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
would be most willing to indict a free generall Assembly and call a Parliament for those good ends but that your Grace as His Majesties Commissioner hath conceived the Confession of faith and Covenant latelie renewed by us His Majesties subjects to be an unlawfull combination against Authority thereby to cast off our dutifull obedience and not a Covenant for maintaining of true Religion of His Majesties Person and Authority and of the Laws and Liberties of the Kingdome And we being most willing to remove that as the maine hinderance of the obtaining of our desires Therefore and for clearing of our loyaltie and vindicating our selves from so great an imputation Wee do now in all humility remonstrate to your Grace as His Majesties Commissioner and declare before God and men that we are heartily grieved and sorrie that any good man but most of all that our dread Soveraigne should so conceive of our doing And that we were and still are so faâ—re from any thought of withdrawing our selves from our dutifull subjection and obedience to His Majesties government which by the descent and under the raigne of 107 Kings is most chearfully acknowledged by us and our predecessours that we never had nor have any intention or desire to attempt any thing that may turne to the dishonour of God or diminution of the Kings greatnesse and authority But on the contrary we acknowledging our quietnesse stability and happinesse to depend upon the safety of the Kings Majestie as upon Gods Vicegerent set over us for maintenance of Religion and ministration of Justice have solemnly sworne not onely our mutuall concurrence and assistance for the cause of Religion but also to the uttermost of our power with our meanes and lives to stand to the defence of our dread Soveraigne the Kings Majestie His Person and Authority in the preservation and defence of the true Religion Liberties and Lawes of the Kingdome And therefore we His Majesties loyall subjects free from that and all other imputations of that kinde most humbly beseech your Grace to esteeme that our Confession of Faith and Covenant to have been intended and to be the largest testimony of our fidelity to God and loyaltie to our King And that hinderance being removed must still supplicate that your Grace would be pleased to indict a free generall Assembly and Parliament which will undoubtedly redresse all our evils settle the peace of the Kirk and Kingdome and procure that chearfulnesse of obedience which ought to be rendred to His Majesty carrying with it the offer of our fortunes and best endeavours for His Majesties honour and happinesse as a reall testimony of our thankfulnesse and our hearty prayers to God that His Majestie may long and prosperously raigne over us NOw doth this Petition deserve the name of an explication of their Covenant much lesse of such an explication as should give either Us or Our Commissioner any satisfaction No for it containeth neither more nor lesse then this that they doe not meane to shake off their obedience if We will give way to all their courses which by this Petition they justifie so that their meaning is that they will continue obedient subjects if We will part from Our Soveraigntie which is in effect that they will obey if Wee will suffer them to command But where it was expected that to these words of their Covenant whereby they binde themselves to mutuall maintenance against all persons whatsoever should have beene added except the King and his successors that was refused though even that could have given no satisfaction unlesse We should give way to that which divers Acts of Parliament have made sedition and punishable with death Upon notice given by Our Commissioner of his intended departure the debatements at their Table grew very hot and fierie upon this point Whether they should presently indict a Generall Assembly and fall upon the violent courses intended by them or that they should grant some short time for his journey his stay with Us his returne to them againe with Our finall answer and last resolution and in the meane time promise that they would behave themselves quietly and peaceably and continue all things in statu quo untill his returne This last was agreed unto though not without much contrarietie of voices and so some of the principall Covenanters came and acquainted him with this their resolution which was That they would expect Our answer and his returne upon the fifth of August next at the furthest untill which time they would breake up their great meeting containe themselves and the people in quietnesse and peace but if by that day he did either not return or not bring with him from Us such an answere as they expected then they would hold themselves free and goe on to prosecute the courses which they had resolved upon And so Our Commissioner begun his journey towards Us. After Our Commissioner had at Greenwich made Us fully acquainted with all their insolencies We speedily dispatched him with new Instructions and commanded him to returne so that he might be backe in Scotland by the fifth of August and gave him order for the indicting both of a Generall Assembly and a Parliament but so that he should first be fully satisfied by all informations which he could conveniently receive of the constitution of a Generall Assembly with which perhaps many were not acquainted none having beene kept for divers yeares And therefore it did require good deliberation to agree both upon the members of the Assembly not for their persons but for their qualitie and of what things were usually treated and handled there No sooner was he returned into Scotland but he found all things in much worse case and in a farre greater combustion then he left them For he found that the heads of the faction being affraid that he might bring backe with him some satisfactory accommodation which Our subjects might like well but they themselves resolved to reject had in the time of his absence assured their followers that they might compasse their ends by such means and upon such conditions as themselves desired Nay they proceeded so far as to make the people beleeve what they knew to be most untrue viz. That Our Commissioner was well satisfied with all their proceedings and especially with their Covenant in regard of the late explication they had made of it and were so impudent as to use that inducement for an argument whereby they perswaded many of all sorts especially of the Ministers who had formerly stood out against their Covenant to enter into it in this short time of his absence from them And the three Ministers in their answers to the Queries of the Divines of Aberdene had the boldnesse to print that Our Commissioner rested satisfied with their Covenant according to their explication of it With which their notorious calumnie he found himselfe so highly injured in a point which so much concerned his loyaltie to Us and the trust reposed in
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
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
people betweene two opinions and their not answering a word when the Lord called them to give a testimony Act. 20.20 I have keeped backe nothing that was profitable unto you and againe 1 Cor. 12.7 Mat. 15.18 Rom. 1.18 Revel 2.14.20 and 3.15 and therefore to keepe silence or not to meddle with corruptions whether in doctrine sacraments worship or discipline in a generall Assembly of the Kirk conveened for that end were the ready way to move the Lord to deny his Spirit unto us and to provoke him to wrath against our proceedings and might be imputed unto us for prejudice for collusion and for betraying our selves and the posterity 2. This predetermination is against our supplications and protestations wherein we have showne our selves so earnest for a free generall Assembly contrary to every limitation of this kind so far prejudging the liberty thereof is against the Confession of Faith registrated in the Parliament 1567. declaring that one cause of the Councels of the Kirk is for good policie and order to be observed in the Kirk and for to change such things as men have devised when they rather foster superstition then edifie the Kirke using the same and is against our late Confession wherein we have promised to forbeare all novations till they be tryed which obligeth us to forbeare now and to try them in an Assembly and by all lawfull meanes to labour to recover the former purity and liberty of the Gospel to which this limitation is directly repugnant our liberty in a Generall Assembly being the principall of all lawfull meanes serving to that end 3. This were directly contrary to the nature and ends of a generall assembly which having authority from God being conveened according to the lawes of the Kingdome and receiving power from the whole collective body of the Kirke for the good of Religion and safety of the Kirke Whatsoever may conduce for these good ends in wisedome and modestie should be proponed examined and determined without Prelimitation either of the matters to be treated or of the libertie of the members thereof It being manifest that as farre as the assembly is limited in the matters to bee treated and in the members to be used the necessary ends of the Assembly and the supreme Law which is the safety of the Kirke are as far hindered and pre-judged This limitation is against the Discipline of the Kirke which Booke 2. chap. 7. declareth this to be one of her liberties That the Assembly hath power to abrogate and abolish all Statutes and ordinances concerning Ecclesiasticall matters that are found noysome and unprofitable and agree not with the time or are abused by the people and against the acts of the generall assembly Like as the pretended Assembly 1610. declareth for the common affaires of the Kirk without exception or limitation it is necessary that there be yearly generall Assemblies And what order can be hoped for hereafter if this assembly indicted after so long intermission and so many grosse corruptions be limited and that more than ever any lawfull Assembly of the Kirk was when it was yearly observed 5. It is ordained in Parl. 11. act 40. K. James 6. anent the necessarie and lawfull forme of all Parliaments that nothing shall be done or