consciences will not suffer us to imbrace and practise this urged Service VVe have this long time past winked at some former alterations being put in hope that no further novations should follow But now we being oppressed with our just feares to see our selves deprived of that libertie in serving God which ever hath beene approved by Church and Kingdome In place whereof we are now like to be constrained to imbrace another which hath neither been agitated nor received either by generall Assemblie or Parliament In such extremitie we are most humbly to supplicate your Lordship to consider our present estate and that this businesse is a matter of so great weight and consequence as should not appeare to bee a needlesse noyse of simple women but it is the absolute desire of all our hearts for preservation of true Religion amongst us which is dearer to us then either estate or life And therefore we do humbly crave that as the rest of the Kingdome so we may have a time to advise and that your Lordship may find out some way whereby wee may be delivered from the feare of this and all other innovations of this kinde and have the happinesse to injoy the true Religion as it hath beene by the great mercie of God reformed in this land and authorised by his Majestie who may long and prosperously Reigne over us And your Lordships answer Their Petition to the Councell followes My Lords of Secret Councell UNto your Lordships humbly shews VVe Noblemen Barons Ministers Burgesses and Commons That whereas we were in humble and quiet manner attending a gracious answer of our former supplications against the Service Book imposed upon us and readie to shew the great inconveniences which upon the introduction thereof must ensue we are without any knowne desert farre by our expectation surprised and charged by publike Proclamation to depart out of the town within twentie foure houres thereafter under paine of Rebellion by which peremptorie and unusuall charge our feares of a more severe and strict course of proceeding are augmented and course of our supplication interrupted wherefore we are constrained out of the deep griefe of our hearts humbly to remonstrate that whereas the Arch-bishops and Bishops of this Realme being intrusted by his Majestie with the government of the affaires of the Church of Scotland have drawne up and set forth and caused to be drawne up and set forth and injoyned upon the subjects two Books In the one whereof called the Book of Common prayer not onely are sowne the seeds of divers Superstitions Idolatrie and false doctrine contrarie to the true Religion established within this Realme by divers Acts of Parliament But also the Service Booke of England is abused especially in the matter of Communion by additions subtractions interchanging of words and sentences falsifying of titles and misplacing of Collects to the disadvantage of Reformation as the Romish Masse is in the more substantiall points made up therein as we offer to instruct in time and place convenient quite contrarie unto and for reversing the gracious intention of the blessed Reformers of Religion in England In the other book called Canons and Constitutions for the government of the Church of Scotland they have ordained That whosoever shall affirme that the forme of worship inserted in the Booke of Common Prayer and Administration of the Sacraments whereof heretofore and now we most justly complaine doth containe any thing repugnant to the Scriptures or are corrupt superstitious or unlawfull in the service and worship of God shall be excommunicated and not be restored but by the Bishop of the place or Archbishop of the Province after his repentance and publicke revocation of this his wicked errour Besides one hundred Canons moe many of them tending to the reviving and fostering of abolished superstitions and errours and to the overthrow of our Church Discipline established by Acts of Parliament opening a doore for what further invention of Religion they please to make and stopping the way which Law before did allow unto us for suppressing of errour and superstition And ordaining That where in any of the Canons there is no penalty expresly set down the punishment shall be arbitrary as the Bishop shall think fittest All which Canons were never seen nor allowed in any Generall Assembly but are imposed contrary to order of law appointed in this Realm for establishing Constitutions Ecclesiasticall unto which two books the foresaid Prelates have under trust procured his Majesties Royall hand and Letters Patents for pressing the same upon his loyall subjects and are the Contrivers and Devisers of the same as doth clearly appear by the Frontispice of the Book of Common Prayer and have begun to urge the acceptance of the same not onely by injunctions given in Provinciall Assemblies but also by open Proclamation and charge of Horning whereby we are driven in such straites as we must either by Processe of Excommunication and Horning suffer the ruine of our estates and fortunes or else by breach of our Covenant with God and forsaking the way of true Religion fall under the wrath of God which unto us is more grievous then death VVherefore we being perswaded that these their proceedings are contrary to our gracious Soveraign hispious intention who out of his zeale and Princely care of the preservation of true Religion established in this his ancient Kingdome hath ratified the same in his Highnesse Parliament 1633 And so his Majestie to be highly wronged by the said Prelates who have so farre abused their credit with so good a King as thus to insnare his subjects rend our Church undermine Religion in Doctrine Sacraments and Discipline move discontent between the King and his subjects and discord between subject and subject contrary to severall Acts of Parliament VVe out of bound duty to God our King and native Countrey complain of the foresaid Prelates humbly craving that this matter may be put to tryall and these our parties taken order with according to the lawes of the Realm And that they be not suffered to sit any more as Judges untill the cause be tryed and decided according to Justice And if this shall seeme to bee to you a matter of higher importance then you will condescend unto before his Majesty bee acquainted therewith Then wee humbly supplicate that this our grievance and complaint may be fully represented to his Majestie That from the influence of his Gracious Soveraigntie and Justice these wrongs may bee redressed and wee have the happinesse to injoy the Religion as it hath beene reformed in this Land IN this Petition it is worthy the observing that they complaine of the mangling of the English Service Booke and of the abuses offered unto it and the wronging of the intentions of the blessed Reformers of Religion here in this Kingdome whereas in their Sermons and ordinarie discourse they doe usually inveigh against the Service Booke here for being stuffed with Superstition and Poperie and that the first Reformers
his profane Sacrifice for the sins of the dead and the quick his Canonization of men calling upon Angels or Saints departed worshipping of Imagerie Relicks and Crosses dedicating of Kirks Altars Daies Vowes to creatures his Purgatorie praiers for the dead praying or speaking in a strange language with his Processions and blasphemous Letanie and multitude of Advocates or Mediators his manifold Orders Auricular Confession his desperate and uncertaine repentance his generall and doubtsome faith his satisfactions of men for their sins his justification by works opus operatum works of supererogation Merits Pardons Peregrinations and Stations his holy VVater baptising of Bels conjuring of Spirits crossing saning anointing conjuring hallowing of Gods good creatures with the superstitious opinion joined therewith his worldly Monarchy and wicked Hierarchie his three solemne vowes with all his shavelings of sundry sorts his erroneous and bloudie decrees made at Trent with all the subscribers and approvers of that cruell and bloudie Band conjured against the Kirk of God and finally we detest all his vain Allegories Rites Signs and Traditions brought in the Kirk without or against the VVord of God and Doctrine of this true reformed Kirk to the which we joyne our selves willingly in Doctrine Faith Religion Discipline and use of the Holy Sacraments as lively members of the same in Christ our Head promising and swearing by the Great Name of the Lord our GOD that we shall continue in the obedience of the Doctrine and Discipline of this Kirk and shall defend the same according to our vocation and power all the dayes of our lives under the paines contained in the Law and danger both of body and soule in the day of Gods fearfull Judgement and seeing that many are stirred up by Satan and that Romane Antichrist to promise sweare subscribe and for a time use the Holy Sacraments in the Kirk deceitfully against their owne consciences minding thereby first under the externall cloake of Religion to corrupt and subvert secretly Gods true Religion within the Kirk and afterward when time may serve to become open enemies and persecuters of the same under vaine hope of the Popes dispensation devised against the Word of God to his greater confusion and their double condemnation in the day of the LORD JESUS We therefore willing to take away all suspition of hypocrisie and of such double dealing with God and his Kirk Protest and call The Searcher of all hearts for witnesse that our minds and hearts do fully agree with this our Confession Promise Oath and Subscription so that we are not moved for any worldly respect but are perswaded only in our Consciences through the knowledge and love of Gods true Religion printed in our hearts by the holy Spirit as we shall answer to Him in the day when the secrets of all hearts shall be disclosed And because we perceive that the quietnesse and stability of our Religion and Kirk doth depend upon the safety and good behaviour of the Kings Majestie as upon a comfortable instrument of Gods mercy granted to this Countrey for the maintaining of His Kirk and ministration of Justice amongst us wee protest and promise with our hearts under the same Oath Hand-writ and paines that wee shall defend His Person and Authority with our goods bodies and lives in the defence of Christ his Evangel Liberties of our Countrey ministration of Justice and punishment of iniquity against all enemies within this Realme or without as we desire our God to be a strong and mercifull Defender to us in the day of our death and comming of our Lord Jesus Christ To whom with the Father and the Holy Spirit be all honour and glorie eternally LIke as many Acts of Parliament not onely in generall doe abrogate annull and rescind all Lawes Statutes Acts Constitutions Canons civill or Municipall with all other Ordinances and practicke penalties whatsoever made in prejudice of the true Religion and Professours thereof Or of the true Kirk discipline jurisdiction and freedome thereof Or in favours of Idolatrie and superstition Or of the Papisticall Kirk As Act. 3. Act. 31. Parl. 1 Act. 23. Parl. 11. Act. 114. Parl. 12. of King James the sixt That Papistrie and Superstition may be utterly suppressed according to the intention of the Acts of Parlament reported in Act. 5. Parl. 20. K. James 6. And to that end they ordaine all Papists and Priests to be punished by manifold Civill and Ecclesiasticall paines as adversaries to Gods true Religion preached and by law established within this Realme Act. 24. Parl. 11. K. James 6. as common enemies to all Christian government Act. 18. Parl. 16. K. James 6. as rebellers and gainstanders of our Soveraigne Lords authoritie Act. 47. Parl. 3. K. James 6. and as Idolaters Act. 104. Parl. 7. K. James 6. but also in particular by and attour the Confession of faith do abolish and condemne the Popes authoritie and jurisdiction out of this land and ordaines the maintainers thereof to be punished Act. 2. Parl. 1. Act. 51. Parl. 3. Act. 106. Parl. 7. Act. 114. Parl. 12. K. James 6. do condemne the Popes erroneous doctrine or any other erroneous doctrine repugnant to any of the Articles of the true and Christian Religion publikely preached and by Law established in this Realm And ordaines the spreaders and makers of Books or Libels or Letters or writs of that nature to be punished Act. 46. Parl. 3. Act. 106. Parl. 7. Act. 24. Parl. 11. K. James 6. doe condemne all Baptisme conform to the Popes kirk and the idolatry of the Masse and ordaines all sayers wilfull hearers and concealers of the Masse the maintainers and resetters of the Priests Jesuites traffiquing Papists to be punished without any exception or restriction Act. 5. Parl. 1. Act. 120. Parl. 12. Act. 164. Parl. 13. Act. 193. Parl. 14. Act. 1. Parl. 19. Act. 5. Parl. 20. K. James 6. do condemne all erroneous books and writs containing erroneous doctrine against the Religion presently professed or containing superstitious Rites and Ceremonies Papisticall whereby the people are greatly abused and ordaines the homebringers of them to be punished Act. 25. Parl. 11. K. James 6. do condemn the monuments and dregs of bygane Idolatrie as going to Crosses observing the Festivall dayes of Saincts and such other superstitious and Papisticall Rites to the dishonour of God contempt of true Religion and fostering of great errour among the people and ordaines the users of them to be punished for the second fault as Idolaters Act. 104. Parl. 7. K. James 6. Like as many Acts of Parlament are conceived for maintenance of Gods true and Christian Religion and the puritie thereof in Doctrine and Sacraments of the true Church of God the libertie and freedome thereof in her Nationall Synodall Assemblies Presbyteries Sessions Policie Discipline and Jurisdiction thereof as that puritie of Religion and libertie of the Church was used professed exercised preached and confessed according to the reformation of Religion in this Realm As for instance
this assemblie under the paine of treason and after seven dayes sitting declare all Acts made or hereafter to be made in this Assemblie 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 answer made thereto or else were long since proponed by the Commissioner his Grace 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 avoiding tediousnesse we here repeat Or otherwise the said causes alleadged by the Commissioner were proponed by His Grace in the Assemblie such as first that the â—ssemblie refused to reade the Declinatour and Protestation exhibited by the Prelats which neverthelesse was publickly read and considered by the assemblie immediately 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 voice 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 practice of this Church in violably 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 voices of the six Assessors who did sit with His Grace were not asked and numbered which we could not conceive to be any just cause of offence since after 39. Nationall assemblies of this reformed church where neither the Kings Majestie nor any in his name was present at the humble and earnest desire of the assembly His Majestie graciously vouchsafed His presence either in His owne Royall Person or by a Commissioner not for voting or multiplying of voices 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 Majesties Personall presence His Majestie according to the practice of King James of blessed memorie would have onely given his owne Iudgement 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 voices Therefore in conscience of our duty to God and his truth the King and his honour the Church and her liberties this Kingdome and her peace this Assemblie and her freedome to our selves and our safety to our Posterity Persons and Estates We professe with sorrowfull and heavie but loyall hearts That We cannot dissolve this Assemblie for the reasons following 1. For the reasons already printed anent the necessity of conveening a Generall Assemblie which are now more strong in this case seeing the Assemblie was already indicted by his Majesties authority did conveene and is fully constitute in all the members thereof according to the Word of God and discipline of this church in the 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 Bookes of this Assemblie which accordingly is done 2. For the reasons contained in the former Protestations made in name of the Noblemen Barons Burgesses Ministers and Commons whereunto We doe now iudicially adhere as also unto the Confession of Faith covenant subscribed sworn by the Body of this Kingdome 3. Because as We are obliged by the application and explication subioyned necessarily to the Confession of Faith subscribed by Vs So the Kings Maiestie and his Commissioner and Privie Councell have urged many of this Kingdome to subscribe the Confession of Faith made in an 1580. and 1590. and so to returne to the doctrine and discipline of this Church as it was then professed But it is cleare by the doctrine and discipline of this Church contained in the book of Policie then registrate in the books of Assemblie subscribed by the Presbyteries of this Church That it was most unlawfull in it selfe and preiudiciall to these priviledges which Christ in his Word hath left to his Church to dissolve or breake up the Assemblie of this Church or to stop and stay their proceedings in constitution of Acts for the welfare of the Church or execution of discipline against offenders and so to make it appeare that Religion and church-Church-government should depend absolutely upon the pleasure of the Prince 4. Because there is no ground of pretence either by Act of Assemblie or Parliament or any preceding practice whereby the Kings Maiestie may lawfully dissolve the Generall Assemblie of the Church of Scotland far lesse His Maiesties Commissioner who by his commission hath power to indict and keep it secundùm legem praxim But upon the contrarie His Maiesties prerogative Royall is declared by Act of Parliament to be no wayes preiudiciall to the priviledges and liberties which God hath granted to the spirituall office-bearers and meetings of this Church which are most frequently ratified in Parliaments and especially in the last Parliament holden by His Maiestie himself which priviledges and liberties of the Church his Maiestie will never diminish or infringe being bound to maintain the same in integritie by solemn oath given at his Royal Coronation in this Kingdome 5. The Assemblies of this Church have still inioyed this freedome of uninterrupted sitting without or notwithstanding 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 Majestie his Commissioner and Councell to stay their processe against Master Robert Montgomerie pretended Bishop of Glasgow or otherwise to dissolve and rise did notwithstanding shew their liberty and freedome by continuing and sitting still and without any stay going on in that processe against the said Master Robert to the finall end thereof And thereafter by letter to his Majestie did shew clearly how far his Majestie had been uninformed and upon misinformation prejudged the prerogative of Jesus Christ and the liberties of this Church and did inact and ordain that none should procure any such warrant or charge under the pain of excommunication 6. Because now to dissolve after so many supplications and complaints after so many reiterared promises after our long attendance and expectation after so many references of processes from Presbyteries after the publick indiction of the Assemblie and the solemn Fast appointed for the same after frequent Convention formall
