the holding of frequent Assemblies in that Countrey but alwayes by the kings permission as a meane whereby both doctrine and discipline might be maintained without disturbance and much good thereby procured in the Church of God yet these very arguments of theirs doe declare that they onely perswade it by way of aduise as a thing very conuenient and did not set it downe as a rule of necessitie and an infallible law Next as to the warrant of our Law in that kingdom It is first to be generally obserued that no priuiledge that any King giues to one particular body or state within the kingdome of conuening consulting among themselues is to be vnderstood to bee Priuatiuè giuen vnto them and so the King therby depriuing himselfe of his own power and prerogatiue but onely to be giuen Cumulatiuè vnto them as the Lawyers call it without any way denuding the King of his owne power and authority As for an instance which hath bene too frequent in all this I le these yeeres past sauing the pleasure of God Euery Burgh Regall haue their owne times of publike mercates allowed vnto them by the Law and the Kings priuilege but when the plague happened in any of these townes did not we by proclamation discharge the holding of the mercate at that time for feare of infection and yet thereby did no preiudice to their priuiledges neither did any of them ineptly murmure much lesse enter into that high contempt as to say they would obey the Kings Lawes in keeping their priuiledges and not the particular restraint thereof at that time for necessary causes And as to the nature of their particular priuiledge in holding of assemblies they haue in this their last pretended Assembly broken the limitations of that priuiledge that is clearely set downe in the first Acte of the Parliament in the 92. yeere which is the latest and clearest warrant for their Assemblie For there it is specially prouided That as wee giue them licence for holding of their Assemblies once in the yeere or ofter as occasion shall require which proues that all their power onely proceeds from vs So must it not bee conuened without our owne presence or then of our Commissioner nor no day nor place set downe for the next Assemblie but by Our or our Commissioners appoyntment except we bee not pleased neither to goe in our owne person neither to send any for assisting the sayd Assembly And how these limitations haue bene obserued by them at this time let the world iudge first in not onely refusing the presence of our Commissioner but most contemptuously and iniuriously barring the doore vpon him and next in setting downe the dyet of the next Assembly without either his priuitie or consent And as to the third point of their iustifying themselues by the warrant of the constitution custome of their owne Church we would know what warrant they haue for holding of a new assembly without the presence either of the moderator of the last or of the ordinarie clarke of the assembly The Clark specially at that instant being dwelling in the same towne where they conuened For their custome hath euer bene that the moderator should call for all the Commissioners name by name should see their commissions frō their Presbyterie should giue them the lytis for election of a newe moderator and make their names the parties being remoued freely to be voted among them but first of all the moderator ought to preach vnto them and out of the word of God teach them their duetie at that meeting But as this their pretended Assembly was kept in contempt of our authoritie royall So had it praysed be God no beginning at the word of God without the which order in their proceeding we would know what might let as many sundrie generall Assemblies to be conuened at one time in diuerse places of that countrey as there are seuerall numbers of ninteene ministers through the countrey And so there should be at one instant farre moe generall Assemblies in Scotland one against another then euer there was Popes in one time in our aduersarie Church And if they would alledge that the straitnesse of these euill dayes wherein they liue compelled them to omit diuerse of their auncient and lowable customes that cannot but imply a direct accusation of our tyrannie for which this answere may suffice That besides our knowen sinceritie in religion and constant loue to do Iustice to all our people They can neuer alledge that they did so much as to send a petition either to our selfe or in respect of our absence to our Counsell there for permission of this Assembly For whereas they alledge that this day was continued by vs and the Commissioners of the Church without affixing a new dyet we thinke the least they could haue done had bene humbly to haue craued the appointing of a new dyet and patiently to haue expected either our answere or our Counsels thereupon rather then by this their outrageous contempt to haue proclamed either our vniust persecution of them or else which is the truth their arrogant and seditious disobedience And lastly how carefully they respected the weale of their Church in this course it is manifest to the world First by needlesse irritating against them their ancient lawfull religious and most mercifull