commanded to be done which may directly or indirectly prejudge the libertie of free voycing or reasoning of the Estates or any of them in time comming It is also appointed in Parl. 6. act 92. K. James 6. that the Lords of Counsell and Session proceed in all civill causes intended or depending before them or to be intended to cause execute their decrees notwithstanding any private writing charge or command in the contrarie and generally by the acts of Parliament appointing every matter for its owne judicatorie and to all judicatories their owne freedome And therefore much more doth this liberty belong to the supreme judicatorie ecclesiastick in matters so important as concerneth Gods honour and worship immediatly the salvation of the peoples Soules and right constitution of the Kirk whose liberties and priviledges are confirmed Parl. 12. K. James 6. Parl. 1. K. Charles for if it be carefully provided by diverse Acts of Parliament especially Parl. 12. act 148. K. James 6. That there be no forstalling or regrating of things pertaining to this naturall life What shall be thought of this spirituall for stalling and regrating which tendeth to the famishing or poysoning of the soules of the people both now and in the generations afterward 6. It were contrary to our Protestations proceedings and complaints against the late innovations And it might be accounted an innovation and usurpation as grosse dangerous to us and the posterity and as prejudiciall to Religion as any complained upon by us to admit limitations and secret or open determinations which belongeth to no person or judicatorie but to an Assembly Or to consent to and approve by our silence the same predeterminations It were to be guilty of that our selves which we condemne in others We may easily judge how the Apostles before the Councell of Jerusalem the Fathers before the Nicene Councell and our Predecessors before the assembly holden at the Reformation and afterwards would have taken such dealing That this Proclamation commandeth all his Majesties Subjects for maintenance of the Religion already established to subscribe and renew the Confession of Faith subscribed before in the yeere 1580 and afterward And requireth the Lords of privie Councell to take such course anent the same and the generall Band of Maintenance of the true Religion and the Kings person that it may be subscribed and renewed throughout the whole Kingdome with all possible diligence which cannot now be performed by us For although of late we would have been glad that our selves and other his Majesties Subjects had been commanded by authority to sweare and subscribe the generall Confession of Faith against Popish errours and superstitions and now would be glad that all others should joyne with us in our late Covenant Confession descending more specially to the novations and errors of the time and obliging us to the defence of Religion and of the Kings Majesties person and authority and for these ends to the mutuall defence every one of us of another Yet can we not now after so necessarie and so solemne a specification returne to the generall for the reasons following 1. No means have been left unassayed against our late Confession of Faith and Covenant so solemnly sworn and subscribed For first we were prest with the rendring and rescinding of our Covenant Next an alteration in some substantiall points was urged 3. A Declaration was motioned which tended to the enervation thereof and now we find in the same straine that we are put to a new tryall and the last mean is used more subtile than the former That by this new subscription our late Covenant and Confession may be quite absorbed and buried in oblivion that where it was intended
of your Soveraignes gracious promises let this paper which I deliver to the Clerke to be read witnesse it to you all which I am sure you cannot chuse but receive with all thankfulnesse and dutifull acknowledgement of his Majesties pietie goodnesse and clemencie unlesse all Religion and goodnesse be quite banished out of this Land Here the Clerke publiquely read the paper which followeth THe Kings Majesty being informed that many of his good subjects have apprehended that by the introducing of the Service Booke and Booke of Canons the in-bringing of Poperie and Superstition hath been intended hath been graciously pleased to discharge like as by these he doth discharge the Service Booke and Booke of Canons and the practice of them or either of them And annulleth and rescindeth all Acts of Councell Proclamations and all other Acts and Deeds whatsoever that have been made and published for establishing them or either of them And declareth the same to be null and to have no force nor effect in time comming The Kings Majestie as he conceived for the ease and benefit of his subjects established the high Commission that thereby justice might be ministred and the faults and errours of such persons as are made liable thereto taken order with and punished with the more conveniencie and lesse trouble to the people But finding his gracious intentions therein to be mistaken hath been pleased to discharge like as by these presents he doth discharge the same and all acts and deeds whatsoever made for establishing thereof And the Kings Majestie being informed that the urging of the five Articles of Perthes Assembly hath bred distraction in the Church and State hath been graciously pleased to take the same to his Royall consideration and for the quiet and peace of this Countrie hath not onely dispensed with the practice of the said Articles but also discharged all and whomsoever persons from urging the practice thereof upon either Laicke or Ecclesiasticall person whatsoever And hath freed all his subjects from all censure and paines whether Ecclesiasticall or Secular for not urging practising or obeying them or any of them notwithstanding of any thing contained in the Acts of Parliament or generall Assembly to the contrary And his Majestie is further contented that the Assembly take the same so far into their consideration as to represent it to the next Parliament there to bee ratified as the Estates shall find fitting And because it hath been pretended that oathes have been administred different from that which is conceived in the Acts of Parliament his Majestie is pleased to declare by Me that no other oath shall be required of any Minister at his entry then that which is set downe in the Act of Parliament And that it may appeare how carefull his Majestie is that no corruption or innovation shall creep into this Church neither yet any scandall vice or fault of any person whatsoever censurable or punishable by the Assembly goe unpunished his Majestie is content to declare by Mee and assure all his good people that generall Assemblies shall be kept so oft as the affaires of this Church shall require And that none of Our good subjects may have cause of grievances against the proceedings of the Prelates his Majestie is content that all and every one of the present Bishops and their Successors shall be answerable and accordingly from time to time censurable according to their merits by the generall Assembly And to give all his Majesties good people full assurance that he never intended to admit any alteration or change in the true Religion professed within this Kingdome and that they may bee truly and fully satisfied of the reality of his intentions and integritie of the same his Majestie hath been pleased to require and command all his good subjects to subscribe the confession of faith and band for maintenance thereof and of his Majesties person and authority formerly signed by Our deare Father in anno 1580. and now likewise requireth all those of this present Assembly to subscribe the same And it is his Majesties will that this be inserted and registred in the Bookes of Assembly as a testimony to posteritie not onely of the sinceritie of his intentions to the said true Religion but also of his resolution to maintaine and defend the same and his subjects in the profession thereof Subscribitur HAMILTOUN AFter the reading whereof Our Commissioner went on and added I have you see subscribed that paper with mine owne hand and to make his Majesties Religion Grace Goodnesse and the Zeale which hee hath to settle the peace of this Church and Kingdome knowne to all succeeding generations I doe require that it bee entred into your ordinarie Bookes of Assembly but with this provision That this my assent to the Act of registring this his Majesties Declaration shall be no approbation of the lawfulness of this Assembly or of any other Act made or to be made in it but that all Protestations made or to be made against this Assembly in all other acts and proceedings thereof shall stand in full force and effect And of the delivery of this paper containing his Majesties gracious offers into the hands of the Clerke of the Assembly and of my requiring it to be registred in the Bookes of the same as also of my Protestation against the lawfulnesse of this Assembly in all other Acts I take publique instruments in the hands of the Clerke of Our Soveraigne Lord his Register and require him to make an act thereof Which being done the Moderatour in a short speech acknowledged Our speciall goodnesse in granting the particulars contained in the paper promising it should be registred in the bookes of assembly and desired to goe on with the businesse of the assembly But Our Commissioner told them hee must goe on with them no more for now the sad part was behind viz. That since they had brought Lay-Elders to give voices in this assembly a thing not practised before or at least dis-used so long that no man present had seen it the Ministers sitting here as Commissioners were chosen by Lay-Elders a thing never heard of before in this Church all the persons having voices here were before the elections designed by the Tables at Edinburgh all others by their expresse directions barred these few Commissioners sent hither but not chosen according to their designation were by their cavills made for that purpose set aside and not admitted to have voices the Bishops cyted hither were to bee judged by the very same persons who had pre-judged and condemned them at their Tables hee attested heaven and earth whether this could bee imagined to be any way a free Assembly and therefore called God to witnesse that they themselves were the cause and the only cause why this Assembly could not have that happy issue which We heartily wished and why the Bishops could receive no censure from them in regard of these their sinister proceedings for how could any man expect justice