these eight Articles composed and commanded by their Tables In the second Article they set downe to everie Presbyterie a set forme of a Commission to be made to their Commissioners which was never done before and at the Assemblie when the severall Commissions were read it was observed that all the Commissions were the same verbatim except a verie few from some Presbyteries who would not be ruled by the Table and gave power to their Commissioners to continue no longer in the Assemblie then Wee or Our Commissioner in Our name should continue it In the same Article they will have the Presbyteries in their Commissions to take it pro confesso that the pretended and complained of Innovations are corruptions and disorders disturbing the peace and tending to the overthrow of their Religion and Liberties within the reformed Church of that Realme If this bee not to prejudge and take that for granted which was to be tried by the Assemblie whether it was so or not viz. whether these things complained of were Innovations and corruptions introduced in Religion We must leave it to the Reader to judge In the third Article they appoint Lay-men to sit in Presbyteries which had not beene done for above fortie yeares before Nay and these Lay-men to be equall in number with the Ministers which is contrarie to their owne book of Discipline alledged by them which did then order that the Ministers should alwayes exceed the number of the Lay Elders so that before this time they never were equall in number Nay that these Lay-men should have voices not onely in the chusing of their own Lay Elder but which is insufferable should have suffrage in the Election of the three Ministers Commissioners for the Assemblie which they themselves do know was never heard nor practised in that Church before in the verie first and strictest times of reformation nor ever since In the fourth Article they order a notable trick and device of their owne to bee put in practice whereby they were ascertained that no Minister should bee chosen Commissioner in any Presbyterie where they had any power but such as did undoubtedly concurre with them in their rebellious courses for they appointed and accordingly it was practised that everie man suspected to bee of a different judgement from them should presently bee processe and brought under the scandall of erroneous life or doctrine and so made uncapable of being chosen Commissioner according to which Article there were verie few Ministers in the Kingdome who had not subscribed their Covenant but they were presently suspended by their Presbyterie where they had voices to do it or at the least put under processe by some one or other which could not be prevented for no man can bee denied an originall processe against any man whom he will implead But yet this Article left no evasion if it should happen that such a one should be chosen Commissioner for in this case they ordered that the rest who gave not voices should protest against the election and complaine of it to the Generall Assemblie where they were sure enough to processe him there and lay him aside untill his processe should bee discussed which they did put in practise upon some Ministers who did not concurre in judgement with them at the first sitting downe of the Assemblie The sixth Article is directly against the Constitutions of their Church then in force and till then practised the Moderator of the Presbyterie being constantly one as being most able to give an accompt to the Assemblie of all Presbyteriall actions The seventh Article gives order for practising the above mentioned equivocation and enjoyneth them to make their elections before they received Our answer and that they repaire to Edinburgh immediately after their election that all the Commissioners elected may consult before hand upon what was to be said or done at the Assemblie which is in effect neither more nor lesse then to receive directions from their Tables how to carrie themselves at the Assemblie and indeed to preconveene and hold the Assemblie at Edinburgh before their meeting at Glasgow These were their publike instructions which they were not ashamed to avowe and send abroad from their Tables as it were by publike authoritie to the severall Presbyteries of that Kingdome And whether they do not containe prelimitations of the Assemblie we shall leave it to the Reader to judge But whether if We Our Commissioner or Councell had sent any such directions and instructions to the severall Presbyteries they would not have exclaimed against them as unsufferable prelimitations of that Assemblie and prejudgings of the liberties of the Church of Christ in that Realme Wee do appeale even to their owne consciences And yet these publike instructions are nothing to the private ones which they durst not communicate to all their partie but onely to some one Laick and one Minister their speciall confidents in every Presbyterie of which you shall heare more afterwards in their due place Notwithstanding all these discouragements arising from the disorderly proceedings of the Covenanters in the time of his absence Our Commissioner the day after the time prefixed for his returne viz. the 22. day of September 1638. assembled Our Councell at Our Palace of Holy-rood-house and there first delivered unto them this letter from Us as followeth Apud Holy-rood-house Septemb. 22. 1638. The which day James Marquesse of Hamiltoun His Majesties Commissioner produced and exhibited before the Lords of Privie Councell the two Missives underwritten signed by the Kings Majestie and directed to the said Lords which being read heard and considered by the said Lords They have ordained and ordaines the same to bee inserted and registred in the bookes of Secret Councell therein to remaine ad futuram rei memoriam whereof the tenour followeth CHARLES R. RIght trusty c. being certainly informed that the distractions which have happened of late both in Church and Common-wealth in this Our ancient Kingdome of Scotland have much troubled the minds of many of Our good and loyall subjects and that these distractions have beene occasioned upon jealousies and feares of innovation of Religion and Lawes as tending to the introduction of Poperie and not without some suspicion as if Wee Our selfe were inclined that way Upon occasion whereof many of Our subjects have of late subscribed a band or Covenant for preserving the true Religion and Lawes already established and for defending the Kings person and each others in defence thereof But the same not being warranted by Royall authority as that which was in Our deare Fathers time must needs of it selfe be ineffectuall and much prejudiciall to the ancient Forme and Custome of government kept within that Our Kingdome of Scotland Wherefore Wee out of Our inborne love to Our said native Countrie and for obviating these conceived feares and satisfying of you and all Our loving people have thought good to ordaine the Confession of Faith and band subjoyned thereto of the date at Edinburgh
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
therefore taking to our heart that GOD had justly punished us for the breach of that nationall Covenant made with GOD in Anno 1580. We thought fit to reconcile our selves to him again by renewing the same Covenant And so in obedience to his divine Commandement conforme to the practise of the godly in former times and according to the laudable example of our religious Progenitours warranted by acts of Councell we again renewed our confession of Faith of this Kirk and Kingdome as a reall testimony of our fidelitie to GOD in bearing witnesse to the truth of that Religion whereunto we were sworn to adhere in Doctrine and Discipline of our loyaltie to our Soveraigne and mutuall union among our selves in that cause Which Confession with a sensible demonstration of GODS blessing from heaven was solemnly sworn and subscribed by persons of all ranks throughout this Kirk and Kingdome with a necessar explanation and application for excluding the innovations and corruptions introduced in the Religion and government of this Kirk since the yeare 1580. that so our oath to GOD might be cleare for maintenance of the doctrine and discipline then professed and established and according to the meaning of that time The happie effects of this our resolution and doing have been wonderfull And since that time GODS powerfull hand in the conduct of this businesse hath evidently appeared For after some time upon the continuance of our groanes and supplications our gracious Soveraigne was pleased to send into this Kingdome The noble Lord JAMES Marques of Hamiltoun c. with commission to heare and redresse our heavie grievances who after many voyages to his Majestie and long conferences and treating with us needlesse to be related in this place did in end by commandement from his Majestie indict a free generall Assembly to be holden at Glasgow the twentie one of November last and proclaimed a Parliament to be holden at Edinburgh the fifteenth of May next to come for setling a perfect peace in this Kirk and Kingdome And further to give full assurance to the Subjects that his Majestie did never intend to admit any change or alteration in the true religion already established and professed in this Kingdome And that all his good people might be fully and clearly satisfied of the realitie of his royall intentions for the maintenance of the truth and integritie of the said Religion his Majestie did injoyn and command all the Lords of his privie Councell Senatours of the Colledge of Justice and all other Subjects whatsoever to renew and subscribe the confession of Faith formerly subscribed by King JAMES of blessed memory and his houshold in Anno 1580. and thereafter by persons of all ranks in Anno 1581. by ordinance of the Councell and acts of the generall Assembly and againe subscribed by all sorts of persons in Anno 1590. by a new ordinance of Councell at the desire of the generall Assembly with a band for maintenance of the true Religion the Kings person and each of other in that cause as the Proclamation of indiction being dated at Oatlands the 9. of September published at the Mercat crosse of Edinburgh the 22. of the said moneth more fully proporteth Upon the hearing of which Proclamation These who were attending at Edinburgh and expecting a gracious answer of our former desires as out of bounden dutie they did with all thankfulnesse acknowledge his Majesties gracious favour So out of zeale to GOD and Religion they did protest that they who had by the late Covenant and Confession condescended more specially to the innovations and errours of the time could not after so solemne a specification returne to an implicit and more generall confession enjoyned conforme to a mandat apparantly discrepant from the genuine meaning of the confession and wanting both explication and application and did most humbly and earnestly desire the Lords of his Majesties Councell that they would not in regard of the former reasons presse upon the Subjects the subscription of this Covenant but that they might be pleased to forbeare their own subscribing of it in respect of the inconveniences might result upon their subscribing thereof in an ambiguous sense but their Lordships not having subscribed that confession containing our former explanation and being required by his Majesties Commissioner to subscribe the Confession as it was drawne up and presented to them without our explanation with a generall band for maintenance of the Religion in Doctrine and Discipline now presently profest and of his Majesties person least these words now presently repeated in this year 1638. should inferre any approbation of these innovations introduced since the year 1580. whereof many did justly complaine after deliberation for removing of this scruple and prejudice and clearing of their own meaning they caused make an act of Councell that their swearing and subscribing of the confession of Faith was according to the tenour and date the second of March 1580. according as it was then profest within this Kingdome whereupon they rested satisfied being confident that the generall Assembly then indicted would remove any doubt and differ which might arise anent the meaning and interpretation of the confession of Faith and clear what was profest in the year 1580. Yet some having subscribed that Covenant in different senses others forbearing to subscribe the same as some of the Lords of Session till the Assembly should declare the genuine and true meaning of the Confession upon whose interpretation as of the onely competent Judge they might acquiesce and rest satisfied which now after accurate tryall of the acts of generall Assemblies and mature deliberation is fully cleared and explained in this last generall Assembly by GODS mercy and his Majesties gracious favour of indiction holden at Glasgow as the act made thereupon doth proport whereby Episcopall government mongst many other innovations is found upon undeniable evidences of truth and declared to be condemned and abjured in this Kirk in Anno 1580. There is notwithstanding published in name of his Majesties Commissioner a declaration tending to disswade his Majesties Subjects from receiving the explanation of the confession made by this Assembly and affirming that the confession subscribed by the Councell doth no wayes exclude Episcopall government nor any thing else established by laws standing in force the time of the taking of the said oath the ninth of September last notwithstanding the foresaid act of Assembly which as the decree of our mother Kirk ought to be received and reverenced by all her children and act of Councell whereof the words are so cleare as they cannot admit any mentall reservation which is acknowledged by such of the Councellers then present and subscribers whose hearts GOD hath touched to make the sense of their oath to GOD preponder with them above all other worldly respects and fears THis declaration containeth five arguments with a boundle of acts of Parliament quotted and drawne up by some persons whom we know not but seen and approven by the
not as Our friends but as Our foes not Protestants but the most rigid of Papists Jesuites and so being without in this point not bring any scandal upon Us who are within especially considering that though these men have gone about to wound the Reformed Religion through Our sides and by opposing Us whom God hath honoured with this speciall favour for no lesse We accompt it of being the chief Prince whom he hath made choice of for the Protector and Defender of it Though We say these men have done what they can to weaken this our Religion by striking at the authoritie of the principall prop and stay of it upon earth under God yet We by the grace of God are fully resolved to wipe away that aspersion and remove that scandall from Our Profession and Religion by Our constant not onely adherence to it but maintenance and defence of it with the uttermost of that power which God hath put in Our hands notwithstanding all those scandals which these men by their wicked practices and worse positions have laid upon it Secondly We hope that all men will do Us so much right as to beleeve that whatsoever course We shall hereafter take for the Asserting of the Reformed Religion and repressing the insolencies of such of Our subjects as doe oppose it and Us in the just and undoubted right of Our Regalitie while they pretend Religion shall not be thought to be by way of a warre but by way of a Prince the Father of his Country his chastising his unruly children which is never in anger but in love and for their good And if by their stubbornnesse they shall force Us to a severitie unpleasing to Us and unwelcome to them We call Him by whom We reigne to witnesse and heaven and earth and all the world to record that they with their owne hands doe unsheath Our just sword which Wee cannot but use as the Minister of God unlesse We will betray that trust which the King of Kings hath reposed in Us for the maintenance of Religion and Justice amongst all His people whom He hath committed to Our charge And if God will have it so that for their resisting Him and Us His Anointed servant and their Soveraigne He will have some of their bad bloud shed We shall ever make accompt that that bloud is let out of Our owne veines nor shall We draw any drop of it in any other case then a faithfull Physician will and must doe for the preservation of the whole body THat Religion is onely pretended and used by them as a cloak to palliate their intended Rebellion is demonstrative by this That the seeds of this Sedition were sowen by the plotters of their Covenant made under the pretence of Religion long before any of the grievances or pretended innovations in Religion complained of by them were ever heard of amongst them For the truth is that some yeares after Our comming to the Crowne by the advice both of some of Our principall Councellors and Officers of State there as also by the advice of Our learnedest Advocates and Counsellers at law according to the example of many of Our Royall Progenitors of happie memorie Kings and Queens of that Our Kingdome We did make a legall revocation of such things as had beene passed away in prejudice of the Crowne especially by some of Our late Royall Progenitors in their minorities a course warranted by the lawes and many yeares practice of that Our Kingdome With this course some of the principall contrivers of this their present Covenant found themselves much aggrieved and much of their estates brought within the compasse and danger of Our lawes which made them presently begin to grumble and repine and privately as much as they durst and as in them lay to worke underhand in Our subjects mindes a distaste of Our government Which Wee made accompt Wee had quickly rectified by shewing to all Our subjects interessed in that Revocation Our gracious clemencie in waiving all the advantages which Our lawes gave Us in many of their estates So that after We had made it apparent to Our subjects how obnoxious many of them and their estates were unto Us and Our lawes We likewise did make as apparent unto them Our singular grace and goodnesse by remitting not onely the rigour but even the equitie of Our lawes insomuch that none of all Our subjects could then or can now say that they were damnified in their persons or estates by that our Revocation or any thing which ensued upon it Yet for all this the principall present malecontents did then begin to perswade with such as they thought they might be boldest with a disaffection to Our government And not seeing how they could easily obtrude upon them the old and usuall pretence of discontent viz. Religion by a strained and farre-fetched inference they did not sticke to lay the envie of the procuring that harmelesse Revocation by which no man suffered upon the present Prelates who in this were as innocent as the thing it selfe was Onely because they hoped that the very name of Church-men or Religious persons should in the point of faction have that operation with their followers which they conceived the Church or Religion it selfe might have had if they could have seene how to have perswaded them that by this Revocation either of them had beene endangered A second symptome of their discontent appeared not long after this upon this occasion Wee having daily heard the grievous complaints of many of Our subjects of that Kingdome of all sorts especially of the Gentrie and their Farmers who paid their tythes to the Nobilitie or such others whom they in that Kingdome call Lords of the Erection or Laicke Patrons here in England we call Impropriators how that in the leading or gathering of their tythes these Lords and Laicke Patrons did use and practise the uttermost of that severitie which the law alloweth them how they would not gather their tythes when the owners of the corne desired them but when it pleased themselves by which meanes the owners by the unseasonablenesse of the weather were manie times damnified to the losse of their whole stocke or most part of it the law of that Kingdome being in that point so strict as no owner may carrie away his nine parts or any part of them untill the proprietarie of the tythes have set out his tenth part As likewise understanding at the same time the deplorable estate of the Ministers of that Our Kingdome in the point of maintenance how that they received no tythes in their parishes but some poore pittance either by way of a stipendiarie benevolence or else some mean allowance from these Lords of Erections or Laick Patrons unworthie of the Ministers of the Gospel and which exposed them to all manner of contempt and a base dependance upon their Patrons Wee at the instance and humble petition not of a few but of the whole Clergie and with them of the whole payers
