the necessarie explanation and
of suffrage and so these Ministers and none but they were chosen in each Presbyterie whom the Tables at Edinburgh had designed A thing so odious and distastfull to the Ministers that in some Presbyteries the Ministers chosen Commissioners had but eight Ministers voices and the voices of two and twentie Lay-men in others not above two Ministers voices in some but one but in all Presbyteries the Ministers Commissioners were elected by the pluralitie of Layvoices Some of these Ministers though Covenanters seeing the libertie of the Church by this meanes utterly lost and betraied did repaire to the two Covenanting Ministers of Edinburgh to whom they bemoaned themselves wondring that they would give way to the utter defacing of the Church by these Laick intrusions to whom they gave this answer That they grieved for it as much as themselves but that the necessitie of the times was such that they must wink at it else the Nobilitie Gentrie and Burrowes did threaten them with a desertion upon which a division must follow which by their Oath and Covenant they were bound by all meanes to prevent But the aggrieved Ministers were not satisfied with such cold comfortlesse and unconscionable answers but resolved in many Presbyteries to draw up their Protestations against the Lay Elders to the Assemblie yet they were so threatned by the Laitie that most of them fell back and durst not adventure upon it though others both Covenanters Non-covenanters had the courage to do it but with what successe shall be declared when We come to speak of the Assemblie it selfe Yet this We will confidently averre That when Our Commissioner came last from that Our Kingdome three parts of foure of all the Covenanting Ministers did detest the elections made by lay Elders and would have declared the nullitie of all such elections if they durst have done it and that these Ministers unlesse they have changed their minds since had rather live under Episcopall government then under the tyrannie of the Laitie and a few Ministers from whom they have suffered more in a few moneths then ever they did under all the Bishops in the Kingdome since Our comming to the Crowne all which verie many of them have affirmed both for themselves and others to Our Commissioner divers of Our Councell and others of good credit and qualitie whom We dare and do trust But the elections being now past according as they had plotted them or in good forwardnesse so to bee where they were not yet past the Covenanters next care was how to hinder the subscription of the confession of Faith commanded by Us they conceiving it their master-piece to stop any thing though never so well liked by themselves if it were commanded by Our authoritie as fearing that if We had obedience given to Us in any one thing Our people might recover the taste of government And hearing that Our Commissioner was to repaire to the Colledge of Justice there to tender to the Lords of Our Session who are the supreme Judges of Our Lawes in that Kingdome the confession of Faith and band annexed to be sworne by Our authoritie that very morning they set up Rollock to preach though it was not his ordinarie course where many of Our Judges were present before they went to sit There hee with many false and foolish impertinences did so labour to perswade them that the swearing of that confession was unlawfull and plaine perjurie that hee shewed himselfe a ridiculous and most dishonest man to most that were present a weak man to all and so little he prevailed that immediately after Sermon the Judges repairing to their usuall place of sitting whither Our Commissioner came presently and tendered them the said confession all of them except foure who were knowne to be of the false stamp did sweare to it and subscribe it the number of the Judges in all being twenty And here We desire the Reader to observe whether these men shall not be accounted a faction and not a bodie of a Kingdome when they shall separate themselves from Us who are their Soveraigne from the bodie of Our Councell who have the supreme government of the Kingdome under Us and from the bodie of Our Judges who are the Interpreters of Our Lawes and under Us the supreme Judges of all their estates and fortunes these two Judicatories together with Our Judges in criminall causes being under Us by the Lawes constituted the onely Judges of all their actions For if these Covenanters shall ascribe unto themselves the government because they are more in number then those who disassent from them then certainly in all Kingdomes and Republiques the established government must goe downe for in them all they who are ruled and governed are farre more then the Rulers and Governours They then seeing that their fierce endeavours were fruitlesse with the Lords of the Session with all speed dispatched some of their Tables throughout all parts of the Kingdome to stop the subscription to the confession of faith commanded by Us with copies of their Protestation to be read in all places where Our Commissioners should either proclaime Our Declaration or require subscription to that confession In many places they prevailed in many not Where they prevailed they used such indirect and violent courses as they gained an assent from many mens mouths whose minds were very farre from it In Glasgow after that the Lord Lowdan with divers others Noblemen Gentlemen and Ministers sent as they pretended from the Tables at Edinburgh had caused to bee read that infamous Libell of which you shall heare afterwards against the Archbishop of Glasgow in his owne Cathedrall Church without the knowledge of the Magistrates of that Citie the Lord Lowdan desired the Provost of Glasgow to convocate their Towne Councell that hee might impart some things unto them which the Provost refused But that Lord and his Associates understanding that their ordinarie Church Session sate that afternoone at which the Magistrates and Ministers were to be present came suddenly into the place where they did sit beyond their expectation where the Lord Lowdan made a speech of great length concerning the iniquitie and danger of Our Covenant adjuring them both by perswasions and threatnings that they would not subscribe the confession of faith required by Us and therefore his demand was That he might have the assured promises of the Magistrates and Ministers that they would not subscribe it that so he might report their answer to the Tables from whence he was sent To which the Provost presently answered That his Lordship knew well that Our Commissioner had required from them a subscription to Our Covenant that they had humbly intreated of his Grace some short time to returne their answer and therefore hee wondred that any man should thinke it was fit to answer any who was sent from the Tables before they had made their answer to Our Commissioner and so refusing to give any answer to these Emissaries from the Tables
dissimulavi semper pertuli sed dissimulandi nunc locus non est quando decipiatur fraternitas nostra à quibusdam vestrûm qui dùm sine ratione restituendae salutis plausibiles esse cupiunt magis lapsis obsunt Lastly it is most manifest by the premises how absurd it is and contrarie to all reason and practise of the Christian Church that Archbishops and Bishops shall bee judged by Presbyters and more absurd that they should bee judged by a mixt meeting of Presbyters and Laicks conveening without lawfull authoritie of the Church How and by whom they are to bee judged according to the custome of ancient times may be seene by the Councell of Chalcedon Can. 9. and Concil Milevit Can. 22. and Concil Carthag 2. Can. 10. Nor do wee decline the lawfull triall of any competent judicatorie in the Kingdome especially of a generall Assemblie lawfully constitute or of his Majesties High Commissioner for any thing in life or doctrine can be laid to our charge onely we declare and affirme That it is against order decencie and Scripture that we should be judged by Presbyters or by Laicks without authority and Commission from Soveraigne authoritie For the reasons foresaid and many moe and for discharge of our dutie to God to his Church and to our Sacred Soveraigne lest by our silence we betray the Churches right his Majesties authoritie and our owne consciences We for our selves and in name of the Church of Scotland are forced to protest That this Assemblie bee reputed and holden null in Law Divine and humane and that no Church-man bee holden to appeare before assist or approve it and therefore that no letter petition subscription interlocutor certification admonition or other Act whatsoever proceeding from the said Assemblie or any member thereof be any wise prejudiciall to the Religion and Confession of Faith by Act of Parliament established or to the Church or any member thereof or to the jurisdiction liberties priviledges rents benefices and possessions of the same Acts of generall Assemblie of Councell and Parliament in favours thereof or to the three Estates of the Kingdome or any of them or to us or any of us in our persons or estates authoritie jurisdiction dignitie rents benefices reputation and good name but on the contrarie that all such Acts and deeds above mentioned and everie one of them are and shall be reputed and esteemed unjust illegall and null in themselves with all that hath followed or may follow thereupon And forasmuch as the said Assemblie doth intend as wee are informed to call in question discusse and condemne things not onely in themselves lawfull and warrantable but also defined and determined by Acts of generall Assemblie and Parliaments and in practice accordingly to the disgrace and prejudice of reformed Religion authoritie of the Lawes and Liberties of the Church and Kingdome weakning his Majesties authoritie disgracing the profession and practice which hee holdeth in the Communion of the Church where hee liveth and branding of Reformed Churches with the foule aspersions of Idolatrie and superstition wee protest before God and man That what shall bee done in this kinde may not redound to the disgrace or disadvantage of Reformed Religion nor be reputed a deed of the Church of Scotland Wee protest that wee imbrace and hold that the Religion presently professed in the Church of Scotland according to the Confession therof received by the Estates of this Kingdome and ratified in Parliament the yeare 1567. is the true Religion bringing men to eternall Salvation and do detest all contrarie errour Wee protest that Episcopall government in the Church is lawfull and necessarie and that the same is not opposed and impugned for any defect or fault either in the government or Governours but by the malice and craft of the Devill envying the successe of that government in this Church these many yeares by-past most evident in planting of Churches with able and learned Ministers recovering of the Church rents helping of the Ministers stipends preventing of these jarres betwixt the King and the Church which in former times dangerously infested the same keeping the people in peace and obedience and suppressing of Poperie which in respect either of the number of their professors or boldnesse of their profession was never at so low an ebbe in this Kingdome as before these stirres We protest that seeing these who for scruple of conscience did mislike the Service Book Canons and High Commission which were apprehended or given forth to be the cause of the troubles of this Church have now received satisfaction and his Majestie is graciously pleased to forget and forgive all offences by-past in these stirres that all the subjects of this Kingdome may live in peace and Christian love as becommeth faithfull subjects and good Christians laying aside all hatred envie and bitternesse And if any shall refuse so to do they may beare the blame and be thought the cause of the troubles that may ensue and the same bee not imputed to us or any of us who desire nothing more then to live in peace and concord with all men under his Majesties obedience and who have committed nothing against the Lawes of the Kingdome and Church that may give any man just cause of offence and are so farre from wishing hurt to any man in his person or estate notwithstanding all the indignities and injuries wee have suffered that for quenching this present combustion and setling peace in this Church and Countrey wee could bee content after clearing of our innocencie of all things wherewith wee can bee charged not onely to lay downe our Bishopricks at his Majesties feet to bee disposed of at his Royall pleasure but also if so bee it pleased God to lay downe our lives and become a sacrifice for this attonement We protest in the sight of God to whom one day we must give account that we make use of this Declinator and Protestation out of the conscience of our dutie to God and his Church and not out of feare of any guiltinesse whereof any of us is conscious to himselfe either of wickednesse in our lives or miscarriage in our callings being content everie one of us for our owne particular as wee have never showne our selves to be otherwise to undergo the lawfull and most exact triall of any competent judicatorie within this Kingdome or of his Majesties High Commissioner And we most humbly intreat his Grace to intercede with the Kings Majestie that he may appoint a free and lawfull Generall Assemblie such as Gods word the practice of the Primitive Church and Lawes of the Kingdome do prescribe and allow with all convenient speed to the effect the present distractions of the Church may bee setled And if there be any thing to be laid to the charge of any of the Clergie of whatsoever degree either in life and manners or doctrine or exercise of his calling and jurisdiction hee may bee heard to answer all accusations and abide all triall
command and instance to impaire hurt or stay the said jurisdiction discipline correction of manners or punishment of their offences enormities or to make any appellation from the general Assembly to stop the discipline and order of the Ecclesiasticall policie and jurisdiction granted by Gods Word to the office-bearers within the said Kirk under the paine of excommunication summarily without any processe or admonition to be pronounced by the judgement of the Eldership by the Minister or Ministers which shall be appointed by them how soon it is known that any of the saids heads are transgressed Likeas both the Kings Majestie and his Councell promised that none thereafter should have that cause to complaine as is manifest by the Act of Assembly at Montrose in July 1597. And in the Assembly holden at Saint Andrews 24. April 1582. being charged with Letters of Horning not to proceed against Master Robert Montgomrie the Assemblie did write to his Majestie that this discharge was extraordinary as a thing that was never heard nor seen since the world began and was directly against the word of God and Lawes of the Kingdome And yet notwithstanding of the said charge the Assembly did proceed and excommunicate the said Master Robert Further In the Assembly at Edinburgh the 27. of June 1582. Sess. 7. amongst the grievances presented by the Kirk to the King The first is That his Majestie by device of some Councellours is moved to take upon Him that spirituall power and authority which properly belongeth to Christ as only King and Head of his Kirk the Ministerie and execution whereof is only given to such as bear office in the Ecclesiasticall government of the same so that in his Majesties person some men prease to erect a Popedome as though his Majestie could not be full King and Head of this Common wealth unlesse alswell the spirituall as temporall sword be put in his Majesties hands unlesse Christ be rest of his authority and the two jurisdictions confounded which God hath divided which directly tends to the wrack and overthrow of all true Religion c. And in the Assembly holden at Edinburgh in Octob. 1582. Sess. 15. Summonds are direct by the generall Assembly against the Kings Advocate for drawing up the Kings Proclamation of that straine 7. The foresaid command is also contrary to the Acts of Parliament because as the Acts of Parliament appoint every matter for its owne Judicatorie and to all Judicatories their own freedome so much more doth this liberty belong to the nationall Assembly being the supreme Judicatorie Ecclesiastick of this Kirk and onely competent Judge in matters so important and so nearly concerning Gods honour and worship immediatly the salvation of the peoples soules the setling of the purity of Gods worship the purging away the corruptions thereof and right constitutions of the Kirk whose liberties and priviledges are confirmed Parl. 12. King James 6. and Parl. 1. King Charles Likeas by the 12. Par. 114. Act K. James 6. ann 1592. the libertie and discipline of the Kirk especially in her Presbyteries and Assemblies are fully and firmly ratified with declaration that the Act of the Kings Majesties prerogative Royall over all Estates and persons shall no wayes be prejudiciall to the priviledges which God hath given to the spirituall office-bearers in the Kirk concerning heads of Religion matters of heresie excommunication collation and deprivation of Ministers or any such like essentiall censures especially grounded and having warrant of the word of God with full power even to the particular Presbyteries to put order to all matters and causes Ecclesiasticall within their bounds according to the Discipline of the Kirk 8. The Lords of Councell and Session by Act 92. Parl. 6. King James 6. are ordained to proceed in all civill causes intended or depending before them or to be intended and to cause execute their Decrees notwithstanding any private writing charge or command from the Kings Maiestie or His Councell in the contrarie and by the 47. Act 11. Parl. King James 6. all licences and supersederees purchas'd from his Maiestie are discharged as contempt done to the Law as great hurt to the lieges and contrarie to iustice and declareth the same to bee null of the Law and not admissibly by any iudge nor effectuall to the purchaser any wayes and ordaineth all Judges within this Realme to proceed and do justice siclike and in the same manner as if the said supersederees and licences never had beene purchased nor produced Like as by the 106. Act Parl. King James 6. all licences granted by his Majestie to hinder the execution of Acts against Papists and other adversaries of the true Religion are discharged and declared to be of no force According to which it hath beene the ordinarie custome both in Civill and Ecclesiasticall Judicatories notwithstanding of privie warrants or prohibitions contrarie to Law which commonly are impetrate from his Majestie upon misinformation to proceed and minister justice 9. To discharge obedience to the Acts of the Assemblie stop the execution thereof protect and defend such as are delinquents and under the Kirks censure doth directly repugne to the large Confession of Faith of this Kirk Wherein cap. 19. the third mark of the true Kirk is affirmed to bee upright ministration of Ecclesiasticall Discipline as Gods word prescribes for establishing good order and repressing of vice and so no more can bee impeded nor justly taken from the Kirk then any of her other two marks viz. The right preaching of the word and ministration of the Sacrament And therefore in the Oath at the Kings Coronation he sweareth to maintaine this Confession and these three marks of the Kirke and particularly that hee shall be carefull to root out of his Empire all Hereticks and enemies to the worship of God that shall be convict by the true Kirk of God of the foresaids crimes 10. In the short Confession of Faith sworne 1580. and 1590. and renewed by the greatest and best part of this Kirk and Kingdome with an explication renewed also at his Maiesties command by his Councell all are bound to continue in obedience of the Doctrine and Discipline of the Kirke and defend the same according to their vocation and power So that seeing this generall Assemblie hath proceeded in their Constitution Acts and whole proceedings according to the Discipline of this Kirk of Scotland 1580. and 1590. contained in the second book of Discipline which in both these yeares were ordained to bee registrate and sworn to by all the Ministers of this Kirk as the Discipline thereof and wherein the Civill and Ecclesiasticall jurisdiction are so clearly distinguished in the 1. c. l. 2. as the power of the sword may no wayes stop or impede the power of the keyes and in the 7. c. the Eldership and Assemblies hath power to execute Ecclesiasticall punishment upon all transgressours and proud contemners of the Kirk and in the 10. c. the office of the Christian
of tythes of that Kingdome begun to take three things into Our serious consideration First the wretched estate of the Clergie for want of maintenance Next the hard usage and great oppression of all the Laitie that payed tythes from the owners of them Thirdly a very important point of State vizt That it was not fit that such a considerable part of Our subjects as all the Ministers who have power over the consciences of the rest and all the payers of tythes who are the farre greatest part of the Kingdome should have their dependance upon the Nobilitie or other Laicke Patrons the one for their livelihood and maintenance the other not onely for feare of having their cornes lost or endangered for not carrying them in due season which was by the law in the power of these owners of the tythes which power they were sure they would exercise upon them if they should at any time displease them or not adhere to them upon all occasions good or bad But likewise because these Lords owners of the tythes and also of Abbey lands were likewise for the most part superiours to those who payed them but were so altogether to those who held the Abbey lands of them by way of vassalidge and so by their verie tenures were to performe all service and attendance to these Lords their superiours whensoever they should require it of them Which important considerations moved Us by the advice of the learnedest Lawyers there to grant out a Commission under Our great Seale for that Kingdome not to a few but to divers hundreds and those of the prime of all estates and degrees out of which number the Lords of the Erections and Laicke Patrons were not omitted for relieving if they should see cause both the Ministers and owners of Corne as also for taking into their consideration the point of superioritie and dependance These Commissioners after their sitting in great frequencie some yeares and after full hearing of all parties interessed and mature deliberation did set a rate of the value of the tythes ordered that the owners of the grounds should severally purchase them at so manie yeares purchase as was then agreed upon by all both buyers and sellers taking the same course for the rating of superiorities in regard of the Abbey lands which was likewise accorded unto by all parties and ordered that every Ministers means should be augmented in such a certaine proportion set down and accorded unto as the Incumbent should not be inforced any more to be a slave to his Patron With the conclusions and determinations of this Commission called the Commission of Surrenders of Superiorities and Tythes the owners of lands and the Ministers were indeed so really satisfied that the former with all thankfulnesse acknowledged Us for their deliverer from an intolerable bondage under which they and their Ancestors ever since the reformation of Religion had grievously groaned The latter with infinite expressions of joy and gratitude did celebrate Us as the very father and founder of their severall Churches We gave Our Royall assent to all agreed upon in that Commission being glad that Our subjects were relieved the maintenance of Our Clergie improved and both Our Clergie and Laitie freed from a dangerous dependance upon subjects and for that freedome obliged to a thankfull heartie and loyall dependance upon Us to whom alone by all lawes of God and men it is due The Nobilitie and other Lay Patrons seemed herewith likewise fully to rest satisfied and so indeed they were in point of profit for according to the rates of purchasing in that Our Kingdome for their tythes they were satisfied to the uttermost farthing But they fretted privately amongst themselves for being robbed as they conceived of the clientele and dependance of the Clergie and Laitie and of that power command and superioritie over them which by that tye of tythes they had enjoyed Yet not being able to make Religion it selfe a faire pretence for this their discontent for who could imagine that everie man his gathering of his owne tythes or the augmentation of Ministers maintenance could be an affronting or weakening of Religion they had recourse to their former fetch and not without bewraying much heart-burning gave it out that this Commission which indeed was obtained by the humble importunitie both of Clergie and Laitie was procured onely by the Bishops who meant no good to Religion and so from an unnecessarie jealousie of their persons and power they begun to pretend and suborne a necessarie jealousie of Religion it selfe A third bewraying of their factious humour appeared clearely at Our last being in that Our Kingdome and immediately after Our departure from thence For some sixe yeeres agoe having a great desire to visite that Our native Kingdome and being willing to cheere and comfort Our subjects there with Our presence and honour them with Our personall Coronation all which they did most humbly and heartily sollicite Us for by their earnest and affectionate supplications We undertooke a journey to them and according to Our expectation were most joyfully received by them But immediatly before and at the sitting down of Our Parliament there Wee quickly found that the very same persons who since were the contrivers of and still continue the sticklers for their now pretended Covenant begun to have secret meetings and in their private consultations did vent their dislike of Our innocent Revocation and Our most beneficiall Commission of Surrenders But knowing that these two could gaine them no partie then they begun to suggest great feares that many and dangerous innovations of Religion were to be attempted in this present Parliament Not that they themselves thought so but because they knew that either that or nothing would soyle with suspicious jealousie or interrupt and relaxe the present joy and contentment which did overflowe in Our subjects hearts and appeared in their heartie expressions for Our presence amongst them But We readily confuted all these suspicious surmises for except an Act which gave Us power to appoint such vestures for Churchmen which We should hold to be most decent nothing concerning Religion was either propounded or passed in that Parliament but that which everie King doth usually in that and all other Christian Kingdomes passe at their first Parliament viz. An Act of ratification of all other Acts heretofore made and then standing in force concerning the Religion presently professed and established and concerning the Church her liberties and priviledges Which Act being an Act of course though it passed by most voices yet was it disassented from to Our great admiration by the voices of many of those who are now the principall pillars of their Covenant which made all men then begin to suspect that sure there was some great distemper of heat at the heart when it boyled so over at their lips by their unnecessarie and unprofitable denying of assent to the lawes concerning the Religion and Church already established This first Act passing more for
into England unto the Lord Archbishop of Canterburie in which they desired him to recommend unto Us their care of and fidelitie to Our service and to undertake for them to Us their zeale and forwardnesse for settling the peaceable practice of the Service Booke Which Letters We here have caused to be inserted that the Reader may see what names of simplicitie and ignorance they bestow upon that multitude which made the first opposition and withall take notice of the names of the Magistrates subscribers to these Letters for some of them which hardly could be expected from reasonable men will be found to be very forward if not leaders in the next succeeding sedition and so of the rest which have followed since The Letters be these Most Reverend Father in God and our verie good Lord WEe regrait from our hearts that tumult which did fall out in our Churches that day of the inbringing of the Service Booke wherein now these of his Majesties Councell who have laboured the tryall thereof will give testimonie of our innocencie Since that time and the rising of his Majesties Councell in this feriall time we have daily concurred with our Ordinarie and our Ministerie for settling of that Service Booke as the right Honourable the Earle of Traquair Lord Treasurer with the Bishops of Galloway and Dunbleane will beare witnesse who have spared neyther paines nor attendance to bring that purpose to a good conclusion And although the povertie of this Citie be great being almost exhausted with publicke and common workes yet we have not beene lacking to offer good meanes above our power to such as should undertake that service and in all things wherein we have beene required we have ever beene ready really to approve our selves obedient and loyall subjects to his Majestie in all his Royall commandements which we have vowed ever to second to our lives end And we being infinitely obliged to your Graces favours we now presumed by these lines to give your Grace that assurance of obedience upon our part in this purpose and in all other purposes wherein we may contribute to the advancement of his Majesties service or can be expected of good subjects VVhereof if his Majestie by your Grace shall be pleased to rest assured whatsoever any other shall suggest we will accept it from you as a great accumulation of favour for all which your Grace shall ever finde us most thankfull Remembrancers and most ready really to expresse our thankfulnesse whenever we shall be made so happy as that your Grace shall have occasion to use our service Thus from our hearts wishing you all happinesse we kisse your Graces hands Edinburgh this 19. of August 1637. Your Graces most affectionate and humble servants the Bailliffes of Edinburgh J. Cochrane Bailly An. Ainslie Bailly J. Smith Bailly C. Hammilton Bailly THE SECOND LETTER Most Reverend Father in God and our very good Lord WEe did receive your Graces kind letter and from our hearts we do render your Grace most hearty thanks and as wee have hitherto found your speciall favour in this matter concerning the laitly imprinted Service Booke whereanent we did write to your Grace formerly shewing our dutifull and obedient resolution not onely in our selves but in the greatest and best part of our Inhabitants of whom from time to time we had most confident assurance so now we must againe become new suiters at your Graces hands to receive from us a true information of the difference of the present time and of that when we did presume to write the occasions thereof which is that since our last there hath beene such an innumerable confluence of people from all the corners of this kingdome both of Clergie and Laitie and of all degrees by occasion of two Councell dayes and such things suggested to our poore ignorant people that they have razed what we by great and continuall pains had imprinted in their minds and have diverted them altogether from their former resolutions so that now when we were urged by our selfes alone we could not adventure but were forced to supplicate the Lords of Councell to continue us in the state they had done the rest of the kingdome having hitherto forborne either to combine with them or to countenance them in their supplications yet we will not forbeare to doe our Masters service to our power but shall studie to imprint in their minds what hath beene taken away in the interim we will humbly beg your Graces favour and intercession with his Majestie that we may be keeped still in his favour which we doe esteeme our greatest earthly felicitie and that what course shall be taken with the rest of this kingdome in that matter who have presented many supplications and with whom we have in no wayes combined that the same and no other may be taken with us wherein we are confident to prevaile as much as any other within the kingdome and in all things shall endevour nothing more then that we may approve our selves most dutifull and obedient subjects Thus relying upon your Graces favour as our most assured refuge we kisse your Graces hands and rests Edinburgh this 26. of September 1637. Your Graces most affectionate and humble servants the Bailliffes of Edinburgh J. Cochrane Bailly J. Smith Bailly C. Hammilton Bailly James Rucheid WEe confesse that these large undertakings of the Magistrates moved Us to remit much of Our intended rigor against the offenders in the first uproare hoping that their acknowledgment of Our clemencie would have produced effects quite contrarie to those which We have found And now We shall desire the Reader to observe that this first tumult was owned by none condemned and cryed down by all the authors of it and actors in it called by all sorts by no better names then Rogues and the base Multitude What will you then think if that within verie few daies you shall see the verie same liberall bestowers of these names entring upon the same Stage repeating and acting over againe the parts of that madd Multitude Onely the Stage you shall see a little better hanged and the Scenes better set out and the Play having a more specious name of Pietie and Religion For soon after these base and unruly people who were so much out in their first act of Rebellion as Actors at the first are not commonly perfect were in the Pulpits even for that their first and foule act so much of late hissed at and decryed afterwards magnified for the most heroicall Sparkes that ever God inspired and raised up in this last age of the world and though they were but Asses yet they were cryed up for having their mouthes opened immediately by God as the mouth of Balaams Asse was to the upbraiding of all the rest of the Land who held their peace when they should have cryed and brayed as they did Their happy mouthes and hands which God was pleased to honour that day with the beginning of their new blessed Reformation and