King whereas they might haue come to their owne end by their mild behauiour and due obedience And next by making as needlesse a separation betwixt all the rest of their learned wise graue and duetifull brethren and them who for their parts are in this case according to their qualitie as farre lightlied and disgraced by them as we are disobeyed And thirdly by bringing on a publike scandall hereby vpon their profession as rebellious to so religious and iust a King whereby the aduersaries of our religion who like roaring Lions goe about to watch such opportunities may fill their new bookes and pamphlets with such scandalous memorials against our religion And lastly what charitie they haue by this their behauiour vsed towards their puritane brethren in this countrey they themselues may easily gesse hauing by this their contempt done nothing else but animated and spurred vs to the straiter animaduersion and order taking with them lest otherwise as they are both fauourers of one discipline so they may some day by their example if they had as great libertie giue proofe of their like disobedience and contempt of our authoritie NOw leauing it to euery one to obserue both the Patience and Pietie of a most puissant Prince His Patience that after so great a contempt committed by so meane base and abiect persons who were neuer any way remarkable as men of great gifts but were specially noted of too great a desire to bee made famous if by no other meanes yet at least by their troubling and ouerturning of matters And although his Maiestie had most iust cause of offence against some of them for their great ouersight in former
of their assemblies and ouerthrow of their discipline by the deserting of that assembly once appointed let the world iudge since not onely his Maiesties zeale and care for the maintenance of the Religion is well knowen to all men but euen in speciall his great loue to this people in not intending to lay vpon them any new formes or ceremonies is well manifested of late by that Proclamation which his Maiestie hath caused to be published for clearing of all such doubts out of his peoples heart The tenour whereof followeth WHereas we haue euer since it pleased God to establish vs in the Imperiall Crowne of great Britaine equally regarded the good of both the late Kingdomes of Scotland and England now happily vnited in our royall person in one Monarchie euer minding to maintaine and continue the good and lowable customes and Lawes whereby each of them hath bene these many ages so worthily gouerned neuerthelesse some malitious spirits enemies to that common tranquillitie so much desired by vs forgetting the many proofes both publique and priuate which we haue giuen of that our gratious affection to that our natiue and ancient countrey of North Britaine of the freedome libertie and priuiledges whereof we haue at all occasions taken so speciall a patrociny as the solemne assemblies of the Estates of South-Britaine and Commissioners from the Estates of both Kingdomes haue bene eye witnesses haue not bene ashamed to labour to peruert the minds of our best affected Subiects That whereas the insolent and factious cariage of some of them hath merited most seuere animaduersion the would insinuate themselues in the commiseration of the multitude by assuming vnto them a glorious profession of the maintayning of the Priuiledges and auctorised Discipline intended by vs as they affirme to be vtterly ouerthrowne by a suddaine and vnseasonable laying vpon them at this present the Rites Ceremonies and whole Ecclesiasticall order established in the Church of this part of our Kingdome of Britaine And as we haue euer carefully regarded how conuenient it is to maintaine euery Countrey in that forme of gouernment which is fittest and can best agree with the constitution thereof and how dangerous alterations are without good aduice and mature deliberation and that euen in matters of order of the Church in some small Ilands vnder our Dominions we haue abstained from suffering any alteration So doubt we not but our good Subiects will neuer be that credulous contrary to the knowen trueth which hath euer appeared clearely in all our Actions as to bee in any doubt but as in all our proccedings we haue bene a Patrone of Religion and Iustice two inseparable conseruers of all Monarchies So hath all our study and care euer bene to retrench and reforme all courses that caried any preiudice to that integritie whereat wee haue euer aymed and as by so many good Lawes set forth in our gouernment Iustice hath attained to another perfection and splendor then it had in any our predecessours times and with painefull and vnpleasant businesse we haue in the discipline of the Church taken away innumerable abuses and corruptions which if they had not bene remedied had brought the puritie of Religion in extreeme danger Yet wee hope that none dare be so impudent as to affirme that by our Soueraigne power or absolute commandement wee did the same although wee enioyed our auctoritie a freely as any King or Monarch of the world but as the disease of the Ciuill body was euer cured by the aduice of our three Estates So the defects of the Church by the helpe