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A11752 The protestation of the Generall Assemblie of the Church of Scotland, and of the noblemen, barons, gentlemen, borrowes, ministers and commons; subscribers of the Covenant, lately renewed, made in the high Kirk, and at the Mercate Crosse of Glasgow, the 28, and 29. of November 1638; Protestation. 1638-11-29 Church of Scotland. General Assembly.; Warriston, Archibald Johnston, Lord, 1611-1663. 1638 (1638) STC 22047; ESTC S116929 6,240 16

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THE PROTESTATION OF THE GENERALL ASSEMBLIE OF THE CHVRCH OF SCOTLAND AND OF THE NOBLEMEN BARONS GENTLEMEN BORROWES MINISTERS AND COMMONS Subscribers of the Covenant lately renewed made in the high Kirk and at the Mercate Crosse of Glasgow the 28 and 29. of November 1638. Printed at Glasgow by George Anderson in the Yeare of Grace 1638. The Protestation of the generall Assembly of the Church of SCOTLAND c. WEE Commissioners from Presbyteries Burghes and Universities now conveened in a full and free Assembly of the Church of Scotland indicted by his Majestie and gathered together in the Name of the Lord Jesus Christ the only Head and Monarch of his owne Church And Wee Noblemen Barons Gentlemen Ministers Burgesses and Commons Subscribers of the Confession of Faith Make it knowne that where Wee His Majesties loyall Subjects of all degrees considering and taking to heart the many and great innovations and corruptions lately by the Prelats and their adherents intruded of this Church which had beene before in great puritie to our unspeakable comfort established amongst us were moved to present many earnest desires and humble supplications to his sacred Majestie for granting a free generall Assembly as the only legall and readie meane to try these innovations to purge out the corruptions and settle the order of the church for the good of Religion the honour of the King and the comfort and peace of the Kirk and Kingdome It pleased his gracious Majestie out of his Royall bountie to direct unto this Kingdome the Noble and Potent Lord James Marques of Hammiltoun with Commission to heare and redresse the just grievances of the good Subjects who by many petitions and frequent conferences being fully informed of the absolute necessitie of a free generall Assemblie as the only Judicatorie which had power to remedie those evils was pleased to undergoe the paines of a voyage to England for presenting the pitifull condition of our Church to his sacred Majestie And the said Commissioner his Grace returned againe in August last with power to indict an Assembly but with the condition of such prelimitations as did both destroy the freedome of an Assemblie and could no wayes cure the present diseases of this Church which was made so clearly apparent to his Grace that for satisfying the reasonable desire of the Subjects groaning under the wearinesse and prejudices of longsome attendance Hee was againe pleased to under-take another journey to His Majestie and promised to endeavour to obtaine a free Generall Assemblie without any prelimitation either of the constitution and members or matters to be treated or manner and order of proceeding so that if any question should arise concerning these particulars the same should bee cognosced judged and determined by the Assemblie as the onely judge competent And accordingly by warrant from our Sacred Soveraigne returned to this Kingdome and in September last caused indict a free Generall Assemblie to be holden at Glasgow the 21. of November instant to the unspeakable joy of all good Subjects and Christian hearts who thereby did expect the perfect satisfaction of their long expectations and the finall remedie of their pressing grievances But these hopes were soone blasted for albeit the Assemblie did meet and begin at the appointed day and hath hitherto continued still assisted with his Graces personall presence yet His Grace hath never allowed any freedome to the Assemblie competent to it by the Word of God acts and practise of this church and his Majesties Indiction but hath laboured to restraine the same by protesting against all the acts made therein and against the constitution therof by such members as by all law reason and custome of this church were ever admitted in our free Assemblies and by denying his apprebation to the things proponed and coucluded though most cleare customable and uncontraverted And now since his Grace after the presenting and reading of his own commission from our sacred Soveraigne and after his seeing all our commissions from Presbyteries and Burghes produced and examined and the assembly constitute of all the members by unanimous consent doth now to our greater griefe without any just cause or occasion offered by us unexpectedly depart and discharge any further meeting or proceeding in this Assembly under the paine of treason and after seven dayes sitting declare all Acts made or heereafter to be made in this Assembly to be of no force nor strength and that for such causes as are either expressed in his Maiesties former proclamations and so are answered in our former protestations or set downe in the declinatour and protestation presented in name of the Prelats which are fully cleared in our answere made thereto or else were long since proponed by the Commissioner his G. in his eleven articles or demands sent unto us before the indiction of the Assembly and so were satisfied by our answers which his Grace acknowledged by promising after the recept thereof to procure a free generall Assembly with power to determine upon all questions anent the members manner and matters thereof all which for avoyding tediousnesse wee heere repeat Or otherwise the said causes alleadged by the Commissioner were proponed by His Grace in the Assemblie such as first that the Assemblie refused to reade the Declinatour and Protestation exhibited by the Prelats which neverthelesse was publicklie read and considered by the assemblie immediatly after the election of a Moderatour and constitution of the Members before the which there was no assemblie established to whom the same could have been read Next that ruling Elders were permitted to have voyce in the election of commissioners from Presbyteries which was knowne to His Grace before the indiction and meeting of the assembly and is so agreeable to the acts and practise of this church inviolably observed before the late times of corruption that not one of the assembly doubted thereof to whom by the indiction and promise of a free assembly the determination of that question anent the members constituent propertie belonged And last that the voyces of the six Assessors who did sit with His Grace were not asked and numbered which we could not conceive to bee any just cause of offence since after 39. Nationall assemblies of this reformed church where neither the Kings Maiestie nor any in his name was present at the humble and earnest desire of the assembly His Maiesty graciously vouchsafed His presence either in His owne Royall Person or by a commissioner not for voting or multiplying of voyces but as Princes and Emperours of old in a Princely manner to countenance that meeting and to preside in it for externall order and if Wee had been honoured with His Maiesties Personall presence His Maiestie according to the practice of King James of blessed memorie would have only given his own Iudgment in voting of matters and would not have called others who had not been cloathed with commission from the church to carry things by pluralitie of voyces Therefore in conscience of