their Protestation against Our Proclamation as if both had been made by the same authoritie And if this now were not a higher act of Rebellion then either the first tumult raised in the Churches against which they so much declamed or the second insurrection at Edinburgh which they so much disclamed Wee leave it to the world to judge The copies both of Our Proclamation and their Protestation We have here inserted that themselves as well as others may see that We wrong not the truth CHARLES by the grace God King of great Britaine France and Ireland defender of the faith c. To Our Lovits c. Our Sheriffes in that part conjunctly and severally specially constituted greeting For as much as Wee out of Our Princely care of maintenance of the true Religion already professed and for beating downe of all superstition having ordained a Book of Common prayer to be compiled for the generall use and edification of Our subjects within Our ancient Kingdome of Scotland the same was accordingly done In the performing whereof We took great care and paines So as nothing past therein but what was seene and approved by Us before the same was either divulged or printed assuring all Our loving subjects that not onely Our intention is but even the verie Book will be a readie meanes to maintaine the true Religion alreadie professed and beat out all Superstition Of which We in Our owne time do not doubt but in a faire course to satisfie Our good subjects But having seene and considered some Petitions and Declarations given in to Our Councell against the said Book and late Canons of the Church We find Our Royall Authoritie much injured thereby both in the matter and in the carriage thereof whereby We conceive these of Our Nobility Gentrie Burroughs Ministers and others who kept and assisted these meetings and Convocations for contriving and forming the said Petitions or who have subscribed the same to deserve and bee liable to Our high censure both in their persons and fortunes as having conveened themselves without either Our consent or authoritie Yet because We beleeve that what they have done herein is out of a preposterous zeale and not out of any disloyaltie or disaffection to Soveraigntie We are graciously pleased in so farre as concernes these meetings for consulting or subscribing of these Petitions or presenting the same to any Judge or Judges in Our said Kingdome to dispense therewith and with what may bee their fault or errour therein to all such as upon signification or declaration of Our pleasure shall retire themselves as becommeth good and dutifull subjects To which purpose Our will is and We charge you straightly and command that incontinent these Letters seene you passe and in Our name and authoritie make intimation hereof to all Our lieges and subjects by open Proclamation at all places needfull wherethrough none pretend ignorance thereof And therewith also That you in Our name and authoritie discharge all such convocations and meetings in time comming under the paine of treason And also that you command and charge and inhibit all Our lieges and subjects that none of them presume nor take in hand to resort nor repaire to Our Burgh of Sterling nor to no other Burgh where Our Councell and Session sits till first they declare their cause of comming to our Councell and procure their warrant to that effect And further that you command and charge all and sundrie Provosts Bailiffes and Magistrates within Burgh That they and everie one of them have a speciall care and regard to see this Our Royall will and pleasure really and dutifully obeyed in all points And that no violation thereof be suffered within their bounds under all highest paine crime and offence that they may commit against Us in that behalfe As also that you command and charge all and sundrie Noblemen Barons Ministers and Burrowes who are not actuall indwellers within this Our Burgh and are not of the number of the Lords of our privie Councell and Session and members thereof and are already within this Our Burgh that they and everie one of them remove themselves and depart and passe forth of Our said Burgh and returne not againe without the warrant aforesaid within six houres after the publication hereof under the said paine of treason And as concerning any Petitions that hereafter shall be given unto Us upon this or any other subject Wee are likewise pleased to declare that We will not shut Our eares therefrom so that neither the matter nor forme be prejudiciall to Our Regall Authoritie The which to do We commit to you conjunctly and severally Our full power by these Our Letters delivering the same by you duely execute and indorsed againe to the bearer Given under Our signet at Sterling the nineteenth day of February And of Our Reigne the thirteenth yeere 1638. Per actum Secreti Concilii Here followeth their Protestation For God and the King WE Noblemen Barons Ministers Burrowes appointed to attend his Majesties answer to our humble Petition and complaint and to preferre new grievances and to do what else may lawfully conduce to our humble desires That whereupon the 23. of September last wee presented a Supplication to your Lordships and another upon the 18. of October last and also a new Bill relative to the former upon the 19. of December last and did therein humbly remonstrate our just exceptions against the Service Book and Book of Canons and also against the Arch-bishops and Bishops of this Kingdome as the contrivers maintainers and urgers thereof and against their sitting as our Judges untill the cause be decided earnestly supplicating withall to bee freed and delivered from these and all other innovations of that kinde introduced against the laudable Lawes of this Kingdome as that of the High Commission and other evils particularly mentioned and generally contained in our foresaid supplications and complaints and that this our partie delinquent against our Religion and Lawes may be taken order with and these pressing grievances may be taken order with and redressed according to the Lawes of this Kingdome as by our said supplications and complaints more largely doth appeare With the which on the 19. of December last we gave in a Declinator against the Arch-bishops and Bishops as our parties who by consequence could not be our Judges wherupon your Lordships declared by your Act at Dalkeith the said 19. of December that you would present our Petitions to his Majesties Royall consideration and that without prejudice of the Declinator given in by us the said supplicants wherupon we should be heard at place and time convenient And in the meane time should receive no prejudice as the said Act in it selfe beareth And whereas we your Lordships supplicants with a great deale of patience and hope also grounded on sundry promises were expecting an answere to these our humble desires and having learned that upon some directions of His Majesties anent our supplications and complaint unto your
Lordships of the Secret Councell your Lordships admits to the consulting and judging anent our supplications and His Majesties answere thereunto the Archbishops and Bishops our direct parties contrarie to our Declinator first propounded at Dalkeith and now renewed at Sterling and contrarie to your Lordships Act aforesaid at Dalkeith and contrarie to our Religion and Lawes and humble supplications Therefore lest our silence be prejudiciall to this so important a cause as concernes Gods glorie and worship our Religion Salvation the Lawes and Liberties of this Kingdome or derogatorie to the former supplications and complaints or unanswerable to the trust of our Commission out of our bound dutie to our God our King and native Countrey we are forced to take instruments in Notaries hands of your Lordships refusall to admit our Declinator or remove these our Parties and to protest in manner following First That we may have our immediate recourse to our sacred Soveraign to present our grievances and in a legall way to prosecute the same before the ordinarie competent Judges Civill or Ecclesiasticall without any offence offered by us or taken by your Lordships Secondly VVe protest that the said Archbishops and Bishops our Parties complained upon cannot be reputed or esteemed lawfull Judges to fit in any Judicatorie in this Kingdome Civill or Ecclesiasticall upon any of the supplicants untill after lawfull tryall judicially they purge themselves of such crimes as we have already laid to their charge offering to prove the same whensoever His Sacred Majestie shall please to give us audience Thirdly VVe protest that no Act nor Proclamation to follow thereupon past or to be past in Councell or out of Councell in presence of the Archbishops and Bishops whom we have already declined to be our Judges shall any wayes be prejudiciall to us the supplicants our persons estates lawfull meetings proceedings or pursuits Fourthly VVe protest that neither we nor any whose heart the Lord moveth to joine with us in these our supplications against the foresaid Innovations shall incurre any danger in life lands or any Politicall or Ecclesiasticall paines for not observing such Acts Bookes Canons Rites Judicatories Proclamations introduced without or against the Acts of Generall Assemblies or Acts of Parliament the Statutes of this Kingdome But that it shall be lawfull to us or them to use our selves in matters of Religion of the externall worship of God and Policie of the Church according to the word of God and laudable Constitutions of this Church and Kingdome conforme to His Majesties Declaration the ninth of December last Fifthly seeing by the legall and submisse way of our former supplications all who takes these Innovations to heart have been kept calme and carried themselves in a quiet manner in hope of redresse VVe protest that if any inconvenience shall happen to fall out which we pray the Lord to prevent upon the pressing of any of the foresaid Innovations or evils specially or generally contained in our former supplications and complaints and upon your Lordships refusall to take order thereanent the same be not imputed to us who most humbly seeks all things to be reformed by an Order Sixthly we protest that these our requests proceeding from conscience and a due respect to His Majesties honour doe tend to no other end but to the preservation of the true reformed Religion the lawes and liberties of this His Majesties most ancient Kingdome and satisfaction of our most humble desires contained in our supplication and complaint according to his Majesties accustomed goodnesse and justice from which we doe certainely expect that His Sacred Majestie will provide and grant such remedie to our just petitions and complaints as may be expected from so gracious a King toward most loyall and dutifull subjects calling for redresse of so pressing grievances and praying to God that his Majestie may long and prosperously reigne over us AGainst which Protestation We shall now say nothing because it is contained repeated in another larger Protestation of theirs which shall be inserted hereafter and there it shall receive a full answer Onely We desire the Reader to observe these two things in it First the iniquitie and injustice of their demanding some of our Bishops to be removed from our Councell nay and which We think never was heard before their protesting against all Acts to be done and passed in our Councell at which any of them shall be present alledging that this their Protestation against them and Declinator of them maketh them to be parties and so they cannot be Judges and withall they require them first to be removed and then promise they will make proofe of such crimes against them as shall declare the justice of their removall which is all one as to intreat them first to condemn a man and then to trie him And if a Protestation against their sitting in Councell and a Declinator of Our Councells authoritie neither of them admitted by our Councell shall make some Councellours to be parties and invalidate all Acts of Councell so long as these Councellours whom they have fancied to be parties sit there how their last pretended generall Assembly against which there were so many Protestations made both by the Bishops and others and which by all these Protesters was declined as Judge because the members of it had all made themselves parties can be counted a lawfull generall Assembly or the members of it lawfull Judges We leave it to themselves to reconcile And if they should say that these Protestations and Declinators against the Assembly were repelled by the Assembly who was the sole Judge of them let them remember that their Protestation against the Bishops and their Declinator against Our Councels authoritie if they should not eject them were both of them likewise repelled and rejected by Our Councell who was the onely true Judge of them their last pretended Assembly being no true but onely a pretended Judge of the others after the Assembly was dissolved by Our authoritie And secondly We shall desire the Reader to observe that their demands in this Protestation are very farre short of those which are made by them in their succeeding Protestations which swell with farre more bold and insolent demands then this doth although this be bold and insolent enough But it is an usuall course with the heads of all Rebellions to draw in that partie by whose power they intend to make good their wicked plots with small things at the first concealing from them the depth of their intentions untill they have engaged them so farre as they can make them beleeve that there is no safety in retreating when their crimes are past hope of pardon And now after this their first Protestation begun the most unnaturall causlesse and horrible Rebellion that this or perhaps any other age in the world hath been acquainted with For now these Protesters begin to invest themselves with the supreme Ensignes and Markes of Majestie and Soveraigntie by erecting publike Tables
Act. 99. Parl. 7. Act. 23. Parl. 11. Act. 114. Parl. 12. Act. 160. Parl. 13. K. James 6. ratified by Act. 4. K. Charles So that Act. 6. Parl. 1. and Act. 68. Parl. 6. of K. James 6. in the yeare of God 1579. declares the Ministers of the blessed Evangel whom God of his mercie had raised up or hereafter should raise agreeing with them that then lived in Doctrine and administration of the Sacraments and the people that professed Christ as he was then offered in the Evangel and doth communicate with the holy Sacraments as in the reformed kirkes of this Realme they were presently administrate according to the Confession of Faith to be the true and holy kirk of Christ Jesus within this Realme and decernes and declares all and sundrie who either gainsayes the VVord of the Evangel received and approved as the heads of the Confession of Faith professed in Parlament in the yeare of God 1560. specified also in the first Parlament of K. James 6. and ratified in this present Parlament more particularly do specifie or that refuses the administration of the holy Sacraments as they were then ministrated to be no members of the said kirk within this Realme and true Religion presently professed so long as they keepe themselves so divided from the societie of Christs bodie And the subsequent Act. 69. Parl. 6. K. James 6. declares That there is no other face of kirke nor other face of Religion then was presently at that time by the favour of God established within this Realme which therefore is ever stiled Gods true Religion Christs true Religion the true and Christian Religion and a perfect Religion Which by manifold Acts of Parlament all within this Realme are bound to professe to subscribe the articles thereof the Confession of Faith to recant all doctrine and errours repugnant to any of the said Articles Act. 4. and 9. Parl. 1. Act. 45.46.47 Parl. 3. Act. 71. Parl. 6. Act. 106. Parl. 7. Act. 24. Parl. 11. Act. 123. Parl. 12. Act. 194. and 197. Parl. 14. of K. James 6. And all Magistrates Sheriffes c. on the one part are ordained to search apprehend and punish all contraviners for instance Act. 5. Parl. 1. Act. 104. Parl. 7. Act. 25. Parl. 11. K. James 6. And that notwithstanding of the Kings Majestes licences on the contrary which are discharged and declared to be of no force in so farre as they tend in any wayes to the prejudice and hinder of the execution of the Acts of Parlament against Papists and adversaries of true Religion Act. 106. Par. 7. K. James 6. on the other part in the 47. Act. Parl. 3. K. James 6. it is declared and ordained seeing the cause of Gods true Religion and his Highnesse Authority are so joyned as the hurt of the one is common to both and that none shall be reputed as loyall and faithfull subjects to our Soveraigne Lord or his Authority but be punishable as rebellers and gainstanders of the same who shall not give their Confession and make their profession of the said true Religion and that they who after defection shall give the Confession of their faith of new they shall promise to continue therein in time comming to maintaine our Soveraigne Lords Authoritie and at the uttermost of their power to fortifie assist and maintaine the true Preachers and Professours of Christs Religion against whatsoever enemies and gainstanders of the same and namely against all such of whatsoever nation estate or degree they be of that have joyned and bound themselves or have assisted or assists to set forward and execute the cruell decrees of Trent contrary to the Preachers and true Professours of the Word of God which is repeated word by word in the Articles of Pacification at Pearth the 23 of February 1572. approved by Parlament the last of Aprill 1573. ratified in Parlament 1578. And related Act. 123. Parl. 12. of K. James 6. with this addition That they are bound to resist all treasonable uproares and hostilities raised against the true Religion the Kings Majestie the true Professors Like as all lieges are bound to maintain the K. Majesties Royal Person and authority the authority of Parlaments without the which neither any laws or lawful judicatories can be established Act. 130. Act. 131. Par. 8. K. Ja 6. the subjects liberties who ought only to live and be governed by the Kings lawes the common lawes of this Realm allanerly Act. 48. Parl. 3. K. James 1. Act. 79. Parl. 6. K. James 4 repeated in Act. 131. Parl. 8. K. James 6. VVhich if they be innovated or prejudged the Commission anent the union of the two kingdomes of Scotland and England which is the sole Act of the 17. Parl. of K. James 6. declares such confusion would ensue as this Realme could be no more a free Monarchie because by the fundamentall lawes ancient priviledges offices and liberties of this kingdome not onely the Princely authoritie of his Majesties royall discent hath bin these manie ages maintained but also the peoples securitie of their lands livings rights offices liberties dignities preserved and therefore for the preservation of the said true Religion Lawes and Liberties of this kingdome it is statute by Act. 8. Parl. 1. repeated in Act. 99. Parl. 7. ratified in Act. 23. Parl. 11. and 114. Act. of K. James 6. and 4. Act. of K. Charles That all kings and Princes at their Coronation and reception of their Princely authoritie shall make their faithfull promise by their solemn oath in the presence of the eternall God that enduring the whole time of their lives they shall serve the same eternall God to the uttermost of their power according as he hath required in his most holy VVord contained in the old and new Testaments And according to the same VVord shall maintain the true Religion of Christ Jesus the preaching of his holy VVord the due and right ministration of the Sacraments now received and preached within this Realme according to the Confession of Faith immediately preceding and shall abolish and gainstand all false Religion contrarie to the same and shall rule the people committed to their charge according to the will and command of God revealed in his foresaid VVord and according to the lowable lawes and constitutions received in this Realm no waies repugnant to the said will of the eternall God and shal procure to the uttermost of their power to the kirk of God and whole Christian people true and perfit peace in all time comming and that they shall be carefull to root out of their Empire all Hereticks and enemies to the true worship of God who shall be convicted by the true kirk of God of the foresaid crimes which was also observed by his Majesty at his Coronation in Edinburgh 1633. as may be seene in the order of the Coronation In obedience to the commandement of God conform to the practice of the godly in former times and according to the laudable example
that companie which attended Our Commissioner from Dalkeith but stayed for him on the way in a farre grosser bodie by themselves was assembled to doe honour to Our Commissioner or for shewing their owne power and strength by way of comparison with the companie whom they met which they farre exceeded Wee will not determine But thus Our Commissioner was conducted to Our Palace of Holy-rood-house where he was received by the Lord Provost Bailiffes Magistrates and citizens of Edinburgh with outward demonstrations of being welcome And this was all the entertainment which at any time he had from the body of the Covenanters during the time of his abode in that Kingdome which whether it were hearty and sincere or but onely in show and to shew their owne power Wee leave it to be judged by the entertainment and respect which afterward he received from them which will be found to bee just none at all For during the time of his continuance amongst them though he found that they gave civill respects to him as Marquesse of Hamiltoun yet his being cloathed with Our authoritie and commission did much diminish them as shall appeare now in the next place by those perpetuall affronts which they ceased not to offer daily to him and Our Councell in all their proceedings concerning the businesse for which he was sent Our Commissioner now being settled at Our palace with the assistance of Our Councell hee fell presently upon the maine businesse with the Covenanters whom hee desired to dismisse their great multitudes which they did being indeed necessitated thereunto for the ease of their great charge The two maine Propositions which hee offered to their consideration were these First what they should expect from him in Our name for satisfaction to their complaints and accommodating their grievances Next what might be expected from them for returning to their former obedience especially in renouncing and delivering up their late Covenant Both which propositions they did receive with so much sleighting and contempt as that they avowed no satisfaction from Us should be accepted which contained any particulars but that they expected first a Generall Assembly of the Church and then a Parliament that in these two Judicatories they would represent and discusse their grievances And no wonder for in both these they knew that themselves were to be both Judges and parties For the second they answered that they could not returne to their former obedience from which they would never acknowledge that they had departed in the least degree having done no act but that which became good and dutifull subjects And for their Covenant that they would rather renounce their Baptisme then renounce it or abate one word or syllable of the literall rigour of it it being more availeable and usefull unto them then all the Lawes and Acts of Parliament which had beene enacted in that Kingdome since the time of Fergus the first King thereof And that it was a proposition which though they had now heard they were resolved never to heare a second time And accordingly after Our propositions thus made and rejected they presently filled the people with such misreports of the intentions and ends of Our Commissioners comming as they wrought them to a greater height of furie then before as if now their Religion and Lawes were brought to the stake For now new Guards were clapt upon Our castle of Edinburgh the Guards and Watches of the citie multiplied the Preachers Prayers and Sermons grew to be so many Libells and admonitions that they should take heed of craftie compositions or yeelding in the least point of their intended reformation for if they should abate in any one thing it would be thought that they might be mistaken in all They presently printed their weake Reasons against their rendring up of their Covenant nay they grew to that rage that on the Saturday having knowledge that Our Commissioner attended with Our Councell was to heare divine Service and Sermon in Our owne chappell at Our owne palace the day following being Sunday they sent him word that whosoever should read the English Service in Our chappell should never read more and that there were a thousand men provided for the disturbance of it which forced Our Commissioner that night to repaire to Dalkeith being unwilling to heare Sermon but in Our owne chappell or there without hearing the English Divine Service it having beene continually read there by the space of twentie yeares in the audience of Our Councell manie of the Nobilitie Judges and persons of all qualitie without any interruption or dislike Nay more they grew to that boldnesse as to write letters to everie one of Our Councell requiring them to subscribe their Covenant which Letter sent to everie one of them severally but in the same words here followeth May it please your Lordship WEe the Ministers of the Gospel conveened at this so necessarie a time doe finde our selves bound to represent as unto all so in speciall unto your Lordship what comfortable experience we have of the wonderfull favour of God upon the renewing of the Confession of faith and Covenant what peace and comfort hath filled the hearts of all Gods people what resolutions and beginnings of reformation of manners are sensibly perceived in all parts of the kingdome above any measure that ever we did finde or could have expected how great glorie the Lord hath received thereby and what confidence we have if this sunshine be not eclipsed by some sinfull division or defection that God shall make this a blessed kingdome to the contentment of the Kings Majestie and joy of all his good subjects according as God hath promised in his good Word and performed to his people in former times And therefore we are forced from our hearts both to wish and entreat your Lordship to be partaker and promover of this joy and happinesse by your subscription when your Lordship shall thinke it convenient And in the meane while that your Lordship would not be sparing to give a free testimonie to the truth as a timely and necessarie expression of your tender affection to the cause of Christ now calling for helpe at your hands your Lordships profession of the true Religion as it was reformed in this land the nationall oath of this kingdome sundry times sworne and subscribed ablishing us who live at this time the dutie of a good Patriot the office and trust of a Privie Councellour the present employment to have place amongst those that are first acquainted with his Majesties pleasure the consideration that there is the time of tryall of your Lordships affection to Religion the respect which your Lordship hath unto your fame both now and hereafter when things shall be recorded to posteritie and the remembrance that not onely the eyes of men and Angels are upon your Lordships carriage but also that the Lord Jesus is a secret witnesse now to observe and shall be an open Judge hereafter to reward and confesse everie