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
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
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
sundrie Noblemen Barons Gentlemen Magistrates and all other Our lieges who shall happen to bee present and heare any Ministers either in publike or private conferences and speeches or in their Sermons to approve and allow the said unlawfull Assemblie raile and utter any speeches against Our Royall commandments or proceedings of Us or Our Councell for punishing or suppressing such enormities that they make relation and report thereof to Our Councell and furnish probation to the effect the same may bee accordingly punished as they will answer to Us thereupon Certifying them who shall heare and conceale the said speeches that they shall bee esteemed as allowers of the same and shall accordingly bee taken order with and punished therefore without favour And to this effect We likewise straightly charge and command all Judges whatsoever within this Realme Clerks and Writers not to grant or passe any Bill summons or letters or any other execution whatsoever upon any Act or Deed proceeding from the said pretended Assemblie and all keepers of the signet from signetting thereof and that under all highest paines And because Wee gave order and warrant to Our Commissioner to make open declaration not onely of Our sense but even of the true meaning of the Confession of Faith in Anno 1580. by which it may clearely appeare that as Wee never intended thereby to exclude Episcopacie so by no right construction can it bee otherwayes interpreted as is more nor evident by the reasons contained in the said Declaration and many more which for brevitie the thing in it selfe being so cleare are omitted Herefore Wee do not onely prohibit and discharge all Our subjects from subscribing any band or giving any writ subscription or oath to or upon any Act or Deed that proceeds from the foresaid pretended Assemblie but also do require them not to subscribe nor sweare the said Confession in no other sense then that which is contained in the said Declaration and manifestly emitted by Our Commissioner under all highest paines And that none of Our good subjects who in their duty and bound obedience to Us shall refuse to acknowledge the said pretended Assemblie or any of the pretended Acts constitutions warrants or directions proceeding therefrom may have just ground of feare of danger or harme by doing thereof Wee do by these promise and upon the word of a King oblige Our selves by all the Royall authoritie and power wherewith God hath endowed Us to protect and defend them and everie one of them in their persons fortunes and goods against all and whatsoever person or persons who shall dare or presume to call in question trouble or any wayes molest them or any of them therefore And Our will is and Wee charge you straitly and command that incontinent these Our Letters seene you passe and make publication hereof by open Proclamation at the market crosse of Edinburgh and other places needfull wherethrough none pretend ignorance of the same Given from Our Court at Whitehall the eighth day of December and of Our Reigne the fourteenth yeere 1638. Per Regem THis Our Proclamation published onely to make Our people acquainted with Our gracious proceedings at Glasgow which by the malice of their Leaders had either beene concealed from them or misreported to them was received as all Our former gracious proffers with a verie undutifull windie and blustering Protestation so full of words but withall so void of truth and sense as We were once resolved not to have inserted it here neither indeed is it necessarie it should for it is stuffed with the idle and superfluous repetitions of those things which are contained in their former Protestations especially their last Protestation made at Glasgow with which indeed it is for the most part the same verbatim Yet because We know that if it should be left out they would not stick to assure their followers that it was omitted because of the unanswerable pregnancie of the reasons contained in it here you shall have it but without any answer to it as to their former Protestations hath beene given there being verie little in it which is new and so not answered before or what is in it new being either verie false or verie impertinent both which falsities and impertinencies shall onely bee observed on the margent being assured that the Reader will easily finde that there is nothing in it worthie of any larger answer The Protestation of the generall Assemblie of the Kirke of Scotland made at the Market Crosse of Edinburgh the 18. of December 1638. WE Commissioners from Presbyteries Burghes and Universities now conveened and yet sitting in a full and free Assemblie of the Kirk of Scotland indicted by his Majestie and gathered together in the name of the Lord Jesus Christ the onely Head and Monarch of his owne Kirk 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 Prelats and their adherents introduced into the doctrine worship and discipline of this Kirk which had been before in great purity to our unspeakable comfort established among 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 readie mean to try these innovations to purge out the corruptions and settle the disorder of the Kirk 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 Marquesse of Hamiltoun with Commission to heare and redresse the just grievances of the good subjects who by many Petitions and frequent conferences being fully informed of the absolute necessitie of a free generall Assemblie as the onely judicatorie which had power to remedy those evils was pleased to undergo the paines of a voyage to England for presenting the pitifull condition of our Kirk to his sacred Maiestie 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 Assemblie and could no wayes cure the present diseases of this Kirk Which was made so clearely apparant to his Grace that for satisfying the reasonable desires 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 endeavour to obtaine a free generall Assemblie without any prelimitation either of the constitution and members or matters to bee treated or manner and order of proceeding so that if any question should arise concerning these particulars whereof the power of ruling Elders as a part of the constitution and the examination of Episcopacie as a present
A LARGE DECLARATION CONCERNING THE LATE TUMULTS IN SCOTLAND FROM Their first originalls TOGETHER WITH A PARTICULAR DEDUCTION Of the seditious Practices of the prime Leaders of the Covenanters COLLECTED OUT OF THEIR OWNE foule Acts and Writings By which it doth plainly appeare that Religion was onely pretended by those Leaders but nothing lesse intended by them By the King LONDON Printed by ROBERT YOUNG His Majesties Printer for Scotland Anno Dom. M.DC.XXXIX By the King THough by Our manie Proclamations and Declarations some whereof are printed and others were made by word of mouth by Our high Commissioner the Lord Marquesse of Hamiltoun during the time of his late imployment in Scotland it doth fully appear to all men whose mindes are not distasted with Justice and Government what Our religious care Princely clemencie and unparalleled patience have been for the setling of the late troubles in that Our ancient and native Kingdome of Scotland and for the composing of that State so much of late discomposed and disjointed by the seditious practices of divers impatient of all lawes and government Yet for the further and full satisfaction of all our true hearted and loyall subjects in all Our Kingdomes and for the manifestation of Our Justice and Pietie in Our late proceedings to all abroad especially to those who with Us adhere to the Religion Reformed We have thought good by way of an Historicall Deduction to set downe the true passages of all this businesse that the world may as it were under one view and aspect behold Our gracious and clement comportment towards Our subjects of that Kingdome and the depraved and froward deportment of many of them towards Us their liege Lord and Soveraigne Not doubting but that whosoever shall goe along by the threed of this Our unquestionable Narration will rest fully satisfied in these three points First That the first contrivers and since pursuers of their late wicked Covenant or pretended holy League a name which all good men did abhorre in them of France though following the patterne of all other seditions they did and doe pretend Religion yet nothing was or is lesse intended by them but that they having received from Us full satisfaction to all their desires expressed in any of their Petitions Remonstrances or Declarations yet their persisting in their tumultuous and rebellious courses doth demonstrate to the world their wearinesse of being governed by Us and Our Lawes by Our Councell and other officers put in authoritie by and under Us and an itching humour of having that Our Kingdome governed by a Table of their owne devising consisting of persons of their own chusing A plot of which they are very fond being an abortion of their owne braine but which indeed is such a monstrous birth as the like hath not yet beene born or bred in any Kingdome Jewish Christian or Pagan Secondly That Our promises expressed in Our severall Proclamations and Declarations to Our people were not as the wicked contrivers of that Covenant have ever gone about to make Our subjects beleeve onely verball but sincere and reall and such as Wee doe professe to the whole world in the word of a just and true Prince We doe resolve to make good to all Our subjects of that Our Kingdome As holding it beneath the greatnesse and goodnesse of a just King that the unjust actions of his subjects should occasion in their Soveraigne the least suspicion of breach of promises made by him to them especially when the performance of them shall conduce to the settling of