it was delivered to him by Our Councell who sent for him being then prisoner in the Castle of Edinburgh he did before that Table receive on his knees with the highest magnifying of Our mercie with the humblest acknowledgments of those infinite obligations by which he and his family stood for ever engaged in the service of Us and Our Crowne with the deepest protestations of all loyall quiet and peaceable deportment of himselfe ever hereafter and of bending all his endeavours to attend upon all Our Royall courses and commandements so that Our Councell remonstrated unto Us that Wee had bestowed Our mercie and grace upon a man of whom there could not be the least suspicion of his aversenesse from Our service at any time hereafter but of whom they might safely promise all forwardnesse and alacritie in all Our just courses whensoever it should please Us to use him And now this same pardoned Lord Balmerino being one of the chiefe contrivers and most malicious prosecutors of this wicked Covenant made against Us and Our authoritie how he can be able to answere it to God Us and Our Crowne his owne conscience or to the world even in the point of honour and reputation it must be left to the world to judge By this now which hath been said We suppose it is plain that before either the Service Book or Book of Canons so tragically now exclaimed against were thought on the seeds of sedition and discontent were sowne by the contrivers of the late Covenant first upon the occasion of our Revocation next upon occasion of Our Commission of Surrenders and lastly upon the occasion of Our denying Honours to some of them at Our last being in that Kingdome which caused first their traducing of Our proceedings in our last Parliament held there and then produced that infamous Libell And now by this time sedition was growne so ripe and readie to seed that it wanted nothing to thrust it out and make it shoot forth into an open Rebellion but some faire and specious pretence They could not yet compasse the cloake of Religion whereby to siele the eyes and muffle the face of the multitude for by none of all the three former occasions could they so much as pretend that Religion was endangered or impeached But so soon as they got but the least hint of any thing which they thought might admit a misconstruction that way they lost no time but took Occasion by the forelock knowing that either that or nothing would first facilitate and then perfect their designes Now the occasion they tooke of fetching Religion within the reach of their pretences was this Our Father of blessed memorie immediately after his comming into England comparing the decencie and uniformitie of Gods worship here especially in the Liturgie of the Church with that diversitie nay deformitie which was used in Scotland where no set or publike forme of prayer was used but Preachers or Readers and ignorant Schoolmasters prayed in the Church sometimes so ignorantly as it was a shame to all Religion to have the Majestie of God so barbarously spoken unto sometimes so seditiously that their prayers were plaine Libels girding at Soveraigntie and Authoritie or Lyes being stuffed with all the false reports in the Kingdome He did immediately as became a Religious Prince bethinke himselfe seriously how His first reformation in that Kingdome might begin at the publike worship of God which Hee most truely conceived could never be happily effected untill such time as there should be an unitie and uniformitie in the publike Prayers Liturgie and Service of the Church established throughout the whole Kingdome Concerning this His Royall and Religious designe divers consultations for many yeares were had with the Bishops and others of the Clergie of most eminent note in that Kingdome But these deliberations as it happeneth manie times in businesse of so pious and ponderous importance received some opposition and manie intermissions untill the yeare 1616. in a Generall Assemblie which is answerable to the Convocation of the Clergie here in England held at Aberdene in August Our Royall Father by His Letters and the vehement instance of His Commissioners then and there present easily made apparent to that whole Assembly not onely the conveniencie but indeed the necessitie of a publike Liturgie to be settled throughout the whole Land Which moved that Assemblie to passe an Act whereby they authorised some of the present Bishops and divers others to compile and frame a publike forme of Liturgie or Booke of Common Prayer which should first be presented to Our Royall Father and after His approbation should be universally received throughout the Kingdome This Booke in pursuance of that Act of Assembly being by those who were deputed for that purpose framed was by the Lord Archbishop of Saint Andrewes that now liveth sent up to Our Royall Father who not onely carefully and punctually perused everie particular passage of it himselfe but had it also considerately advised with and revised by some of that Kingdome here in England in whose judgement He reposed singular trust and confidence and after all His owne and their observations additions expunctions mutations accommodations He sent it backe to those from whom He had received it to be commended to that whole Church being a Service Booke in substance frame and composure much about one with this verie Service Booke which We of late commended to them and which undoubtedly then had been received in that Church if it had not pleased Almightie God that while these things were in doing and before they could receive their much wished and desired period and consummation to the invaluable losse as of the whole Church of God so particularly of that Church of Scotland to translate Our blessed Father from His temporall Kingdomes to that which is eternall Wee by the grace of God succeeding to Our royall Father were desirous to make it knowne to the world that Wee did not hold it a greater honour to succeed Him in His Crownes then to be His Successour in His Princely vertues and especially in that in which He was most eminent His singular pietie and religious care of the publique service of God which finding here in this Kingdome of England by His singular wisedome and vigilancie setled even to the admiration if not envie of all other Churches We resolved by the grace of God to pursue that His Pious and Princely designe for setling a publike Liturgie in that Our Kingdome of Scotland it having beene so happily atchieved facilitated and almost perfected by Him To which purpose We caused the same Service Booke transmitted by Him to that Church to be remitted and sent backe to Us that after Our perusall and alterations if any should be found either necessarie or convenient it might likewise receive Our Royall authoritie and approbation We having received that Book and after many serious consultations had with divers of Our Bishops and Clergie of that Kingdome then here present with Us and
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
of our worthy and religious Progenitors and of many yet living amongst us which was warranted also by Act of Councell commanding a generall Band to bee made and subscribed by his Majesties subjects of all ranks for two causes One was for defending the true Religion as it was then reformed and is expressed in the Confession of Faith above written and a former large Confession established by sundrie acts of lawfull Generall Assemblies and of Parlament unto which it hath relation set downe in publicke Cathechismes and which had beene for many yeeres with a blessing from heaven preached and professed in this Kirk and Kingdome as Gods undoubted truth grounded onely upon his written Word The other cause was for maintaining the Kings Majestie his Person and Estate the true Worship of God and the Kings authoritie being so straightly joyned as that they had the same friends and common enemies and did stand and fall together And finally being convinced in our minds and confessing with our mouthes that the present and succeeding generations in this Land are bound to keep the foresaid nationall Oath and subscription inviolable We Noblemen Barons Gentlemen Burgesses Ministers and Commons under subscribing considering divers times before and especially at this time the danger of the true reformed Religion of the Kings honour and of the publicke peace of the Kingdome by the manifold innovations and evils generally contained and particularly mentioned in our late supplications complaints and protestations doe hereby professe and before God his Angels and the World solemnely declare That with our whole hearts wee agree and resolve all the daies of our life constantly to adhere unto and to defend the foresaid true Religion and forbearing the practice of all novations already introduced in the matters of the worship of God or approbation of the corruptions of the publick Government of the Kirk or civill places and power of Kirkmen till they bee tryed and allowed in free Assemblies and in Parlaments to labour by all meanes lawfull to recover the purity and libertie of the Gospel as it was established and professed before the foresaid novations And because after due examination wee plainly perceive and undoubtedly beleeve that the Innovations and evils contained in our Supplications Complaints and Protestations have no warrant of the Word of God are contrary to the Articles of the foresaid Confessions to the intention and meaning of the blessed Reformers of Religion in this Land to the above written Acts of Parlament and doe sensibly tend to the re-establishing of the Popish Religion and tyranny and to the subversion and ruine of the true Reformed Religion and of our Liberties Lawes and Estates VVe also declare that the foresaid Confessions are to bee interpreted and ought to be understood of the foresaid novations and evils no lesse then if everie one of them had beene expressed in the foresaid Confessions and that wee are obliged to detest and abhorre them amongst other particular heads of Papistrie abjured therein And therefore from the knowledge and conscience of our dutie to God to our King and Countrey without any worldly respect or inducement so farre as humane infirmitie will suffer wishing a further measure of the grace of God for this effect VVe promise and sweare by the Great Name of the Lord our GOD to continue in the Profession and Obedience of the foresaid Religion That we shall defend the same and resist all these contrarie errours and corruptions according to our vocation and to the uttermost of that power that God hath put in our hands all the dayes of our life And in like manner with the same heart we declare before God and Men That we have no intention nor desire to attempt any thing that may turne to the dishonour of God or to the diminution of the Kings Greatnesse and Authoritie But on the contrarie we promise and sweare that wee shall to the uttermost of our power with our meanes and lives stand to the defence of our dread Soveraign the Kings Majestie his Person and Authoritie in the defence and preservation of the foresaid true Religion Liberties and Lawes of the Kingdome As also to the mutuall defence and assistance everie one of us of another in the same cause of maintaining the true Religion and his Majesties Authoritie with our best counsell our bodies meanes and whole power against all sorts of persons whatsoever So that whatsoever shall be done to the least of us for that cause shall be taken as done to us all in generall and to everie one of us in particular And that we shall neither directly nor indirectly suffer our selves to be divided or withdrawn by whatsoever suggestion combination allurement or terrour from this blessed and loyall Conjunction nor shall cast in any let or impediment that may stay or hinder any such resolution as by common consent shall be found to conduce for so good ends But on the contrarie shall by all lawfull meanes labour to further and promove the same and if any such dangerous and divisive motion be made to us by VVord or VVrit wee and everie one of us shall either suppresse it or if need be shall incontinent make the same known that it may bee timously obviated neither do we feare the foule aspersions of rebellion combination or what else our adversaries from their craft and malice would put upon us seeing what we do is so well warranted and ariseth from an unfained desire to maintaine the true worship of God the Majestie of our King and the peace of the Kingdome for the common happinesse of our selves and the posteritie And because we cannot look for a blessing from God upon our proceedings except with our Profession and Subscription we joyne such a life and conversation as beseemeth Christians who have renewed their Covenant with God VVee therefore faithfully promise for our selves our followers and all others under us both in publike in our particular families and personall carriage to endevour to keep our selves within the bounds of Christian libertie and to be good examples to others of all Godlinesse Sobernesse and Righteousnesse and of everie dutie we owe to God and Man And that this our Union and Conjunction may bee observed without violation VVee call the living God the Searcher of our Hearts to witnesse who knoweth this to be our sincere Desire and unfained Resolution as we shall answer to JESUS CHRIST in the great day and under the paine of Gods everlasting wrath and of infamie and of losse of all honour and respect in this World Most humblie beseeching the LORD to strengthen us by his holy Spirit for this end and to blesse our desires and proceedings with a happie successe that Religion and Righteousnesse may flourish in the Land to the glorie of God the honour of our King and peace and comfort of us all In witnesse whereof we have subscribed with our hands all the premisses c. TO dispute against this Covenant scholastically or otherwise then by
and Colledges in a point of conscience should weigh downe the groundlesse opinions of their Tables consisting of Noblemen Gentlemen Ministers and Tradesmen But leaving the many unanswerable reasons which may be brought against this their Covenant Wee shall desire the Reader to observe three things which appeared at the verie first comming out of it First how in it they swelled farre above all that ever was complained of either in their tumults or petitions In their tumults they complained onely of the Service Booke in their petition exhibited to Our Councell and sent up to Us they complained of the Service Booke and Booke of Canons more of their grievances then Wee knew not Now in this their Covenant besides these two they complaine of and doe abjure as they make their adherents beleeve the five Articles of Pearth which were established by Acts first of the generall Assembly and then of Parliament Then they complaine of the high Commission which ever since the yeare 1609. hath beene quietly established and in practise amongst them Then they complaine of Prelats sitting in civill Judicatories a thing which Wee cannot chuse but wonder at not only in regard of Our Selfe whom by this meanes they would robbe of the benefit of the abilities of any of Our subjects in Our counsels and affaires of State as if holy Orders did superinduce a dissabilitie for civill Wisedome and Prudence but especially in regard of themselves because by this strange conceit they contradict more then they are aware of their owne false and prodigious opinions for what incongruitie can they finde in it for a Bishop to sit at Our Councell Table where many causes are heard in which Religion is concerned or in Our Session where many Church-men have trialls for their maintenance when they themselves hold it not onely convenient but necessarie and that even jure divino that Noblemen Gentlemen Merchants Taylors Sadlers Shoomakers and others of most mechanicall Trades shall sit and give sentence in Parochiall Sessions and in Presbyteries in Causes Ecclesiasticall and those of the highest nature even the last and supremest censures of the Church Excommunication and depriving of Ministers nay that they shall give sentence in the generall Assembly a Judicatorie which now they hold to be above Our Session Councell or Parliament for they maintaine that the Acts of that Assembly may in many cases disannull and derogate from the Acts of the other three where they doe assume to themselves to determine all questions de Fide Cultu Disciplina of Faith Worship or Discipline and in which of late they did assume to themselves power to determine and according to their weake and poore power did determine controversies concerning Predestination universall Grace irresistibilitie of Grace concurrence of Free-will with Grace totall or finall falling from Grace and other such like intricate points as some men would be loath to live so long untill they could make them understand them Secondly Wee desire the Reader to observe with what affections this their Covenant was received abroad both by Protestants and Papists at the very first publishing of it By Papists it was received with infinite joy as hoping that now the time was come in which both Wee and Our Successors might be brought to abhorre and detest that Religion whose professed Zelots had beene the authours of such an unsufferable Covenant which could not consist with Monarchie which appeared to Us most evidently by the advertisements which then were sent up to Us from some of Our Councell of that Kingdome that the sudden and frequent arrivall of Priests and Jesuites from Doway and other Seminaries beyond the Seas was so great in hope of their welcome to Us because of this seditious Covenant that unlesse some speedie order were taken for their present discouragement and sending backe the evill might quickly passe remedie which moved Us notwithstanding these present broiles to take present order for such proceedings against them as they were forced to retire With Protestants abroad it was received with most offensive scandall and infinite griefe which appeared unto Us by advertisements from some of Our publique Ministers abroad who certified Us that both the Ministers and others of their Consistorie at Charenton and of other Reformed Churches in France as also the Professors Ministers and Consistorie of Geneva and of other neighbouring Reformed Churches in those parts were so scandalized with this prodigious Covenant as that they were afraid of nothing more then this that it would bring an indeleble scandall upon the Reformed Churches and alienate the mindes of all the Princes of Christendome from ever entertaining a good thought of their Religion Of what condition then and fearfull consequence that Covenant is which bringeth griefe and offence to Our friends joy and triumph to Our enemies is evident to all eyes that are opened Thirdly We desire the Reader to consider with what furie and madnesse this Covenant after it was conceived was obtruded to all sorts of people with what threatnings with what beating tearing of the clothes drawing of the bloud and exposing to thousands of injuries and reproaches at Edinburgh Saint Andrews Glascow Lanarick and many places more of those Ministers who out of religious conscience towards God and loyall carriage towards Us did either disswade their Parishioners from entring into it or could not by their intreaties or threatnings be perswaded to enter into it themselves No doubt it cannot be a Covenant approved by God the first bitter and accursed fruits whereof were the many drops of bloud drawne from many of Gods Ministers which now no doubt doe call for Gods vengeance upon the whole land Now the fire of this seditious Covenant flaming thoroughout all the corners of the Kingdome and that to such an unexpected height and violence as it was past both the skill and power of Our Councell to quench it Our Councell resolved to send up unto Us Sir John Hammilton Our Justice Clerke one of Our Privie Councell and one of the Lords of Our Session that he might fully acquaint Us with the passages of this Rebellion and the consequences of it After Our hearing of him many times and many consultations had with such of Our Councell of Scotland as were then here present and such of Our Councell here in England as We thought fit to communicate this businesse unto We resolved to send unto that Our Kingdome the Marquesse of Hamiltoun with the full power of an High Commissioner as in other cases Our Royall Father and We had many times done in important businesse concerning that Kingdome and in the meane time we dispatched home the said Sir John Hamilton to give notice thereof both that they might carrie themselves quietly untill Our Commissioner his comming from whom they were to expect Our pleasure with all favour which might consist with Royall authoritie as also that they might before Our Commissioners going from hence have time to make Us fully acquainted with the uttermost of their grievances