and counsell of those who had greatest interest in them So as the presumption of our by-gone actions in our administration whiles we were present the proofe of our fatherly care towards that part of our Kingdome since our residence here may bee sufficient to secure vs against all such malitious calumniations And how euer in rule of pollicie wee cannot but iudge it conuenient that two Estates so inseparably conioyned should be drawen to as great conformitie in all things as the good of both may permit And that no Monarchy either in Ciuill or Ecclesiasticall pollicie hath yet attained to that perfection that it needs no reformation or that infinite occasions may not arise whereupon wise Princes will foresee for the benefit of their States iust cause of alteration Yet are wee and haue euer bene resolued not to make any suddaine or hasty change in the gouernment of that part of our Kingdome either Ciuill or Ecclesiasticall but with graue aduice and consent of our Estates and the wisest and best sort of them whom it most properly concerns much lesse to trouble them with any vnnecessary alteration of indifferent and Ceremoniall matters and that vpon such foreseene aduantages and preuention of confusion and euill to come as the greatest enemies of all Peace obedience to Princes and order in all gouernments shall not obtrude any inconuenient to the contrary And as by Gods holy assistance we haue drawen that part of our Kingdome out of infinite troubles factions and cruell barbarities and reduced the vttermost borders and confines thereof to Gods obedience and acknowledging of our Lawes an Estate neuer heard of before since this Iland hath bene inhabited So by the same diuine prouidence and our fatherly care ouer the whole Iland we intend to transmit the same in good order happy quietnesse and flourishing pollicie to that posteritie wherewith God hath blessed vs and after them to the worlds end Like as for the more verification of our Honourable intention and to stop the mouthes of these vnquiet spirits raysors of that false scandall of alteration We haue appointed a generall assembly to be holden at Dundee the last Tuesday of Iuly whereat we expect reparation of those disorders in so farre as belongeth to their censure and to bee freed in time comming of all such calumnies Giuen at our Honour of Hampton Court the xxvj day of September 1605. yeeres In the third yeere of our raigne of Great Britaine France and Ireland AFter the publication and imprinting of which Proclamation for indiction of a new assembly it being still hoped by vs that those Ministers remayning in Ward vpon the sight of their owne offences with repentance for the same should humbly haue besought his Maiestie for pardon yet did their obstinacie still continue iustifying all their proceedings as if they had committed no crime at all Whereupon wee of his Maiesties Counsell fearing the imputation of vnduetifull and vndiligent seruants if by this our procrastination vpon vaine hopes of the triall of their offence wee should leaue it vnder the hazard of euery ones censure to be iudged by the multitude according as their particular conceits should lead them It was therefore thought meete to call them to their answere before vs for that their most seditious proud and contemptuous disobedience to his Maiesties commandement and prohibition Being called vpon and all present and enquired what defence they would make for
for holding of a new Assembly Vpon the receipt of the which Letter the said Commissioners of the Assembly by their Missiues directed vnto all the Presbyteries of the Kingdome certified them of his Maiesties pleasure and will concerning the deserting of that Meeting Willing them that they should not in any case send their Commissioners to keep that day formerly appointed and now by his Maiesties warrant deserted but that they should expect the appointing of a new day and place for keeping of an Assembly But so farre were some of the Ministerie from making any accompt of his Maiesties directions a thing most detestable in any subiect much more in any of the Ministerie whose Doctrine Life and whole Actions ought to be Lanternes to others of all dutifull obedience to their Prince as by the contrary in plaine contempt thereof most seditiously they conuened at Aberdene And being guiltie to themselues of their owne inhabilitie vnworthinesse and small giftes conioyned with a bad inclination they being in despaire that in doing good they should euer become memorable and ouerruled with a burning desire of vaine glory resolued by ouerthrowing the gouernment of this Church and by inducing all disorder thereinto to make themselues at least for their euill famous with that sometime burner of the Temple at Ephesus And howsoeuer the aduertisement of his Maiesties Pleasure and will for the deserting of the said Assembly sent by the Commissioners was dutifully receiued and willingly obeyed by the whole Presbyteries almost of this Kingdome Yet some fewe Ministers not exceeding the number of eighteene or ninteene persons at most ouer-ruling the rest of their poore brethren of their eight or nine seuerall Presbyteries ouer whome by reason of their said brethrens