Religion and Peace Thirdly That these men who give themselves out to be the onely Reformers of Religion have taken such a course to undermine and blow up the Religion Reformed by the scandall of Rebellion and Disobedience which so farre as in them lyeth they have gone about to cast upon it that if the Conclave of Rome the severall Colleges or Congregations perpetually sitting at Rome for contriving and effecting the meanes of reducing to the Roman obedience all those Kingdomes and Provinces which have justly departed from them nay and if with both these all the Jesuites and others the most specially combined and sworn enemies to our profession were all assembled in one place and had all their wits and devices concentrated into one conclusion and resolution they could hardly have fallen upon such a way as these pretended Reformers have fallen upon for turning all men out of the pathes of the Reformed Religion or have setled upon such courses which can bespeake no other event but the undoubted overthrow of it at least in that Kingdome unlesse God himselfe from heaven which We hope shall have all their Cobweb contextures in derision For by their particular proceedings truely set downe in this Our Narration it will plainely appeare that their Maximes are the same with the Jesuites their Preachers Sermons have been delivered in the very phrase and stile of Becanus Scippius and Eudaemon Johannes their poore Arguments which they have delivered in their seditious Pamphlets printed or written are taken almost verbatim out of Bellarmine and Suarez as appeareth to Us by Our Royall Father his Monitorie Preface to all Christian Kings and Princes and his Apologie for the Oath of Allegeance and in the Bookes writ by others in defence of them both in all which these arguments are fully answered And that the meanes which they have used to induce a credit of their conclusions with their Proselytes are purely and meerly Jesuiticall fables false reports false prophesies pretended inspirations and divinations of the weaker sexe as if now Herod and Pilate were once againe reconciled for the ruine of Christ and his true Religion and Worship Now if these three particulars by this historicall Relation shall undoubtedly appeare to the unprejudicate Readers whether Our Subjects or Forreiners then We shall little doubt to gaine from them their assent to these Our two just desires First That these proceedings of some of Our subjects whom though they would be accounted the purest Protestants yet by their wicked Protestations you will finde to be the most froward and perverse Protesters that ever did contest with their Soveraigne and his Lawes may not induce an undeserved scandall upon that Religion which We professe For since their conclusions are quite contrary to the Confessions of the severall reformed Churches in their particular Articles both of the Church and of the civill Magistrate as appeareth by the Helvetian French Belgick Polonian Argentine Palatine Genevian Our English and Irish nay and their owne Scotish positive Confession printed amongst the Acts of Parliament of that Our Kingdome and besides the Augustane and all other particular Protestant Confessions of the Lutherans And all the weapons wherewith they now fight against these Protestant conclusions are stollen or borrowed not onely out of the Romane for many of the Romanists fight with Us against them but out of the most rigid Jesuites Magazins why should they not in this quarrell be accounted
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
and nineteenth of February had been abundantly sufficient Neverthelesse finding that disorders have daily so increased that a powerfull rather then perswasive way might have been justly expected from Us Yet We out of Our innative indulgence to Our people grieving to see them run themselves so headlong into ruine are graciously pleased to try if by a faire way We can reclaime them from their faults rather then to let them perish in the same And therefore once for all We have thought fit to declare and hereby to assure all Our good people that We neither were are nor by the Grace of God ever shall bee stained with Popish superstition But by the contrary are resolved to maintain the true Protestant Christian Religion already profest within this Our ancient Kingdome And for farther clearing of scruples We do hereby assure all men that We will neither now nor hereafter presse the practice of the foresaid Canons and Service Book nor any thing of that nature but in such a faire and legall way as shall satisfie all Our loving subjects that We neither intend innovation in Religion or Lawes And to this effect have given order to discharge all Acts of Councel made thereanent And for the high Commission We shall so rectifie it with the help of advice of Our privie Councel that it shall never impugne the Lawes nor bee a just grievance to Our loyall subjects And what is farder fitting to be agitate in generall Assemblies and Parliament for the good and peace of the Kirk and peaceable government of the same in establishing of the Religion presently profest shall likewise be taken into Our Royall consideration in a free Assembly and Parliament which shall be indicted and called with Our best conveniencie And We hereby take God to witnesse that Our true meaning and intention is not to admit of any innovations either in Religion or Laws but carefully to maintain the purity of Religion already profest and established and no wayes to suffer Our Lawes to be infringed And although We cannot be ignorant that there may be some dis-affected persons who will strive to possesse the hearts of Our good subjects that this Our gracious declaration is not to be regarded Yet We do expect that the behaviour of all Our good and loyall subjects will be such as may give testimonie of their obedience and how sensible they are of Our grace and favour that thus passeth over their misdemeanours and by their future carriage make appeare that it was only feare of innovation that hath caused the disorders which have happened of late within this Our ancient Kingdome And are confident that they will not suffer themselves to be seduced and mis-led to misconstrue Us or Our actions but rest heartily satisfied with Our pious and reall intentions for maintenance of the true Religion and Lawes of this Kingdome Wherefore We require and heartily wish all Our good people carefully to advert to these dangerous suggestions and not to permit themselves blindely under pretext of Religion to be led in disobedience and draw on infinitely to Our grief their own ruine which We have and still shall strive to save them from so long as We see not royall Authoritie shaken off And most unwillingly shall make use of that power which God hath endued Us with for reclaiming of disobedient people OUR WILL is herefore and Wee charge you straightly and command that incontinent these Our Letters seene you passe to the market crosse of Our Burgh of Edinburgh and all other places needfull and there by open Proclamation make publication hereof to all and sundry Our good subjects where through none pretend ignorance of the same The which to do We commit to you conjunctly and severally Our full power by these Our Letters delivering the same by you duely execute and indorsed againe to the Bearer Given at Our Court of Greenwich the twenty eight day of June and of Our Reigne the thirteenth yeer 1638. Per Regem NO sooner was it ended but this their ensuing Protestation against it begun and was publickly read which here according to their printed Copie We have caused to be reprinted The Protestation of the Noblemen Barons Gentlemen Burrows Ministers and Commons c. WEe Noblemen Barons Gentlemen Burgesses Ministers and Commons That whereas wee the Kings Majesties true and loyall Subjects who have ever esteemed it our greatest happinesse to live under a religious and righteous King and our greatest glory to testifie our best affections to our gracious Soveraign have beene in His Majesties absence from this His native Kingdome heavily pressed for a long time past And especially of late with diverse innovations which both in themselves and in the way wherein they have beene urged doe manifestly tend to the prejudice of the Kings honour and of our Religion Laws and Liberties And by which we were brought to such extremitie that there was no way left betwixt the rock of excommunication and the high paine of rebellion on the one part and the desperate danger of forsaking the way of true Religion and the breach of our Covenant with God on the other but to represent our case and present our supplications to the Lords of secret Councell that being equally pondered by them they might either be answered by themselves or by their recommendation might ascend to his Majesties owne consideration And therefore in all humble manner we did to this effect supplicate their Lordsh we were most willing for the modest following of our supplications to obey their direction in choosing Commissioners for the great number of supplicants who flocked together from all quarters of the Kingdome were carefull to order our selves in all Christian and quiet carriage and against the tediousnesse of many and long delaies did wait for a long time with very great patience till at last they were pleased to receive our supplications complaints and bills And conceiving them to containe weightier matters then could by themselves bee determined they did promise and undertake to represent and recommend the same according to their more then ordinary importance unto his Majesties Royall consideration and to report his Majesties answer While his Majesties good Subjects of all ranks throughout the whole Kingdome had their minds wakened and their hearts filled with the expectation of a gracious and satisfactorie answer worthy of his Majesties pious and equitable disposition in the Month of February last incontinent a rumour flyeth through the Countrie and filleth all eares That the Lords of his Majesties secret Councell were commanded to make such a Proclamation concerning the Service booke booke of Canons and the peaceable meetings of his Majesties good Subjects in time comming as we were perswaded to have beene procured by the secret working and malignant mis-information of our adversaries Seeking for their owne private ends without respect to his Majesties honour and welfare of this Kirk and Kingdome to stop the course of our legall proceedings and to escape their owne due censure And