State excuseth our uncessant and importune calling for these present remedies Doth insinuate the continuance and execution of any pretended Lawes for these innovations of worship and corruptions of Church government and civill places of Church-men which by our Covenant wee have obliged our selves to forbeare and the re-establishment of these evils in an Assembly and Parliament which hee will call in his best convenience to wit for that and this other end of satisfying his subjects judgements anent the Service Booke and Book of Canons Doth condemne all our former proceedings even our supplicating complaining protesting subscribing of our Covenant together and our continuall meetings as great disorders increase of disorders deserving justly a powerfull rather then a perswasive way a running headlong into ruine a perishing in our faults a blind disobedience under pretext of Religion and doth threaten denounce Now once for all If we be not heartily satisfied and give testimony of our obedience after this Declaration but continue as by our former proceedings to draw on our owne ruine that albeit unwillingly he must make use of that power which God hath indued him with for reclaiming of so disobedient people THerefore we in our own name and in name of all who will adhere to the Confession of Faith and reformation of Religion within this Land are forced and compelled out of our bound duty to God our King native Country our selves and our posterity lest our silence should be prejudiciall to so important a cause as concernes Gods glory and worship our Religion and salvation the Lawes and Liberties of this Church and Kingdome or derogatory to our former supplications complaints protestations Articles and proceedings or unanswerable to the solemne oath of our nation covenant with God To declare before God and man and to protest Primo That we doe and will constantly adhere according to our vocation and power to the said Reformation in doctrine use of Sacraments and discipline And that notwithstanding of any innovations introduced therein either of old or of late Secundo we potest That we adhere to the grievances supplications and protestations given in at Assemblies and Parliaments and to our late supplications complaints protestations and other lawfull proceedings against the same and particularly against the Service book and booke of Canons as maine innovations of Religion and Lawes and full of Popish superstition and so directly contrary to the Kings Declaration And against the High Commission as a judicatory established contrary to the Lawes and Liberties of this Church and Kingdome and destructive of other lawfull judicatories which both in respect of the nature of it and manner of introduction without consent of the three Estates of Parliament cannot be any wayes rectified but absolutely discharged Tertio we protest That we adhere with our hearts to our Oath and subscription of the Confession of Faith the solemne Covenant betweene God this Church and Kingdome and the clauses particularly therein expressed and generally contained and to our last Articles for the peace of this Kirke and Kingdome drawne out of it and to all the matters therein contained and manner of remedy therein desired Quarto We protest that this Proclamation or act of Councell or any other act or Proclamation or Declaration or ratification thereof By subscription or act or letter or any other manner of way whatsoever or any precondemnation of our cause or carriage before the same be lawfully heard and tryed in the supreme judicatories of this Kirk and Kingdome the onely proper judges to nationall causes and proceedings or any certification or threatning therein denounced shall no waies be prejudiciall to the Confession of Faith lawes and liberties of this Kingdome nor to our supplications complaints protestations articles lawfull meetings proceedings pursuits mutuall defences nor to our persons and Estates and shall no wayes be disgracefull either in reality or opinion at home or abroad to us or any of us But on the contrary that any act or letter or subscription of the Councell carrying the approbation of the declaration and condemnation of our proceedings indicta causa is and ought to be repute esteemed unjust illegall null as here before God and man we offer to clear to verifie both the justice of our cause and carriage and the injustice of such acts against us in the face of the first generall Assembly of the Church Parliament of the Estates unto whom with all solemnities requisite we do publikly appeal Quinto We protest that seeing our former supplications last Articles our last desire and petition to his Majesties Commissioner which petitioned for the present indiction of a free general Assembly Parliament according to the law and custome of all nations of this nation in the like case to hear the desires ease the grievances settle the fears of the body of the Church Kingdome are thus delayed in effect refused to wit Once for all till his Majesties conveniency for the end contained in this Proclamation that We continue by thir presents to supplicate his Majesty again and again for the granting of the same And whatsoever trouble or inconvenience fall out in this land in the mean time for want of these ordinary remedies and by the practice of any of these innovations evils contrary to our supplications articles confession it be not imputed unto us who most humbly beg these lawfull remedies but also that it is shall be lawfull unto us to defend and maintain the Religion lawes and liberties of this Kingdome the Kings Authority in defence thereof every one of us one another in that cause of maintaining the Religion and the Kings foresaid Authority according to our power vocation and Covenant with our best counsel bodies lives means whole strength against all persons whatsoever against all externall or internall invasions menaced in this Proclamation Like as that in the great exigencie of the Church necessitating the use of this ordinary and lawfull remedies for settling the commotions thereof it is and shall be leasome unto us to appoint hold and use the ordinary means our lawfull meetings and Assemblies of the Church agreeble to the Law of God and practice of the primitive Church the Acts of the generall Assemblies and Parliaments and the example of our Worthy Reformers in the like case Sexto We protest that our former Supplications Complaints Protestations Confessions meetings proceedings and mutuall defences of every one another in this cause as they are and were in themselves most necessary and orderly meanes agreeable to the lawes practice of this Church and Kingdome to be commended as reall duties of faithfull Christians loyall Subjects and sensible members of the body of the Church and Kingdome and no wise to be stiled nor accounted great disorders misdemeanors blind disobedience under pretext of Religion and running headlong into ruine c. So they proceeded only from conscience of our duty to God our King native
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
and others And secondly considering that he now found that they begun to speak more sparingly and reservedly in that point and would not so much as treat of it before the Assemblie and that some of them had given out that they had resolved upon a way to throw off that grievous burthen of the Presbyteries with the weight whereof their fathers were so much grieved viz. by joyning so many Laick Elders to every Presbyterie as there should be Ministers in it by which meanes the Laitie should bee able to keep the Presbyterie under without the help of Bishops Our Commissioner was now once againe at a stand not knowing how to proceed as not being sufficiently warranted by Our instructions to indict a Generall Assemblie or Parliament unlesse hee should first bee satisfied by advice of them who understood the formes of Assemblies what course was to bee held both for the members of that Assemblie and the manner of their election and for a previous consultation of the principall things to be treated there all which consultations the Covenanters did utterly reject He therefore resolved once againe to make a journey to Us and acquaint Us with these new occurrences since hee found them daily increasing in their obstinacie so changed as he was not able to make any judgment either of their resolutions or desires or of what would give them satisfaction And therefore Our Commissioner told them plainely that he had no authoritie from Us to indict an Assemblie unlesse some particulars were agreed upon both concerning the constitution of the Assemblie the present settling the peace of the Kingdom and the righting and restoring to their places such Ministers as had beene displaced without order of Law who might againe be displaced if at the Assemblie they were found to deserve it The summe of Our demands he delivered to the chiefe Lords Covenanters in these ten Articles which will be found by the reading of them to be verie just and reasonable THat all Ministers deposed or suspended by the Presbyteries since the first of Februarie last without warrant of the Ordinarie shall be restored to their owne places till such time as they shall be legally convicted That all Moderators of Presbyteries deposed since the foresaid day by the Presbyteries without warrant of the Ordinarie be restored and all Moderators appointed by the said Presbyteries without warrant foresaid to desist from executing the office of Moderator That all Ministers admitted by the Presbyteries since the foresaid day without warrant from the Ordinarie shall desist from exercising the function of their ministerie in that place to which they have beene so presented and admitted That all Parishioners shall frequent their owne Churches and heare their owne Minister and that the Elders assist the Minister in the Session and other exercises of the discipline of the Church as formerly they were used to do That all Bishops and Ministers have their rents and stipends duely and thankfully paied them That all Ministers bee appointed presently to repaire to their owne Churches that none of them come to the Assemblie or to the place where the same shall bee held but such as shall bee chosen Commissioners from the Presbyteries That according to the Act of Assemblie 1606. Moderators of Presbyteries being found necessarie members of the Assemblie everie one of the said Moderators bee appointed to bee Commissioner from that Presbyterie where he is Moderator That Bishops and other Ministers who shall attend the Assemblie may be secured in their persons from all trouble and molestation That the Commissioners from Presbyteries be chosen by the Ministers of that Presbyterie onely And that no lay-person whatsoever meddle in the choice nor no Minister without his owne Presbyterie That all Convocations and meetings be dissolved and that everie man repaire to his owne house and that the Countrey not onely be made peaceable but also that all such Acts be forborne as may make it appeare to be otherwayes And since his Majestie is still displeased with the Covenant wisdome and our dutifull obedience to our Soveraigne require that some such course should be taken whereby his Majestie may receive satisfaction therein and in the mean time that there be no pressing threatning or perswading of men to subscribe the Covenant nor no mention be made thereof any more in Pulpits To these according to their usuall manner they would no way condescend but returned to Our Commissioner these most unjust and unreasonable answers Answers to the particulars propounded by his Majesties Commissioner HAving seriously considered with our selves that nothing in this world is so precious and ought to be so deare unto us as our Religion that the diseases of the Church after long toleration did threaten no lesse then her utter ruine and the expiring of the truth of Religion at last and that a free Generall Assemblie was the ordinarie remedie appointed by divine Authoritie and blessed by divine providence in other Churches and after a speciall manner in the Church of Scotland wee have often and earnestly supplicated for the same and have laboured to remove what was objected or what wee could conceive to be any hinderance to the obtaining of our desire like as we have now for the same good end resolved to returne this answer to the particulars propounded to bee performed by us before any Assemblie be indicted The particulars propounded are either concerning matters Ecclesiasticall or Civill Ecclesiasticall or Church matters are The first concerning Ministers deposed or suspended by the Presbyteries since the first of Februarie last without warrant of the Ordinarie that they bee restored to their owne places The second concerning Moderators of Presbyteries deposed since the foresaid day to bee restored and all Moderators appointed by the said Presbyteries without warrant aforesaid to desist from executing the office of Moderator The third concerning Ministers admitted since the foresaid day that they desist from exercising the function of the Ministerie in that place to which they have beene admitted These three particulars do concerne the power dutie and particular facts or faults of Presbyteries wherein we have no power to judge or determine whether they have proceeded lawfully or not farre lesse can we urge or command them to recall what they have determined or done in the suspending deposing or admitting of Ministers or Moderators they being properly subject to the superior Assemblies of the Church and in this case and condition of the Church to the Generall Assemblie where if they shall not after tryall justifie their proceedings from the good warrants of Scripture reason and the acts and praclices of the Church they ought to sustaine their owne deserved censure And since on the one side there be many complaints against the Prelats for their usurpation over Presbyteries in the like particulars and on the other side there be such complaints of the doings and disorders of the Presbyteries to the offence of the Prelats we trust that his Majesties Commissioner will not esteeme
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
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