simplicitie and their owne craftinesse they had got in time past very much aduantage had them in a manner tyed to their girdles to consent to any thing whatsoeuer so brought it to passe as by their procurement the Declaration of his Maiesties pleasure was contemned and they themselues chosen Commissioners to that Meeting which by his Highnesse commandement was deserted And wee of his Maiesties Counsell fearing that the presumption of these fewe howsoeuer in words professing yet in their deedes directly impugning his Maiesties Authority Royall vnder a coloured pretext of their zeale to Religion which alas is now most detestably abused as an ordinarie couer and excuse for euery treason and trespasse thus conuening without regard of his Maiesties command made to the contrary might be a dangerous preparatiue to the whole Estate considering that those who should be the teachers of others were now become the onely violators of their obedience to their most gracious and religious Souereigne Therefore wee directed Sir Alexander Strayton of Lawrenston Knight to the said Borough of Aberdene with speciall warrant and commandement to prohibite and discharge that fewe number of Ministers from conuening at all and also by a speciall Missiue written vnto them wee signified his Maiesties pleasure concerning the deserting of that Diet. Notwithstanding the publication of which charge at the Market Crosse of Aberdene the day before their meeting they being all in Towne and of the deliuerie of our Letter the next day thereafter they being all conuened were so farre from carying any respect to the charge which was directed and executed in his Maiesties name or to the Missiue sent from vs or to the bearer being his Maiesties Commissioner in Church affaires as the first being contemned directly the Letter was superficially answered and the bearer whose presence at all their doings was ordinarily most necessarie was neuerthelesse at this time excluded foorth of dores all the time of their keeping that Assembly till the end thereof A particular relation of all which circumstances being faithfully made to his Maiestie his Highnesse tooke occasion with his owne hand to pen a Declaration whereby not onely all pretext of excuse or defence which may be pretended by these Ministers is clearely refuted but also their proud contempt and disobedience is made so manifest as we do fully assure our selues no scruple of doubt will remaine with any who is not peruersly preoccupyed to distrust all veritie The Declaration wee haue presumed to insert in this place as it came from his Maiestie himselfe and is this BEcause this vnruly handfull of Ministers that made the fashion of keeping of this pretended Assemblie together with their Associates and Allowers do so much bragge of the equitie of their cause and wilfully maintaine that the ground of their proceedings was most iust and necessarie and if any errour was therein it was onely in forme which proceeded out of necessitie in respect of the vnlawfull restraint of their liberty as they alledge we haue herefore thought good to set downe most succinctly and shortly the vine Anatomie of their actions and the true state of their cause to the intent that power being ioyned to reason as euer hath bene our constant forme of proceeding in all our gouernment their nakednesse being truely discouered the due punishment to be inflicted vpon them may the better appeare in their owne colour as well as their transgression And therefore whereas they bragge of warrant of conscience warrant of lawe the due obseruation of their owne customes and liberties and the respect of the weale of the Church as the true Motiues of this their vnruly and seditious contempt The contrary of all these shall bee made clearely to appeare And first for warrant of conscience for their generall Assemblie which they terme the Counsell of God in the whole olde Testament they will not claime to any warrant of a generall Assemblie And in the whole newe Testament they can alleage no warrant for generall Assemblies but that conuention of the Apostles at Ierusalem mentioned in the Acts of Apostles which indeed was an vniuersall counsell of the whole Church and no wayes like to a particular Scots generall Assemblie and therefore they must leaue the Scripture and haue recourse to the example of the Primitiue Church for warrant of particular Nationall Counsels To which warrant we are assured that they will be ashamed to claime in regard many Rites and Ceremonies such as Vestiments Crosse and Confirmation will bee found in the same Primitiue Church which they do vtterly abhorre And since the Emperours how soone they became Christians had the onely vndoubted authoritie in their persons of conuening generall Counsels which neuer was taken from them while the Pope ascended to the height of his abominations how much lesse ought that authoritie bee denied to a Christian Monarch in the assembling of a Nationall Councell of his owne Subiects who hath farre greater and iuster Dominion ouer his owne people then any vsurping Emperor could claime ouer the face of the whole Earth And if they will alleadge the new purest writers of our dayes professours of our Religion That by their missiue Letter both to the Prince and State of the Church of Scotland they haue wished