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
which we cannot now subscribe this Confession least we loose the bands to wickednesse seeme to repent of our former resolutions and promises and choose to have our portion with hypocrites professing and swearing that wee know GOD but in our workes denying him being abominable disobedient and unto every good worke reprobate 14. Since the narrative of the general band is now changed some lines expressing at length the Papists and their adherents to be the partie from whom the danger to Religion and the Kings Majestie was threatned are left out and no designation made of the partie from whom the danger is now threatned We are made either to think that our subscription at this time is unnecessarie or to suspect that we who have supplicated and entred in Covenant are understood to be the partie especially since the Lords of Councell have in the Act September 22. ratifying the Proclamation found themselves bound to use their best endeavours that all his Majesties good Subjects may rest satisfied with his Majesties Declaration since also we have beene although undeservedly challenged of disorders distractions and dangers to Religion and his Majesties authoritie and since in the foresaid Act and in the missive directed to his Majestie the Lords of Councell offer their lives and fortunes to his Majestie in repressing all such as shall hereafter prease to disturbe the peace of this Kirk and Kingdome which being expressed in a generalitie is by many applied to us and interpreted of our adhering to our Covenant We should therefore by our subscription of the Covenant as it is now conceived both do directly against our owne minds in condemning our selves wherein we are innocent and should consent to our owne hurt to the suppressing of the cause which wee maintaine and to the repressing mutually one of us of another directly contrarie to our former solemne Oath and subscription 15. The subscribing of this Confession by the Lords of his Majesties privie Councell who by their place and high employment are publike Peace-makers and by others who have not subscribed the late Confession will make the breach wider and the lamentable division of this Kirk more desperate then ever before some having sworne to labour by all lawfull meanes to recover the former Libertie and puritie of Religion and others maintaining that for puritie which is alreadie established some beleeving and professing that the evils supplicated against are abjured in that Confession of Faith and others maintaining the Confession of Faith and these corruptions although for the present discharged by authoritie not to be inconsistent and beside this many divisions and subdivisions will ensue to the dulefull renting of the Kirk and Kingdome making way for the wrath and many judgements of God often threatned by his faithfull servants which all the godly ought to labour by all meanes to prevent 16. Wee represent also to the honourable Lords of privie Councell to be considered That the Doctrine Discipline and Use of Sacraments are sworne and the contrarie abjured according to the Word of God and the meaning of the Kirk of Scotland in the books of Discipline and Acts of Assemblies And that in the Oath there is no place left to the generalitie of any mans conception of the true Faith and Religion nor to any private interpretation or mentall reservation For these and the like considerations in our owne name and in name of all who will adhere to the late Covenant subscribed by us and sealed from Heaven We from our dutie to God our King our native Countrey our selves and the posteritie lest our silence import a satisfaction of our desires and a stopping of our mouths from necessarie supplication for things yet to bee obtained from his Majesties just and gracious disposition are constrained to declare and protest First that the cause and occasion of the distractions of the Kirk and Common-wealth are no wayes to bee imputed unto us or our needlesse feares but to the innovations and corruptions of Religion which against the Acts and order of this Kirk and the Lawes of the Kingdome have beene pressed upon us the people of God and his Majesties loyall subjects who although under great thraldom were living in peace and quietnesse labouring in all godlinesse and honestie to do our dutie to God and man Secondly We protest that all questions and doubts that arise concerning the freedome of the Assemblie whether in the constitution and members thereof or in the matters to be treated or in the manner and order of proceeding be remitted to the determination of the Assemblie it selfe as the onely proper and competent judge And that it shall be lawfull for us being authorized with lawfull Commissions as at other times when the urgent necessitie of the Kirk shall require so in this exigence to assemble our selves at the Diet appointed notwithstanding any impediment or prorogation to the contrary And being assembled against all qualifications and predeterminations or presupposals to propone treat reason vote and conclude according to the Word of God confession of Faith and Acts of lawfull Assemblies in all Ecclesiasticall matters pertaining to the Assemblie and tending to the advancement of the Kingdome of Christ and good of Religion Thirdly since Archbishops and Bishops have no warrand for their office in this Kirk since it is contrarie both to reason and to the Acts of the Kirk that any have place and voice in the Assemblie who are not authorized with lawfull Commissions and seeing both in common equitie and by the tenour of this Proclamation they are made lyable to the triall and censure of the Assemblie Wee protest that they bee not present as having place or voice in the Assemblie but as rei to compeere for underlying triall and censure upon the generall complaints alreadie made and the particular accusations to be given in against them And that the warning given by his Majesties Proclamation and this our Protestation be a sufficient citation to them to compeer before the Assemblie for their triall and censure in life office and benefice Fourthly Wee solemnly protest that We do constantly adhere to our Oath and subscription of the Confession of Faith and Covenant lately renewed and approven with rare and undeniable evidences from heaven of the wonderfull workings of his Spirit in the hearts both of Pastors and people through all the parts of the Kingdome And that we stand to all parts and clauses thereof and particularly to the explanation and application containing both our abjuration of and our union against the particular evils and corruptions of the time a dutie which the Lord at this time especially craveth at our hands Fifthly We also protest that none of us who have subscribed and do adhere to our subscription of the late Covenant be charged or urged either to procure the subscriptions of others or to subscribe our selves unto any other Confession or Covenant containing any derogation thereunto especially that mentioned in the Proclamation without the necessarie explanation and
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
Commissioner whereby his Grace indevoureth to evince his conclusion that Episcopal government was not abjured by the Councell nor the Covenant 1580. Which is so repugnant to the acts of the Kirk The act of Councell and all reason that wee are confident the same will make no impression in the judgement of any well affected Christian as shall be evident by our following answers which we offer to the readers consideration after he hath first expended these generalls 1. This Declaration is onely made by his Majesties Commissioner and not by the Lords of secret Councell who should be fittest Interpreters of their owne act and whose act should be the ample expression of their meaning else acts of Councell by possibilitie of admitting the variable coÌ„mentarie of intentions will losse all force vigour in themselves And yet it is evident that the Councellers have not only actually sworne to maintaine the Religion Discipline established in Anno 1580. When Episcopacie was condemned but likewise intended to doe so because they have distinguished and opposed betweene the Religion presently professed 1638. mentioned in the Proclamation and the Religion professed in Anno 1580. mentioned in their act and by that opposition of now and then they reject the one and swear the other otherwise they needed no declaration which notwithstanding accompanies their subscriptions and is acknowledged by the Commissioner in the second line to bee an act explaining the Confession for obedience whereof all those who have subscribed that Covenant have done the same 2. Albeit his Majesty did not conceive any difference between the Religion Doctrine and Discipline now profest from that which was in Anno 1580. wherewith his Majestie can hardly be acquainted without perusing the records of Assemblies yet his Majesties Reall intention was to maintaine the confession of Faith professed in Anno 1580. because his Royall disigne by that commandement was to maintaine true Christian Religion in puritie whereunto Episcopacie by this Kirk was ever judged and condemned as prejudiciall and to remove the fears of his Majesties good Subjects complaining of by-gone innovations and apprehending greater changes which ends are only obtained by subscription of the Confession as it was Anno 1580. And no wise by maintaining the Religion now presently profest because the corruptions now presently received in this Kirk are the grounds of our just complaints as being contrary to the word of God and foresaid confession in Anno 1580. 