if any of Our subjects whether ecclesiasticall or civill of whatsoever qualitie title or degree have or shall at any time presume to doe any such act or assume to themselves any such exemption or power That they shall like as by these presents We make and ordaine them to be lyable to the triall and censure of Parliament generall Assembly or any other Judicatories competent according to the nature and qualitie of the offence And for the free entry of Ministers that no other oath be administrate unto them then that which is contained in the act of Parliament And to give Our subjects full assurance that We never intend to admit of any change or alteration in the true Religion alreadie established and professed in this Our kingdome And that all Our good people may be fully and clearly satisfied of the realitie of Our intentions towards the maintenance of the truth and integritie of the said Religion We have thought fit and expedient to injoine and authorize like as We by these presents doe require and command all the Lords of Our privie Councell Senatours of the Colledge of Justice Judges and Magistrates to burgh and land and all Our oâ—her subjects whatsoever to subscribe and renew the Confession of Faith subscribed at first by Our deare Father and His houshold in the yeare of God 1580. Thereafter by persons of all rankes in the yeare 1581. by ordinance of the Lords of secret Councell and acts of the generall Assembly Subscribed againe by all sorts of persons in the yeare 1590. by a new ordinance of Councell at the desire of the generall Assembly with their generall band of maintenance of the true Religion and the Kings person And for that effect We doe require the Lords of Councell to take such course anent the foresaid confession and generall band that it may be subscribed and renewed throughout the whole kingdome with all possible diligence And because We will not leave in Our subjects minds the least scruple or doubt of Our royall intentions and reall resolutions Wee have given warrant to Our Commissioner to indict a free generall Assembly to be holden at Glasgow the twenty first day of November in this present yeare 1638. And thereafter a Parliament to be holden at Edinburgh the fifteenth day of May Anno 1639. for settling a perfect peace in the Church and Common-weale of this kingdome And because it is likely that the disorders and distractions which have happened of late have beene occasioned through the conceived feares of innovation of Religion and Lawes and not out of any disloyaltie or disaffection to soveraigntie We are graciously pleased absolutely to forget what is past and freely to forgive all by-gones to all such as shall acquiesce to this Our gracious pleasure and carry themselves peaceably as loyall and dutifull subjects and shall ratifie and approve the same in Our next ensuing Parliament And that this Assembly may have the better successe and more happy conclusion Our will is that there be a solemne Fast proclaimed and kept by all Our good subjects of this kingdome a foureteene dayes before the beginning of the said Assembly the causes thereof to be a begging a blessing from God upon that Assembly and a peaceable end to the distractions of this Church and kingdome with the aversion of Gods heavie judgement from both And Our pleasure is that this Fast be kept in the most solemne manner as hath beene in this Church at any time heretofore upon the most extraordinary occasion OUR WILL is herefore and We charge you straightly and command that incontinent these Our Letters seen ye passe and make publication hereof by open proclamation at the market crosses of the head burrowes of this kingdome where-through none pretend ignorance of the same Given at Our Court of Oatlands the ninth day of September 1638. Per Regem AFter this Declaration was proclaimed the Confession of Faith as it was at the first commanded by Our Royall Father as also the band annexed for defence of the Religion now established and of Our Person and authoritie with the subscriptions of Our Commissioner and Councell to them both doe here follow The Confession of Faith of the Kirke of SCOTLAND Subscribed at the first by the Kings Majesties umwhile dearest Father of blessed memory and his Houshold in the yeer of God 1580. Thereafter by persons of all ranks in the yeere of God 1581. by ordinance of the Lords of Secret Councel and Acts of the Generall Assembly Subscribed againe by all sorts of Persons in the yeer 1590. by a new Ordinance of Councel at the desire of the general Assembly With the general Band for maintenance of the true Religion And now renewed and subscribed again by his Majesties speciall command by the right noble Marquesse James Marquesse of Hamiltoun Earle of Arran and Cambridge Lord Even and Evendail his Majesties high Commissioner and Lords of secret Councell undersubscribing And that of and according to the date and tenor of the said Confession of Faith dated in March 1580. and of the Band dated in Anno 1589. WEe All and every one of us underwritten protest That after long and due examination of our owne Consciences in matters of true and false Religion are now throughly resolved in the Truth by the Word and Spirit of God and therefore we beleeve with our hearts confesse with our mouths subscribe with our hands and constantly affirme before God and the whole World that this only is the true Christian Faith and Religion pleasing God and bringing salvation to man which is now by the mercy of God revealed to the world by the preaching of the blessed Evangel And 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 as more particularly is expressed in the Confession of our Faith stablished and publikely confirmed by sundry Acts of Parliaments and now of a long time hath been openly professed by the Kings Majestie and whole body of this Realme both in Burgh and Land To the which Confession and forme of Religion wee willingly agree in our consciences in all points as unto Gods undoubted Truth and Verity grounded onely upon his written Word And therefore Wee abhorre and detest all contrarie Religion and Doctrine But chiefly all kinde of Papistrie in generall and particular heads even as they are now damned and confuted by the Word of God and Kirke of Scotland but in speciall we detest and refuse the usurped authoritie of that Roman Antichrist upon the Scriptures of God upon the Kirk the civill Magistrate and conscience of men All his tyrannous lawes made upon indifferent things against our Christian liberty His erroneous doctrine against the sufficiency of the written word the perfection of the Law the office of Christ and his blessed evangel His corrupted doctrine concerning originall sin our naturall
the application therof alreadie sworn by us for the Reasons above expressed And because as we did in our former Protestation appeale from the Lords of his Majesties Councell so do we now by these renew our solemne appeale with all solemnities requisite unto the next free Generall Assemblie and Parliament as the onely supreme nationall Judicatories competent to judge of nationall causes and proceedings Sixthly We protest That no subscription whether by the Lords of Councell or others of the Confession mentioned in the Proclamation and enjoyned for the maintenance of Religion as it is now already or at this present time established and professed within this Kingdome without any innovation of Religion or Law be any manner of way prejudiciall to our Covenant wherein we have sworne to forbeare the practice of Novations alreadie introduced c. till they be tried in a free Assemblie And to labour by all lawfull meanes to recover the puritie and libertie of the Gospel as it was established and professed before the foresaid Innovations And in like manner that no subscription foresaid be any derogation to the true and sound meaning of our worthie predecessours at the time of their subscription in the year 1581. and afterward Withall warning and exhorting all men who lay to heart the cause of Religion against the corruptions of the time the present estate of things both to subscribe the Covenant as it hath bin explained and necessarily applied and as they love the puritie and libertie of the Gospel to hold back their hands from all other Covenants till the Assembly now indicted be conveened and determine the present differences and divisions and preserve this country from contrarie oathes Seventhly As his Majesties royall clemencie appeareth in forgiving and forgetting what his Majestie conceiveth to be a disorder or done amisse in the proceeding of any so are we very confident of his Majesties approbation to the integrity of our hearts and peaceablenesse of our wayes and actions all this time past And therfore We protest that we still adhere to our former complaints protestations lawfull meetings proceedings mutuall defences c. All which as they have been in themselves lawfull so were they to us pressed with so many grievances in his Majesties absence from this native kingdome most necessary and ought to be regarded as good offices and pertinent duties of faithfull Christians loyall subjects and sensible members of this Kirk and Commonwealth as we trust at all occasions to make manifest to all good men especially to his sacred Majestie for whose long and prosperous government that we may live a peaceable and quiet life in all godlinesse and honestie We earnestly pray WHereupon a noble Earle James Earle of Montrose c. in name of the Noblemen M. Alexander Gibson younger of Durie in name of the Barons George Porterfield Merchant Burgesse of Glasgow in name of the Burrowes M. Harie Rollock Minister at Edinburgh in name of the Ministers and M. Archbald Johnston Reader hereof in name of all who adhere to the Confession of Faith and Covenant lately renewed within this Kingdome tooke instruments in the hands of three Notars present at the said Mercate Crosse of Edinburgh being invironed with great numbers of the foresaid Noblemen Barons Gentlemen Burrows Ministers and Commons before many hundred witnesses and craved the extract thereof And in token of their dutifull respect to his Majestie confidence of the equitie of their cause and innocencie of their carriage and hope of his Majesties gracious acceptance they offered in all humilitie with submisse reverence a copie thereof to the Herauld ANd now for triall of what Wee have said the Reader may reflect upon these particulars Not farre from the beginning they averre that they did confidently expect from Us a free Generall Assemblie and Parliament to be indicted and that Our Commissioner promised to recommend unto Us this their suit for a free Generall Assemblie without prelimitation either in the constitution and members thereof in the order and manner of proceeding or in the matters to bee treated of and do insinuate as if Wee had not given order for any such Assemblie in Our Declaration which everie Reader looking upon Our Declaration may see to be most untrue for in it We give warrant to Our Commissioner to indict a free Generall Assemblie nor is there there either mention or meaning of any prelimitation though they themselves did use verie many some whereof you have heard alreadie and shall heare of more hereafter Afterwards they quarrell with Our Declaration for ascribing all the late distractions of this Church and Common-wealth to their conceived feares of the Innovation of Religion and Lawes and not to the Innovations themselves No doubt a great crime that We will not acknowledge that the Service Book which was penned at first by those who laid downe their lives in opposition to Poperie is an introduction to Poperie and We do professe that We did discharge that Book onely to remove their feares and doubts and ease their pretended grievances nor can Wee condemne that Book without condemning the Service Book of England for the Covenanters arguments strike alike at both Then immediatly after They take it ill that though We have discharged the practice of these pretended Innovations and voided all Acts made for the establishing of them yet We have not rescinded Our former Proclamations at Sterling and Edinburgh As if nothing could content them unlesse Wee should disgrace Our owne Proclamations which did not any way establish or authorize the things complained of nay more unlesse We will call back Our own words which cannot be interpreted to any such sense as they would force upon them they would make Our people beleeve that the libertie of the generall Assemblie is prejudged in a suspicious undutifull and dangerous phrase tell them That they do not consider with whom they are dealing as if no trust were to be given to Us Next they quarrell with Our discharging of the practice of the Articles of Perth but not the Articles themselves which are established by acts both of Parliament and Generall Assemblie and yet Wee dare say that they would hold it for a strange position if We should use Our Prerogative to the disanulling of any thing established by these two Judicatories nay if We and the Parliament joyntly should as the world goeth now offer to disanull any act of their Generall Assemblie so glad they are to quarrell with Our Declaration that in their eagernesse they destroy their owne grounds Their next cavill if it were possible is as senslesse as the former whereby they averre that Our naming of Bishops in Our Proclamation for the indiction of the Assemblie is a prelimitation of it because thereby We take it as granted that the office of a Bishop is unquestionably an office in that Church and Kingdome and this they call a great prelimitation put upon the Assemblie but with what shew of consequence We cannot possibly conceive
supplication be not admitted which we hope and earnestly pray may be graciously accepted then this our protestation may be of force against such Lawes and proceedings that may follow thereupon Thus hoping for your charitable construction of this our necessarie duty in so eminent a danger of the Church and humbly intreating these presents may be put upon Record We rest ANd when the Protestation of the Presbyterie of Glasgow which was a very strong one begun to bee read the Principall of the Colledge there desired the forbearance of it for a time to which the Moderatour gladly yeelded but Our Commissioner who had delivered it in with his owne hands pressed the reading of it out which the Moderatour refused alledging that any man might withdraw his owne Protestation much more desire the forbearance of reading of it to which Our Commissioner replyed That the Protestation was subscribed not onely by the hand of the Principall but the major part of the Ministers of that Presbyterie of whom many were Covenanters that in all their names it was presented unto him and therefore could not be re-called by any one of them without the consent of the rest praying him that it might bee read out to the end but all in vaine for no justice could be had from them especially in a point which so much concerned their reputation for they conceived it would bee a great blurre to their businesse if a Protestation made by that Presbyterie in which was the seat of the Assembly should bee knowne and therefore they would neither reade it nor did they deliver it backe againe against all rules both of justice and equitie After this contest the Assembly for that night was dismissed Our Commissioner wondring that the Principall of the Colledge should in publique desire the forbearance of publishing the Protestation of the Presbyterie of Glasgow in the Assembly used meanes to know the reason of it and found by the averment of persons of good credit upon their owne knowledge that the night before late at ten of the clocke the Lord Lowdan and the Moderatour with divers others Covenanting-Ministers had been with the Principall and told him that the Presbyteriall Protestation would make a great division amongst them that unlesse he did withdraw it hee must never looke to live quietly in Glasgow nor any where in Scotland that the Principall told them it was presented to Our Commissioner from whom it was not possible to recover it that then by the same threatnings they adjured him to desire the forbearance of reading of it if it should bee tendered to the Assembly that after they were parted from him his wife all in teares begged the like of him affirming that the Lord Lindsey had been with her and sworne to her that both he and his must be utterly ruined if shee could not prevaile with him for re-calling that Protestation This and many other passages heretofore mentioned banishing quite out of Our Commissioners mind and the minds of all Our well affected Councellours there present all hopes not onely of just and faire but even of formall proceedings in that Assembly where not so much as the shew and countenance of justice was to be discerned nor any thing but the power and obstinate wilfulnesse of the Covenanters and the unanswerable nullities of this Assembly in regard both of the members elected and the manner of their election being throughly considered and the reasons of the Bishops Declinator presented to Our Commissioner being seriously weighed by which they did not decline the judgement of a generall Assembly lawfully constituted but onely of this Assembly which was to bee accounted far rather a Laicall convention then Ecclesiasticall all the members whereof had barred themselves from being Judges by their solemn oath of combination for the rooting out of that Kingdome both the Bishops persons and callings to whose sentence We or Our Commissioner could not deliver them over without betraying all courses of justice and denying to Our Bishops that protection which cannot bee denied by Us to any of Our subjects viz. the benefit of the Lawes of that Our Church and Kingdome And besides Our Commissioner having certaine and unquestionable intelligence of the Covenanters unmoveable resolution that although the Assembly should be continued and all things which they desired even to their own wishes should be granted and effected yet that the quietnesse and peace of that Kingdome should be never a whit the more settled or established but that they were determined to chuse at this assembly certain Committees who under the name of Commissioners from the generall Assembly should keep up their Tables and bee chosen and continued from one Assembly to another and so hold on the same rebellious courses which they have held ever since the first erection of their Tables to the utter overthrow of Our royall Authoritie and the authoritie of the Lords of Our Councell and Lords of Our Session under Us and Our Commissioner well weighing Our instructions according to which hee was to carry himselfe in this Assembly if hee should find that these mischiefes and courses of injustice could not bee stopped resolved the next day according to Our speciall commandment in Our name and by Our authoritie to dissolve that Assembly whose aime was onely to robbe Us of Our Soveraigne power and to put it in the hands of their Commissioners According to which resolution Our Commissioner the next day being Wednesday the 28. of November went betimes in the morning to the Church and Our Councell having warning over night met him in the Chapter-house where they sate in consultation before they went to the Assembly He did then impart to them the resolution he had to dissolve the Assembly and did aske their advice for the manner of doing it after hearing each of their advice severally he was confirmed in his resolution The reason why Our Commissioner held the Councell in that place was because some of Our Councell who were present should have no time to communicate his resolution to the Covenanters nor to consult with them about the hindering it the Assembly being fully set before the Councell came out so that what had passed there could not be communicated to them The first thing propounded there by the Moderatour that day was this A day or two before there were brought into the Assembly three or foure great volumes by their new Clerke which he alledged were the Acts of the generall Assembly from the very first reformation of that Church which by the speciall providence of God and his own carefull industry had been recovered else they had been lost for ever to the invaluable losse of the puritie of the Religion and Discipline established amongst them for they had been throwne by for many yeeres untill he by some strange accident had light upon them after which speech of the Clerke the Moderatour had desired them to chuse a Committee to peruse these Bookes and to report to the Assembly whether