man before his Father that confesseth him before men All of these and each of them besides your Lordships personall and particular obligations to God doe call for no lesse at your Lordships hands in the cause of so great and singular necessitie and we also doe expect so much at this time according as your Lordship at the houre of death would be free of the terrour of God and be refreshed with the comfortable remembrance of a word spoken in season for Christ Jesus King of Kings and Lord of Lords OUr Commissioner in the meane time resolved to publish Our gracious Declaration for relieving of their grievances and satisfying Our people in Our forwardnesse for the maintenance of the Religion professed in that Kingdome and Our aversnesse from Poperie which they of the Covenanters Table having notice of being above all things afraid that Our people should receive any satisfaction from Us or rest contented with the grace of Our reasonable proffers of favour did mightily repine at came to Our Commissioner and wished him for Our honour his owne safetie and peace of the publike not to make any such Declaration which undoubtedly would be encountred with a Protestation and that in such manner as would be displeasing to him and make the publishing of that Declaration be found disserviceable unto Us. Our Commissioner being perplexed with these unexpected and dangerous difficulties resolved by faire proceedings to gaine so much time untill he might make Us acquainted with them and receive Our answer and instructions concerning them In his Letters of advice he acquainted Us with the danger threatned if he should publish Our Declaration which though he knew to be full of grace yet the heads of the Covenant would never suffer the multitude of their members to understand it so Two things he desired of Us One that in case Wee continued in Our resolution of publishing Our Declaration Wee would be pleased to sweeten it with this further favour as to restore to the citie of Edinburgh the sitting of Our Councell Our Session and all other Courts of Justice which he conceived would be very acceptable to Our Councellors Judges to all Advocates and all dependents upon the Law to all Our subjects which had businesse depending in any of these Courts but most of all to the citie of Edinburgh which complained much of their being impoverished by absence of these Courts and that this was like to prove a most probable perswasion for reclaiming them to their former obedience Next that We would be pleased to give him leave to take a journy unto Us though he should returne presently that he might acquaint Us with the new emergencies of businesses and such other things as could not be conveniently expressed in Letters and so accordingly receive instructions from Us for his carriage To which Letters of advice Wee did returne by a speedie dispatch this answer That We would have Our Declaration no longer delayed but commanded him presently to publish it because Wee would not whatsoever the event should be have Our people barred the knowledge of Our Gracious intentions and favours towards them which We did see the leaders of them studied nothing more then to suppresse And that at his intreatie Wee were contented that all the Courts of Justice should presently begin to sit againe at Edinburgh for the reasons contained in his Letters and in hope of reclaiming of that Citie which otherwise by their misdemeanour had no reason to expect any such favour from Us And withall after the dispatch of these two that Wee were contented hee should repaire to Us as hee desired whensoever hee should finde it convenient taking first order with Our Councell for keeping all things in order untill his returne This answer of Ours so soone as Our Commissioner received he assembled Our Councell and made them acquainted with it who were so well satisfied with the bringing back of Our Courts of Justice to Edinburgh that presently they sent unto Us a Letter of thanks of this tenour Most Sacred Soveraigne THe Marquesse of Hamiltoun your Majesties Commissioner having imparted unto us your Majesties gracious pleasure and allowance that the Judicatories of the Councell of Session and others should be returned to the Citie of Edinburgh Thereupon the Lord Commissioner being present order was given for publication at the Market Crosse of Edinburgh with all solemnities requisite and that the like publication should be made throughout the whole Kingdome at all publike places This hath given so great contentment to all your Majesties subjects that we cannot expresse with what dutifull respect and heartie prayers for your Majestie they have embraced this great and undeserved favour In consideration whereof wee conceive our selves bound in dutie to acquaint your Majestie herewith and withall to render to your Majestie most humble and heartie thanks for this so great grace and goodnesse which wee hope shall contribute to the good of your Majesties service and to establishing the peace of the Countrie for the which we all your Majesties good subjects shall ever bee most thankfull and all in dutie bound to pray for your Majesties long and happie Reigne Holy-rood-house July 2. 1638. Subscribitur Traquaire Roxbrugh Mar Morton Winton Lithgow Wigtonne Kingorne Hadinton Lauderdaile Kinoul Southesk Lorne Naper Dalyell Ihay Ja Carmithaell Thomas Hop John Hammilton ANd accordingly Our Commissioner caused Proclamation to be made at the Crosse of Edinburgh for the first sitting downe of the Session there the Tuesday following being the third of July 1638. which was received with such joy by the Judges Advocates and all others having relation to the Colledge of Justice but above all by the Magistrates and Citizens of Edinburgh that Our Commissioner and Councell did then well hope all mens minds had beene well prepared to receive the Declaration of Our Grace and favour which was to bee published in the next Proclamation with an humble and thankfull acknowledgment which undoubtedly they had done if they had not beene not onely diverted but perverted by those men who interpreted every satisfaction of Our subjects received from Us to be a dividing and pulling them away from themselves And therefore they quickly cast about to finde out some meanes how this Our speciall favour might not be resented by them which was this They assured their followers that there were two of the Lords of Our Session viz. Sir Robert Spotswood President of the same and Sir John Hay Our Clerk of Register answerable to the Master of the Rolles here in England sworne enemies to their Covenant well affected to Episcopall government procurers and abettors of the pretended Innovations that unlesse these two were presently removed from Our Session there could be no good intended to them by the bringing of it back to Edinburgh and therefore advised them to send some of their number to Our Commissioner to desire that these two Our Judges might presently bee removed from that Court Not that they who put this in their
heads thought that Our Commissioner could yeeld to a request of so high injustice but because they knew that hee neither could nor would yeeld unto it and that therefore by his deniall they should have meanes to irritate Our people even to a disgust of that Our Gracious favour which the day before they had so well relished But yet according to their resolution some of the principall Covenanters of all sorts sent from their Table had the boldnesse to repaire to Our Commissioner and to demand of him that which they were sure no just nor honest man could grant viz. That they could clearely prove briberie and corruptions frequently to have beene used by these Our two Judges and therefore intreated him to remove them presently from their places of Judicatorie after which they would intend processe and so legally proceed in the probation of these crimes objected against them To which their demand Our Commissioner returned this just and modest answer That sure they could not expect that he either could or should condescend to this their desire which yeelded unto did overthrow the verie foundation and maine rule of Justice viz. That any man should be punished for any crime before he were legally convicted of it and therefore he advised them to follow the constant course of justice which was this If they thought these Judges clearely convincible of these horrible crimes they should intend first processe against them and then probation of the crimes of which if they were found guiltie then they needed not doubt but they should be removed from their places and receive such further condigne punishment as the Lawes of the Kingdome had provided for such notorious criminals assuring them that We his Master would bee so farre from hindring the course of Justice against any such offenders as that Wee would hold it a speciall service done to Us to bring the iniquitie of Our Judges to publike triall and censure and that he would make Us acquainted with their demands with which just answer they were resolved to be so unsatisfied that they replied unto him that this his deniall would be attended with a great inconvenience to all Our subjects for they would in that case of deniall make and publish a Protestation that whatsoever Act Decree or Order the Lords of Our Session should make in any cause at which these two Judges or either of them were present and gave voice should be null and void in Law and that none of Our subjects either should bee bound or would yeeld obedience to them Was not this a strange usurpation upon Regall power To this Our Commissioner only added That everie such Protestation must be made before the Lords of the Session who had the power of admitting or repelling it and therefore for that point hee remitted them to these Lords as the competent Judges of it which answer of Our Commissioner they presently laboured to have misconstrued by their partie telling them that there was no hope of any Justice to be had against any man who was an enemie to them and their Covenant At the day appointed by the Proclamation the Session sate down and Our Commissioner in his owne person went to the place and opened it with a short speech to the Judges to this purpose THat hee was warranted from Us to recall the Session againe to Edinburgh That the chiefe thing that had moved Us thereunto was the sense of the many incommodities which Our subjects in generall and the Judges in particular did sustaine by the removing of it That We had required him to desire and command the Judges to grant all reasonable dispatch to Our subjects in the administration of Justice that so some time which was lost might be regained That in Our name he required them to be very carefull and circumspect that in these troublesome times no Order nor Decree might passe from them which might be prejudiciall to Our Crown or service Our Judges hereupon returned to Our Commissioner their humble and heartie expressions of all thankfull acknowledgment for this Our singular favour and grace to themselves and all Our subjects and with great submission intreated him to returne unto Us their humble and heartie acknowledgment And here now We desire the Reader to observe that the Covenanters neither made any such Protestation against the sitting of the two Judges as they talked of nor did ever intend any processe or probation against them for the crimes objected though Our Commissioner immediately after his returne from Us assured them that We not onely had given them leave but would thanke them for so doing which We are confident they would have done if they had conceived these Judges guiltie and giveth to Us good assurance that this calumnie against these Judges was onely cast in by some of their ring-leaders to marre and interrupt that resentment of Our grace and favour which they perceived wrought verie much upon many of Our subjects of their partie for bringing backe again Our Courts of Justice to Our citie of Edinburgh The Session thus setled Our Commissioner resolved to publish by Proclamation the Declaration of Our grace and favour The principall Covenanters when they could not disswade him from it presently went about and both by themselves and their seditious Preachers filled their followers mindes with such fearefull expectations of it that some dayes before it was published they filled the streets with multitudes of people especially neare the Crosse where it was to be proclaimed and those in hostile equipage divided into rankes pulling their swords out of their belts and with pistolls being armes prohibited by Our lawes of that Kingdome giving out that if this Our Declaration were hearkened unto it would bring undoubted ruine to their Religion lawes and liberties though the people knew nothing of what was to be delivered in Our Declaration Some daies they continued in this posture which made Our Commissioner delay the publishing of it untill he might heare of more quietnesse and peace in the streets of which being advertised he caused the Proclamation of Our grace and favour solemnely to be made at the Crosse of Edinburgh No sooner were the trumpets sounded but there came to the Crosse a mightie confluxe of people the Covenanters had presently a scaffold erected on which they mounted with a Protestation readie written in their hands before Our Proclamation was pronounced Our Proclamation was thus CHARLES by the grace of God King of Scotland England France and Ireland Defender of the Faith To our Lovits Heraulds Messengers our Sheriffes in that part conjunctly and severally specially constitute greeting Forsameikle as We are not ignorant of the great disorders which have happened of late within this Our ancient Kingdome of Scotland occasioned as is pretended upon the introduction of the Service Book Book of Canons and High Commission thereby fearing innovation of Religion and Laws For satisfaction of which fears We well hoped that the two Proclamations of the eleventh of December
and nineteenth of February had been abundantly sufficient Neverthelesse finding that disorders have daily so increased that a powerfull rather then perswasive way might have been justly expected from Us Yet We out of Our innative indulgence to Our people grieving to see them run themselves so headlong into ruine are graciously pleased to try if by a faire way We can reclaime them from their faults rather then to let them perish in the same And therefore once for all We have thought fit to declare and hereby to assure all Our good people that We neither were are nor by the Grace of God ever shall bee stained with Popish superstition But by the contrary are resolved to maintain the true Protestant Christian Religion already profest within this Our ancient Kingdome And for farther clearing of scruples We do hereby assure all men that We will neither now nor hereafter presse the practice of the foresaid Canons and Service Book nor any thing of that nature but in such a faire and legall way as shall satisfie all Our loving subjects that We neither intend innovation in Religion or Lawes And to this effect have given order to discharge all Acts of Councel made thereanent And for the high Commission We shall so rectifie it with the help of advice of Our privie Councel that it shall never impugne the Lawes nor bee a just grievance to Our loyall subjects And what is farder fitting to be agitate in generall Assemblies and Parliament for the good and peace of the Kirk and peaceable government of the same in establishing of the Religion presently profest shall likewise be taken into Our Royall consideration in a free Assembly and Parliament which shall be indicted and called with Our best conveniencie And We hereby take God to witnesse that Our true meaning and intention is not to admit of any innovations either in Religion or Laws but carefully to maintain the purity of Religion already profest and established and no wayes to suffer Our Lawes to be infringed And although We cannot be ignorant that there may be some dis-affected persons who will strive to possesse the hearts of Our good subjects that this Our gracious declaration is not to be regarded Yet We do expect that the behaviour of all Our good and loyall subjects will be such as may give testimonie of their obedience and how sensible they are of Our grace and favour that thus passeth over their misdemeanours and by their future carriage make appeare that it was only feare of innovation that hath caused the disorders which have happened of late within this Our ancient Kingdome And are confident that they will not suffer themselves to be seduced and mis-led to misconstrue Us or Our actions but rest heartily satisfied with Our pious and reall intentions for maintenance of the true Religion and Lawes of this Kingdome Wherefore We require and heartily wish all Our good people carefully to advert to these dangerous suggestions and not to permit themselves blindely under pretext of Religion to be led in disobedience and draw on infinitely to Our grief their own ruine which We have and still shall strive to save them from so long as We see not royall Authoritie shaken off And most unwillingly shall make use of that power which God hath endued Us with for reclaiming of disobedient people OUR WILL is herefore and Wee charge you straightly and command that incontinent these Our Letters seene you passe to the market crosse of Our Burgh of Edinburgh and all other places needfull and there by open Proclamation make publication hereof to all and sundry Our good subjects where through none pretend ignorance of the same The which to do We commit to you conjunctly and severally Our full power by these Our Letters delivering the same by you duely execute and indorsed againe to the Bearer Given at Our Court of Greenwich the twenty eight day of June and of Our Reigne the thirteenth yeer 1638. Per Regem NO sooner was it ended but this their ensuing Protestation against it begun and was publickly read which here according to their printed Copie We have caused to be reprinted The Protestation of the Noblemen Barons Gentlemen Burrows Ministers and Commons c. WEe Noblemen Barons Gentlemen Burgesses Ministers and Commons That whereas wee the Kings Majesties true and loyall Subjects who have ever esteemed it our greatest happinesse to live under a religious and righteous King and our greatest glory to testifie our best affections to our gracious Soveraign have beene in His Majesties absence from this His native Kingdome heavily pressed for a long time past And especially of late with diverse innovations which both in themselves and in the way wherein they have beene urged doe manifestly tend to the prejudice of the Kings honour and of our Religion Laws and Liberties And by which we were brought to such extremitie that there was no way left betwixt the rock of excommunication and the high paine of rebellion on the one part and the desperate danger of forsaking the way of true Religion and the breach of our Covenant with God on the other but to represent our case and present our supplications to the Lords of secret Councell that being equally pondered by them they might either be answered by themselves or by their recommendation might ascend to his Majesties owne consideration And therefore in all humble manner we did to this effect supplicate their Lordsh we were most willing for the modest following of our supplications to obey their direction in choosing Commissioners for the great number of supplicants who flocked together from all quarters of the Kingdome were carefull to order our selves in all Christian and quiet carriage and against the tediousnesse of many and long delaies did wait for a long time with very great patience till at last they were pleased to receive our supplications complaints and bills And conceiving them to containe weightier matters then could by themselves bee determined they did promise and undertake to represent and recommend the same according to their more then ordinary importance unto his Majesties Royall consideration and to report his Majesties answer While his Majesties good Subjects of all ranks throughout the whole Kingdome had their minds wakened and their hearts filled with the expectation of a gracious and satisfactorie answer worthy of his Majesties pious and equitable disposition in the Month of February last incontinent a rumour flyeth through the Countrie and filleth all eares That the Lords of his Majesties secret Councell were commanded to make such a Proclamation concerning the Service booke booke of Canons and the peaceable meetings of his Majesties good Subjects in time comming as we were perswaded to have beene procured by the secret working and malignant mis-information of our adversaries Seeking for their owne private ends without respect to his Majesties honour and welfare of this Kirk and Kingdome to stop the course of our legall proceedings and to escape their owne due censure And
therefore intending to make known to the Lords of secret Councell what was noised concerning the Proclamation how far the whole Kingdome had been by some sinistrous mis-information frustrate of their hopes and their constant desire to have some course taken by their Lordsh advice how his Majestie being further informed might deliver his good subjects from so great grievances and feares and establish a sure peace in this Countrie for time to come we found our selves tyed by order of Law to decline those against whom we had made our complaint unlesse we would admit our parties to be our Judges And in case our Declinator should not be accepted we behoved to protest that we might have immediate recourse to the King himselfe c. Thereafter in the Moneth of March finding that by the foresaid Proclamation the innovations supplicated against were approven our lawfull proceedings condemned our most necessary meetings prohibited there being no other way left unto us wee were necessitate to renew the nationall Covenant of this Kirk and Kingdome thereby to reconcile us to God provoked to wrath against us by the breach of his Covenant within this Land to cleare our Soveraigns mind from all jealousies and suspicions arising from our adversaries mis-information of our intentions and carriage and so to make way for his acceptance of our humble supplications and grant of their lawfull remedies to guard this Land in defence of Religion authoritie and liberty against inward divisions and externall violences And that our actions might be answerable to our holy profession we afterward drew up an humble supplication containing our grievances and desires of the ordinary remedies thereof to have beene delivered to the King himselfe In the meane time wee were directed by those who were intrusted by his Majesty to attend his Declaration here in Scotland which would free us of all feares of innovations of Religion and prove satisfactorie And lest for want of true information of our just grievances and desires it should fall out otherwise wee expressed to them with the greatest modestie wee could our desires in some few Articles and with great patience have attended his Majesties pleasure thereanent And all this Moneth by-gone being frequently conveened to heare the same delivered by his Majesties Commissioner the right Noble and potent Lord James Marquesse of Hamiltoun c. we presented a new petition to his Grace as his Majesties Commissioner craving most humbly the indiction of a free Assembly and Parliament as the onely remedies thereof Like as finding a mis-information or mistake of our Covenant with God as if it had beene an unlawfull combination to bee the maine hinderance of obtaining our desires in a new supplication wee have fully removed that impediment renewed our desires of those supreme judicatories to bee indicted with diligence for settling of the Kirke and Kingdome But being answered only with delayes after these nine Moneths attendance and with this Proclamation that conteined his Majesties gracious declaration of his pious intentions not to admit of any innovations in Religion or Law nor any staine of Popish superstition But on the contrary to be resolved to maintaine the true Christian Religion professed in this Kingdome which we were ever so far from calling in question as in our supplicatications complaints and bills we used the same as one cause of our desires one ground of our confidence of a gracious answer and argument of our adversaries malignant mis-information of so religious a King And now most humbly with bended knees and bowed hearts thanke our gracious Soveraigne for the same Wishing and praying the Lord of heaven truly and fully to informe his Majestie how far these bookes judicatories and all our other evils and grievances are full of idolatrous superstitions and Popish errours How destructive of the reformation of Religion in this Land and of the Lawes and Liberties of this Church and Kingdome and so directly contrary to this his Majesties pious intention and Declaration Yet seeing that no Proclamation could sufficiently remove the present evils nor settle our feares nor secure us from the re-entrie of any evill or Innovation which it seemed to discharge or prevent the like in time comming nor satisfie our humble supplications craving the present indiction of a free Assembly and Parliament as the only remedies of our evils and meanes to prevent the like And seeing this Proclamation doth not so much as make mention or acknowledge any of our supplications complaints and grievances or any just cause thereof except under the name of great increase of disorders faults and mis-demeanours but only our feares of some future Innovation of Religion or Lawes occasioned onely as is pretended by the introduction of the Service booke booke of Canons and High Commission which feares his Majestie hoped to have beene abundantly and sufficiently satisfied by his two former Proclamations of the ninth of December and ninteenth of February And by this his present Declaration except his subjects bee blindly under pretext of Religion led unto disobedience Doth mis-ken passe over and so in effect denie all our supplications bills articles and desires especially our complaints against the Prelats our parties And that once for all in a faire and perswasive way even after the resaite of our last supplication clearing us from the calumnie of unlawfull combination Doth not disallow nor discharge any of the innovations and evils complained upon but only assureth that his Majestie will not presse their practice but in such a faire and legall way as shall satisfie his subjects of his intention which joyned with the other clause allowing and confirming the Proclamation the nineteenth of February evidenceth the liberty left to any Prelate or persons to practise the same and by all other faire waies to perswade others thereunto and his Majesties resolution to presse their practice in a faire and legall way And also confirmeth the former Declaration that the Service Booke is a ready meane to maintaine the true Religion already professed and to beat out all Superstition and no waies to be contrary to the Lawes of this Kingdome but to be compiled and approved for the universall use and edification of all his Majesties subjects Doth not abolish but promiseth to rectifie the High Commission with advice of his privie Councell implying the Kings power with consent of the Councell to establish this or any judicatory within this Kingdome without consent of the three Estates conveened in Parliament contrary to the fundamentall and expresse Lawes thereof and by consequent with the like reason to establish Lawes and Service bookes without consent of the Assembly and Parliament Which is contrary to the maine ground of all our supplications against the manner of their introduction Doth only promise to take into his consideration in an Assembly and Parliament which shall bee called at his best convenience while as the evident and urgent necessity for settling the combustions threatning the totall dissolution and desolation of this Church and