3. Wee must distinguish between oathes tendered by the first framers of the Confession the whole Kirk who have power to interpret and explaine the same and oathes required to bee renewed by the supreme Magistrat the Kings Majestie who as custos utriusque tabulae and a true Sonne of the Kirk ought to receive the true meaning of the Kirk and cause it to be received of those whom God hath subjected to him And wee are confident that his Majestie in his just and pious disposition will never take away the benefite of that holy nationall oath and confession of Faith subscribed by his Majesties Father of blessed memorie 1580. and now lately renewed againe solemnely sworne by the Subjects of this Kingdome upon the pretence of any intentions repugnant to the true sense of that confession which even as it is subscribed by the Councell doth never import that his Majestie was framing or administring any new confession or oath but only injoyning to renew the old confession 1580. and therefore unquestionably should be taken in the true meaning of that time Fourthly if there were any reall opposition betwixt his Majesties Proclamation and the act of explanation made by his Majesties Commissioner and Councell Yet the last must be observed and preferred before the first because the first is his privat will the second his publick and judiciall will Et posterior derogat priori publica privatae And albeit we doe not now expresse that the Councell did subscribe the confession of Faith in obedience to a mandat where there was any contrariety repugnancie or ambiguity betwixt the mandat and the Confession it self which was commanded yet the Councell making an act that they did subscribe it as it was professed 1580. and declaring publickly that this was their owne meaning both they and such of his Majesties liedges who did subscribe in obedience of their charge are obliged to observe râ—m juratam and the reall matter of the oath more then the minde and mandat of the prescriver especially seeing it is no new Confession but the renewed Confession of the whole Kirk of Scotland The meaning whereof cannot bee declared nor interpret by any but the whole Kirk of Scotland who now upon unanswerable reasons have clearly found that Episcopall governement was then abolished and abjured It followeth by good consequence that the Councell did both virtually and verily swear yea intend to swear the abjuration of Episcopacie which is found by that confession 1580. and the discipline of the Kirk then established to be a corrupt government in this Kirk of human invention wanting warrand from the word of God tending to the overthrow of this Kirk So that any declaration in the contrare hereof is protestatio contraria facto and the reasons thereof cannot be forceable to brangle the resolution of any judicious well affected Christian if he will patiently read and ponder without preoccupation these following answers to the five reasons insert in that declaration The first aleadged reason is this that his Majestie could not command an oath absolutly unlawfull but it is absolutely unlawfull to swear against any thing established by the Laws of the Kirk and Kingdome if the same be not repugnant to the word of God or repealed by posteriour lawes To this we answer First The Kings Majesty by commanding his subjects to renew the confession of Faith for maintaning the doctrine discipline profest in anno 1580. hath commanded them to abjure whatsoever is found by the competent Judge to bee introduced since that time repugnant therto albeit by the corruption of times it were couÌ„tenanced with some law interveening Secondly the Lords of Councell and Session and other Subjects have subscribed the confession of Faith as it was 1580. not only without any restriction of it to the present laws but in a direct opposition to what is presently established by returning from the present corruptions in the profession tanquam termino a quo to the profession 1580. taÌ„quam terminum ad quem which a great part of Councellours and other Subjects have declared to bee their meaning Thirdly Episcopacie is found by the Kirk of Scotland in many Assemblies to be an office unwarranted by the word of God unlawfull and repugnant thereto so that the abjuration thereof in this Kirk is lawfull and necessare Fourthly Episcopacy was never restored by any Assembly of this Kirk nor these Assemblies wherein it was condemned repealed without the which the same could not
bred distraction in the Church and State hath been graciously pleased to take the same into His royall consideration and for the quiet and peace of this countrey hath not onely dispensed with the practice of the saids articles but also discharged all and whatsoever persons from urging the practice thereof upon either laicke or ecclesiasticall person whatsoever and hath freed all His subjects from all censure and paines whether ecclesiasticall or secular for not urging practising or obeying them or any of them notwithstanding of any thing contained in the Acts of Parliament or generall Assembly in the contrary And his Maiesty is further contented that the Assembly take the same so farre to their consideration as to represent it to the next Parliament there to be ratified as the Estates shall finde fitting And because it hath been pretended that oaths have been administrate different from that which is set downe in the acts of Parliament his Maiesty is pleased to declare by me that no other oath shall be required of any Minister at his entry nor that which is set downe in the act of Parliament And that it may appeare how carefull his Maiesty is that no corruption nor innovation shall creepe into this Church neither yet any scandall vice or fault of any person whatsoever censurable or punishable by the Assembly goe along unpunished his Maiestie is content to declare by me and assure all His good people that generall Assemblies shall be kept so oft and al 's oft as the affaires of this Church shall require And that none of His good subiects may have cause of grievances against the proceedings of the Prelates his Maiesty is content that all and every one of the present Bishops and their successors shall bee answerable and accordingly from time to time censurable according to their merits by the generall Assembly And to give all his Majesties good people full assurance that Hee never intended to admit any alteration or change in the true Religion profest within this Kingdome and that they may be truely and fully satisfied of the reality of His intentions and integrity of the same his Majestie hath been pleased to require and command all His good subjects to subscribe the Confession of Faith and band for maintenance thereof and of his Majesties person and Authority formerly signed by His dear Father in ann 1580. and now also requireth all these of this present Assembly to subscribe the same And it is his Majesties will that this be insert and registrate in the books of Assembly as a testimony to posteritie not onely of the sincerity of His intentions to the said true Religion but also of His resolutions to maintain and defend the same and His subjects in the profession thereof Which declaration was by Our speciall command and direction given in and subscribed by Our Commissioner upon protestation made by him that his assenting to the registration hereof should be no approbation of the lawfulnesse of this Assembly nor of any of the acts or deeds done or to be done therein And finding them in like sort no wayes to be satisfied therewith and that nothing else was able to give them contentment except at their owne pleasure they were permitted to overthrow all Episcopall government in the Church and thereby to abrogate Our publike lawes standing in vigour by the space of many yeares by-gone and to alter the fundamentall government of this kingdom in taking away one of the three Estates contrary to expresse acts of Parliament And lest the continuance of their meetings might have produced other the like dangerous acts so derogatory to Royall authority We were forced for preveening thereof and for the reasons and causes above-mentioned and divers others importing true monarchicall government to dissolve and breake up the said pretended Assembly and to discharge them of all farther meeting treating and concluding any thing therein And yet in that calme and peaceable way as Our Commissioner before his removing desired their pretended Moderator for that time to have said prayer and so concluded that dayes session that so they might have had time to thinke upon the just reasons of his refusing to assist or be any longer present at the said pretended Assembly of the causes moving Us to the dissolving thereof and notwithstanding his earnest urging the same and being willing to returne the next morning to heare their answer in place of all other satisfaction to his so reasonable and moderate desires it was refused and met with a protestation of an high and extraordinary straine thereby presuming to cyte and call Our Councell in question for their dutifull assistance and obedience to Us and Our Commissioner And finding their disobedience thus to increase We were constrained to discharge them of new againe the next day thereafter by publike proclamation under the paine of treason And albeit that their contumacie is such as hath not been heard of in former times yet they shall never move Us to alter the least point or article of that We have already declared by proclamation or declaration under Our Commissioners hand All which was publikely read and by Our Commissioner required to be insert and registrate in the books of Assembly therein to remain as a testimonie to posterity not onely of the sinceritie of Our intentions to the true Religion but also of Our resolution to maintaine and defend the same and Our subjects in the profession thereof And perceiving likewise that in contempt of Our proclamation at Glasgow the 29. of November they goe still on to conveene meet and to make illegall and unwarrantable acts We have conceived it fitting to forewarne all Our good subjects of the danger that they may incurre by being insnared by these their unlawfull procedures And to this purpose doe not onely liberate and free them from all obedience to any of the pretended acts made or to be made at the said pretended assembly or Committees direct therefrom but do also free them from all pain and censure which the said pretended assembly shall inflict upon them or any of them And therefore doe discharge and prohibit all Our subjects that they nor none of them acknowledge nor give obedience to any pretended acts nor constitutions made or to bee made at the said pretended meetings under all highest paines And We command charge and inhibite all presbyteries sessions of Kirkes Ministers within this Realme that none of them presume nor take upon hand privately nor publikely in their sessions and meetings nor in their conferences sermons nor no other manner of way to authorize approve justifie or allow the said unlawfull meeting or assembly at Glasgow neither yet to make any Act thereupon nor to do any other thing private or publike which may seeme to countenance the said unlawfull Assemblie under the paine to bee repute holden and esteemed and pursued as guiltie of their unlawfull meeting and to bee punished therefore with all rigour And siclike Wee command all and