disorders absolutely forgotten and forgiven and for the more full and cleare extirpating all ground and occasion of feares of innovation of Religion We had commanded the confession of faith and band for maintenance thereof and of authoritie in defence of the same subscribed by Our deare Father and his houshold in anno 1580. to bee renewed and subscribed againe by Our subjects here Like as for settling of a perfect peace in the Church and Common-wealth of this Kingdome We caused indict a free generall Assembly to bee holden at Glasgow the 21. of this instant and thereafter a Parliament in May 1639. By which element dealing We looked assuredly to have reduced Our subjects to their former quiet behaviour and dutifull carriage whereto they are bound by the Word of God and Lawes both nationall and municipall to Us their native and Soveraigne Prince And albeit the wished effects did not follow but by the contrary by Our so gracious procedure they were rather emboldened not onely to continue in their stubborne and unlawfull waies but also daily adde to their former procedures acts of neglect and contempt of authority as evidently appeared by open opposing of Our just and religious pleasure and command exprest in Our last Proclamation anent the discharge of the Service Booke Booke of Canons high Commission c. protesting against the same and striving by many indirect meanes to withdraw the hearts of Our good people not onely from a hearty acknowledgement of Our gracious dealing with them but also from the due obedience to those Our just religious commands notwithstanding We had been formerly so oft petitioned by themselves for the same By their daily and hourely guarding and watching about Our Castle of Edinburgh suffering nothing to bee imported therein but at their discretion And openly stopping and impeding any importation of ammunition or other necessaries whatsoever to any other of Our houses within that Kingdome Denying to Us their Soveraigne Lord that libertie and freedome which the meanest of them assume to themselves an act without precedent or example in the Christian world By making of Convocations and Councell Tables of Nobility Gentry Burrowes and Ministers within the Citie of Edinburgh where not regarding the Lawes of the Kingdome they without warrant of authoritie conveene assemble and treat upon matters as well ecclesiasticall as civill send their injunctions and directions throughout the countrey to their subordinate Tables and other under-ministers appointed by them for that effect And under colour and pretext of Religion exercing an unwarranted and unbounded libertie require obedience to their illegall and unlawfull procedures and directions to the great and seen prejudice of Authority and lawfull Monarchicall government And notwithstanding it was evidently manifest by the illegall and unformall course taken in the election of their Commissioners for the Assembly whereof some are under the censure of this Church some under the censure of the Church of Ireland and some long since banished for open and avowed teaching against Monarchie others of them suspended and some admitted to the Ministerie contrary to the forme prescribed by the Lawes of this Kingdome others of them a long time since denounced Rebels and put to the Horne who by all law and unviolable custome and practique of this Kingdome are and ever have been incapable either to pursue or defend before any Judicatorie far lesse to be Judges themselves some of them confined and all of them by oath and subscription bound to the overthrow of Episcopacie And by this and other their under-hand working and private informations and perswasions have given just ground of suspicion of their partiality herein so made themselves unfit Judges of what concerneth Episcopacie And also it was sufficiently cleared by the peremptorie and illegall procedures of the Presbyteries who at their own hand by order of law and without due forme of processe thrust out the Moderatours lawfully established and placed others whom they found most inclinable to their turbulent humours associate to themselves for the choosing of the said Commissioners for the Assembly a Laick-Elder out of each Paroch who being in most places equall if not moe in number then the Ministerie made choice both of the Ministers who should be Commissioners from the Presbyteries as also of a Ruling-Elder being directed more therein by the warrants from the foresaid pretended Tables then by their owne judgements as appeares by the severall private instructions sent from them farre contrary to the Lawes of the Countrey and lowable custome of the Church by which doings it is too manifest that no calme nor peaceable procedure or course could have been expected from this Assembly for settling of the present disorders and distractions Yet We were pleased herein in some sort to blindfold Our own judgement and over-looke the saids disorders and patiently to attend the meeting of the said Assembly still hoping that when they were met together by Our Commissioner his presence and assistance of such other well disposed subjects who were to be there and by their owne seeing the reall performance of all that was promised by Our last Proclamation they should have been induced to returne to their due obedience of subjects But perceiving that their seditious disposition still increases by their repairing to the said Assembly with great bands and troupes of men all boddin in feare of warre with guns and pistolets contrarie to the lawes of this Kingdome custome observed in all Assemblies and in high contempt of Our last Proclamation at Edinburgh the 16. of this instant As also by their peremptory refusing of Our Assessors authorized by Us although fewer in number then Our dearest Father was in use to have at divers Assemblies the power of voting in this Assembly as formerly they have done in other Assemblies and by their partiall unjust and unchristian refusing and not suffering to bee read the reasons and arguments given in by the Bishops and their adherents to Our Commissioner why the Assembly ought not to proceed to the election of a Moderatour without them neither yet to the admitting of any of the Commissioners of the saids Commissioners from Presbyteries before they were heard object against the same though earnestly required by our Commissioner in our name And notwithstanding that our Commissioner under his hand by warrant from us gave in a sufficient declaration of all that was contained in our late proclamation and declaration the same bearing likewise our pleasure of the registration of the same in the books of assembly for the full assurance of the true religion to all our good subjects And yet not resting satisfied therewith lest the continuance of their meeting together might produce other the like dangerous acts derogatorie to royall authoritie we have thought good for preveening thereof and for the whole causes and reasons above-mentioned and divers others importing the true monarchicall government of this estate to dissolve and breake up the said assembly And therefore OVR will is and we
doe discharge and inhibit all and whatsoever pretended commissioners and other members of the said pretended assembly of all further meeting and conveening treating and concluding any thing belonging to the said assembly under the pain of treason declaring all and whatsoever that they shall happen to doe in any pretended meeting thereafter to be null of no strength force nor effect with all that may follow thereupon Prohibiting and discharging all our lieges to give obedience thereto and declaring them and every one of them free and exempt from the same and of all hazzard that may ensue for not obeying thereof And for this effect we command and charge all the foresaids pretended commissioners and other members of the said assembly to depart forth of this city of Glasgow within the space of xxiiii houres after the publication hereof and to repair home to their own houses or that they goe about their own private affaires in a quiet manner With speciall provision alwayes that the foresaid declaration given in under our Commissioners hand with all therein contained shall notwithstanding hereof stand full firm and sure to all our good subjects in all time coming for the full assurance to them of the true religion And our will is and we command and charge that incontinent these our letters seen ye passe and make publication hereof by open proclamation at the market crosse of Glasgow and other places needfull wherethrough none pretend ignorance of the same Given under our signet at Glasgow the 29. of November and of our reign the fourteenth year 1638. Sic Subscribitur HAMILTOUN Traquaire Roxburgh Murray Linlithgow Perth Kingorne Tullibardin Hadingtoun Galloway Annandaill Lauderdaill Kinnoull Dumfreis Southesk Belheaven Angus Dalyell J. Hay W. Elphinstoun Ja. Carmichael J. Hamiltoun THis Proclamation being very solemnly made with sound of Trumpets and by Harolds with coats of Our arms on their backs at the market Crosse of Glascow was received with a Protestation read in the same place by Iohnston the then Clerk of the Assembly assisted by the Lord Areskyn and divers others young Noblemen and Gentlemen The paper which Iohnston read was not as it seemeth that very Protestation which they printed for he read something out of a paper to that purpose and offered it by the name of a Protestation to him who read Our Proclamation which paper the Clarke of our Councell offering to receive Iohnston refused to deliver it saying He must stay untill it were written By which it is evident that they who at Glascow protested against Our Proclamation did protest and desired their Protestation to be received before it was penned as it is now printed and before they could so much as send to them in whose name it was made to know whether they would adhere to it or not But a Protestation against it they have since printed which here now we doe subjoyne that the reader may see how groundlesse and unwarrantable it is The Protestation of the generall Assembly of the Church of SCOTLAND c. Made in the high Kirk and at the Market Crosse of Glasgow Novemb. 28. and 29. An. 1638. WEE Commissioners from Presbyteries Burghes and Vniversities 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 own Church And we Noblemen Barons Gentlemen Ministers Burgesses and Commons Subscribers of the Confession of Faith Make it knowne that where We His Majesties loyall Subjects of all degrees considering and taking to heart the many and great innovations and corruptions lately by the Prelates and their adherents intruded into the doctrine worship and discipline of this Church which had been before in great purity 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 Assemblie as the only legall and ready 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 hear and redresse the just grievances of the good Subjects who by many petitions and frequent conferences being fully informed of the absolute necessity of a free generall Assemblie as the only Iudicatorie which had power to remedie those evils was pleased to undergoe the paines of a voyage to England for presenting the pittifull condition of our Church to to his sacred Majestie And the said Commissioner his Grace returned againe in August last with power to indict an Assemblie but with the condition of such prelimitations as did both destroy the freedome of an Assembly 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 He was againe pleased to undertake another journey to His Majestie and promised to indeavour to obtain 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 be cognosced judged and determined by the Assembly as the onely Iudge 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 ioy of all good Subiects 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 practice 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 thereof by such members as by all law reason and custome of this Church were ever admitted in our free Assemblies and by denying his approbation to the things proponed and concluded though most cleare customable and uncontraverted And now since his Grace after the presenting and reading of his owne 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
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
sway of these lay-Elders insomuch that all the time which Our Commissioner stayed in the Assembly it was a very rare thing to heare a Minister speake for there was one Earle and one Lord who spake farre more then all the Ministers except the Moderatour And in the Assembly every thing which was put to voices was so clearly discerned to have been resolved amongst themselves before by a palpable pre-agreement that it was very tedious to the auditors to heare the List of the Assembly called when the conclusion of it was knowne to them all after the hearing of his voice who was first called which made some present to envie no member of the Assembly but one whose fortune it was ever to bee first called his name being set downe first in the List his name was Master Alexander Carse Minister of Polwart one of the Commissioners from the Presbyterie of Dunce For if the Acts of this Assembly should come out in Latine and bee thought worth any thing in the Christian world and withall it should be expressed that the List of the members of it was called to the passing of every Act and his name should ever be found to be the first there was never a Father nor Bishop whose name is in any of the Greeke or Latine Councells so famous as this man should now be for hee would be taken for a man of an unparalleled judgement both for soundnesse and profoundnesse from whose judgement not one of the whole Assembly except one and that but once did ever swerve in the least particular for as he begun all the rest did constantly follow All these things being well considered what hope could bee conceived of any good either for the Church or Kingdome from an Assembly thus miserably constituted And therefore We resolved to dissolve it as knowing that it would make that Church and Kingdome ridiculous to the whole World especially to the adversaries of Our Religion that it would both grieve and scandalize all the other Reformed Churches and make Our Justice to bee universally traduced if We should have suffered the Bishops Our subjects in that which concerned their callings their reputations and fortunes to be judged by their sworne enemies thus prepapared against them After Our Commissioners departure from Glasgow they still continued their Assembly notwithstanding Our dissolving it by Proclamation under paine of treason And then immediately the Earle of Argyle who indeed all this while had beene the heart of their Covenant begun to declare himselfe openly to be the head of it for he presently adjoined himselfe to them sate continually with them in the assembly although he were no member of it nor had suffrage there but sate onely as their chiefe director and countenancer and indeed like Our Commissioner It was not to be expected that after We had dissolved the assembly they would observe any greater moderation in their proceedings then they had done before nor did they indeed for all things passed in a hudling confusion nothing argued publikely but every particular referred to some few Committees who were the most rigidest they could pick out of the whole packe what they resolved on was propounded presently to the assembly swallowed downe without further discussing Mr Alexander Carse was called up what he said first all the rest said the same In one houre they declared six generall assemblies to be null and void though two of them were then and are still in force by severall acts of Parliament and divers acts of the other foure are ratified and confirmed by Parliament In another houre they condemned upon the report of a few Ministers all the Arminian tenets as they call them and under that name many things received by all the Reformed Churches a strange way to condemne the Arminian tenets without defining what those tenets were In another houre they deprived the Archbishop of Saint Andrewes the Bishops of Galloway and Brechen and so at other times all the rest of the Bishops many of whom they likewise excommunicated where it is observable that in the printed acts of this their now after Our dissolving of it pretended assembly the acts of the depositions of the Bishops beare no such odious crimes as they had made Our people beleeve they were guilty of in that infamous libell which they caused to be read in the Pulpits against them for proofe whereof We have caused one of their sentences of deposition to be here inserted whereby it may be seene that not so much as one witnesse was examined nor offered to be produced against them for any one of those fearfull crimes with which they were slandered in the libell but were onely deposed for their obedience to acts of Parliaments and generall assemblies Sentence of deposition against Mr John Guthrie pretended Bishop of Murray Mr John Grahame pretended Bishop of Orknay Mr James Fairly pretended Bishop of Lismoir Mr Neil Campbell pretended Bishop of Isles THe generall Assembly having heard the libels and complaints given in against the foresaids pretended Bishops to the Presbytery of Edinburgh and sundry Presbyteries within their Diocesse and by the saids Presbyteries referred to this Assembly to be tried The saidâ— pretended Bishops being lawfully cyted oftentimes called and not compearing proceeded to the cognition of the complaints and libels against them and finding them guiltie of the breach of the cautions agreed upon in the Assembly at Montrose Anno 1600. for restricting of the Minister voter in Parliament from incroaching upon the liberties and jurisdictions of this Kirk which was set downe with certification of deposition infamie and excommunication and especially for receiving consecration to the office of Episcopacie condemned by the Confession of Faith and Acts of this Kirke as having no warrant nor foundament in the word of God and by vertue of this usurped power and power of the high Commission pressing the Kirke with novations in the worship of God and for their refusall to underlye the triall of the reigning slander of sundry other grosse transgressions and offences laid to their charge Therefore the Assembly moved with zeale to the glorie of God and purging of this Kirke ordaines the saids pretended Bishops to be deposed and by these presents doth depose them not onely of the office of Commissionarie to vote in Parliament Councell or convention in name of the Kirke but also of all functions whether of pretended Episcopall or ministeriall calling And likewise in case they acknowledge not this Assembly reverence not the constitutions thereof and obey not the sentence and make not their repentance conforme to the order prescribed by this Assembly ordaines them to be excommunicated and declared to be of these whom Christ commandeth to be holden by all and every one of the faithfull as Ethnicks and Publicans and the sentence of excommunication to be pronounced upon their refusall in the Kirks appointed by any of these who are particularly named to have the charge of trying their repentance or impenitencie
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