Country and our posterity and doth tend to no other end but to the preservation of the true reformed Religion the confession of Faith Lawes and Liberties of this His Majesties most ancient Kingdome and of His Majesties authority in defence thereof and satisfaction of our humble desires contained in our Supplications complaints and articles unto the which we adhere againe and again as we would eschew the curse of the Almighty God following the breach of his Covenant And yet we doe certainly expect according to the Kings Majesty his accustomed goodnesse and justice that His sacred Majesty after a true information of the justice of our cause and carriage will presently indict these ordinary remedies of a free Assembly and Parliament to our just Supplications complaints and articles which may be expected and useth to be granted from so just and gracious a King towards most loyall and dutifull Subjects calling for redresse of so pressing grievances and praying heartily that His Majesty may long and prosperously reigne over us WHereupon a Noble Earle John Earle of Cassles c. in name of the Noblemen M. Alexander Gibson younger of Dury in name of the Barons James Fletcher Provost of Dundy in name of the Borrowes M. John Ker Minister at Salt-Prestoun in name of the Ministers and Master Archbald Johnston Reader hereof in name of all who adheres to the Confession of Faith and Covenant lately renewed within this Kingdome tooke Instruments in the hands of three Notars present at the said mercat Crosse of Edinburgh being invironed with great numbers of the foresaid Noblemen Barons Gentlemen Borrows Ministers and Commons before many hundred witnesses and craved the extract thereof And in token of their dutifull respect to his Majesty confidence of the equity of their cause and innocencie of their carriage and hope of his Majesties gracious acceptance they offered in all humilitie with submisse reverence a Copy thereof to the Herauld NOw We must appeale to the judgement of the world whether there was any thing in this Our Proclamation which deserved such an undutifull and rebellious Protestation or the seditious clamours which both at their private and publicke meetings especially in their Pulpits were made against it This Protestation needeth no answere for after the first part of it which is nothing but a repetition of that which they have so often said there is nothing but a number of falsities heaped up together as the Reader may easily perceive For whereas they alledge That they have removed the impediment which caused their Covenant to be mistaken as if it had beene an unlawfull combination We suppose that thereby they meane that which they tendered to Our Commissioner and called it by the name of an explication of their Covenant which explication was so farre from giving unto Us any satisfaction that both to Us and all reasonable men it must needs appeare to be a stronger confirmation of their unlawfull combination For whereas they refused to except Us out of the number of those persons against whom their band of mutuall maintenance is intended it plainely demonstrateth that in their intentions We are the person chiefly aimed at In some few lines after this they professe that they never so much as called in question Our resolution to maintaine the Religion professed in that kingdome and Our care for not admitting any Innovations in Religion or any staine of Popish superstition Now We doe appeale even to their owne consciences whether in their private meetings nay even in their publike assemblies and Sermons they have not endevoured to settle in Our good subjects mindes opinions feares and jealousies quite contrarie to these their printed asseverations In the last part they ground their Protestation upon no grounds but such as these That they will continue together because they have obliged themselves by oath so to doe and because they will and are resolved to adhere constantly to what they have done and because they offer to cleare themselves before a generall Assembly and Parliament where they themselves make accompt to be Judges Now these and such like false and weake grounds it is very unnecessarie to confute the rehearsall of them being upon the first view their sufficient conviction After all these they end their Protestation with two very unsavourie conclusions The first is that if We will not allow of their proceedings they themselves will call a Generall Assembly which shall be sure to allow of them A notable piece of hypocrisie and disloyaltie together to be suiters to Us for that which they as they say both may doe and are resolved to doe without Our leave The second is they protest that notwithstanding any thing which We doe or shall say to the contrarie all their proceedings are in themselves most necessarie and orderly meanes agreeable to the Laws and practise of that Church and Kingdome to be commended as reall duties of faithfull Christians loyall subjects and sensible members of the body of that Church and Kingdome and no way to be styled or accounted great disorders misdemeanours blinde disobedience under pretext of Religion and running headlong into ruine All which words are multiplied onely to make up a verie unmannerly contradiction to the verie words of Our Proclamation Our Commissioner seeing not that he was not able to give but that they were resolute not to receive any satisfaction by what was offered and that the most that they could be brought to was that which they called an explication of their Covenant but indeed was none for they would never yeeld that these words whereby in their Covenant they bound themselves in a mutuall defence against all persons whatsoever should admit this interpretation Except the King He told them plainly that since his Instructions were out he could proceed no further with them without new conference with and Instructions from Us and therefore he resolved a speedie journey to Us to informe Us of what had passed and make Us acquainted with that explication of their Covenant which they had given him though as it had given no satisfaction to himselfe so he was sure it would give none to Us In the meane time he entreated them to behave themselves more quietly and peaceably then they had done untill Our pleasure were further knowne That pretended explication of their Covenant was conceived by way of Petition and was this To His Majesties Commissioner The supplication of the Noblemen Barons Burgesses Ministers and Commons here attending His Majesties gracious answer of our former petitions complaints and desires Humbly shewing THat whereas we expecting from your Grace as His Majesties Commissioner a gracious answer of our former supplications complaints and just desires have presented to your Grace a petition humbly craving a free generall Assembly and Parliament as the ordinarie remedy of our grievances and the onely meane to put this Kirk and Kingdome to quietnesse It pleased your Grace to shew that His Majestie from His princely care of this Kirk and Kingdome
him by Us they he was enforced to call the Lords of Our Councell divers others of Our Nobilitie and some of the Lords Covenanters themselves to give testimonie of his frequent asseverations in their hearing that as he himselfe was no way satisfied with that explication so he was assured that We neither would nor could receive any satisfaction by it only that he would present it to Us at their entreatie And besides the attestation of so many witnesses he was necessitated both for clearing of himselfe to Us and preventing the further encrease of Covenanters upon that false and groundlesse surmise to print a Manifest and Declaration of his own clearnesse and their calumnie It is true that they printed a weake answer to that Manifest in which they confesse that they never heard him say that he was satisfied with that Declaration but that by some probable reasons which are there expressed and indeed are most improbable ones they were induced to beleeve that he was satisfied with it although that both to their new Proselytes and in the Ministers printed answers they had positively averred that after he had received that explication he was fully satisfied with their Covenant Which dealing of theirs gave occasion for many to thinke that this false aspersion was put upon him by those who ever laboured to strangle all hopes of reconciliation onely to raise in Us a distrustfull jealousie of his service that so he might be called backe and the people made beleeve that no relieving of their grievances was intended by Us. About the same time a great stirre was raised in that Kingdome upon a very slender ground which was this There had been printed at Antwerpe in severall pieces the pictures of the severall stories of the Gospels and Acts of the Apostles after the manner as they are usually printed in the Romish Church some Papists and it may be others had caused these severall pieces to be bound in their Bibles at the severall chapters of those stories to which they did relate they found such a Bible printed at Edinburgh which being printed as all Bibles are by Our priviledge upon a sudden there were made most tragicall complaints that pictures and images were brought into their Bibles by Our authoritie aggravated by the heads of that faction especially the Ministers with the imminent dangers of the present introduction of Poperie Superstition Idolatrie still to make the people averse from all hope of satisfaction so that some did conceive that these pictures might bee bound in that Bible by some of themselves meerly to irritate the people and continue them in their distance from returning to Our obedience but so far with this particular we cannot charge them Now notwithstanding these new and daily emergent combustions and their perpetuall working of the people both in their Pulpits and at their other meetings to new insolencies and greater heights of rage and furie Our Commissioner resolved as well as he could to passe them over and to enter into treatie with them for the preparative overtures of a Generall Assemblie because he did see that all these impediments and blocks were laid purposely in his way that either hee might stumble at them or bee so scared as to go back for it was plainely perceived that whensoever he made any proposition of peace likely to take or please they presently cast about how to dash it with some new violence and accident which should make it impossible as did most evidently appeare in this particular Our Commissioner sent some of Our Councell to conferre with some of the principall Covenanters concerning some necessarie propositions fit to be resolved upon before the indicting of the Assemblie both concerning the members of which it was to bee constituted and concerning the matters to be treated of in it two consultations usually previous to that meeting for the omission whereof in one Assemblie of later times they had so grievously complained that in a Petition exhibited by the Ministers of their side it was alleadged for a nullitie of that Assemblie This message was received with so much choler and contempt that they presently blazed it abroad amongst their followers for a proposition tending utterly to the ruine of the Lawes and liberties both of Church and Kingdome that the hearkning to any such overtures was an absolute prelimitation of that Assemblie which they intended should be free and generall that neither of the members of their Assemblie nor of the matters to bee handled in it they would speak so much as one word untill they came upon the place and were in the Assemblie that then and there the Assemblie it selfe was to be the sole judge both of the competencie of the members elected of the regularitie of their election and of all matters treated of there whether they were of their cognisance and jurisdiction or not and likewise gave out that they did not much care whether Our Commissioner would indict an Assemblie or not they would indeed like it better if it were indicted by Our authoritie but if We requested by them so to do should refuse it they both could and would do it of themselves Then did their Pulpits againe begin to ring with this monstrous proposition as they called it of the utter subversion of the liberties of their Church by the prelimitation of their Assemblie as if this conference propounded by Our Commissioner concerning the orderly proceedings in that meeting had beene such a blow to their Church as they could not feare a greater from Rome it selfe And to make Our Commissioner beleeve that they were in good earnest they had a little before caused the Presbyterie of Peebles to begin with the election for their Commissioners to the Generall Assemblie being a place not above twentie miles distant from Edinburgh so that they were sure it must speedily come to his knowledge To this election all the Gentlemen within the compasse of that Presbyterie resorted intruded themselves by violence and in despite of the Ministers would give their voices to the chusing both of the Ministers and one lay-man to be Commissioners for that Presbyterie at the next Assemblie whensoever and wheresoever it should bee kept when as yet no Assemblie was indicted Our Commissioner weighing well these two things First that the principall Covenanters Noblemen Gentlemen and Ministers as hee had occasion to speak with them severally and upon severall occasions had protested unto him that their meaning never was quite to abolish Episcopall government but onely to have it limited and restricted according to the Lawes of that Church and Kingdome and that they might bee accomptable to and censurable by the Generall Assemblie if they should transgresse these limits adding that they had farre rather live under that government then under the tyrannie of the Presbyeries which they had heard their fathers so much complaine of and had given them charge to beware of the like Protestations they having likewise made to divers of Our Councell
Januarie 28. 1580. and signed by Our Royall Father to bee renewed And to that effect have given Order to Our Commissioner with advice of Our Councell to set downe and settle some solid course whereby the same may be subscribed by Our Councell Judges Magistrates of Burroughes and all other Our people of that Kingdome And for further clearing of Our selfe Wee declare That as We are and ever have beene satisfied in Our judgement and conscience for the reformed Religion now established and against the Roman so Wee purpose by Gods grace both to live and die in the practice thereof and to preserve and maintaine the same in full strength and integritie according to the Lawes of that Our ancient Kingdome What We have thought further fitting to be done at this time concerning the particulars contayned in Our subjects petitions you shall receive Our full pleasure therein from Our Commissioner And that this Our Declaration concerning Our selfe and Our pious intention for settling the Reformed Religion within that Our Kingdome may appeare to posteritie Our pleasure is that these presents be registred in the Books of Councell Oatlands Septem 9. 1638. THis Our Letter being received by Our Councel with all submissive joyfull and thankfull acknowledgment Our Commissioner made them further acquainted with the particulars of Our grace and favour for the appeasing of the troubles of that Our kingdome who upon hearing of the same were filled with excessive joy as making full account that now malice it selfe could not finde the least pretence of keeping Our people from being satisfied all things which ever yet since the beginning of these troubles they had desired being granted unto them But so soone as some of Our Councellours who were not onely Covenanters in their heart but the very heart of their Covenant had made some of the chiefe covenanting Lords acquainted with the unexpected excesse of Our favours towards Our people these Lords making full accompt that their reigne was upon the point of expiration if the people should understand Our grace and favour bestirred themselves with might and main to disperse rumours amongst them That the newes brought home by Our Commissioner importing Our answer did tend to the utter subversion of their Religion and liberties That there was a new Covenant to be set on foot by Us to destroy theirs and that if they now did not resist all they had done was quite undone and lost After which the principall of them came downe first to Our Commissioner and then to Our Councell requesting them or indeed rather requiring them that they would not subscribe the Confession of faith nor require it to be subscribed by others by any authoritie from Us threatning in a manner that if they did they would repent it and that a present rupture would follow Our Commissioner and Councell heard them twice fully but found not the least ground of reason for the delay of the declaration of Our grace and favour towards Our people as seeing it proceeded onely from an earnest desire in these Lords to have it concealed from them and therefore resolved and imparted unto the Lords covenanters their resolution that they would publish it that day being Saturday The Lords covenanters did then seeme to abate something of their requests or rather demands and desired Our Commissioner and Councell to delay the publishing of Our Declaration onely untill the Munday following before which time if they could not shew good reasons for the stopping of it they would be content with the publication thereof Which motion of theirs wanted not seconding from some of Our Councell there present who were indeed the first and chiefest of them But Our Commissioner and Councellours well and wisely foreseeing that this delay was desired first that these Lords Covenanters might have time to pen and prepare a Protestation against this Our gracious Declaration with the contents whereof some of Our Councellors heartie Covenanters had made them acquainted which Protestation could not be provided nor penned in the space of so few houres secondly that the Lords covenanters made no question but that the next day being Sunday their Ministers in all the Pulpits of Edinburgh by their subornation should so conjure up the spirits of Our people against Our gracious Declaration as they should not be easily and readily laid againe Thirdly that they might have time to dispatch messengers Poasts abroad with copies of their Protestation in all Burroughs where Our Declaration was to be published before or as soone as Our Declaration could be sent to those places for these important considerations Our Commissioner and Councell did declare unto these Lords after full hearing of them that considering the invaliditie of their reasons to the contrarie Our gracious Declaration should be published that day at the Crosse of Edinburgh And so accordingly Our Declaration that day was proclaimed as here it followeth CHarles by the grace of God King of Scotland England France and Ireland defender of the faith To Our Lovits Messengers Our Sheriffes in that part conjunctly and severally specially constitute greeting Forsomuch as the cause and occasion of all the distractions which have happened of late both in Church and Common-weale of this Our Kingdome have proceeded from the conceived feares of innovation of Religion and Lawes To free all Our good subjects of the least suspition of any intention in Us to innovate any thing either in Religion or Lawes and to satisfie not onely their desires but even their doubts We have discharged and by these presents do discharge the Service Booke Booke of Canons and High Commission and the practice of them or any of them and by these presents annulls and rescinds all acts of Councell Proclamations and other acts and deeds whatsoever that have been made or published for establishing them or any of them and declares the same to be null and to have no force nor effect in time comming And being informed that the urging of the practice of the five articles of Perth Assembly hath bred great distraction and division in the Church and State We have beene graciously pleased to take the same into Our consideration and for the quiet and peace of Church and State doe not onely dispense with the practice of the saids Articles but also discharge like as by these presents We discharge all and whatsoever persons from urging the practice thereof upon either Laicke or Ecclesiasticall person whatsoever And We do hereby free all Our subjects from all censure and paine whether ecclesiasticall or secular for not urging practising or obeying the same notwithstanding of any thing contained in the acts of Parliament or generall Assembly to the contrary And because it hath beene to the disgrace of government disperst and surmized throughout this Our kingdome that some of Our subjects have exercised such illimited and unwarranted power and have held themselves eximed from censure and punishment to which others Our subjects are lyable We doe by these presents declare that
adjudged to be so in the case of the Ministers who held an Assembly at Aberdene after it was prorogued by Our royall Father who being cited to compeere before the Lords of the Councell to answer that high contempt and compeering declined the authoritie of Our royall Father and his Councell and appealed to a Generall Assembly and were therefore arraigned of high treason upon that Statute before the Lord chiefe Justice of that Kingdome and after pleading to it by their Advocates were found by a Jurie or Assize guilty of high treason and had received sentence accordingly if Our royall Father out of his singular clemencie and gracious respect to their calling had not reprived them before sentence and only inflicted upon them perpetuall banishment which they did undergoe The Act of Parliament upon which they were arraigned was this The eighth Parliament current holden at Edinburgh the 22. of May in the yeere of God 1584. by the right Excellent right High and Mightie Prince James the Sixt by the grace of God King of Scots and three Estates of this Realme An Act confirming the Kings Majesties royall power over all Estates and subjects within this Realme FOrasmuch as some persons being lately called before the Kings Majestie and his secret Councell to answer upon certaine points to have beene inquired of them concerning some treasonable seditious and contumelious speeches uttered by them in Pulpits Schooles and otherwaies to the disdaine and reproach of his Highnesse his Progenitors and present Councell contemptuously declined the judgement of his Highnesse and his said Councell in that behalfe to the evill example of others to doe the like if timely remedy be not provided Therefore our Soveraign Lord and his three Estates assembled in this present Parliament ratifieth and approveth and perpetually confirmeth the Royall power and authority over all Estates aswell spirituall as temporall within this Realme in the person of the Kings Majestie our Soveraign Lord his Heires and Successors And also statuteth and ordaineth that his Highnesse his Heires and Successors by themselves and their Councells are and in time to come shall be judges competent to all persons his Highnesse subjects of what estate degree function or condition soever they be of Spirituall or Temporall in all matters wherein they or any of them shall be apprehended summoned or charged to answer to such things as shall bee inquired of them by our said Soveraigne Lord and his Councell And that none of them which shall happen to be apprehended called or summoned to the effect aforesaid presume to take in hand to decline the judgement of his Highnesse his Heires and Successors or their Councell in the premises under the paine of treason Their sixth Protestation is nothing but a repetition of that which they have said so oft even unto tediousnesse In their seventh and last they bewray an unexempled boldnesse in avowing their confidence of Our approbation to the integritie of their hearts and peaceablenesse of their waies and actions all this time past when in their owne consciences they doe know that We doe hold and detest their waies and actions as most unpeaceable and seditious And now having taken a short survey of this their Protestation We doe appeale to any man who shall compare it with Our Declaration whether Our gracious Proclamation against which they protested did not rather deserve an humble and hearty acknowledgement of Our many graces and favours towards them with a joyfull and submissive acceptation of them then first to be traduced to the people before it was made for a Proclamation tending to the utter ruine and subversion of the Religion and Lawes of that Church and Kingdome and then afterward to bee encountred in publique with such an impudent insolent seditious and senslesse Protestation And lastly after all this to be railed at in their Pulpits and Our people made to beleeve that that part of it which required subscription to their owne confession of faith but lately sworne and subscribed unto by themselves was a device of the Devill and hatched in Hell as shall appeare by that which followed For the next day being Sunday all the Pulpits of Edinburgh nay and many places where there were no Pulpits for they heard Sermons in many Halls and other profane and common places did ring with bitter invectives and declamations against this Our gracious Declaration especially against that part of it which they conceived would be most satisfactorie to Our people and prove a speciall Antidote for expelling that poyson which they had made them swallow concerning Our declining from the Reformed Religion and inclining to Poperie viz. the subscription to their own confession of faith now commanded by Us For they branded it so with most hideous and horrible names of the very depth and policie of Sathan that the common people who were well perswaded of the pietie of their Preachers could not chuse but imagine that there was some wickednesse in it which their Preachers could and did dive into though they did not One Preacher in his Sermon prayed God to scatter them in Israel and to divide them in Jacob who were the authors of this scattering and divisive counsell Another Preacher in his Pulpit told his people that the urging of this subscription was an Italian and a devillish device first to make them renounce God and perjure themselves and then afterward there was an intention to destroy their bodies and so that this subscription imported no lesse then the destruction both of their bodies and soules These and many more such false feares suggested first from two of the Preachers of Edinburgh and from them transmitted to their fellows throughout the Kingdome did worke so strongly with Our good but simple and seduced people as that they were wrought unto a perswasion that this subscription to their owne confession of faith commanded by Us for removing that false opinion which their Leaders had put into their heads of Our inclination to Poperie was of a farre deeper reach and of more dangerous consequence then if We had been inclined to Poperie indeed still adding That if they did subscribe it now by Our authoritie it could receive no acceptation at Gods hands God rejecting any service done to him by constraint it being very familiar with them at these times to terme obedience to authoritie constraint but when they subscribed it voluntarily or by the perswasion of their Leaders then it was acceptable to God and if they durst have used such a Popish word no question they would have added Meritorious And thus you see with what undutifulnesse Our gracious Declaration was entertained Yet it was not so received by all For first all the Lords of Our Councell amongst whom were some who never seemed to be satisfied before were so fully satisfied and so much overjoyed with this Our gracious Declaration that they did condemne and utterly detest this odious Protestation of the Covenanters whereupon Our Councels Letter of thankes and proffer of
their owne Covenant The Assembly being indicted the Covenanters did now goe about to effect all which they had plotted and designed concerning the election of the Commissioners to it That all and none but they might be chosen whom they had resolved upon and were of the most rigid ranke whom they were sure would receive no satisfaction and keep all others so farre as in them lay from accepting of any Their device was this They perceived that most of the Ministers throughout the Kingdome would gladly embrace peace if they might see their consciences satisfied in these feares and doubts upon which they entred into the late Covenant The Leaders resolved not to trust any such moderate men considering that all their scruples were removed by Our last Declaration and the indiction of a free generall Assembly and therefore they took order by their secret instructions that none of them should be chosen though they were Covenanters For Ministers non-Covenanters they took order that if in any place by pluralitie of voices such a one should bee chosen then hee should be processed and protested against which no man could avoid and so he should be sure to be set by at the Assembly and cast from having any voice there And whereas they might feare that the rigid Ministers designed by them for this Assembly might want a sufficient number of their fellow-Ministers for their elections in their severall Presbyteries they tooke an order That not onely for this time but for all times to come there should bee no Minister chosen Commissioner from any Presbyterie to any Assembly but such as the Laitie should make choice of For they presently gave order from their Tables That every particular Parish should send to the Presbyterie in their bounds one Lay-man whom they called a Ruling Elder who by their appointment should have voice in the Presbytery as wel as the Minister of the Parish so that when the whole Presbyterie was assembled together the number of the Lay-men was at the least equall to the number of the Ministers By which new device the Laitie gained of the Ministers undoubtedly these foure things First That never any Minister should bee chosen Commissioner to the Assembly but whom they would for they being equall in number in voices with the Ministers and sixe of the Ministers being to be put in the List and to stand in election out of which sixe three must be chosen and all these sixe must be removed in the time of the election and have no voices themselves in it it is clear that the number of the Lay voices in these elections must needs exceed the number of the Ministers voices at least by sixe Or if in some Presbyteries as We heare was done in some few these sixe Ministers before their removing gave voices to whom they pleased yet no man being able to give a voice to himselfe of necessitie the number of the Lay voices must exceed the number of the Ministers by one Secondly the Laitie gained this That in all other Presbyteriall meetings which are weekly the Ministers should never have a casting voice to determine any thing but what they liked the Lay-men being alwaies at the least equal to them in number Thirdly this they gained That whatsoever should be concluded in a generall Assembly should ever be concluded likewise in a Parliament if Our negative voice did not stop it and Wee heare that they have not spared to give out that they will take from Us and Our Successors that which all Our Predecessours have enjoyed that is a negative voice in Parliament as they have done in Assemblies for as much as lies in them For by their instructions they ordered That where any Nobleman lived in any Presbyterie hee should bee chosen lay-Elder there for the Assembly and all Noblemen are hereditarie members of the Parliament and where there wanted a Nobleman they should chuse some speciall Gentleman who in all probabilitie standeth faire for being chosen one of the Commissioners of the Shire for the Parliament which made the Covenanters stand so importunately for that point viz. to have the Assembly held before the Parliament as making just accompt that all the lay voices in the Assembly were engaged to give their voices to the same conclusions when they should sit in Parliament and so that the Parliament for it Acts should depend upon the generall Assembly and the generall Assembly for the Acts passed there should depend upon them but neither the one nor the other depend upon Us. Fourthly the Laitie gained this That they exempted themselves for ever hereafter from all fears of the power of the Clergie for they being resolved so farre as in them lay to overthrow Episcopall government and yet fearing by so doing to be brought againe under the tyrannie of Presbyteriall government of which they had heard their fathers so grievously complaine they pitched upon this way of equall number of lay-Elders in every Presbyterie being assured thereby to curb their Ministers most of whom had their stipends and rents paid by these lay-Patrons and so now the Laitie made accompt that if in their elections to this Assembly they could compasse these conclusions and resolutions they had brought the Church and Churchmen under for ever These conclusions though effected by the Laitie with violence yet received great resistance by many Ministers in most Presbyteries and in some by all For when these Lay Elders came to sit with them they either refused to admit them or desired time to deliberate how they who being Covenanters and had complained of Innovations could admit of such innovations as those which seemed to threaten the ruine of the Libertie of the Church for these Reasons First because that above these fortie yeares no Lay Elder had sat in their Presbyteries and therefore it was a great Innovation Secondly because at the beginning of the Reformation when there was a kinde of necessitie to require the assistance of Lay-men for the government of the Church Ministers being then so few and scant yet it was provided that they should ever be fewer in number then the Ministers and that therefore this obtruding of themselves in equall number was not onely an Innovation but directly against the book of discipline upon which they did so much ground their proceedings Thirdly that it was a thing never â—eard nor practised before in that Church that Lay-men had voices in the chusing of the Ministers Commissioners for the Assemblie and therefore if they would chuse they desired them to chuse their own Lay Commissioner but for the Ministers Commissoners to leave it to themselves who were better able to discerne of their Ministers abilities since they were weekly conversant with them then they whom they had never seene in their Presbyterie before But all this opposition and arguing was fruitlesse For the Lay Elders according to their secret instructions from the Covenanters Tables which afterward shall be related would not remove but put themselves in possession