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
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
their Protestation against Our Proclamation as if both had been made by the same authoritie And if this now were not a higher act of Rebellion then either the first tumult raised in the Churches against which they so much declamed or the second insurrection at Edinburgh which they so much disclamed Wee leave it to the world to judge The copies both of Our Proclamation and their Protestation We have here inserted that themselves as well as others may see that We wrong not the truth CHARLES by the grace God King of great Britaine France and Ireland defender of the faith c. To Our Lovits c. Our Sheriffes in that part conjunctly and severally specially constituted greeting For as much as Wee out of Our Princely care of maintenance of the true Religion already professed and for beating downe of all superstition having ordained a Book of Common prayer to be compiled for the generall use and edification of Our subjects within Our ancient Kingdome of Scotland the same was accordingly done In the performing whereof We took great care and paines So as nothing past therein but what was seene and approved by Us before the same was either divulged or printed assuring all Our loving subjects that not onely Our intention is but even the verie Book will be a readie meanes to maintaine the true Religion alreadie professed and beat out all Superstition Of which We in Our owne time do not doubt but in a faire course to satisfie Our good subjects But having seene and considered some Petitions and Declarations given in to Our Councell against the said Book and late Canons of the Church We find Our Royall Authoritie much injured thereby both in the matter and in the carriage thereof whereby We conceive these of Our Nobility Gentrie Burroughs Ministers and others who kept and assisted these meetings and Convocations for contriving and forming the said Petitions or who have subscribed the same to deserve and bee liable to Our high censure both in their persons and fortunes as having conveened themselves without either Our consent or authoritie Yet because We beleeve that what they have done herein is out of a preposterous zeale and not out of any disloyaltie or disaffection to Soveraigntie We are graciously pleased in so farre as concernes these meetings for consulting or subscribing of these Petitions or presenting the same to any Judge or Judges in Our said Kingdome to dispense therewith and with what may bee their fault or errour therein to all such as upon signification or declaration of Our pleasure shall retire themselves as becommeth good and dutifull subjects To which purpose Our will is and We charge you straightly and command that incontinent these Letters seene you passe and in Our name and authoritie make intimation hereof to all Our lieges and subjects by open Proclamation at all places needfull wherethrough none pretend ignorance thereof And therewith also That you in Our name and authoritie discharge all such convocations and meetings in time comming under the paine of treason And also that you command and charge and inhibit all Our lieges and subjects that none of them presume nor take in hand to resort nor repaire to Our Burgh of Sterling nor to no other Burgh where Our Councell and Session sits till first they declare their cause of comming to our Councell and procure their warrant to that effect And further that you command and charge all and sundrie Provosts Bailiffes and Magistrates within Burgh That they and everie one of them have a speciall care and regard to see this Our Royall will and pleasure really and dutifully obeyed in all points And that no violation thereof be suffered within their bounds under all highest paine crime and offence that they may commit against Us in that behalfe As also that you command and charge all and sundrie Noblemen Barons Ministers and Burrowes who are not actuall indwellers within this Our Burgh and are not of the number of the Lords of our privie Councell and Session and members thereof and are already within this Our Burgh that they and everie one of them remove themselves and depart and passe forth of Our said Burgh and returne not againe without the warrant aforesaid within six houres after the publication hereof under the said paine of treason And as concerning any Petitions that hereafter shall be given unto Us upon this or any other subject Wee are likewise pleased to declare that We will not shut Our eares therefrom so that neither the matter nor forme be prejudiciall to Our Regall Authoritie The which to do We commit to you conjunctly and severally Our full power by these Our Letters delivering the same by you duely execute and indorsed againe to the bearer Given under Our signet at Sterling the nineteenth day of February And of Our Reigne the thirteenth yeere 1638. Per actum Secreti Concilii Here followeth their Protestation For God and the King WE Noblemen Barons Ministers Burrowes appointed to attend his Majesties answer to our humble Petition and complaint and to preferre new grievances and to do what else may lawfully conduce to our humble desires That whereupon the 23. of September last wee presented a Supplication to your Lordships and another upon the 18. of October last and also a new Bill relative to the former upon the 19. of December last and did therein humbly remonstrate our just exceptions against the Service Book and Book of Canons and also against the Arch-bishops and Bishops of this Kingdome as the contrivers maintainers and urgers thereof and against their sitting as our Judges untill the cause be decided earnestly supplicating withall to bee freed and delivered from these and all other innovations of that kinde introduced against the laudable Lawes of this Kingdome as that of the High Commission and other evils particularly mentioned and generally contained in our foresaid supplications and complaints and that this our partie delinquent against our Religion and Lawes may be taken order with and these pressing grievances may be taken order with and redressed according to the Lawes of this Kingdome as by our said supplications and complaints more largely doth appeare With the which on the 19. of December last we gave in a Declinator against the Arch-bishops and Bishops as our parties who by consequence could not be our Judges wherupon your Lordships declared by your Act at Dalkeith the said 19. of December that you would present our Petitions to his Majesties Royall consideration and that without prejudice of the Declinator given in by us the said supplicants wherupon we should be heard at place and time convenient And in the meane time should receive no prejudice as the said Act in it selfe beareth And whereas we your Lordships supplicants with a great deale of patience and hope also grounded on sundry promises were expecting an answere to these our humble desires and having learned that upon some directions of His Majesties anent our supplications and complaint unto your
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
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
that companie which attended Our Commissioner from Dalkeith but stayed for him on the way in a farre grosser bodie by themselves was assembled to doe honour to Our Commissioner or for shewing their owne power and strength by way of comparison with the companie whom they met which they farre exceeded Wee will not determine But thus Our Commissioner was conducted to Our Palace of Holy-rood-house where he was received by the Lord Provost Bailiffes Magistrates and citizens of Edinburgh with outward demonstrations of being welcome And this was all the entertainment which at any time he had from the body of the Covenanters during the time of his abode in that Kingdome which whether it were hearty and sincere or but onely in show and to shew their owne power Wee leave it to be judged by the entertainment and respect which afterward he received from them which will be found to bee just none at all For during the time of his continuance amongst them though he found that they gave civill respects to him as Marquesse of Hamiltoun yet his being cloathed with Our authoritie and commission did much diminish them as shall appeare now in the next place by those perpetuall affronts which they ceased not to offer daily to him and Our Councell in all their proceedings concerning the businesse for which he was sent Our Commissioner now being settled at Our palace with the assistance of Our Councell hee fell presently upon the maine businesse with the Covenanters whom hee desired to dismisse their great multitudes which they did being indeed necessitated thereunto for the ease of their great charge The two maine Propositions which hee offered to their consideration were these First what they should expect from him in Our name for satisfaction to their complaints and accommodating their grievances Next what might be expected from them for returning to their former obedience especially in renouncing and delivering up their late Covenant Both which propositions they did receive with so much sleighting and contempt as that they avowed no satisfaction from Us should be accepted which contained any particulars but that they expected first a Generall Assembly of the Church and then a Parliament that in these two Judicatories they would represent and discusse their grievances And no wonder for in both these they knew that themselves were to be both Judges and parties For the second they answered that they could not