themselues either to iustify or excuse that their intollerable riot and contempt first by speach and then by writ they gaue in the declinator following as disclayming themselues altogether from any subiection to his Maiestie and his Counsell making all their actions of whatsoeuer sort by their owne interpretation to be meere Spirituall and that their meeting the second of Iuly last at the Borough of Aberdene was such an essentiall Ecclesiasticall matter warranted by Gods word that therein they did no offence And if any they had done the Counsell of any secular Prince was no way to iudge them but their owne assembly A most lewd vaine position It beeing a certaine and infallible Maxime in the Law that their answer could not exceed the limits of the Libell and accusation And therefore they being onely accused at that time for such a priuate and vnlawfull misdemeanour their declinator could not but directly deny his Maiesties auctoritie in that particular point Whereof we haue likewise set downe the tenour MY Lords of secret Counsell Pleaseth your Lordships The approbation or disallowance of a generall Assembly hath bene and should bee a matter and cause Spirituall and alwayes cognosced and iudged by the Church as Iudges competent within this Realme And seeing wee are called before your Lordships to heare and see it be found and declared That wee haue very contemptuously and seditiously conuened and assembled our selues in a generall Assembly at Abeirdein the first Tewsday of Iuly last and therefore the said Assembly and approbation thereof decerned and declared to bee vnlawfull as at more length is conteined in the summonds executed against vs thereanent We in consideration of the premisses and other reasons to be giuen by vs haue iust cause to decline your Lordships iudgement as no wayes competent in the cause aboue specified And by these presents we simpliciter decline the same Seeing wee are most willing to submit our selues to the triall of the generall Assembly onely Iudge competent By these presents Subscribed with our handes as followeth At Edinburgh the 24. day of October the yeere of God 1605. yeeres Sic subscribitur M. Iohn Forbes M. Iohn Welsche M. Ion Monro M. Androe Duncane M Alexander Stranchane M. Iames Greig M. William Forbes M. Robert Yongston M. Nathan Inglis M. Charles Ferme M. Iames Irwing M. Iohn Scharp M. Robert Durie Iohn Rosse THis Declinator being repelled and they hauing vsed some other friuolous defences with more losse of time then vttering of any matter at last all being repelled they were found to haue conuened most vnlawfully contrary to his Maiesties warrant and charge giuen to the contrary And being returned to their seuerall prisons vpon aduertisement giuen to his Maiestie of the whole proceedings in that Processe before the Counsell and of that proud presumption of those ministers in propounding the said Declinator without any respect to that Acte of Parliament made in Maij 1584. or any paine which they incurred by doing therof which was That any persons either Spirituall or Temporall presuming to decline the Iudgement of his Maiestie and his Counsell in any matter whatsoeuer shall incurre the paine of Treason therefore his Maiestie presently sent his Royall direction to his Counsell that the ordinary course of Iustice according to the Lawes of this his Highnesse Realme should proceede against those ministers who by the propounding of that Declinature had made a plaine denyall of their subiection to his Maiestie and of his Royall power and Authoritie ouer them Whereupon sixe of them being then in prison within the Castle of Black-nesse were vpon the tenth of Ianuarie last brought to his Maiesties Borough of Lynlithgrw and there presented vpon panel before his Highnesse Iustice being the ordinarie Iudge of all matters Criminall who had ioyned to him a great number of Noblemen and others of his Maiesties Counsell by his Highnesse Commission to assist the said Iustice in that matter And their Inditement being grounded vpon that first Statute made in Maij 1584. and vpon that their presumptuous Fact in declining the Counsels iudgement when they were first brought to their answere they were then demanded what they could say for themselues before the matter should passe to the tryall of a Iurie And notwithstanding that some of their owne brethren vpon earnest request to the Counsell hauing obtained Licence permission to conferre with them and perswade them to an humble submission and penitence as likewise that their two principall Procurators and Counsellors at Law not being able to perswade them to this same course of humility wherein they dealt with them earnestly did vpon their obstinacie directly refuse to pleade for them and lastly notwithstanding that they were publikely admonished by the Iudge the very time of their standing at the Barre that putting off that maske ot wilfulnesse the onely thing which so blinded them from sight of their owne follies they would humbly craue his Maiesties pardon of whose great Clemencie in case of their submission all that were