they went away unsatisfied The Covenanters finding that Our commanding of the subscription of the confession of faith in many places had given satisfaction and had indeed confuted that lying scandall of Our inclination to Poperie and that many of the Covenanters had remitted much of their former rigour being much taken with Our last gracious Proclamation the Heads and swayers of the foure Tables as if all their designes were come to the last cast cast about once againe and laboured hard to worke Our people into the beliefe of this one point That none of these things promised in Our last gracious Proclamation no not the Assembly it selfe were ever intended to bee performed by Us That Wee onely studied to gaine time untill Wee were ready for their ruine and therefore they gave out that Our Commissioners late comming from Hammilton to Edinburgh was onely to prorogue the Assembly They spent daies and nights in penning a Protestation against it and writing multitudes of copies to be readie in all places of the Kingdome before the Proclamations of the prorogation should arrive They sent for all their partie to flocke to Edinburgh as if now there were greater danger then ever All which was carried with notable hypocrisie for the authors of this report did disperse it not that they did beleeve it to be true but because it was conduceable to their ends to have the people beleeve it But knowing that they who do act long parts must needs sometimes be out and that the time of the Assembly beginning to approach and Our Commissioners provisions and preparations for his journey to Glasgow were farre stronger proofes to Our people of Our holding the Assembly then all which they had surmised to the contrarie they then betooke themselves to their last shift which was a miserable and wicked one and it was this Since they were perswaded that the Assembly indicted by Us would now hold if they could not divert it they resolved to take such courses as they conceived Our Commissioner neither could nor would endure with which they did conceive they should so irritate him that he could not chuse but either discharge or prorogue the Assembly For two things now they feared First that they had committed a great errour in petitioning Us for an Assembly which they conceived was fully in their owne power to indict and therefore did begin to thinke that by that act they had weakned their owne power and claime and supposed that it had been more agreeable to their designes if they had indicted one themselves being the title which they meant to stand to as appeareth by their owne indiction of a new Assembly since the dissolution of this Secondly they were affraid of nothing more then this that Our Commissioners propounding and passing into acts of Assembly all the particulars of Our grace and favour contained in Our last Proclamation would abundantly satisfie the greatest part of their owne partie when they should see the grounds of their feares of innovations in Religion removed which occasioned them to enter into the late Covenant But now if Our Commissioner could be forced any way either to prorogue or discharge this Assembly indicted by Us that then they would presently indict one themselves which they were sure We would not countenance with any Commissioner from Us by which meanes they were both secured from having their partie weakned by Our propounding in Assembly Our gracious offers expressed in Our last Declaration and were certainly perswaded that they should easily induce Our people to beleeve that these things promised in that Declaration were never intended by Us. To compasse therefore their desires of Our Commissioners either proroguing or discharging the Assembly they resolved to increase their disorders to such a height as they hoped hee would never endure them and to multiply so many affronts upon him and in him upon Us and Our authoritie as they imagined should be past all sufferance As first by their letters directed from their Tables at Edinburgh they quarrelled with Our Commissioner that Our Confession and Covenant was commanded to bee subscribed in many parts of the Kingdome by the authoritie of Us and Our Councell with an unbeseeming violence The copie of their Letter to Our Commissioner being then at Hammilton here followeth Please your Grace WEe were glad of the indiction of an Assembly as the meane to bring our complaints to an end And as we promised for our part to doe our endevour that all matters might be carried in a peaceable way and no man troubled in any sort till that time so did we certainly expect that no violence or molestation should have beene used against any of those who had subscribed the late Covenant and yet far contrarie to our expectation are brought hither almost every houre grievous complaints from many of the people in divers parts of the Kingdome That they are by the threatnings and open violence of some States-men Councellours and Barons constrained to subscribe a Confession of Faith and Band some with blind and doubting minds and others against their consciences to the great trouble of their soules and great disturbance of the peace of the Country contrarie to such peaceble preparations as should have preceded a perfit pacification at a Generall Assemblie If we had heard but some complaints of this kind we would have spared both your Graces paines and our owne but complaints being multiplied more and more we could not of duty but make some representation thereof to your Grace that some course may be taken for present suppressing this so irreligious and unjust manner of doing and for preventing the hard consequences that may ensue from people who are thus pressed to subscribe against their minds and from others who are joyned in Covenant with them which as it is humbly petitioned so it is confidently expected by Edinb 3. Oct. 1638. Your Graces humble servants Cassills Lothean Lindsay Lowdoune Balmerino Johnstoun Burgly THe complaint contained in this Letter did afterward prove to bee most unjust and yet it was dispersed through the Kingdome with horrible and most false aggravations viz. That some of Our Councell with charged Pistolls and drawne Daggers held to the breasts of Our subjects had forced them to subscribe Our Covenant To this their Letter Our Commissioner returned an answer though not to their Table because hee would not acknowledge it yet to that Nobleman whose hand was first at it The copie of which answer is this My very good Lord I Have received from your Lordsh and other Noblemen a Letter containing a complaint against the violence offered to divers of his Majesties subjects by States-men Councellours and others and that complaint aggravated by your promising and undertaking for your selfe and all your adherents that no man should be troubled till the Generall Assembly and your just expectation that the same course should have beene held on the other side by us For the former I know not what States-men Noblemen or Barons
people in the least point they having ordered that in most places of the Kingdome the day designed by Us for the Fast should not be observed certainly onely because it was commanded by Us as being unwilling that Wee whom they had given out to Our people for an Innovator in Religion and an Introducer of Poperie should be thought by them to have any care of so religious an exercise as a solemne Fast And how that in Edinburgh though the Magistrates by their earnest intreatie had procured the observation of it yet they could not obtaine it without putting a speciall affront upon authoritie by displacing of those Ministers who had continued in loyaltie and obedience to Us. But these were nothing to their other violences whereby they would have Our Commissioner take notice that it was impossible their proceedings at the Assemblie should bee pleasing unto Us For not onely in many of their Pulpits did they preach That whosoever subscribed Our Covenant were perjured and villaines but when some affirmed the contrarie and reproved the Preachers for such furious speeches after their Sermon was ended they were cited before their Presbyteries for so doing and threatned with excommunication Nay more then so there were few Ministers of the Kingdome not subscribers of their Covenant whom they did not presently processe and cite before their severall Presbyteries and notwithstanding their Appeales to the Generall Assemblie then approaching yet they would not shew so much patience but proceeded to present most illegall and unwarrantable suspending of them and other censures as best pleased them which being complained of to Our Commissioner and Councell could finde no redresse although they sent many times to the Covenanters requiring them to forbeare all such unjust proceedings and to referre the triall of these oppressed Ministers causes to the Generall Assemblie which was now at hand None were so insolent as the Presbyterie of Edinburgh for they presently put verie many of their Ministers under processe They begun with one Master David Michell Minister of Edinburgh Our Commissioner wrote earnestly to that Presbyterie to forbeare proceeding against him untill the Assemblie to the which hee had appealed and where his cause might have a full and faire triall which they not only most unjustly rejected but were so unmannerly as they did not vouchsafe to answer his Letter either by message or otherwise The next Presbyterie day he wrote to them againe to the same purpose but with the like successe for they proceeded without taking notice of his Letter or returning any answer to it although in that second Letter he had desired them either to delay their proceedings that day or else to send one or more of their number to him being then hard by at Our Palace at Holy-rood-house who might shew him some reason why they could not stay so long as untill the Assemblie which was now so neere approaching Our Commissioner wondring at this contempt by the advice of some of the principall Lords of Our Councell sent for an Officer of Our Councell and directed him to them with an ordinarie warrant drawne up in an ordinarie forme by the Clerk of Our Councell requiring them in Our name under paine of Our high displeasure and as they would answer the contrarie at their utmost perill to desist from any further proceeding in that cause untill the Generall Assemblie to which the Defendant had appealed and which was to begin within foureteene dayes This warrant was delivered unto them by the Officer of Our Councell in whose audience it was read and when hee required an answer to it hee received none but in highest contempt of Our Crowne Dignitie and Royall commandement and against all rules of Justice the Appellants appeale to the superiour Court of a Generall Assemblie legally depending for doctrines preached by him foure yeare since at least and the witnesses being all Lay-men who besides their no extraordinarie memorie for such a time as was laid were men of such meane and ordinary understanding as that it was improbable if not impossible that they should understand the doctrines wherewith he was charged and some of them being uncontroverted and such as are generally received by all Protestant Churches in the world they presently suspended him and discharged him from the place of his Ministerie and afterward to make their contempt the greater sent downe three of their number to tell Our Commissioner that they had done so who offered to shew him reasons for their so doing But Our Commissioner told them That since they were not pleased to shew him their reasons before their sentence as he required hee would not heare their reasons after their sentence as they desired But to let passe this and many more their such unjust proceedings against those Ministers which continued in Our obedience in all places of the Kingdome even when the Assemblie was readie to begin notwithstanding these Ministers legall appeales thereunto We shall desire the Reader to observe their proceedings in one processe which We are confident was framed and pursued with such malice injustice falshood and scandall not onely to the reformed Religion in particular but to the Christian Religion in generall as it cannot be paralleled by any president of injustice in precedent ages nor We hope shall ever be followed in future and which if it were known amongst Turks Pagans or Infidels would make them abhorre the Christian Religion if they did think it would either countenance or could consist with such abominable impietie and injustice It is their processe against all and everie one of the Archbishops and Bishops of that Kingdome The Covenanters did indeed first desire Our Commissioner in his owne name and as hee was Our Commissioner to grant out processe against the Archbishops and Bishops and thereby to cyte them to appeare as rei or guiltie persons To whom he returned this faire answer That he did not hold it fit to cyte them as guiltie of whose guiltinesse hee had no presumptions and besides that he would be loath to do an act which should void according to their grounds both the Prelats places and voices in the Assemblie they having laid it downe for a rule though it were a false one that parties cyted can have no suffrage there yet if either by the Law or practice of that Kingdome the Kings Commissioner or Commissioners did use to grant out any such processe hee would not refuse it being resolved to concurre with them in any course of Justice but he hoped that they would not make Us his master or himselfe do any act prejudiciall to the Bishops their place and government before they were heard and that in the meane time for their satisfaction he would advise with some of Our Judges and Our Advocate whether any such processe was awardable or had usually beene awarded by Our Royall Fathers Commissioners to the Generall Assemblie and according to their advice hee would doe that which should bee agreeable to Justice From this answer of
his foresaid Colleagues respectivè have taught erroneous and corrupt doctrine themselves and by their pretended power have preferred to the Ministerie men who have taught erroneous doctrine against the Confession of Faith and Acts of Parliament quoted in our Covenant and they cherish and maintaine them who teach Arminianisme and Popery as conditionall Election Free will resistibilitie of effectuall Grace The universality of Christs death The merit of it in Heaven and in hell a finall apostacie of the Saints The locall descent of Christ into hell That Christ came into the world clauso Virginis utero auricular Confession and Papall absolution That the Pope is not Antichrist That the Church of Rome is a true Church That reconciliation with Rome is a thing easie That the Church of Rome erres not in fundamentals and that she differs not in fundamentals from the reformed Churches They call in question the imputation of Christs righteousnesse and they affirme the formall cause of justifying faith to consist in our inherent righteousnesse They affirme that there is a locall and circumscriptive presence of Christ in the Sacrament and they change the Sacrament into a Sacrifice and the Table into an Altar the Ministers into Priests There are other damnable and hereticall points of Doctrine which they maintaine of which we shall give particular information in our particular accusation of each one of them respectivè with the proofes thereof when we shall be required Whereas by the Acts of the Church no oaths or subscriptions should be required from those who enter into the Ministerie but to the Confession of faith and to the book of Policy yet the said Master David Lindsey with his foresaid Colleagues respectivè without a warrant from the Church or Parliament doe exact diverse oathes and subscriptions from them who enter into the Ministerie namely That they should both in publick and private prayers commend the Prelats to Gods mercifull protection That they should be subject to the orders which were now in the Church or by the consent of the Church that is by their consent as they affirme should be established as to the Service Book and to the Book of Canons The heavinesse of this grievance made the most part of his Majesties subjects to complaine in these Articles that worthy men which have testimonies of their learning from Universities and are tryed by Presbyteries to be fit for the worke of the Ministerie and for their gifts and lives were much desired by the people yet these men are kept out because they could not be perswaded to subscribe and swear unto such unlawfull oaths which have no warrant from the Acts of the Church nor the laws of the Kingdome and they were Articles and oaths conceived according to their pleasure and men of little worth and ready to sweare were for by-respects thrust upon the people and admitted to the most eminent places of the Church and of the Schools in Divinity which breeds continuall complaints and moves the people to run from their owne parish Churches refusing to receive the Sacrament from the hands of Ministers set over them against their hearts which makes them not to render unto them that honour which is due from the people to their Pastours and it is a mighty hinderance to the Gospel to the soules of the people and to the peace of this Church and Kingdome Whereas in the Assembly holden at Edinburgh in March ann 1578. it was declared that it was neither agreeable to the word of God nor to the practice of the Primitive Church that the Administration of the Word and Sacraments and the ministration of civill and criminall justice should be confounded that one person could supply both the charges but that a Minister should not be both a Minister and a Senator in the Colledge of justice And in the Assembly holden in October An. 1578. it was reckoned amongst the corruptions of the State of Bishops which they were charged to forgoe that they should usurp a criminall jurisdiction that they should not claime unto themselves the titles of Lords that they should onely be called by their owne names or brethren yet the said Master David Lindsey with his foresaid Colleagues respectivè have assumed to themselves the titles and honours of Lords they did sit as Senators in the Colledge of justice as Councellors in the Privie Councell as Auditors in the Exchequer and have enjoyed prime Offices of State The pretended Bishops have usurped the place and precedencie before all Temporall Lords the pretended Archbishops before all the Noble Earles of the land and the pretended Primate before the prime Officers of State in the land Whereas by the Word of God and Acts of the Assembly namely Anno 1576. 1577. and 1578. no man should be suffered to be a Minister unlesse hee be tied to a particular flocke and congregation and not to be tied to a particular flocke it is condemned as a corruption of the state of Bishops which they were charged to forgoe yet the said Master David Lindsey with his Colleagues respectivè foresaid are Ministers and will not be tied to particular flockes Whereas the office of a Bishop as it is now used within this Realm was condemned by the booke of policie and by the Act of the Assembly holden at Dundee Anno 1580. whereof these are the words Forasmuch as the office of a Bishop as it is now used and commonly taken within this Realme hath no sure warrant from authoritie nor good ground out of the Scriptures but it is brought in by the folly and corruptions of the inventions of men to the great hurt of the Church The whole Assembly of this Church with one voice after liberty given to all men to reason in the said matter no man opposing himself to maintain the said pretended office doe find and declare the said pretended office used and termed as is abovesaid unlawfull in it selfe as having neither ground nor warrant within the Word of God and we doe ordaine that all such persons which doe or shall hereafter enjoy the said office shall be charged simply to dismisse quit and leave the same as an office unto which they were not called by God and that they shall leave off all preaching ministration of the Sacraments or other offices of Pastors untill such time as they receive admission de novo from the generall Assembly under the paine of excommunication to be used against them and if they be found disobedient to contradict this Act in the least point after due admonition the sentence of excommunication shall be executed against them And for the better execution of the said Act it is ordained that a Synodall Assemblie shall be holden in everie Province in which usurping Bishops are 18. August next to come in which they shall be cyted and summoned by the Visitors of the said Countries to compeere before their Synodall Assemblies as namely The Archbishop of S. Andrewes to compeere at Saint Andrewes The Bishop of Aberdene in
John Smith or any other he pleaseth here that we may know his care and account of his undertaking You will pardon me for this trouble I put you to being for friends that will be verie sensible of it whereof none are more obliged and lesse able to acquite all your favours then Edinb Novemb. 8. 1638. Your loving Cousin to dispose of Balmerino I could wish our owne friends were as well bestowed neere one another as can be and if I cannot come there the next weeke I will send a servant BY these lines you may easily perceive both the insolent contempts used by these men towards Our Councel and the resolution which they had to keep the Assembly or to remove it at their pleasures But after they were once perswaded that Our Commissioner was resolved to hold the Assembly at the time and place appointed by Our Proclamation the time of it approaching they sent out from their Tables a second paper of publique instructions throughout all the parts of the Kingdome which were these THat all Noblemen subscribers of the Covenant except the Noblemen of the West who shall be ready upon advertisment meet at Edinburgh the 12. of November and stay there till they goe to Glasgow where they shall all meet on Saturday the 17. of November at the furthest That the full number of these who are appointed Commissioners by the severall shires to attend this common cause with foure Gentlemen within the bounds of every Presbyterie at the least out of the number of their Assessors without excluding any voluntaries That they come to Glasgow the 17. day of November to attend constantly the Assembly and give their advice in the common cause to the ruling Elders Commissioners to the Assembly out of these Shires and Presbyteries That the Burrowes appoint according to their quality and number two foure or six of most judicious men to come to Glasgow the 17. of November and there constantly to attend the Assembly and give their advice to their Commissioner in this common cause That the Fast be observed the fourth day of November universally with any other dayes they may conveniently and if any be repairing to the Assembly that they keepe the Fast where they shall bee for the time That now especially seeing ruling Elders from particular Congregations are received in Presbyteries that particular Congregations take such course that no Minister Commissioner be forced to be absent from the Assembly for want of necessarie charges That where any hath beene deceived or compelled to subscribe this new Covenant that the Ministers take their Declarations in writing or by act in the bookes of Session or before one witnesse that they were forced deceived or mistaken And that every Minister make known and intimate publikely to the people the printed protestation contayning the reasons against this new subscription and where the Minister refuseth that some well affected Gentleman doe it IN the first of these there is a meeting appointed of all the Commissioners first at Edinburgh then at Glasgow which was no doubt to agree upon the conclusions to bee made in the Assembly before the Assembly should assemble In the second and third you see a course taken That both from Presbyteries and Burrowes the severall Commissioners shall have numbers of Assistants without whose advice the Commissioners were to conclude nothing a thing never heard of before at any Assembly of that Church and by which multitude they meant to terrifie all those who in Glasgow should offer to oppose or speake against them In the fourth to the high contempt of Our Authoritie and Proclamation they appoint another day for the publique Fast then was by Us designed In the sixth they order that all these who had subscribed Our Covenant and Confession should bee presented as publique offenders These new instructions especially that Article which appointed so great troupes to repaire to Glasgow all which as Our Commissioner was informed meant to goe thither with Armes and in hostile equipage which is most severely prohibited by the Lawes of that Our Kingdome moved Our Commissioner and Councell by publique Proclamation at the Crosse of Edinburgh severely to interdict any Commissioner for the Assembly at Glasgow to travell thither or to continue there with more attendance then those of their owne family and ordinarie retinue and that they should carrie with them no other Armes but such as were allowed by the Lawes of that Kingdome under the paines and penalties contained in the said Lawes This Proclamation they onely answered with a Protestation yeelding no obedience to it for they travelled to Glasgow in great troupes carrying with them prohibited and warlike Armes It is easie now to be conceived that Our Commissioner could expect no good from this Assembly the preparations whereunto were so full of rebellion and tumult and the precedent elections of the members whereof had induced many legall unavoidable and undeniable nullities of it yet because Our people should clearely see the realitie of Our royall intentions and the Covenanters partie might understand how they had beene abused by the reports which their leaders had dispersed That We meant nothing lesse then to keepe this Assembly and principally that in that Assembly We might fully make good to all Our subjects whatsoever We had promised in Our last gracious declaration the heads of the Covenanters having mainly laboured with them that point viz. that We never meant to performe what therein We had promised Our Commissioner began his journie towards Glasgow and arrived there on the 17. day of November in a quiet and peaceable manner none of his traine carrying with them any prohibited armes There met him at Glasgow all Our Councell by Our direction according to a Letter which We had written unto them requiring them to assist him all the time of his being there with their best concurrence and counsell Our Letter to them here followeth RIght trusty and right wel-beloved Cousin and Councellour Right trusty and right wel-beloved Cousins and Councellours We greet you well As by your Letter Wee find how well you are satisfied with Our gracious pleasure expressed in Our late Proclamation and Declaration so We doe expect the continuance of your care by your best indevours to bring all Our good people to a true sense of Our Royall intentions and reall care of preferring and advancing the good and peace of that Church and Kingdome which hath alwayes been and still is one of Our chiefest cares We give you hearty thanks for your affection and paines in this service and doe approve of your course in subscribing of the Confession and band and order taken by you for publishing and requiring the like due and thankfull acceptance of Our gracious pleasure by all Our good subjects And seeing the time of the Assembly doth now approach We require you to attend diligently upon Our Commissioner untill the time appointed for the downe sitting of the said Assembly and further to the finall ending thereof