unlesse they bee required so to doe by such as shall have lawfull authoritie from his Majestie to administer it unto them being confident that none either will or can take the said oath or any other oath in any sense which may not consist with episcopall government having his Majesties sense and so the sense of all lawfull authority fully explayned to them HAMILTOUN THat episcopall jurisdiction was in force by acts of parliament no wayes abolished nor suppressed in the yeare 1580. nor at the time of reformation of religion within the realm of Scotland doth evidently appeare by the acts of parliament after mentioned First by the parliament 1567. cap. 2. whereby at the time of reformation the Popes authoritie was abolished it is enacted by the said act That no bishop nor other prelate in this realme use any jurisdiction in time coming by the bishop of Romes authority And by the third act of the same parliament whereby it is declared That all acts not agreeing with Gods word and contrary to the confession of faith approved by the estates in that parliament to have no effect nor strength in time to come Whereby it is evident that it was not the reformers intētion to suppresse episcopacie but that bishops should not use any jurisdiction by the bishop of Rome his authority seeing they did allow episcopacie to cōtinue in the church that they did not esteeme the same contrary to Gods word and confession foresaid as appeares more clearly by the sixth act of the said parliament which is ratified in the parliament 1579. cap. 68. whereby it is declared That the ministers of the blessed Evangell of Iesus Christ whom God of his mercie hath now raised up amongst us or hereafter shall raise agreeing with them that now live in doctrine or administration of the sacraments and the people of this realme that professe Christ as hee is now offered in his Evangel and doe communicate with the holy sacraments as in the reformed kirks of this realme they are publickly administrate according to the confession of the faith to be the only true and holy kirk of Iesus Christ within this realme without any exception by reason of policie and discipline declaring only such as either gain-say the word of the Evangel according to the heads of the said confession or refuse the participation of the holy sacraments as they are now ministrate to bee no members of the said kirk so long as they keep themselves so divided from the societie of Christs body Whereby it is manifest that it was not the said reformers minde to exclude any from that society by reason of discipline and that they did not at that time innovate or change any thing in that policie they found in the said kirk before the reformation This is likewaies evident by the oath to be ministred to the king at his coronation by the eigth act of the said parliament wherby he is to sweare to maintaine the true religion of Iesus Christ the preaching of his holy word due and right ministration of the sacraments now received and preached within this realme and shall abolish and gainstand all false religion contrarie to the same without swearing to any innovation of policie and discipline of the kirk Secondly it doth evidently appeare by these subsequent acts of parliament that by the muncipall law of this realme archbishops and bishops was not only allowed in the kirk but also had jurisdiction and authority to governe the same First by the 24. act of the said parliament whereby all civill priviledges granted by our soveraigne Lords predecessors to the spirituall estate of this realme are ratified in all points after the form tenor therof And by the 35. act of the parliament 1571. whereby all and whatsoever acts and statutes made of before by our soveraigne Lord and his predecessors anent the freedome and liberty of the true kirke of God are ratified and approved By the 46. act of the parliament 1572. whereby it is declared that archbishops and bishops have the authority and are ordained to conveen and deprive all inferiour persons being ministers who shall not subscribe the articles of religion and give their oath for acknowledging and recognoscing of our soveraigne Lord and his authority and bring a testimoniall in writing thereupon within a moneth after their admission By the 48. act of the same parliament whereby it is declared that archbishops and bishops have authority at their visitations to designe ministers gleibes By the 54. act of the said parliament whereby archbishops and bishops are authorized to nominate and appoint at their visitations persons in every parochin for making and setting of the taxation for upholding and repairing of kirks and kirk-yards and to conveene try and censure all persons that shall be found to have applied to their own use the stones timber or any thing else pertaining to kirks demolished By the 55. act of the parliament 1573. whereby archbishops and bishops are authorized to admonish persons married in case of desertion to adhere and in case of disobedience to direct charges to the minister of the parochin to proceed to the sentence of excommunication By the 63. act of the parliament 1578. whereby bishops and where no bishops are provided the Commissioner of diocesses have authority to try the rents of hospitals and call for the foundations thereof By the 69. act of the parliament 1579. whereby the jurisdiction of the kirk is declared to stand in preaching the word of Iesus Christ correction of manners and administration of the holy sacraments and yet no other authority nor office-bearer allowed and appointed by act of parliament nor is allowed by the former acts but archbishops and bishops intended to continue in their authority as is clear by these acts following First by the 71. act of the same parliament whereby persons returning from their travels are ordained within the space of twenty dayes after their returne to passe to the bishop superintendent commissioner of the kirks where they arrive and reside and there offer to make and give a confession of their faith or then within fourtie dayes to remove themselves forth of the realme By the 99. act of the parliament 1581. whereby the foresaids acts are ratified and approved By the 130. act of the parliament 1584. whereby it is ordained that none of his Majesties lieges and subjects presume or take upon hand to impugne the dignitie and authoritie of the three estates of this kingdome whereby the honour and authority of the Kings Majesties supreme court of parliament past all memorie of man hath beene continued or to seek or procure the innovation or diminution of the power and authoritie of the same three estates or any of them in time coming under the paine of treason By the 131. act of the same parliament wherby all judgements jurisdictions as well in spirituall as tēporall causes in practice custome during these twenty foure yeares by-past not approved
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
for them to doe that yet it were the more tolerable if they did as they say but they doe make good what they say by telling the world what they meane by things Ecclesiasticall and their meaning they doe expresse in the very termes of the Jesuites for by Ecclesiasticall they meane as their practice sheweth any thing which is in ordine ad Ecclesiastica nay more in ordine ad Spiritualia whatsoever may bee thought conducible to the good of the Church or to any spirituall good and yet more vastly to the glorie of God by which latitude of the word Ecclesiasticall We would know what they have left without the compasse of their cognisance Just nothing For in this sense they may set the price on victuals they may censure the actions of all men in what kind soever because Saint Paul biddeth us Whether we eate or drinke or whatsoever we doe doe it all to the glory of God And truly from this false and Jesuiticall interpretation of this word Ecclesiasticall have issued most of all their acts of sedition and rebellion They have provided armes for Our subjects they first blocked up all Our Forts Castles and since have taken them stopped Our Officers from carrying victualls or ammunition into them they have raised Forts taxed Our subjects levied souldiers against Us not onely turned Us out of the possession of Our Castles but so farre as in them lies defeated Our title to them by declaring that they are not Our Castles but the Kingdomes they have incroached upon the undoubted bounds and markes of Our Soveraigntie by sending warrants to Our Sheriffes for chusing Commissioners for the Shires for the next Parliament they have discharged Our own Printer for printing any thing which concerneth these troubles or may make against them though commanded by Us and by Our Councell so that if We have any thing to print there We must first be a suiter to Jhonston their Clerke for his hand to it else it cannot passe they have injoyned or at least suffered the Preachers of their owne side to pray and preach most bitterly against Us and Our authoritie those Preachers who continued in their loyaltie towards Us they have most unjustly against Our lawes deprived of their Benefices and most unmercifully and unchristianlike exposed them to miserie and beggerie they have most contemptuously and rebelliously used Our Councellours and Judges When they are asked why they doe these things and by what authoritie they doe them To the first they answer onely That they doe them for the good of the Church and the glorie of God that Religion may bee preserved the honour of God maintained and his glorie increased Who would thinke that there should bee men found in the world who call themselves after the name of Christ and invocate the name of God and yet dare profane and abuse the names of Religion God and his glorie and to intitle those glorious names to such lewd actions of treason and rebellion as can proceed from none but the Devill To the second By what authoritie they doe these things which are expresly against the Acts of Parliament Acts of Councell and Acts of generall Assemblies They answer that these Acts of Assembly were unduely obtained and that now they have rescinded them For Acts of Parliament and Acts of Councell they expresse great wonder and admiration that any man should question their authoritie over them For that question they use to answer with another of their owne viz. Whether any man doth hold Christ or Us to be supreme and being answered that Christ is supreme then they conclude That they being his Councell must likewise be supreme That the Parliament is but the Councell of the Kingdome That Our Privie Councellours and Judges are but the Councell and Judges of the King but that they themselves are the immediate and independent Councellours of and Judges under Christ who is the King of all kings and kingdomes and that therefore in all causes which they conceive to concerne Christ and his Kingdome which is his Church they are supreme and independent above Us Our Parliament Our Councell Our Judges And that if Our Councellours or Judges doe not obey their commandements they will proceed to the sentence of Excommunication against them and by the same reason though as yet they have not said it they may proceed against Us with the same sentence for We acknowledge Christ to bee the supreme King as much as Our Councellours and Judges doe acknowledge him to be the supreme Lord and Judge These furious frensies have not been heard of in the world since the Anabaptists madnesse reigned in Germanie in Charles the fifth his time which was most strongly and vehemently opposed by the Protestant Princes who adhered to the Augustan confession and if Luther and Melancthon whom God used as the chiefe instruments in reforming the abuses of the Church of Rome had not shewed themselves in their Sermons Lectures in the Universities and publique writings which they published stout Champions against them and thereby had drawne all Protestants to detest and persecute them undoubtedly the Reformation of the Church falling out to bee about the same time when these Anabaptists raged most in their madnesse had laboured and suffered extremely under the scandall of their frensies in the opinion of all those who were attending and looking after the issue of that Reformation And yet these same fooleries and frensies are daily acted by these who call themselves Commissioners of the Table and presented to the Readers of their Pamphlets and Protestations with the titles of irrefragable undeniable convincing unquestionable Sun-shine truths and twenty more such false impudent epithets as one would wonder from whence they fetch the faces that can beare them out in saying so when the whole Christian World who shall read them upon the very first view or reading must discerne that there is not the least step or shadow of truth to be found in them We confesse We were amazed at and aggrieved with their horrible impudence expressed in their last Petition sent unto Us in which they did invocate the name of God calling him not onely as a witnesse but as an approver of their actions at their pretended assurance of Our justification of them all when they undoubtedly know that We doe abhorre and detest them all as rebellious and treasonable at their shamelesse asseveration of their confidence that their neighbour Churches will approve all their proceedings that they are affraid they should bee thought to have offended in nothing so much as in lenitie when they have proceeded to the deposition and excommunication of the Bishops and others their opposers which is the utmost of that power which ever any Church did yet challenge to it selfe and many more such audacious untruths which after We once heard read We resolved never to answer and now doe answer it onely thus That in the maine points of it there is not one true word To say nothing
none of these things were so yet Wee would be satisfied in this point Whether Our refusing of the intrusion of lay-Elders and the extrusion of Episcopall government can bee to the conscience of any man a sufficient warrant or ground for his taking armes against his lawfull King and Soveraigne for now their very Leaders acknowledging that We have given them satisfaction in the rest make these two the onely ground of all their armes And Wee appeale to the consciences of most of Our subjects Covenanters if when they entered into that Covenant at the first they did ever imagine that they should be perswaded to take armes against Us for these two points of lay-Elders and Episcopall government if they should receive satisfaction from Us in their other grievances and feared innovations as We have before declared Wee are confident that no such matter was then within the compasse of their thoughts We then having fully removed those pretended feares which occasioned their Covenant Wee cannot but hope that Our seduced subjects will returne to their former obedience but for their seducers Wee know that some of them from the very first were resolved never to receive any satisfaction This grand imposture and calumnie with the other three being removed We will now declare fully and freely to all Our subjects of Our three Kingdomes and to all forrainers besides the true and onely causes which doe inforce Us at this time to use force for the repressing of the insolencies of such of Our subjects in that Kingdome as shall stand out against Us first protesting that none of the causes before mentioned suggested by their Leaders have settled in Us this resolution but onely these causes which now follow First We will never endure that any of Our subjects nay that all Our subjects if they could possibly bee all of one mind out of Parliament shall ever abolish or destroy any Act of Parliament especially not Noblemen and others assembled in an Ecclesiasticall Assembly for to hold that any Assembly of subjects out of Parliament or in Parliament without Our consent may abolish any Act of Parliament destroyeth the very foundation of government and justice in all Monarchies and the doing of it by Ecclesiasticall persons in their Councells and Synods hath been the cause of infinite calamities and miserable wars and devastation of Kingdomes in the Christian World since the Pope and his Conclave did usurp that unlawfull and unlimited power which being in that Our Kingdome in all these late troubles practised against the expresse lawes of the same Wee are resolved to punish unlesse the offenders betake themselves to Our mercie Secondly We are resolved not to endure that any of Our subjects without Our consent and the consent of the Parliament shall destroy any of the three Estates of Parliament which they in their late pretended Assembly have gone about to doe Thirdly We are resolved not to endure that any generall Assembly shall be called but by Our indiction according to an expresse Act of Parliament in that case provided or that it shall continue after that Wee by Our authority have dissolved it and are resolved to punish them who shall doe so as Our Royall Father punished those who did the like at Aberdene Fourthly We are resolved to punish those who have imposed taxes upon Our subjects levied men or armes raised any fortifications in that Our Kingdome without Our leave and first blocked up and then taken Our Castles and Forts and by violence dispossessed Our loyall subjects of their houses and castles detaining them by force for all these by the expresse Lawes of that Our Kingdome are acts of treason and rebellion Fifthly We are resolved not to endure that the Protestations of subjects against Us Our Councell Our Judges and Lawes shall discharge the obedience of the protesters unto these Lawes unlesse they be admitted before the competent Judges and legally discussed before them the contrarie whereof hath been practised by the Covenanters all the time of these tumults Sixthly We are resolved not to endure that Our subjects shall enter into any covenant or band of mutuall defence without Our leave asked and obtained it being expresly forbidden by divers Acts of Parliament of that Our Kingdome for this hath been and still is the ground of all this Rebellion Seventhly and principally We are resolved not to endure that any of Our subjects under the name of a Table or Committees of the generall Assembly or under any other name title or pretence whatsoever shall sit without Our consent and authoritie and order businesse of the Church and Kingdome at their pleasure and if they shall be called in question for the same by Us Our Councell or Judges shall appeale from Us and them and refuse to be judged by either alledging that they will be judged by none but by the generall Assembly which is Christs owne immediate Councell and therefore hath no dependencie from or subordination either to Our Councell or Judges or Our Parliament which is the Councell of Our Kingdome and so that both Church-men and lay-men under Ecclesiasticall names shall exempt themselves from the authoritie of Us and Our Lawes and the Assembly it selfe shall hold the members of it free from being judged in all matters of Assembly by any but by it selfe which by the Lawes of that Our Kingdome is treason as appeareth by the Act cyted in the bodie of this narration Now all this hath been practised and is practised by those which call themselves of the Table From all which We hope it is evident that the offences which We resolve to punish in some of Our subjects doe not concerne Religion So that the question is not Whether there shall be a Service Booke Booke of Canons high Commission nay nor whether there shall be no lay-Elders in Assemblies or no Episcopall government though We are resolved to reject the one and retaine the other But the question indeed is neither more nor lesse then this Whether We and Our Successours shall be any more Kings of that Kingdome for if these traiterous positions shall bee maintained and made good by force of armes then We and Our Successours can bee no more Kings there Our Parliament Councell and Judges have no more authoritie there So that unlesse We will give over to be King and so betray and desert that charge wherewith God hath intrusted Us We must use that power which God hath put in Our hands and by faire just and legall waies to Our great griefe force them to obedience These are the true reasons which have forced Us to undertake this journey and to make use of the armes and aide of Our loyall subjects here for the securitie of this Kingdome and safeguard of Our person as likewise of the armes and aide of Our subjects of that Kingdome for the same purposes And here first We call God to witnesse what an unwelcome journey this is unto Us and how unwillingly We doe undertake it Secondly We
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