present had very great hopes and vttered great assurances Yet such was their malignant and indurate obstinacie as hardening their hearts against all these publicke and priuate perswasions and admonitions they wilfully persisted in iustifying their Actions Hauing still the assistance of so many Counsellours at Law as would stay with them and the only thing they could alledge for themselues why they should not go to the tryall of an Assise was that the said Statute of Maij 1584. was thereafter interpreted and limitted by a particular clause of a Statute made in 1592. wherein it is declared that the said Act made in 1584. against the declyning of the Counsels iudgement shall no way be preiudiciall nor derogate any thing to the priuiledges which God hath giuen to the Spirituall office-bearers in the Church concerning heads of Religion matters of Heresie Excommunication collation or depriuation of Ministers or any such like essentiall Censures specially grounded and hauing the warrant of the word of God And herein they doe alleadge that their meeting at that time in Aberdene being an essentiall censure warranted by Gods word they might lawfully decline the Counsels iudgement from taking cognition therein Whereunto it was answered by his Maiesties Aduocate of that his Highnes Kingdome That that their defence was to be repelled because the keeping of an Assembly at a certaine time and place and the appointing of another assembly of new contrary to his Maiesties charge and against the will and command of his Highnesse Counsell of this Kingdome and notwithstanding of the disassenting of his Maiesties Commissioner much lesse the keeping of that petty Conuenticle in the towne of Aberdene that second of Iuly last past is not any head of Religion matter of Heresie Excommunication or essentiall Censure whatsoeuer and so being no way vnder that limitation must of all necessitie come vnder the generalitie of the former Statute in the 84. and they must haue incurred the paine of Treason for declining the Counsailes Iudgement being called to their answere vpon their contempt And likewise in that same very clause of interpretation of the former Acte howeuer it is declared that the sayd Statute shall no way make derogation to the Priuiledge that the office bearers in the Church haue giuen them concerning Religion Heresie and other Ecclesiasticall censures wherein his Maiestie will be euer farre from the assuming vnto himselfe any Papall and tyrannicall Authoritie ouer the expresse word of God Yet doeth not that clause inferre such a Priuatiue of his Maiesties Souereigntie as may denude him of that lawfull power which Christian Kings haue ouer the Churches that are within their dominions The matter going to the triall of an Assise these sixe are found guilty of high treason and returned to their seuerall prisons And therfore as hereby this proud contempt and disobedience of this small handfull of ministerie to the very great griefe and sorowe of all the well disposed of that profession in this kingdome is clerely and truely set downe that the ignorance thereof should not be the occasion of mistaking by any of the most iust and necessary causes enforcing this hard proceeding against them so are the said wilfull and obstinate persons to be left to their iust punishment for their deserts whereunto they haue most contentiously constrained his Maiestie and in a maner extorted the same against his will And neuerthelesse since there is no contempt whatsoeuer but hath the owne fauourers no folly but by some patronised and allowed and that vpon vaine curiositie notwithstanding of their knowledge to the contrary some will not sticke to maintaine Paradoxes and defend absurdities which howsoeuer in matters friuolous and of no moment might be ouerslipt not regarded yet in such matters concerning his Maiesties royall Auctoritie and the excusing or iustifying of high and proud contempts by any sort or ranke of persons so farre should wee of his Highnesse counsell in our duety and alleageance to our Prince and Souereigne bee from any sort of carelesnesse or negligence as hereby wee haue thought meete to signifie his Maiesties speciall pleasure and wil that he doeth streightly command charge all his Highnes subiects of this his Kingdome of whatsoeuer ranke place calling function or condition they be that none of them presume to take vpon them either in publique or priuate to murmure or call in question in any sort this his Maiesties prerogatiue and auctoritie Royall or the lawfulnes of this proceeding against the said Ministers or any way to make constructions or to mis-interprete that acte of Parliament of the yeere 1584. concerning the declining of his Maiesties and his Counsels iudgment otherwise then the same is made cleare and manifest by this present decision of the Iustice in the triall of the said Ministers with certification to them that shall contrauene the same that they shal be really punished in the qualitie of seditious persons and wilfull contemners of his Maiesties most iust and lawfull gouernment Giuen at Edinburgh the seuenth day of March Jn the third yeere of his Maiesties raigne of great Britaine France and Jreland 1606.