of attestation called God to witnesse to it It had like to have growne to a hot contestation but that that night the Assembly was dismissed The next day upon their first sitting down they urged presently the choice of a Moderatour but Our Commissioner desired first Our Letter to the Assembly to be read which was done and it was thus ALthough Wee be not ignorant that the best of Our actions have beene mistaken by many of Our subjects in that Our ancient Kingdome as if Wee had intended innovation in Religion or Lawes yet considering nothing to be more incumbent to the duty of a Christian King then the advancement of Gods glory and the true Religion forgetting what is past We have seriously taken to Our Princely consideration such particulars as may settle and establish the truth of Religion in that Our ancient Kingdome and also to satisfie all Our good people of the reality of Our intentions herein having indicted a free Generall Assembly to be kept at Glasgow the 21. of this instant Wee have likewise appointed Our Commissioner to attend the same from whom you are to expect Our pleasure in every thing and to whom Wee require you to give that true and due respect and obedience as if Wee were personally present Our selves And in full assurance of Our consent to what he shall in Our name promise We have signed these and wills the same for a testimonie to posterity to bee registred in the Bookes of the Assembly At White-Hall the 29. of October 1638. THen they called againe for the choice of a Moderator at which time one Doctor Hammilton presented to Our Commissioner a Declinator and Protestation in the name of the Bishops against the Assembly containing the nullities of it with a desire that it might be read and a publique Act entred for the production of it Upon this there arose a very great heat in the Assembly they alledging that nothing could be done untill a Moderator was chosen and they did directly refuse to reade the said Declinator upon which both Our Commissioner entred a Protestation in Our Clerke of Registers hands against the refusall of it and tooke instruments thereupon and so likewise did Doctor Hammilton in the name of the Bishops At last they proceeded to the choice of a Moderator to which before Our Commissioner gave way hee entred as before another Protestation that their Act of chusing should neither prejudice Our Prerogative and Authoritie nor any Law or Custome of that Church and Kingdome nor barre him when he should see cause from taking legall exceptions either against the person elected or the illegalitie of his election And so they having put divers other stales upon the List accordingly as it was resolved upon before at their Tables in Edinburgh without one contrarie voice except his owne who could not chuse himselfe one Master Alexander Henderson the prime and most rigid Covenanter in the Kingdome was chosen Moderator The third day Our Commissioner at their first meeting required againe that the Bishops Declinator and Protestation might be read which hee conceived they had promised after the Moderator should be chosen but they rejected it againe adding then that the Assembly must be fully constituted of all it members and bee once an Assembly before any thing could be presented to it To which it was answered by Our Commissioner That hee required it onely to be read not to be discussed untill the members of the Assembly were constituted by allowing of their severall Commissions because this Declinator contained reasons why either all or at least some elected should not be admitted Commissioners in the Assembly because of the nullities of the elections expressed in the Declinator which reasons containing the said nullities might perswade as they hoped with them for the rejecting their Commissions which could not bee done after their approving and allowing of them and so by vertue of these Commissions admitting them for constituted members of the Assembly The reason why Our Commissioner did so earnestly urge the reading of that Declinator was because he did fore-see the fallacie which they meant to use viz. The Declinator cannot be read before the Assembly bee constituted and they fearing that the Declinator contained reasons against the constitution of it by such members as were elected and that after they were once admitted it was too late to alledge any reasons for then they were sure to answer that all elections were discussed and the members of the Assembly received and therefore nothing then to bee heard against either which indeed afterward was their very answer There was nothing left here to Our Commissioner but entring a Protestation as formerly and solemnly calling themselves to witnesse whether with any shew of justice the reading of the Bishops Protestation could bee denied before the elections were admitted the principall aime of it being to shew reasons why they could not be admitted wondering with what colour or face they above all men could doe it who had read and published so many Protestations both against Our Proclamations and Acts of Our Councell and so how they could denie to Our Commissioner a thing required in Our name and by Our authoritie which they themselves had practised without any warrantie or authoritie at all But all in vaine for not the least resolution taken at Edinburgh must suffer any abatement and therefore rejecting the reading of the Declinator they first put by the Clerke of the Assembly his sonne who by reason of his fathers sicknesse had a lawfull deputation from him and whom as it seemeth they afterward wrought to a demission and went on to the election of a new Clerke whom without one contrarie voice they did chuse viz. one Master Archibald Johnston an Advocate the Clerke of their Tables at Edinburgh against whose election Our Commissioner likewise protested as formerly At his admission hee made a short speech declaring against his conscience his unwillingnesse to accept that charge but yet affirming that at this time hee would not bee wanting to contribute his part towards the defence of the prerogative of the Sonne of God as if that now had been in any danger The fourth day they begun the reading of the severall Commissions Our Commissioner as formerly entred a Protestation to take exception against their elections in his owne due time onely hee was content they should goe on that he might see their justice in allowing or disallowing the elections of which he knew many to be very untoward and made with violence Now the Reader is carefully to observe their partialitie in admitting or rejecting elections for wheresoever there was a Non-covenanter chosen of which number there were not above two or three or any moderate Covenanter not designed by them at Edinburgh and chosen according to their secret instructions with which the Reader shall afterward be made acquainted them they either quite rejected or suspended from voice untill some exceptions made against their election should bee discussed
of your Soveraignes gracious promises let this paper which I deliver to the Clerke to be read witnesse it to you all which I am sure you cannot chuse but receive with all thankfulnesse and dutifull acknowledgement of his Majesties pietie goodnesse and clemencie unlesse all Religion and goodnesse be quite banished out of this Land Here the Clerke publiquely read the paper which followeth THe Kings Majesty being informed that many of his good subjects have apprehended that by the introducing of the Service Booke and Booke of Canons the in-bringing of Poperie and Superstition hath been intended hath been graciously pleased to discharge like as by these he doth discharge the Service Booke and Booke of Canons and the practice of them or either of them And annulleth and rescindeth all Acts of Councell Proclamations and all other Acts and Deeds whatsoever that have been made and published for establishing them or either of them And declareth the same to be null and to have no force nor effect in time comming The Kings Majestie as he conceived for the ease and benefit of his subjects established the high Commission that thereby justice might be ministred and the faults and errours of such persons as are made liable thereto taken order with and punished with the more conveniencie and lesse trouble to the people But finding his gracious intentions therein to be mistaken hath been pleased to discharge like as by these presents he doth discharge the same and all acts and deeds whatsoever made for establishing thereof And the Kings Majestie being informed that the urging of the five Articles of Perthes Assembly hath bred distraction in the Church and State hath been graciously pleased to take the same to his Royall consideration and for the quiet and peace of this Countrie hath not onely dispensed with the practice of the said Articles but also discharged all and whomsoever persons from urging the practice thereof upon either Laicke or Ecclesiasticall person whatsoever And hath freed all his subjects from all censure and paines whether Ecclesiasticall or Secular for not urging practising or obeying them or any of them notwithstanding of any thing contained in the Acts of Parliament or generall Assembly to the contrary And his Majestie is further contented that the Assembly take the same so far into their consideration as to represent it to the next Parliament there to bee ratified as the Estates shall find fitting And because it hath been pretended that oathes have been administred different from that which is conceived in the Acts of Parliament his Majestie is pleased to declare by Me that no other oath shall be required of any Minister at his entry then that which is set downe in the Act of Parliament And that it may appeare how carefull his Majestie is that no corruption or innovation shall creep into this Church neither yet any scandall vice or fault of any person whatsoever censurable or punishable by the Assembly goe unpunished his Majestie is content to declare by Mee and assure all his good people that generall Assemblies shall be kept so oft as the affaires of this Church shall require And that none of Our good subjects may have cause of grievances against the proceedings of the Prelates his Majestie is content that all and every one of the present Bishops and their Successors shall be answerable and accordingly from time to time censurable according to their merits by the generall Assembly And to give all his Majesties good people full assurance that he never intended to admit any alteration or change in the true Religion professed within this Kingdome and that they may bee truly and fully satisfied of the reality of his intentions and integritie of the same his Majestie hath been pleased to require and command all his good subjects to subscribe the confession of faith and band for maintenance thereof and of his Majesties person and authority formerly signed by Our deare Father in anno 1580. and now likewise requireth all those of this present Assembly to subscribe the same And it is his Majesties will that this be inserted and registred in the Bookes of Assembly as a testimony to posteritie not onely of the sinceritie of his intentions to the said true Religion but also of his resolution to maintaine and defend the same and his subjects in the profession thereof Subscribitur HAMILTOUN AFter the reading whereof Our Commissioner went on and added I have you see subscribed that paper with mine owne hand and to make his Majesties Religion Grace Goodnesse and the Zeale which hee hath to settle the peace of this Church and Kingdome knowne to all succeeding generations I doe require that it bee entred into your ordinarie Bookes of Assembly but with this provision That this my assent to the Act of registring this his Majesties Declaration shall be no approbation of the lawfulness of this Assembly or of any other Act made or to be made in it but that all Protestations made or to be made against this Assembly in all other acts and proceedings thereof shall stand in full force and effect And of the delivery of this paper containing his Majesties gracious offers into the hands of the Clerke of the Assembly and of my requiring it to be registred in the Bookes of the same as also of my Protestation against the lawfulnesse of this Assembly in all other Acts I take publique instruments in the hands of the Clerke of Our Soveraigne Lord his Register and require him to make an act thereof Which being done the Moderatour in a short speech acknowledged Our speciall goodnesse in granting the particulars contained in the paper promising it should be registred in the bookes of assembly and desired to goe on with the businesse of the assembly But Our Commissioner told them hee must goe on with them no more for now the sad part was behind viz. That since they had brought Lay-Elders to give voices in this assembly a thing not practised before or at least dis-used so long that no man present had seen it the Ministers sitting here as Commissioners were chosen by Lay-Elders a thing never heard of before in this Church all the persons having voices here were before the elections designed by the Tables at Edinburgh all others by their expresse directions barred these few Commissioners sent hither but not chosen according to their designation were by their cavills made for that purpose set aside and not admitted to have voices the Bishops cyted hither were to bee judged by the very same persons who had pre-judged and condemned them at their Tables hee attested heaven and earth whether this could bee imagined to be any way a free Assembly and therefore called God to witnesse that they themselves were the cause and the only cause why this Assembly could not have that happy issue which We heartily wished and why the Bishops could receive no censure from them in regard of these their sinister proceedings for how could any man expect justice
constitution of the Assemblie in all the members thereof and seven dayes sitting were by this act to offend God contemne the Subjects petitions deceive many of their conceived hopes of redresse of the calamities of the Church and Kingdome multiply the combustions of this Church and make every man despair hereafter ever to see Religion established Innovations removed the Subjects complaint respected or the offenders punished with consent of authority and so by casting the Church loose and desolate would abandon both to ruine 7. It is most necessary to continue this Assembly for preveening the prejudices which may ensue upon the pretence of two Covenants whereas indeed there is but one That first subscribed in 1580 and 1590 being a Nationall covenant and oath to God which is lately renewed by Vs with that necessary explanation which the corruptions introduced since that time contrary to the same inforced which is also acknowledged by the Act of councell in September last declaring the same to be subscribed as it was meaned the time of the first subscription And therefore for removing that shame and all prejudices which may follow upon the show of two different covenants confessions of Faith in one Nation The Assemblie cannot dissolve before it trie find and determine that both these covenants are but one and the self same covenant The latter renewed by us agreeing to the true genuine sense and meaning of the first as it was subscribed in Anno 1580. For these and many other reasons We the Members of this assemblie in our owne name and in the name of the Kirk of Scotland whom We represent and We Noblemen Barons Gentlemen Ministers Burgesses and Commons before mentioned doe solemnly declare in the presence of the everliving God and before all men And protest 1. That our thoughts are not guilty of any thing which is not incumbent to us as good Christians towards God and loyall Subjects towards our sacred Soveraigne 2. That all the Protestations generall or particular proponed or to be proponed by the commissioner his Grace or the Prelates and their adherents may be presently discussed before this generall Assemblie being the highest Ecclesiasticall judicatorie of this kingdome and that his Grace depart not till the same be done 3. That the Lord commissioner depart not till this Assemblie doe fully settle the solide peace of this church cognoscing and examining the corruptions introduced upon the doctrine and discipline thereof and for attaining hereof and removing all just exceptions which may be taken at our proceedings we attest GOD the searcher of all hearts that our intentions and whole proceedings in this present assemblie have beene are and shall be according to the word of GOD the lawes and constitutions of this church the confession of faith our nationall oath and that measure of light which GOD the father of light shall grant us and that in the sincerity of our hearts without any preoccupation or passion 4. That if the Commissioner his Grace depart and leave this church and kingdome in this present disorder and discharge this assemblie that it is both lawfull and necessarie for Vs to sit still and continue in keeping this present Assemblie indicted by His Majestie till we have tryed judged censured all the bygone evils and the introductors and provided a solide course for continuing Gods truth in this land with purity and liberty according to his Word our oath and Confession of Faith and the lawfull constitutions of this Church and that with the grace of God We and every one of Vs adhering hereunto shall sit still and continue in this Assemblie till after the finall setling and conclusion of all matters it be dissolved by common consent of all the members thereof 5. That this Assemblie is and should be esteemed and obeyed as a most lawfull full and free generall Assembly of this Kingdome And that all acts sentences constitutions censures and proceedings of this Assemblie are in the selfe and should be reputed obeyed and observed by all the subjects of this Kingdome and members of this Church as the actions sentences constitutions censures and proceedings of a full and free generall Assembly of this Church of Scotland and to have all ready execution under the Ecclesiasticall paines contained or to bee contained therein and conforme thereto in all points 6. That whatsoever inconvenience fall out by impeding molesting or staying the free meeting sitting reasoning or concluding of this present Assembly in matters belonging to their judicatorie by the word of God lawes and practice of this Church and the Confession of Faith or in the observing and obeying the acts ordinances and conclusions thereof or execution to follow thereupon That the same be not imputed unto us or any of us who most ardently desired the concurrence of his Majesties Commissioner to this lawfull Assembly But upon the contrary that the Prelats and their adherents who have protested and declined this present Assemblie in conscience of their owne guiltinesse not daring to abide any legall tryall and by their mis-information have moved the Commissioner his Grace to depart and discharge this Assemblie be esteemed repute and holden the disturbers of the peace and overthrowers of the liberties of the Church and guiltie of all the evils which shall follow hereupon and condignely censured according to the greatnesse of their fault and Acts of the Church and Realme And to this end wee againe and again doe by these presents cite and summon them and everie one of them to compeere before this present generall Assembly to answer to the premises and to give in their reasons defences and answers against the complaints given in or to bee given in against them and to heare probation led and sentence pronounced against them and conforme to our former cytations and according to Justice with certification as effeirs Like as by these presents we summon and cyte all those of his Majesties Councell or any other who have procured consented subscribed or ratified this present Proclamation to be responsable to his Majesty and three Estates of Parliament for their counsell given in this matter so highly importing his Majestie and the whole Realme conforme to the 12. Act. King James 4. Parliament 2. And protest for remedy of law against them and every one of them 7. And lastly wee protest that as we adhere to the former protestations all and every one of them made in the name of the Noblemen Barons Gentlemen Ministers Burghes and Commons So seeing wee are surprised by the Commissioner his Graces sudden departing farre contrary to his Majesties indiction and our expectation we may extend this our protestation and adde more reasons thereunto in greater length and number whereby wee may fully cleare before God and man the equitie of our intentions and lawfulnesse of our proceedings And upon the whole premises the foresaid persons for themselves and in name aforesaid asked Instruments This was done in the high Church of Glasgow in publike
them containing prelimitations and such as are repugnant not onely to that which they called the freedome but to that which is indeed the freedome of an Assembly Two of these papers were such as they were content should be communicated to all their associates viz. that larger paper sent abroad to all Presbyteries before or about the time of Our indiction of the Assembly and that lesser paper for their meeting first at Edinburgh then at Glasgow some few daies before the Assembly and for chusing of assessors These two papers Our Commissioner delivered not into the assembly because they did publiquely avow them But their other two papers of secret instructions were directed not from the Table publiquely but under-hand from such as were the prime Leaders of the rest The one of them was delivered or sent onely to one Minister of every Presbyterie whom they trusted most and was onely to be communicated to such as hee might be confident of and was quite concealed from the rest of the Ministers although Covenanters The other paper was directed onely to one lay-Elder of every Presbyterie to be communicated as hee should see cause and to be quite concealed from all others These are the two papers which before you heard were delivered by Our Commissioner into the assembly and they did containe directions which being followed as they were did banish all freedome from this assembly as doth appeare before by the reading of the papers themselves The second Some Presbyteries did chuse their Commissioners before the assembly was indicted and therefore those Commissioners could not lawfully have any voice there The third Neither lay-Elder nor Minister chosen Commissioner by lay-Elders could have voice in the assembly because such elections are not warranted by the lawes of that Church and Kingdome nor by the practice and custome of either for even that little which seemeth to make for their lay-Elders is onely to be found in these bookes which they call the bookes of Discipline which were penned by some private men but never confirmed either by Act of Parliament or Act of generall assembly and therefore are of no authoritie And yet in these elections they did transgresse even the rules of these bookes there being more lay-Elders who gave voices at every one of these elections then there were Ministers contrarie to their bookes of Discipline which require that the lay-Elders should alwaies be fewer But say there were an Ecclesiasticall order or law for these lay-Elders yet the interruption of that order for above fortie yeeres maketh so strong a prescription in that Our Kingdome against it as that without a new reviving of that law by some new order from the generall assembly it ought not againe to have been put in practice For if We should put in practice and take the penalties of many dis-used lawes without new intimation of them it would bee thought by Our subjects hard usage The fourth In many Presbyteries these lay-Elders disagreed wholly in their election from chusing those Ministers whom their owne fellow-Ministers did chuse and carried it from them by number of voices although in all reason the Ministers should best know the abilities and fitnesse of their brethren The fifth These men elected as lay-Elders to have voices in this assembly could not be thought able and fit men since they were never Elders before all or most of them being newly chosen some of them were chosen lay-Elders the very day before the election of the Commissioners to the assembly which sheweth plainly they were chosen onely to serve their associates turne The sixth Since the institution of lay-Elders by their own principles is to watch over the manners of that people in that Parish wherein they live how can any man bee chosen a Ruling-Elder from a Presbyterie who is not an inhabitant within any Parish of the precinct of that Presbyterie And yet divers such especially Noblemen were chosen as lay-Elders Commissioners from Presbyteries within the precincts whereof they never were inhabitants against all sense or reason even upon their owne grounds The seventh They can shew neither law nor practice for chusing assessors to the Ruling-Elders without whose consent they were not to give voice to any thing in the assembly The eight The introducing of lay-Elders is a burthen so grievous to the Ministers as that many Presbyteries did protest and supplicate against them and many Presbyteries though they were in a manner forced to yeeld to it then yet did protest against it for the time to come The ninth In the election of Commissioners to this assembly for the most part the fittest men were passed by and few chosen who ever were Commissioners at any assembly before the reason was they conceived that new men would not stand much for their owne libertie in an assembly of the liberties whereof they were utterly ignorant Besides some were chosen who were under the censures of the Church some who were deprived by the Church some who had been expelled out of the Universitie for reading to their Scholars against Monarchicall government some who had been banished out of that Kingdome for their seditious Sermons and behaviour some who for the like offences had been banished out of Ireland some who were then lying under the sentence of excommunication some who then had no ordination or imposition of hands some who had lately been admitted to the Ministerie contrarie to the standing lawes of that Church and Kingdome and all of them were chosen by lay-Elders Now what a scandall were it to the Reformed Churches to allow this to be an assembly which did consist of such members and so irregularly chosen The tenth Divers members of this Assembly even whilst they sate there were Rebels and at Our Horne and so by the lawes of that Our Kingdome uncapable of sitting as Judges in any Judicatorie The eleventh Three oathes were to bee taken by every member of this Assembly the oath to the confession of faith lately renewed by Our commandement the oath of Allegeance the oath of Supremacie any of which three oathes whosoever shall refuse cannot sit as a Judge in any Court of that Kingdome and yet none of all these three oathes were sworne by any member of this Assembly Besides these nullities of this Assembly what indecencie and rudenesse was to be discerned in it not so much as the face of an Ecclesiasticall meeting to bee seen not a gowne worne by any member of it unlesse it were by one or two Ministers who lived in the Towne the appearance in a manner wholly Laicall amongst the members of it were seven Earles ten Lords fortie Gentlemen one and fiftie Burgesses many of them in coloured clothes and swords by their sides all which did give voices not onely in very high points of controversie which We are sure very many of them did not understand but also in the sentences of excommunication pronounced against the Bishops and others Nay and more all things in the Assembly carried by the
could wee have any other intention or meaning being clearely warranted and expresly commanded by his Majesties instructions to exact the said Oath and take order that it should bee sworne throughout the Kingdome in that faire and lawfull sense and none other Neither in this point did we deliver our owne words or his Majesties minde ambiguously or doubtfully so as any other sense to our thinking could bee picked or wrung out of either the one or the other for we do attest the Lords of the Councell whether wee did not to manie or all of them upon severall occasions in conference with them ever since our comming into this Kingdome constantly declare unto them that his Majesties resolution was not to suffer Episcopall government to be abolished Wee attest all the Lords of Session whether before our tendering of that Oath to them or their Lordships taking of it wee did not fully and freely declare to them that his Majesties minde in commanding us to see this Oath taken and our own minde in requiring them to take it was onely to settle and secure the Religion and Faith professed in this Kingdome but was not to bee extended to the abjuring of Episcopall government or any other thing now in force by the Lawes of this Church and State at the time of administring this Oath which their Lordships being the reverend and learned Judges of the Lawes knew well could not bee abjured after which perspicuous predeclaration of our minde their Lordships undoubtedly in that same sense and none other took the said Oath And now good Reader having heard his Majesties minde and intention and in pursuance of them the minde of his Majesties High Commissioner concerning this Oath the reasons to repell the former objection seeme to bee needlesse the knowne minde of the supreme Magistrate who urgeth an Oath being to be taken for the undoubted sense of it yet for as much as that objection hath of late beene mainly urged for alienating the mindes of many of his Majesties good subjects and well affected to that government from adhering unto it be pleased to know that the former objection hath neither shew nor force of reason in it and that by the said Oath and that explanation set down in the Act of Councell Episcopall government neither was nor possibly could bee abjured and that for many reasons but especially these five which we having seen and approved have caused to bee here inserted and leave them to thine impartiall consideration First God forbid it should be imagined that his Majestie should command his subjects to take an Oath which in it selfe is absolutely unlawfull but for a man to sweare against a thing which is established by the Lawes of Church and Kingdome in which he liveth unlesse that thing be repugnant to the Law of God is absolutely unlawfull untill such time as that Kingdome and Church do first repeale these Lawes and therefore Episcopall government not being repugnant to the Law of God nay being consonant unto it as being of Apostolicall institution which shall be demonstrated if any man please to argue it and standding fully established both by Acts of Parliament and Acts of generall Assemblie at the time when this Oath was administred to abjure it before these Acts be repealed is absolutely unlawfull and against the word of God and it is to be hoped no man will conceive that his Majestie meaned to command a thing absolutely unlawfull And if it should be said as it is said by some who not being able to avoid the force of reason do betake themselves to pitifull shifts and evasions that these Acts of Parliament and Assembly establishing Episcopall government were unlawfully and unduly obtained certainely if they have any reasons for this their bold assertion which is of a more dangerous consequence then that it ought to be endured in any well setled Church or Common-wealth these reasons may bee presented lawfully to these judicatories to entreat them to reduce the saids Acts if there shall be strength and validitie found in them But to hold that untill such time as these judicatories shall repeale the saids Lawes they either ought to bee or can possibly bee abjured is a wicked position and destructive of the verie foundation of justice both in Church and Common-wealth Secondly it cannot bee imagined that this Oath should oblige the now takers of it farther then it did oblige the takers of it at first for doctrine and points of faith it did oblige them then and so doth it us now perpetually because these points in themselves are perpetuall immutable and eternall But for points of discipline and government and policie of the Church that Oath could binde the first takers of it no longer then that discipline and government should stand in force by the Lawes of this Church and Kingdome which our Church in her positive Confession of Faith printed amongst the Acts of Parliament Artic 20.21 declareth to bee alterable at the will of the Church it selfe and so repealable by succeeding Acts if the Câ—â—rch shall see cause When a King at his Coronation taketh an Oath to rule according to the Lawes of his Kingdom or a Judge at his admission sweareth to give judgement according to these Lawes the meaning of their Oaths cannot be that they shall rule or judge according to them longer then they continue to be Lawes but if any of them shall come afterwards to bee lawfully repealed both King and Judge are free from ruling and judging according to such of them as are thus lawfully repealed notwithstanding their originall Oath Since therefore if the first takers of that Oath were now alive they could not bee said to have abjured Episcopall government which hath been since establshed by Lawes of this Church and Kingdom especially considering that this Church in her Confession holdeth Church government to bee alterable at the will of the Church certainely we repeating but their Oath cannot be said to abjure that government now more then they could be said to do it if they were now alive and repeating the same Oath Thirdly how can it be thought that the verie Act of his Majesties commanding this Oath should make Episcopall government to bee abjured by it more then the Covenanters requiring it of their associats in both Covenants the words and syllables of the Confession of Faith being the same Now it is well knowne that many were brought in to subscribe their Covenant by the solemne protestations of the contrivers and urgers of it that they might subscribe it without abjuring of Episcopacie and other such things as were established by Law since the time that this Oath was first invented and made and the three Ministers in their first answers to the Aberdene Quaeres have fully and clearely expressed themselves to that sense holding these things for the present not to bee abjured but onely referred to the tryall of a free generall Assemblie And likewise the adherers to the last Protestation against his