forme and the honour of Religion then for any use or necessitie of it all the former Lawes still standing in force and vigour without the need of any new ratification At this time many of Our subjects of greatest qualitie were suitors to Us for new Titles of Honour Gentlemen to bee Lords Lords to bee Earles Impossible it was for Us to satisfie all suitors in that kinde without the prostitution of Honour to a just and open contempt and therefore being put upon a choice and selection We held it fitter in the point both of honour and justice to passe by such as both privately in their secret meetings and openly in the Parliament house had shewed their disrepects to Us and Our just proceedings then those who had carried themselves not only loyally and dutifully but affectionately and heartily to Us and Our service Upon this occasion many of those who were then passed by and are now principall Covenanters seeing others advanced to degrees of honour above themselves begun then presently to mutter but not to mutinie untill We were gone from thence But scarsly were We well returned into England when the discontent of these men resolved it selfe into a plaine sedition For then they had the impudence to give it out that voyces were bought and packed in the late Parliament nay that the voyces were not truely numbred but that some Acts were past without pluralitie of suffrages A calumnie so foule and blacke as that they themselves did know it to be most false For had there beene the least suspicion of truth in it they might have made tryall thereof by surveying their owne papers and the papers of many hundreds present who took notes of the number of voyces which were given either by assenting to or disassenting from the severall Acts read and proposed by which papers if they had found but the weakest ground for this their strong but false report We have no reason to thinke that either their mercie or modestie was such that they would have forborne the calling of the Clerke of Our Register in question for it it being as our Chancellors office to aske the voyces so Our Clerke of Registers office to take them and record them and according to his owne and his Clerkes notes who assist him to pronounce the Act passed or stopt In which it is impossible he should deale but with sinceritie for else the notes taken by most of the Auditors being a present and powerfull conviction of his false dealing must presently transmit him to highest Censure and punishment But knowing that in a publike and judiciall way they must needs faile in their proofe of this calumnie they betook themselves to the secret and seditious way of malecontents For first they used clancularie surmises then they sent about from hand to hand a clandestine infamous Libell and by it they impoysoned the hearts of many of Our good subjects with a suspicion of obliquitie in Our proceedings at the late Parliament This infamous Libell comming to the knowledge of Our Privie Councell there first they of themselves then afterwards having made Us acquainted with it by Our commandement entred into an inquirie both of the authors and abetters of that seditious Libell Who found that the author upon whom it was shifted and fathered was one Hagge then and still fugitive but that the abetters countenancers and dispersers of it were many and some of them of greatest qualitie and now principall Covenanters Wee out of our innate and usuall clemencie were graciously pleased that the feare and example might reach to all but the punishment onely to one of them to passe by many who undoubtedly had beene concluded and involved by Our Lawes in the same sentence if Wee had proceeded against them and to single out one of that ranke who was most obliged to Us and Our Crowne and therefore both for his ingratitude and crime had no reason to expect any thing from Us but the justice of Our lawes This one was the Lord Balmerino his Father was principall Secretary of State for that Our Kingdome to Our Father of happy memory to whom he was beholden both for the honour of his Baronie and for his whole fortune and estate which he got in his service But he was since Our Royall Father his comming to the Crowne of England arraigned for and attainted of high Treason in Scotland found guilty of it by his Peeres and accordingly received sentence to be hanged drawne and quartered his bloud tainted his whole estate forfeited to the Crowne Yet such was the gracious clemencie of Our Royall Father that He onely for a little time continued this condemned and forfeited Lord in prison afterward confined him but to a large circuit and then restored not onely the bloud of himselfe and his children but also their honour and whole estate Now this present Lord Balmerino being so extraordinarily obliged to Our Royall Father and Our Crowne for the life of his father his owne honour and whole fortunes and so being one from whom We the sonne of that Royall and Gracious Father to him and his whole family had no reason to expect perfidiousnesse and ingratitude he could not have the least shew of reason to expect any favour from Us but the favour of a faire and legall tryall which We granted him At that tryall and arraignment he was by his Peeres found guilty of abetting and dispersing that infamous Libell made against Us and accordingly was to receive sentence of death for it which Our chiefe Justice respited onely untill Our pleasure might bee knowne Then indeed they who afterwards proved the contrivers of the late Covenant and their adherents begun to complaine of the hard measure which was offered to this Lord and to lay false and wicked aspersions upon his Peeres who found him guilty but finding that all the proceedings were usuall and legall they could not but have acquit the Judge if hee should have condemned him nor could they have found the least blemish in Our justice if Wee should have given warrant both for his sentence and execution whose life was now legally devolved into Our hands and therefore this convicted Lord betook himselfe onely to Our mercie which We shewed to him in that height as Wee are confident it is hardly to be patterned by any president For notwithstanding the head of this family which was first raised by Our Father and then being falne yet raised by Him againe and now relapsed was once againe brought under Our axe as it had beene before brought under the axe of Our Royall Father We desirous to shew Our selfe the true heire of none of Our blessed Fathers vertues more then of his mercie and clemencie were contented upon his deep protestations of loyaltie for the time to come to grant him under Our great Seale for that Our Kingdome not onely a Pardon of that crime of which he stood convicted but also his full libertie and inlargement Which gracious Pardon of Ours when
represented the third Estate since the Reformation beginning no higher then the yeare 1579. In which the Reader must note that the Abbots were secular men who had got the Abbey-lands but yet retained their names and places in Parliament Parliament 23. Octob. 1579. Sederunt pro Clero Archb. S. Andrews Sederunt pro Clero Glasgow Sederunt pro Clero Dunkell Sederunt pro Clero Murray Sederunt pro Clero Orknay Sederunt pro Clero Brechin Sederunt pro Clero Abbots 15. Parliament penult Octob. 1581. Sederunt pro Clero Archb. S. Andrews Sederunt pro Clero Brechin Sederunt pro Clero Orknay Sederunt pro Clero Abbots 12. Parliament 2. Octob. 1583. Sederunt pro Clero Archb. S. Andrews Sederunt pro Clero Dunkell Sederunt pro Clero Aberdene Sederunt pro Clero Brechin Sederunt pro Clero Orknay Sederunt pro Clero Dumblane Sederunt pro Clero Argyl Sederunt pro Clero Iles. Sederunt pro Clero Abbots 13. Parliament 22. May 1584. Sederunt pro Clero Archb. S. Andrews Sederunt pro Clero Dunkel Sederunt pro Clero Brechin Sederunt pro Clero Orknay Sederunt pro Clero Abbots 11. Parliament 26. August 1584. Sederunt pro Clero Archb. S. Andrews Sederunt pro Clero Dunkel Sederunt pro Clero Brechin Sederunt pro Clero Aberdene Sederunt pro Clero Abbots 4. Parliament 1. Decemb. 1585. Sederunt pro Clero Archâ— S. Andrews Sederunt pro Clero Dunkel Sederunt pro Clero Brechin Sederunt pro Clero Orknay Sederunt pro Clero Abbots 9. Parliament 13. July 1587. Sederunt pro Clero Archb. S. Andrews Sederunt pro Clero Aberdene Sederunt pro Clero Dunkell Sederunt pro Clero Orknay Sederunt pro Clero Brechin Sederunt pro Clero Abbots 13. Parliament 3. Aprill 1592. Sederunt pro Clero Orknay Sederunt pro Clero Dunkell Sederunt pro Clero Abbots 6. Parliament 3. Aprill 1593. Sederunt pro Clero Aberdene Sederunt pro Clero Brechin Sederunt pro Clero Abbots 6. Parliament 22. Aprill 1594. Sederunt pro Clero Dunkell Sederunt pro Clero Aberdene Sederunt pro Clero Brechin Sederunt pro Clero Abbots 5. Parliament 1. Novemb. 1597. Sederunt pro Clero Abbots 5. Parliament 1. Novem. 1600. Sederunt pro Clero Dunkell Sederunt pro Clero Brechin Sederunt pro Clero Abbots 6. Parliament 12. Aprill 1604. Sederunt pro Clero Glasgow Sederunt pro Clero Dunkell Sederunt pro Clero Rosse Sederunt pro Clero Brechin Sederunt pro Clero Caithnes Sederunt pro Clero Abbots 3. Parliament 3. July 1606. Sederunt pro Clero S. Andrewes Sederunt pro Clero Glasgow Sederunt pro Clero Dunkell Sederunt pro Clero Rosse Sederunt pro Clero Galloway Sederunt pro Clero Orknay Sederunt pro Clero Abbots 1. Sederunt pro Clero Priors 1. Parliament 3. August 1607. Sederunt pro Clero St. Andrewes Sederunt pro Clero Glasgow Sederunt pro Clero Murray Sederunt pro Clero Brechin Sederunt pro Clero Caithnes Sederunt pro Clero Orknay Sederunt pro Clero Abbots 3. ABout this time Our Commissioner resolved to aske Our leave for his returne to Us seeing there was no good to bee expected from Our faire and gracious proceedings with them of the pretended Assembly and wrote unto Us accordingly When he had received Our leave for his returne hee hearing of the great stirres which were now raised at Edinburgh and the strong and great guards which were since his leaving of Glasgow put upon Our Castle there repaired thither to Our Palace at Holy-rood-house where he found the people of that Citie horribly abused by the mis-reports of all the passages of the Assembly whilst he continued at Glasgow especially with a false information that We had there made good nothing of all which was contained in Our last gracious Declaration made at Edinburgh the 22. of September last past herewith hee made Us presently acquainted which moved Us by a very speedie dispatch to command him by Our Proclamation to make known to all Our subjects at Edinburgh the summe of his whole proceedings at Glasgow which Our Commissioner presently performed by causing this Our ensuing Proclamation to bee published at the Market Crosse of that Our Citie Charles R. CHARLES by the grace of God King of Scotland England France and Ireland defender of the Faith To Our Lovits Maissars Heraulds Pursevants Our Sheriffes in that part conjunctly and severally specially constitute greeting Whereas for the removing of the disorders which had happened of late within this Our Kingdome and for setling of a prefect peace in the Church and Common-wealth thereof We were pleased to cause indict a free generall Assembly to be holden at Glasgow the one and twentieth of November last And for Our subjects their better content and assurance that they should bee freed of all such things as by their petitions and supplications given in to the Lords of Our Privie Councell they seemed to be grieved at We in some sort preveened the Assembly by discharging by Our Proclamation the Service Book Booke of Canons and high Commission freed and liberate Our subjects from the practising of the five Articles eximed all Ministers at their entry from giving any other oath then that which is contained in the act of Parliament made all persons both Ecclesiasticall Civill lyable to the censure of Parliament generall Assembly or any other judicatorie competent according to the nature of their offence had declared all by-gone disorders absolutely forgotten and forgiven and last for securing to all posteritie the truth and liberty of Religion did command the Confession of Faith and band for maintenance thereof and of authoritie in defence of the same subscribed by Our deare Father and his houshold in anno 1580. to be renewed and subscribed againe by Our subjects here And albeit that this Our gracious and pious command in stead of obedience and submission rancountred open and publicke opposition and protestation against the same And that they continued their daily and hourely guarding and watching Our Castle of Edinburgh suffering nothing to be imported therein but at their discretion stopping and impeding any importation of ammunition or other necessaries whatsoever to any of Our houses within this Kingdome Denying to Us their soveraigne Lord that libertie and freedome which the meanest of them assume to themselves an act without precedent or example in the Christian world Like as they spared not boldly and openly to continue their conventions and Councell tables of Nobility Gentrie Ministers and Burgesses within the citie of Edinburgh where not regarding the laws of the Kingdome without warrant of Authority they conveened assembled and treated upon matters as well Ecclesiasticall as Civill sent their injunctions and directions throughout the countrey to their subordinate tables and other under Ministers appointed by them for that effect And under colour and pretext of Religion exercing an unwarranted libertie required obedience to their unlawfull and illegall directions to the
seen prejudice of Authority and lawfull monarchicall government And notwithstanding it was evidently manifest by the illegall and unformall course taken in the election of the Commissioners for the Assembly whereof some of them were under the censure of this Church some under the censure of the Church of Ireland some long since banished for open and avowed teaching against Monarchie others of them suspended and some admitted to the Ministerie contrary to the forme prescribed by the lawes of this Kingdome others of them rebells and at the Horne some of them confined and all of them by oath and subscription bound to the overthrow of Episcopall Government And by this and other their under-hand working and private informations and perswasions have given just ground of suspicion of their partialitie and so made themselves unfit judges of what concerneth Episcopacie And al 's albeit it was sufficiently cleared by the peremptory and illegall procedures of the Presbyteries who at their owne hand by order of Law and without due forme of processe thrust out Moderatours lawfully established and placed others whom they found most inclinable to their turbulent humours associate to themseves for chusing of the Commissioners to the Assembly a Laick-Elder out of each Parish who being in most places equall if not moe in number then the ministerie made choice both of the ministers who should be Commissioners from the Presbyteries as also of a Laick-Elder which in time will prove to be of a dangerous consequence and import a heavie burthen to the libertie of Church and Church-men being more directed therein by the warrants of the foresaid pretended Tables then by their owne judgements as appeared by the severall instructions sent from them farre contrary to the Lawes of this Country and lowable custome of this Church some whereof were produced and exhibit by Our Commissioner and publikly read One whereof direct to the Noblemen and Barons of each Presbyterie doth among many other odde passages require diligence lest say they by our owne sillinesse and treacherie wee lose so faire an occasion of our libertie both Christian and Civill a strange phrase to proceed from dutifull or loyall hearted subjects The other to the Moderatours of the severall Presbyteries under the title of Private Instructions August 27. first containeth that these private instructions shall be discovered to none but to brethren well affected to the cause secondly order must be taken that none be chosen ruling Elders but Covenanters and those well affected to the businesse thirdly that where the Minister is not well affected the ruling Elder be chosen by the Commissioners of the shire and spoken to particularly for that effect fourthly that they be carefull that no Chappelmen chaptermen or Minister justice of peace be chosen although Covenanters except they have publikly renounced or declared the unlawfulnesse of their places fifthly that the ruling Elders come from every Church in equall number with the Ministers and if the Minister oppose to put themselves in possession notwithstanding of any opposition sixthly that the Commissioner of the shire cause conveen before him the ruling Elder of every Kirk chosen before the day of the election and enjoyne them upon their oath that they give vote to none but to those who are named already at the meeting at Edinburgh seventhly that where there is a Nobleman in the bounds of the Presbyterie he be chosen and where there is none there be chosen a Baron or one of the best quality and he onely a Covenanter eighthly that the ablest man in every Presbyterie be provided to dispute de potestate supremi magistratus in Ecclesiasticis praesertim in convocandis conciliis c. Whereby it is most evident what prelimitations indirect and partiall courses and dangerous propositions have beene used in the preparations and elections to this pretended Assembly By which unlawfull doings although Wee had sufficient reason to have discharged the meeting of the said Assembly yet We were pleased patiently to attend the same still hoping that when they were met together by the presence of Our Commissioner and assistance of some well affected subjects who were to be there and by their own seeing the real performance of what was promised by Our Proclamation they should have bin induced to return to the due obedience of subjects But when We perceived that their turbulent dispositions did increase as was manifest by their repairing to the said pretended Assembly with great troups and bands of men all boddin in fear of war with guns Pistolets contrary to the lawes of this Kingdome and in high contempt of Our Proclamation at Edinburgh the 16. day of Novemb. last And also by the peremptory refusing to the assessors authorized by Us although fewer in number then Our dearest Father was in use to have the power of voting in this Assembly as formerly they had done in all others openly averring that We nor Our Commissioner had no further power there then the meanest Commissioner of their number by their partial and unjust refusing not suffering to be read the reasons arguments given in by the Bishops their adherents to Our Commissioner why they ought not to proceed to the election of a Moderatour neither yet to the trying and admitting of the Commissioners before they were heard though in Our name they were earnestly required thereto by Our Commissioner and notwithstanding that Our Commissioner by warrant from Us gave in under his hand a sufficient Declaration of all that was contained in Our late Proclamation bearing likewayes Our pleasure of the registration of the same in the books of Assembly for all assurance of the truth and puritie of Religion to all Our good subjects as doth clearly appear by the declaration it self wherof the tenor follows The Kings Majesty being informed that many of his good subjects have apprehended that by the introducing of the Service Book and Booke of Canons the inbringing of 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 and either of them and annulls and rescinds all Acts of Councell Proclamations and other acts and deeds whatsoever that have beene made or published for establishing them or either of them and declares 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 the subject established the high Commission that thereby justice might be administrate and the faults and errours of such persons as are made lyable thereto taken order with and punished with the more conveniencie and lesse trouble to the people But finding his gracious intention therein to be mistaken hath beene pleased to discharge like as by these Hee doth discharge the same and all acts and deeds whatsoever made for establishing thereof And the Kings Majesty being informed that the urging of the five Articles of Perth Assembly hath