meaning but the renovation of the old oath which can admit no new destructive sense but must be sworn conforme to the genuine originall first meaning 2. That oath was justly refused by us upon that ground of discrepance amongst many others and such like was not received by the Councell till they declared their meaning by act simul semel with their subscription 3. We doe not meddle with the Kirks of England or Ireland but recommends to them the paterne shown in the Mount all our arguments and proceedings being for the Kirk of Scotland where from the time of her more pure reformation then of her sister Kirks Episcopacie hath ever been abolished till the latter times of corruption So that though his Majestie hath hitherto maintained Episcopacie in Scotland because his Majestie wanted the meanes to be informed of the acts of this Kirk yet we know that God hath so richly replenished his Royall breast with such justice and pietie that when his Majestie shall receive perfect information wee are confident that He will never desire any change or alteration in our ancient Kirk government and discipline Especially now when his Majesty hath caused the maintainance thereof to be religiously sworn The fift and last reason is that we can never make it appeare that Episcopall government at the first time of administering the oath was abolished the very words of that confession of Faith immediatly after the beginning of it being these Received beleeved and defended by many and sundry notable Kirks and Realmes but chiefly by the Kirk of Scotland the Kings Majestie and three Estates of this Realme as Gods eternall truth and onely ground of our salvation Whereupon is inferred that Bishops Abbots and Pryors made up at that time a third Estate of this Realme which gave approbation to the confession of Faith and therefore this third Estate did not abjure Episcopacie And albeit it had bin abolished by acts of Assembly yet it was not so by act of Parliament but in force by many of them standing unrepealed which are annexed to the reasons Which being the acts of a Monarch his three Estates are never repealable by any Ecclesiasticall nationall Synod For answer hereunto 1. It doth appeare and is manifest by the Registers and acts of Assembly that before the subscription of the Confession at the time thereof and thereafter That Abbots Priors and Bishops were so clearly evidently and expresly condemned in this Kirk That the best wits of this age opposers of Episcopacy cannot yet require one sillable to be added for farther assurance and the most able maintainers thereof could not pick any quarrell to the clearnesse of the expression 2. The clause citted in the reason is onely anent the doctrine and not anent the discipline which thereafter is determined and the Hierarchie detested And the Discipline of the Kirk sworn unto 3. Albeit that clause were of discipline yet it maketh nothing for Bishops except by inference that they are comprehended under the name of the third estate which cannot be so understood for collections by way of inference or ex consequenti cannot be adduced against the expresse acts of the time wherein the makers signifie their minds in clear termes apertissime dicendo leaveth no place to presume the contrare especially in this kingdome where these expressions of stylus curiae are carefully observed without change which may be seen in the same case by many Parliaments where it is not our that no Prelate was present or allowed and yet the acts proporting to be made by his Majestie and three Estates are interpreted by the quoter as made by the Prelats with others 4. Episcopacie was abolished not only by acts of Assembly but there is no standing laws for Episcopall government but some against the same as shall be evident in the answer made to the acts of Parliament subjoyned hereto but if there be any Acts of Parliament standing for Episcopacie the Kings Majestie his Commissioner the Councell the Collective-body of the Kingdome hath actually renunced the same by returning to the doctrine and discipline 1580. whereunto Episcopacie is contrare which God-willing may also be inacted at the next Parliament proclaimed to be holden by his Majestie in May 5. The acts of the Assembly and the book of Policie in the 1. and 10. chapter putteth clear merches betwixt civill and Ecclesiasticall jurisdiction making every one independent in matters properly belonging to their owne judicatorie and every one subject to the other in matters properly belonging to that other So that as the Assembly cannot make civill laws nor repeal them nor imped the Parliament from making or repealing civill laws no more can the Parliament make Ecclesiasticall laws originally nor repeal or hinder the lawfull Assemblies to repeal the same For albeit acts of the Assembly are and may be ratified in Parliament that is only that the civill sanction may concur with the Ecclesiasticall constitution But will not stop the Assembly to recall their owne act which being adnulled by them the civill ratification and sanction fals ex consequenti For to maintain that the Kirk may not repeal her own acts ratified once in Parliament is so derogatorie to Christs prerogative and ordinance to the liberty of the Kirk and freedome of the Assembly to the nature end and reason of all Ecclesiasticall jurisdiction as we have more largely cleared in the Protestation 22 September last that we beleeve few or none will be of that opinion All these Five objections and many more was agitate and discussed in the Assembly before the act anent Episcopacie was made And seeing the generall Assembly of the Kirk of Scotland indicted by his Majestie now holden at Glasgow which is the only Judge competent and fit interpreter to remove and explaine all doubts arising upon the confession of Faith hath after long religious and mature declaration exponed the same and clearly found that Episcopall government in this Kirk amongst other corruptions is abjured by the confession of Faith as the same was profest within this Kingdome hath discharged all subscription to the Covenant subscribed and interpreted by his Majesties Commissioner hath commanded the Covenant subscribed in Februare with the application to be now subscribed according to her present determination therefore wee trust that the knowledge hereof will be a sufficient warning to all good Christians and Patriots that they subscribe not the one and that they subscribe the other according to the genuine and true meaning thereof declared by the Kirk allennerly and of no contrary incompatible sense as they would eshew the crime and danger of a contradictory oath and we would most humbly and earnestly beg of his Sacred Majestie from the bottome of our hearts that his Majestie would be graciously pleased to command that the same may be so subscribed conforme to the declared explanation of the Kirk which would prove the greatest happinesse and joy that ever befell these
protestation more largely And for the 132. and 133. act of the said Parliament 1584. there is no Ecclesiasticall priviledge or authority thereby granted to Bishops as Bishops but only a power of cognition wherein the Parliament hath joyned others the Kings Commissioners with them only as the Kings Commissioners and granted the same unto seculare persons with them but the King could never provide them to the office and jurisdiction of Bishops which was abolished by many acts of Parliament and Assemblies before written The 23. act 1587. worketh directly against Bishops being a generall ratification of all acts formerly made anent the religion presently profest in this kingdome which must include the acts abolishing Episcopacy but especially seeing in the same Parliament 1587. temporall livings are taken from the Bishops as well as the office was 1567. And the same act undoubtedly was granted in the same meaning wherein the Kirk did crave it who that same yeare had often condemned Episcopall government as contraire to Gods word and the liberty of the Kirk and approved Presbyteriall government as flowing from the pure fountaine of Gods word It falleth in here to be remarked that the act 114. anno 1592. is never alleadged and that because it not only revocks in particular the foresaid acts 1584. but in generall all other acts contrary to that discipline then established and in particulare the Assemblies Presbyteries and Synods with the discipline and jurisdiction of this Kirk are ratified and established as most just and Godly notwithstanding whatsoever statutes acts cannons civill or municipall lawes made in the contrare whereunto his Majesties prerogative is declared to be no wayes prejudiciall Further the said act abrogates all acts granting commission to Bishops and other Judges constitute in Ecclesiasticall causes and ordaineth presentation to benefices to be direct to Presbyteries with power to give collation thereupon And so containeth a ratification of the heads of Policy set downe in the second book of discipline Which act is renewed act 60. anno 1593. and the power of Presbyteries acknowledged 1594. act 129. and was never rescinded expresly in totum but only in part by the ratification of the act of Glasgow Which now cannot be respected but falleth ex consequenti seeing that Assembly of Glasgow is now upon just and infallible reasons declared to have been null ab initio and so this act of Parliament wisely omitted by the collecter to the Cōmissioners grace might serve alone without our preceeding speciall answers for clearing the whole preceeding acts The 23. act 1597. granteth the priviledge of a voyce in Parliament to the whole Kirk and under that name to Abbots or other persons provided to prelacies as well as Bishops even as in time of papistry So as Sir Robert Spottiswood Abbot of New-abbay road thereafter in Parliament which was both unwarrantable and unusuall Which doth nothing contribute for the Bishops advantage because albeit the benefice was not extinct yet neither the King nor the Parliament might give them the office so oft condemned by this Kirk which is also acknowledged in the same act because after the granting to them of the said voyce the Parliament remitteth them to the King and the Assembly concerning their office in their spirituall policy and government in the Kirk 2. The said act beareth expresly to be but prejudice of the jurisdiction and discipline of the Kirk established by acts of Parliament made in any time preceeding and permitted by the said acts to all provinciall and generall Assemblies and other whatsoever Presbyteries and Sessions of the Kirk and so the same cannot derogate from the former acts ratifying the present discipline of the Kirk especially the said act 1592. nor yet from the acts of the Assembly abjuring Episcopacy 3. The priviledge is granted upon condition they be actuall Pastors and Ministers And so we referre to the world and themselves if with good consciences they may claime the benefice of that act 4. That priviledge was obtruded and pretended to be introduced in favours of the Kirk who may and hath renounced the same as being incompatible with their spirituall function as the act of the Assembly at more length beareth upon undeniable reasons 5. When voyce in Parliament was first plausible obtruded upon the Kirk it was neither proponed nor tolerated in other tearmes then that onely such should have vote in Parliament as had Commissiom from the Kirk So that not as Bishops but as Ministers Commissioners from the Kirk they had vote in Parliament Like as the Assembly at Montrose 1600. being so hardly prest by authority that they could not get it altogether refused albeit in their conference at Haly-rud-house 1599. they proponed unanswerable reasons against this and all other civill places of pastours set downe cautions binding the Ministers voters in Parliament to bee insert in the act of parliament subsequent which was omitted notwithstanding of the Bishops oath and duty in the contrare for the breach whereof they are now most justly censured 6. The ratificatory acts of the priviledges of the Kirk and Discipline thereof then profest are not thereby abrogate but notwithstanding thereof must stand in force because it is ever understood and frequently provided in Parliament that all acts thereof are made salvo jure cujuslibe◠far more salvo jure ecclesiae sponsae Christi when she is robbed of her right without audience especially seeing her right is usually ratified in the first act of every Parliament 7. Albeit it were granted that by this Act of Parliament or any whatsoever the Prelates had voice in Parliament yet that doth not exeime them from Ecclesiastick censure nor forefault the Kirks right whereby she may condemne them for their transgressions as now this Assembly most justly hath done for by their own caveats whosoever is ecclesiastically censured by Presbyteries and provinciall Assemblies ipso facto loseth his benefice and vote in Parliament 8. Further the Bishops in their declinatour professe they never had commission from this Kirk to voice for her in Parliament according to the cautions set down in the Assembly at Montrose for the which cautions that Assembly was never challenged as trenching upon the third estate The act of parliament 1606. is coincident with the nature of the preceeding acts for albeit the King and parliament might have reponed them to their rents teends lands c. which were annexed to the Crown yea might have disponed to them any part of the patrimony of the Crown If lordly titles and civill places in the persons of pastors separat to the Gospel had been lawfull yet could not give them the spirituall office and jurisdiction spirituall which was abolished and abjured by many preceeding acts of Assembly and parliament forecited Et quod illud tantum agebatur is evident by the whole straine of the act reponing them for remeed of their contempt and poverty to their dignities priviledges livings rents lands and teinds and this alwayes
bred distraction in the Church and State hath been graciously pleased to take the same into His royall consideration and for the quiet and peace of this countrey hath not onely dispensed with the practice of the saids articles but also discharged all and whatsoever persons from urging the practice thereof upon either laicke or ecclesiasticall person whatsoever and hath freed all His subjects from all censure and paines whether ecclesiasticall or secular for not urging practising or obeying them or any of them notwithstanding of any thing contained in the Acts of Parliament or generall Assembly in the contrary And his Maiesty is further contented that the Assembly take the same so farre to their consideration as to represent it to the next Parliament there to be ratified as the Estates shall finde fitting And because it hath been pretended that oaths have been administrate different from that which is set downe in the acts of Parliament his Maiesty is pleased to declare by me that no other oath shall be required of any Minister at his entry nor that which is set downe in the act of Parliament And that it may appeare how carefull his Maiesty is that no corruption nor innovation shall creepe into this Church neither yet any scandall vice or fault of any person whatsoever censurable or punishable by the Assembly goe along unpunished his Maiestie is content to declare by me and assure all His good people that generall Assemblies shall be kept so oft and al 's oft as the affaires of this Church shall require And that none of His good subiects may have cause of grievances against the proceedings of the Prelates his Maiesty is content that all and every one of the present Bishops and their successors shall bee answerable and accordingly from time to time censurable according to their merits by the generall Assembly And to give all his Majesties good people full assurance that Hee never intended to admit any alteration or change in the true Religion profest within this Kingdome and that they may be truely and fully satisfied of the reality of His intentions and integrity of the same his Majestie hath been pleased to require and command all His good subjects to subscribe the Confession of Faith and band for maintenance thereof and of his Majesties person and Authority formerly signed by His dear Father in ann 1580. and now also requireth all these of this present Assembly to subscribe the same And it is his Majesties will that this be insert and registrate in the books of Assembly as a testimony to posteritie not onely of the sincerity of His intentions to the said true Religion but also of His resolutions to maintain and defend the same and His subjects in the profession thereof Which declaration was by Our speciall command and direction given in and subscribed by Our Commissioner upon protestation made by him that his assenting to the registration hereof should be no approbation of the lawfulnesse of this Assembly nor of any of the acts or deeds done or to be done therein And finding them in like sort no wayes to be satisfied therewith and that nothing else was able to give them contentment except at their owne pleasure they were permitted to overthrow all Episcopall government in the Church and thereby to abrogate Our publike lawes standing in vigour by the space of many yeares by-gone and to alter the fundamentall government of this kingdom in taking away one of the three Estates contrary to expresse acts of Parliament And lest the continuance of their meetings might have produced other the like dangerous acts so derogatory to Royall authority We were forced for preveening thereof and for the reasons and causes above-mentioned and divers others importing true monarchicall government to dissolve and breake up the said pretended Assembly and to discharge them of all farther meeting treating and concluding any thing therein And yet in that calme and peaceable way as Our Commissioner before his removing desired their pretended Moderator for that time to have said prayer and so concluded that dayes session that so they might have had time to thinke upon the just reasons of his refusing to assist or be any longer present at the said pretended Assembly of the causes moving Us to the dissolving thereof and notwithstanding his earnest urging the same and being willing to returne the next morning to heare their answer in place of all other satisfaction to his so reasonable and moderate desires it was refused and met with a protestation of an high and extraordinary straine thereby presuming to cyte and call Our Councell in question for their dutifull assistance and obedience to Us and Our Commissioner And finding their disobedience thus to increase We were constrained to discharge them of new againe the next day thereafter by publike proclamation under the paine of treason And albeit that their contumacie is such as hath not been heard of in former times yet they shall never move Us to alter the least point or article of that We have already declared by proclamation or declaration under Our Commissioners hand All which was publikely read and by Our Commissioner required to be insert and registrate in the books of Assembly therein to remain as a testimonie to posterity not onely of the sinceritie of Our intentions to the true Religion but also of Our resolution to maintaine and defend the same and Our subjects in the profession thereof And perceiving likewise that in contempt of Our proclamation at Glasgow the 29. of November they goe still on to conveene meet and to make illegall and unwarrantable acts We have conceived it fitting to forewarne all Our good subjects of the danger that they may incurre by being insnared by these their unlawfull procedures And to this purpose doe not onely liberate and free them from all obedience to any of the pretended acts made or to be made at the said pretended assembly or Committees direct therefrom but do also free them from all pain and censure which the said pretended assembly shall inflict upon them or any of them And therefore doe discharge and prohibit all Our subjects that they nor none of them acknowledge nor give obedience to any pretended acts nor constitutions made or to bee made at the said pretended meetings under all highest paines And We command charge and inhibite all presbyteries sessions of Kirkes Ministers within this Realme that none of them presume nor take upon hand privately nor publikely in their sessions and meetings nor in their conferences sermons nor no other manner of way to authorize approve justifie or allow the said unlawfull meeting or assembly at Glasgow neither yet to make any Act thereupon nor to do any other thing private or publike which may seeme to countenance the said unlawfull Assemblie under the paine to bee repute holden and esteemed and pursued as guiltie of their unlawfull meeting and to bee punished therefore with all rigour And siclike Wee command all and
and Records that the Castle of Edinburgh was given in keeping to the house of Erskine by the King and Estates of Parliament hac lege expressa conditione ut nulli nisi conventui ordinum reposcenti traderent Eighthly this Act is not unexampled in the Christian world but hath many presidents both in the History of other Kirks and Kingdomes and of our own which hath many such examples even done by the Estates themselves whose fact doth make our right and whose authority is ratified conforme to the ancient and loveable custome in punishing rebellious subjects and preserving the faithfull Act 130. Par. 8. James 6. In the next place we are upbraided for our meetings which in the Proclamation are called Councell Tables only by that name which by ordinary expression is due to judicatories to make it beleeved that we have arrogate to our selves some unwarrantable power and authority which we neither have nor intends to doe God willing whereas the truth is that in a matter so highly importing all of us as the preservation of Religion and purity of Gods worship it was most necessary for us to meet and that in a sober modest and quiet way for deliberating with joynt advice upon those weighty businesses for the good of the Kirke his Majesties honour and peace of the Kingdome And those meetings did never emit nor send forth any authoritative command or injunctions but conclude upon such advices as might be most expedient for advancing that great businesse and facilitating the way of supplication to his Majestie and overtures for the Assembly and Parliament which was an Act lawfull and approvable in the selfe albeit the conclusions thereof did not carry the force or validity of a binding law or command which was never aimed at nor intended Which meetings they might warrantably keepe for that end being for Gods glory and removing the iust grievances of the subiects no waies prohibited by any of our municipall Lawes which disapproveth such conventions as are for disturbance of the peace or usurpation against Authority whereof neither of the two can bee alledged against these meetings Not the first because no invasion violence offer of wrong by word or deed to any person no even to those upon whom they justly complaine ensewed upon the same notwithstanding of their provocations and their feares falsly represented to his Maiesty and maliciously pretended for their stay out of the Countrey Not the second because their meetings was to consult in manner foresaid upon the most fitting and humble way of supplicating his Maiestie and for the most convenient propositions to bee represented to his Maiesty the Parliament and Assembly all which acts are most compatible with the loyalty and duty of good subjects and doe no waies intrench upon Authority seeing they can never be challenged to have assumed to themselves any judiciall determination in any matter of State Civill nor Ecclesiasticall but by voluntary instructions and opinions every one to another in a common cause of Religion did resolve what might be most conducible to their lawfull and iust ends And yet those conventions want not the warrant of Law and Authority because they consist of the Nobility Barons Burrows and Ministerie which by the fundamentall Lawes of the Land have place of proponing reasoning and voting in Parliament and Assemblies Act 113. King James the 6. Parl. 11. wherein is acknowledged that it is necessary to the King and his Estates to be truly informed of the needs and causes pertaining to His loving subjects in all estates and therefore ratifieth the Act made by King James 1 anno 1427. Giving power to Barons to propone all and sundry needs and causes and to heare treat and determine all causes to be proponed in Parliament which necessary and true information cannot be made to his Majestie and Estates without privy meeting and consultation and consequently it being granted to them to informe the King and Estates and to propone heare treat and finally determine all needs and causes to be proponed in Parliament there must be necessarily understood to be a sufficient power granted to them for meeting and advising upon that information Quia aliquo concesso omnia concessa videntur sine quibus concessum expediri nequit And as to the Ministers they have likewayes power granted to them not onely by the word of God and constitutions of the Kirke but by the King and laws of this land to propone reason and vote in Assemblies and be the samine parity of reason to keep preceding meetings not to determinate or execute but to consult upon their necessary propositions So that these lawfull meetings for the religious end suffer wrongously the invidious designation of Councell tables which is onely done for procuring misconstruction against them because at these meetings and consultations they sat about a table which posture is no wayes prejudiciall to Authority the meanest of mechanik crafts having their own tables where about they sit when they consult upon the smallest businesse importing their trade And farder these same meetings consisting of Commissioners from each Sheriffedome and body of this Estate were allowed by his Majesties Councel first and thereafter by the Commissioner his Grace In so farre as the whole subjects of this kingdome out of their resentment of the weight of this cause having numerously conveened at Edinburgh from all the parts of the kingdome that confluence of people was desired to be dissolved and directed to make choose forth of that great number of some Commissioners from each shire who might meet to represent their just grievances and desires and attend the answers thereof The third particular challenge in the Proclamation is for the illegall and unformall course taken in the election of Commissioners to the Assembly whereof some are alledged to have beene under the censure of this Kirke some under the censure of the Kirke of Ireland some banished for teaching against Monarchie others being suspended some admitted to the Ministery contrare to the laws of this kingdome others at the Horne some confined and all by oath bound to the overthrow of Episcopacie Whereunto although no answer be requisite seeing the persons thereby meaned are not specially condescended upon yet for clearing all mens mindes and showing the warrantablenesse of our proceedings it is of truth that the Assembly after particular triall which they took upon some such surmises could not finde any censured by the Kirke of Scotland or Ireland by a lawfull manner in a lawfull judicatory or for a lawfull cause but on the contrary the Assembly after carefull searching and examination found that any censure inflicted upon any of these persons in Scotland was only by a Bishop who ought to be punished for taking arrogantly on him the name of the Kirke of Scotland and that without the advice of any Presbytery but sitting in his high commission which was condemned by the laws of this Kirke and
sufficiently evinced that our proceedings are not contrary to the Lawes of the Kingdome or destructive of any lawfull third Estate and which part of the Proclamation doth close with an undeserved imputation to our loyalty bearing that for the like dangerous Acts so derogatory to Royall authority and for others reasons importing true Monarchicall government the Commissioner was forced to dissolve the Assembly but the same is so generally expressed that it appeares evidently to be done of plaine purpose to make us hatefull which we hope will not worke that end unlesse some speciall Act of disloyalty or malversation could bee specially condescended upon which undoubtedly had not beene omitted if it had been possible otherwaies that darke cloud of general termes cannot obfuscate the pure brightnesse of our sincere intentions unlesse our true representation of grievances and earnest humble pressing legall redresse thereof at his Majesties hands may deserve that aspersion in the eyes of these Councellours who thinke themselves obliged rather in absolute obedience then a dutifull representation to their Soveraigne of what is just and warrantable wherein wee appeale to all the world if either our proceedings or opinions bee any wayes derogatory to the true power of Monarchicall government or his Majesties authority which wee are obliged to defend with our lives and fortunes by our Covenant And where in the Proclamation in that part thereof anent the Commissioners discharge of the Assembly is insinuate some expression of his graces willingnesse to returne the next morning to the Assembly wee declare that wee were most sensible of the benefit of his Graces presence and received great contentment by that countenance of Royall authority in representation whereof we would never have deprived our selves if we had had the least signification of any such intention but the truth is that having called our selves to our best remembrances we heard no word or expression tending that way but by the contrary we did humbly require his Grace to give in the reasons of his discontentment in writ and to returne the next day againe at which time wee should give in sufficient answers thereto which might wipe away all his Graces objections and move him to continue his wished presence to that Assembly whereat hee had publickly professed he could no longer assist but this being refused and the Assembly discharged by him we were necessitate to protest both that day and the day following upon the Mercate Crosse of Glasgow and to shew that in conscience of our duty to God and his truth the King and his honour the Kirke and her liberties this Kingdome and her peace this Assembly and her freedome to our selves and our safety to our posterity persons and estates we could not dissolve the Assembly for the reasons following First for the reasons already printed anent the conveening a generall Assembly which are now more strong in this case seeing the Assembly was already indicted by his Majesties authority did conveen and is fully constitute in all the members thereof according to the word of God and discipline of this Kirke in presence and audience of his Majesties Commissioner who hath really acknowledged the same by assisting therein seven dayes and exhibition of his Majesties royall Declaration to be registrate in the books of this Assembly which accordingly was done Secondly for the reasons contained in the former Protestations made in name of the Noblemen Barons Burgesses Ministers and Commons wherunto we did then iudicially and doe now actually adhere as also unto the Confession of Faith and Covenant subscribed and sworn by the body of this Kingdome Thirdly because as we are obliged by the application and explication subioyned necessarily to the Confession of Faith subscribed by us so the Kings Maiestie and his Commissioner and privie Councell have urged many of this Kingdome to subscribe the Confession of Faith made in anno 1580. and 1590. And so to returne to the doctrine and discipline of this Kirke as it was then professed but it is cleare by the doctrine and discipline of this Kirk that it was most unlawfull in the selfe and preiudiciall to these priviledges which Christ in his word hath left to his Kirke to dissolve or breake up the Assembly of this Kirke or to stop and stay their proceedings in constitution of Acts for the well-farre of the Kirke or execution of discipline against offenders and so to make it appeare that Religion and Kirke government should depend absolutely upon the pleasure of the Prince Fourthly because there is no ground of pretence either by Act of Assembly or Parliament or any preceding practice whereby the Kings Maiesty may dissolve the generall Assembly of the Kirke of Scotland farre lesse his Maiesties Commissioner who by his commission hath power to indict and keepe it secundum legem praxim but upon the contrary his Maiesties prerogative Royall is declared by Act of Parliament to be no wayes prejudiciall to the priviledges and liberties which God hath granted to the spirituall office-bearers and meetings of this Kirke which are most frequently ratified in Parliaments and especially in the last Parliament holden by his Maiestie himselfe which priviledges and liberties of the Kirk his Maiestie will never diminish or infringe being bound to maintaine the same in integrity by solemne oath given at his Royall coronation in this Kingdome Fifthly the Assemblies of this Kirke have still enjoyed this freedome of uninterrupted sitting without or notstanding any contramand as is evident by all the records thereof and in speciall by the generall Assembly holden in anno 1582. which being charged with letters of Horning by the Kings Maiestie his Commissioner and Councell to stay their proces against M. Robert Montgomerie pretended Bishop of Glasgow Or otherwaies to dissolve and rise did notwithstanding shew their liberty and freedome by continuing and sitting still and without any stay going on in that proces against the said M. Robert to the finall end thereof and thereafter by letter to his Majestie did shew clearly how farre his Majesty had been mis-informed and upon mis-information prejudged the prerogative of Jesus Christ and the liberties of this Kirke and did enact and ordaine that none should procure any such warrant or charge under the paine of excommunication Sixthly because now to dissolve after so many supplications and complaints after so many reiterated promises after our long attendance and expectation after so many references of processes from Presbyteries after the publike indiction of the Assembly and the solemne Fast appointed for the same and after frequent convention and formall constitution of the Assembly in all the members thereof and seven daies sitting were by this Act to offend God contemne the subjects petitions deceive many of their conceived hopes of redresse of the calamities of the Kirke and Kingdome multiply the combustions of this Kirk and make every man despaire hereafter ever to see Religion established innovations removed the
sharpest warre was rather to be endured then the least errour in doctrine or discipline Another in his Sermon wished That hee and all the Bishops in that Kingdome were in a bottomlesse boat at sea together for he could bee well content to lose his life so they might lose theirs Thousands more such beastly barbarous and profane speeches were delivered by them not onely in their Pulpits but in their Sermons For the Reader must know that in these times of tumult where the Churches were not able to containe the great multitudes they did usually preach in common and profane places in roomes which are yet in building and not finished intended for Lawyers to plead in in the Halls of the Taylors and other mechanicall tradesmen of Edinburgh in some private houses in the Hall of the Colledge of Edinburgh where one Sunday Rollock being to preach but finding the crowds of people to be too great for that place mounted upon the top of a paire of staires which went up to an upper ground in an open place which was onely covered by the heavens and from thence preached to a great troupe or multitude whose breath is the onely aire hee desireth to live in being shot quite through the head with popularitie Others preached in the free-Schoole at Edinburgh where boyes use to play and bee punished If these speeches and many as bad or worse then these and delivered in such places be fit to perswade the people that their Covenant comes from God the Reader may easily discerne The second meanes which they used for blind-folding the eyes of the people were their many false reports which both in their Pulpits and out of their Pulpits they vented amongst the people which their Leaders knew in their owne consciences to be most false They gave it out that We intended to bring in Poperie in all Our Kingdomes or at least a toleration of it It was preached that the Service Book was framed at Rome and brought over by a country-man of theirs when they doe know that every Papist by the Popes Bull is prohibited to heare the Service Booke read Others preached that all England was of their opinion and judgement and that they had good intelligence from hence that no man would adhere to Us against them Another preached that no man would have protested against the generall Assembly but for money and that none had protested but they who had received some when they did know that many had protested who had received none It is true indeed that some poore Ministers being thrust out of their Benefices by them for adhering to Us were petitioners to Our Commissioner for relieving the necessities of them and their families some of those who were most necessitated he did a little relieve but some of that number were none of the protesters and many who were protesters were none of that number It was preached ordinarily in their Pulpits that neither We nor Our Commissioner in Our name did ever intend to hold the generall Assembly or if We did hold it did never intend to performe any thing which We had promised in Our gracious Declaration though they now know that We have performed both Within these few daies some desired the people publiquely in their Pulpits to give thankes to God for that overthrow which the Hollanders had given to the Spanish Fleet before Dunkirke assuring their auditours that it was no lesse to be celebrated by them then their deliverance from the Spanish Invasion in 88. because all that Fleet was prepared at Our charge for their ruine and subversion Besides many thousands more such reports and counterfeited letters scattered by them of which some no doubt were devised by themselves whereby they kept Our people in that ignorance in which at the very first they had resolved to involve them Now what a fearfull and terrible thing is it for men in the house of God and in those places of these houses of God which they call the chaires of truth to deliver such things as either they doe not know to be true or doe know to be false Besides these dictates of the Ministers the lay-Elders since they came to thinke themselves Ecclesiasticall persons for so now they doe and will not be called lay but ruling-Elders they have found new inspirations and delivered doctrines as like their Divines as may be one of them We cannot chuse but rehearse An ancient Knight and a lay-Elder intruded himselfe and his fellowes upon a Presbyterie for chusing the Ministers Commissioners for the Assembly and the Ministers of that Presbyterie not being able to keep them out though they earnestly desired it fell to intreat these lay-Elders that if they would needs intrude themselves in their election they would have a speciall care to chuse the ablest Ministers and who were most inclined to moderation and peaceable courses because the Church at this time stood in great need of such Commissioners The old Knight in great zeale replyed That whosoever at this time gave his voice to a moderate or peaceable minded Minister hee was a betrayer of Christ and his cause because these times required no luke-warme Commissioners which barbarous and unchristian speech of his being related by way of complaint to the Tables at Edinburgh was so far from being censured as it was approved for a high and heroicall ejaculation The third meanes whereby they have perverted Our people and continued them in their disobedience to Us and Our Lawes have been their strange and damnable positions whereby they have impoysoned Our subjects some whereof We shall now declare unto you First What subjects doe of their owne heads is much better then what they doe in obedience to Authoritie the one savouring of constraint but the other being voluntarie and cheerfull obedience This proposition is delivered in their Protestation bearing date the 22. of September 1638. made against Our gracious Declaration it is in their fifth reason against the subscription to the Confession of faith urged by Us. A second The Parliaments power doth no more reach to the placing of Officers originally in the Church then the Church hath power to make States-men in the Common-wealth This position is in their answer to Our Commissioners Declaration concerning Our sense and meaning in commanding the Confession of faith to bee subscribed Where they have added the word Originally onely to puzzle the Reader For certainly their meaning must bee That the Parliament hath no power for confirming of Officers placed in the Church by the Church it selfe for no Act of Parliament in that Kingdome doth make any Officers in the Church originally but onely ratifieth and confirmeth such as were established by the Church in her generall Assemblies A third position is this The Parliament can make no law at all concerning the Church but onely ratifie what the Church decreeth and after it hath ratified it yet if the Assembly of the Church shall prohibit it and repeale that decree of the Church all
the subjects are discharged from yeelding obedience to the Act of Parliament which either made any such law or ratified any such decree of the Church This position they deliver in their answer to the 5. reasons in the said Declaration and would be well weighed A fourth position is this The Assembly hath power to discharge all subscription to the confession of faith commanded to be subscribed by Us and as it is interpreted by Us or Our Commissioner so leaving Us no power at all in Ecclesiasticall causes which all Reformed Churches give their Princes according to Gods Law This position is in the same place in their conclusion of their answers to the five reasons A fifth position is this The Assembly without Us is the Church and the onely Judge competent fit to interpret and explaine all doubts arising upon the confession of faith commanded by Us which they put in practice by explicating Our confession of faith against Our owne meaning and after We had dissolved the assembly This position is set downe in the beginning of their conclusion after their answers to the five reasons A sixth position is this Though the Law be interpreted yet if it be interpreted in a sense disliked by most of the Kingdome the body of the Kingdome for whose good the Law was made may crave the lawfull redresse of the grievances sustained by that Law This position is in the fifth of their ten Articles propounded before the indiction of the assembly A strange position that they shall crave redresse of a Law and before a Parliament which onely can redresse it and though they call it a craving to redresse it yet they meane an actuall redressing of it for they before a Parliament was at this time indicted have actually done many things against Acts of Parliament and stand upon their justification that they may lawfully doe so The seventh position is this The Assembly is independant either from King or Parliament in matters Ecclesiasticall This position is in their Protestation against Our Proclamation of the 18. of December 1638. in their third reason against Our gracious offers delivered into the Assembly by Our Commissioner and is a position delivered not onely in the sense but in the very words of the Jesuites The other positions following generally dispersed throughout their Protestations and Pamphlets are so obvious to any one who hath read them as the particular cytation of them may bee forborne such as are these following An eight position is That in all matters determined in an assembly We are to receive them as the son of the Church and have no further interest in them though they be not matters of faith but matters of government and those concluded by them against Acts of Parliament established by Us and Our three Estates nay though they concerne secular businesse as making of Salt and fishing for Salmons on Sundaies changing of Markets from one day in the weeke to another and such like for in their late pretended Assembly they have determined of many such things as doth appeare by the Index of their Acts. They will not find many Papists who have said so much for the Church of Rome nor any Jesuites which have said more A ninth position is this It is lawfull for subjects to make a Covenant and combination without the King and to enter into a band of mutuall defence against the King and all persons whatsoever though by two Acts of Parliament before cyted all such persons as shall be found either contrivers of or adherers to any such league are punishable with death A tenth position is this That it is lawfull for themselves sitting in an assembly to indict a new assembly without Our consent as they have now indicted a new assembly to bee held in July next or out of the assembly when they please as they professed that now they would have done if We had not indicted one though this be directly and expresly against two Acts of Parliament before cyted An eleventh position is this If subjects bee called before Us and Our Councell for any misdemeanour if they who are called doe any way conceive that the matter for which they are called doth concerne the glory of God or the good of the Church and a wonder it is if any cause can be found which doth not concerne one of these two then they may appeale from Us and Our Councell to the next generall Assembly and Parliament and in the meane time before these appeales be either heard or discussed they may disobey Us and Our Councell although by an Act of Parliament before cyted it is expresly made treason and the Ministers who appealed from Our Royall Father and his Councell were upon that Act arraigned and found guilty of treason The twelfth position is this That when We are intreated to indict a generall Assembly it is not that there is any need of Our indiction but rather to doe Us honour and to beget some countenance to their proceedings alledging that the power of indiction is in Us but cumulativè not privativè which if We shall refuse then that power is suppletivè in the collective bodie of the people as it is alwaies say they in all other cases if the Prince shall either neglect or refuse to doe his dutie Nor are they ashamed to averre that all Soveraigne authoritie was originally in the collective bodie of the people by them conferred with their owne consent upon the Prince and therefore if the Prince shall omit to doe his dutie he either falls from his right or his right is interrupted untill he returne to his dutie but that in the meane time the Soveraigne right and authoritie doth returne to and remaine with the people from whom it was at the first derived upon the Prince A prettie matter it were if Princes Crownes and Soveraignties should depend upon such notionall and pedanticall distinctions and wonder it is that these men who professe themselves to be the greatest enemies to Poperie in all the World should borrow the very words and termes of this ridiculous distinction from the Jesuites which distinction if it had ever been used in those primitive and purest Councels of the Church all of which were onely called by the Emperours and in which all matters were ordered and disposed by their Presidents and Deputies it would have made those Emperours out of love with the Councels and Assemblies of the Church But they were never robbed of that speciall prerogative of their Crowne untill the Bishops of Rome by their tyrannie and usurpation and by animating and arming their owne subjects against them dispossessed them of it And now We and Our Successors being repossessed of it againe by the Lawes of that Our Kingdome and the usurpation of the Pope in that very particular being by many of Our Acts of Parliament excluded wonder it is to see these men take upon themselves that usurped and cashiered Papall authoritie The thirteenth position is this If We or
of the boldnesse of this petition which expecteth Our answers in such termes as it doth not onely seeme to require Our approbation of their wicked proceedings but almost to command it and lastly it is subscribed onely by the hands of the Moderatour and Clerke of the Assembly as if it were an ordinarie cytation served upon the meanest subject of that Our Kingdome And besides all these We would know what Ecclesiasticall assembly just or pretended did ever use any coercive power but that which was Ecclesiasticall viz. suspension deprivation degradation or excommunication But this pretended Assembly hath besides all these inforced her acts with armes and all manner of violence both against the persons and fortunes of such as doe not agree unto them but continue loyall to Us. BY this time We hope the Reader is well satisfied that We have been from time to time well acquainted with and rightly informed concerning all the particular passages of these troubles For since We produce their owne originall foule and blacke acts and the counsels which We tooke and courses which We held for meeting with them and hindering them so farre as then on the sudden We could every man will now hold their ordinarie and so often repeated calumnie sufficiently confuted viz. That all the proceedings and proffers on their parts were quite concealed from Us That their petitions remonstrances and grievances were kept from Us That We understood no more of the estate of the affaires of that Kingdome then the malice of their adversaries and bad patriots were pleased to impart unto Us That Our Commissioner in his severall journies between Us and them never made Us acquainted with the true state of the businesse or with their requests and protestations That he at his severall returnes did do that which he thought fittest to be done and not what We had commanded him or that if We did command him Our commandements were according to the information which hee had given unto Us of their counsells and courses which information was never true nor right but onely such as hee and the Bishops had contrived for mis-informing of Us All which most wicked calumnies invented onely to keep Our people unsatisfied as they are attended with want of truth so they are accompanied with a most undeserved ingratitude For We doe professe that there was no man since the time of these troubles who hath more zealously stood between Our wrath and them then Our Commissioner and who hath more constantly laboured Us to admit any probable construction which might be made of their actions ever untill such time as they came to that height that they could neither probably nor possibly receive any good construction and yet even then all his perswasions were to pardon and forgivenesse if they should acknowledge their errours and with a submissive humilitie returne to Our obedience And here We must needs justifie all his proceedings with them as being punctually and exactly ordered and performed according to Our instructions and commandements to him and condemne their ingratitude to him not doubting but ere long they will heartily wish that they had some such about Us who might solicite Us for their peace and pardon so carefully as hee did so long as hee had any hope of their amendment The same course which they held with him their owne countrie-man they held likewise with some of this Kingdome of great place especially some of the Prelates neere Us and intrusted with the greatest businesse of this Church and Kingdome For during the time of all these troubles they have likewise slandered them amongst Our subjects of that Kingdome both for mis-information of Us and giving Us counsell and advice to shunne all waies of peace Whereas We must professe that those Prelates whom in their last seditious and treasonable information to the good Christians of England they have traduced for their greatest enemies chiefly some of them whom they especially glance at with Our Cōmissioner have bin their greatest friends their counsells were alwaies counsells of peace and their solicitations to Us were vehement and earnest for granting unto them those unexpected and undeserved favours which We were graciously pleased to bestow upon Our people published in Our Proclamation at Edinburgh the 22. of September 1638. and afterward made good to them in Our name by Our Commissioner at the Assembly in Glasgow These Prelates and Our Commissioner advising Us rather to condescend to these particulars then to be put to the effusion of any drop of Our subjects bloud But the miserie and misfortune of many of Our well meaning subjects in that Kingdome hath in all this businesse been this That they trusted the mis-informations of their Leaders even in those things of which their Leaders themselves did not beleeve so much as one word Such were their false reports of Our inclination to Poperie of Our intentions never to hold an Assembly although We had indicted it of Our intention of never performing any thing in that Assembly which We had promised in Our gracious Proclamation of the indiction of it All which false reports We have since sufficiently confuted by Our commanding the renovation of the subscription of that Confession of faith which cannot subsist with Poperie by Our indicting a free generall Assembly the freedome whereof they quite destroyed by their proceedings both before it and in it by Our making good in that Assembly such as it was all Our gracious promises and therefore We cannot now but hope and expect that all Our good and loyall subjects of that Our ancient and native Kingdome will by their former experience of the falshood of their Seducers and Leaders learne to give no trust or credit to their posteriour and new mis-informations which by their last seditious Pamphlets printed or written and by many intercepted letters We find to be these three especially but all of them most notoriously false First they goe about to perswade Our good subjects that We intend an invasion of that Our Kingdome But they must have a great power over the faith of such as they can make beleeve that a King would invade his owne Kingdome Invasions made by Princes of other Princes dominions have been usuall but for a Prince to invade his owne Kingdome is a prodigious untruth But they tell Our people that We are coming thither attended with English troupes We wonder if they should bee affraid of them whom Our people in their Pulpits and elsewhere have been made beleeve were all of their owne partie and would take armes with them in their defence against Us. But the truth is these English troupes goe along to secure this Our Kingdome of England from invasion by them which they have so frequently threatned and if for the securing of Our person they should offer themselves to bee Our guard wheresoever We goe what doe they else but shew themselves to be true and loyall subjects and lay an obligation on Us to continue in Our breast that
full assurance of their loyaltie and fidelitie towards Us of which We have alwaies by unanswerable demonstrations been fully perswaded as also upbraid the disloyaltie of many of Our subjects of that Our native Kingdome amongst whom they are loath to trust Us without offering their persons to be Our guard But these two things We doe desire all Our good subjects of that Kingdome firmly to beleeve First We are confident that We shall not much stand in need of English troupes to chastise the Heads of this late Rebellion as being fully perswaded that Our loyall subjects who have all this while adhered unto Us and Our mis-led subjects who upon this Our Declaration wil adhere unto Us but above all the justice of the cause of God and of Us his Anointed shall be strength enough to bring those principall Rebells to undergoe the tryall of Our Lawes Next Wee desire all Our good subjects there to beleeve that We are so farre from intending any invasion of that Our native Kingdome as that according to Our dutie and oath taken at Our Coronation We shall by the grace of God alwaies be ready with Our whole power estate and expense of Our bloud if the case shall so require to defend that Our Kingdome and subjects thereof against all invasions whatsoever For We doe at this time onely intend to reduce the principall Heads of these tumults to the obedience of Us and Our Lawes and in case of their Rebellious obstinacie to bring them to those deserved punishments which in such cases the Lawes of that Our Kingdome have provided nor can this either bee called or accounted an invasion more then the Judges sentencing malefactours to punishment can bee called an invasion of them The second mis-information whereby We find the Heads of this Rebellion goe about to keep Our people from returning to Our obedience is this They make them beleeve that since they have not accepted of Our gracious offers made in Our Declaration at Edinburgh the 22. of September last and made good by Our Commissioner in Our name at the Assembly in Glasgow that now We will certainly performe none of them But these wicked mis-reporters speake both according to their owne deserts as knowing that their rebellious misdemeanours have indeed deserved no such favour at Our hands and likewise according to their owne desires as fearing that if We should make them good then Our people might and must receive satisfaction thereby but they doe not speake according to Our Royall intentions which are to assure Our subjects that as We have before expressed in Our Preface their faults and disloyall courses shall not make Us goe backe from any thing which We have promised in either of those two Our gracious Declarations made at Edinburgh and Glasgow but that We will performe them all for the securing of all Our good subjects from any further feares of these pretended innovations The third mis-information whereby the Heads of this Rebellion goe about to continue Our people in disobedience to Us is this They would make them beleeve that if they shall now yeeld We doe intend to make that Our native Kingdome a Province and to dispoile them of all their lawes and liberties and to give them new lawes as if they were a conquered Kingdome A most divellish and false suggestion for We professe We never harboured any such thought in Our Royall breast but doe intend by the grace of God to continue that Our native Kingdome in the government of Our lawes and confirme unto them all their liberties and when it shall please God to translate Us to leave the same in charge to Our Successour These foule but false aspersions being thus wiped off We are now desirous to remove their grand and maine calumnie whereby they doe at once endeavour both to disparage Our just and to justifie their owne most unjust proceedings They give out that We have no quarrell against them but Religion and when they are asked in what points of Religion We will not yeeld to them they doe not name any one of which they have complained in their Petitions and which in them they called innovations in Religion for they know that in Our gracious Declarations We have given full satisfaction concerning them but they instance in other two particulars First Our not admitting the introducing of lay-Elders into their Presbyteries and that in equall number with the Ministers and that these lay-Elders shall have voices and alwaies the casting voice in the election of the Ministers Commissioners from the Presbyteries to the generall Assembly The second That We will not give way to the abolishing of Episcopall government For the former We professe that We cannot give way to it it being a course unheard of not onely in that Church of Scotland but in any Church in any age for how can We yeeld that Noblemen Gentlemen Commoners shall be made Ecclesiasticall persons which must needs bring in a confusion of these two Ecclesiasticall and secular persons which have alwaies been distinguished Next how can We betray the Ministers of that Kingdome unto perpetuall slaverie for if Episcopall government should bee gone which they intend and the Ministers in their Presbyteries shall be over-swayed by the voices of the lay-Elders what face of Ecclesiasticall government can remaine when it shall be quite pulled out of the hands of Ecclesiasticall persons And therefore We cannot chuse but account it a great ingratitude in those Ministers who oppose Us for whose maintenance as We first stood against the laitie so We are now resolved to stand against them for their libertie For the second which is the abolishing of Episcopall government We professe We cannot yeeld unto it though it were not warranted by Apostolicall institution at the first and since by the perpetuall practice of the Church of Christ in all ages and places as We hold it is warranted by both First because it is established in that Kingdome and hath ever been by Acts of Parliament and is so now and hath been for many yeeres by Acts of the generall Assembly Next because of the course which they have taken to abolish it to wit by an Assembly holding that an Assembly may abolish Acts of Parliament a proposition which must not bee endured in any Monarchie for then the Convocation in England or generall Assembly in Scotland might introduce in either of these Kingdomes Poperie and the Popes authoritie if they had a mind to doe so notwithstanding the Acts of Parliament in both Kingdomes which have ejected them and which Acts of Parliament were posteriour to the Acts of these Ecclesiasticall Assemblies and were confirmations of what was passed before in them Thirdly We cannot destroy Episcopall government without destroying one of the three Estates of Parliament which Wee will not doe but these men in an Ecclesiasticall Assembly without Our consent or consent of Parliament have gone about to destroy the first of the three Estates of Parliament But say that