returne to their former obedience from which they would never acknowledge that they had departed in the least degree having done no act but that which became good and dutifull subjects And for their Covenant that they would rather renounce their Baptisme then renounce it or abate one word or syllable of the literall rigour of it it being more availeable and usefull unto them then all the Lawes and Acts of Parliament which had beene enacted in that Kingdome since the time of Fergus the first King thereof And that it was a proposition which though they had now heard they were resolved never to heare a second time And accordingly after Our propositions thus made and rejected they presently filled the people with such misreports of the intentions and ends of Our Commissioners comming as they wrought them to a greater height of furie then before as if now their Religion and Lawes were brought to the stake For now new Guards were clapt upon Our castle of Edinburgh the Guards and Watches of the citie multiplied the Preachers Prayers and Sermons grew to be so many Libells and admonitions that they should take heed of craftie compositions or yeelding in the least point of their intended reformation for if they should abate in any one thing it would be thought that they might be mistaken in all They presently printed their weake Reasons against their rendring up of their Covenant nay they grew to that rage that on the Saturday having knowledge that Our Commissioner attended with Our Councell was to heare divine Service and Sermon in Our owne chappell at Our owne palace the day following being Sunday they sent him word that whosoever should read the English Service in Our chappell should never read more and that there were a thousand men provided for the disturbance of it which forced Our Commissioner that night to repaire to Dalkeith being unwilling to heare Sermon but in Our owne chappell or there without hearing the English Divine Service it having beene continually read there by the space of twentie yeares in the audience of Our Councell manie of the Nobilitie Judges and persons of all qualitie without any interruption or dislike Nay more they grew to that boldnesse as to write letters to everie one of Our Councell requiring them to subscribe their Covenant which Letter sent to everie one of them severally but in the same words here followeth May it please your Lordship WEe the Ministers of the Gospel conveened at this so necessarie a time doe finde our selves bound to represent as unto all so in speciall unto your Lordship what comfortable experience we have of the wonderfull favour of God upon the renewing of the Confession of faith and Covenant what peace and comfort hath filled the hearts of all Gods people what resolutions and beginnings of reformation of manners are sensibly perceived in all parts of the kingdome above any measure that ever we did finde or could have expected how great glorie the Lord hath received thereby and what confidence we have if this sunshine be not eclipsed by some sinfull division or defection that God shall make this a blessed kingdome to the contentment of the Kings Majestie and joy of all his good subjects according as God hath promised in his good Word and performed to his people in former times And therefore we are forced from our hearts both to wish and entreat your Lordship to be partaker and promover of this joy and happinesse by your subscription when your Lordship shall thinke it convenient And in the meane while that your Lordship would not be sparing to give a free testimonie to the truth as a timely and necessarie expression of your tender affection to the cause of Christ now calling for helpe at your hands your Lordships profession of the true Religion as it was reformed in this land the nationall oath of this kingdome sundry times sworne and subscribed ablishing us who live at this time the dutie of a good Patriot the office and trust of a Privie Councellour the present employment to have place amongst those that are first acquainted with his Majesties pleasure the consideration that there is the time of tryall of your Lordships affection to Religion the respect which your Lordship hath unto your fame both now and hereafter when things shall be recorded to posteritie and the remembrance that not onely the eyes of men and Angels are upon your Lordships carriage but also that the Lord Jesus is a secret witnesse now to observe and shall be an open Judge hereafter to reward and confesse everie
therefore intending to make known to the Lords of secret Councell what was noised concerning the Proclamation how far the whole Kingdome had been by some sinistrous mis-information frustrate of their hopes and their constant desire to have some course taken by their Lordsh advice how his Majestie being further informed might deliver his good subjects from so great grievances and feares and establish a sure peace in this Countrie for time to come we found our selves tyed by order of Law to decline those against whom we had made our complaint unlesse we would admit our parties to be our Judges And in case our Declinator should not be accepted we behoved to protest that we might have immediate recourse to the King himselfe c. Thereafter in the Moneth of March finding that by the foresaid Proclamation the innovations supplicated against were approven our lawfull proceedings condemned our most necessary meetings prohibited there being no other way left unto us wee were necessitate to renew the nationall Covenant of this Kirk and Kingdome thereby to reconcile us to God provoked to wrath against us by the breach of his Covenant within this Land to cleare our Soveraigns mind from all jealousies and suspicions arising from our adversaries mis-information of our intentions and carriage and so to make way for his acceptance of our humble supplications and grant of their lawfull remedies to guard this Land in defence of Religion authoritie and liberty against inward divisions and externall violences And that our actions might be answerable to our holy profession we afterward drew up an humble supplication containing our grievances and desires of the ordinary remedies thereof to have beene delivered to the King himselfe In the meane time wee were directed by those who were intrusted by his Majesty to attend his Declaration here in Scotland which would free us of all feares of innovations of Religion and prove satisfactorie And lest for want of true information of our just grievances and desires it should fall out otherwise wee expressed to them with the greatest modestie wee could our desires in some few Articles and with great patience have attended his Majesties pleasure thereanent And all this Moneth by-gone being frequently conveened to heare the same delivered by his Majesties Commissioner the right Noble and potent Lord James Marquesse of Hamiltoun c. we presented a new petition to his Grace as his Majesties Commissioner craving most humbly the indiction of a free Assembly and Parliament as the onely remedies thereof Like as finding a mis-information or mistake of our Covenant with God as if it had beene an unlawfull combination to bee the maine hinderance of obtaining our desires in a new supplication wee have fully removed that impediment renewed our desires of those supreme judicatories to bee indicted with diligence for settling of the Kirke and Kingdome But being answered only with delayes after these nine Moneths attendance and with this Proclamation that conteined his Majesties gracious declaration of his pious intentions not to admit of any innovations in Religion or Law nor any staine of Popish superstition But on the contrary to be resolved to maintaine the true Christian Religion professed in this Kingdome which we were ever so far from calling in question as in our supplicatications complaints and bills we used the same as one cause of our desires one ground of our confidence of a gracious answer and argument of our adversaries malignant mis-information of so religious a King And now most humbly with bended knees and bowed hearts thanke our gracious Soveraigne for the same Wishing and praying the Lord of heaven truly and fully to informe his Majestie how far these bookes judicatories and all our other evils and grievances are full of idolatrous superstitions and Popish errours How destructive of the reformation of Religion in this Land and of the Lawes and Liberties of this Church and Kingdome and so directly contrary to this his Majesties pious intention and Declaration Yet seeing that no Proclamation could sufficiently remove the present evils nor settle our feares nor secure us from the re-entrie of any evill or Innovation which it seemed to discharge or prevent the like in time comming nor satisfie our humble supplications craving the present indiction of a free Assembly and Parliament as the only remedies of our evils and meanes to prevent the like And seeing this Proclamation doth not so much as make mention or acknowledge any of our supplications complaints and grievances or any just cause thereof except under the name of great increase of disorders faults and mis-demeanours but only our feares of some future Innovation of Religion or Lawes occasioned onely as is pretended by the introduction of the Service booke booke of Canons and High Commission which feares his Majestie hoped to have beene abundantly and sufficiently satisfied by his two former Proclamations of the ninth of December and ninteenth of February And by this his present Declaration except his subjects bee blindly under pretext of Religion led unto disobedience Doth mis-ken passe over and so in effect denie all our supplications bills articles and desires especially our complaints against the Prelats our parties And that once for all in a faire and perswasive way even after the resaite of our last supplication clearing us from the calumnie of unlawfull combination Doth not disallow nor discharge any of the innovations and evils complained upon but only assureth that his Majestie will not presse their practice but in such a faire and legall way as shall satisfie his subjects of his intention which joyned with the other clause allowing and confirming the Proclamation the nineteenth of February evidenceth the liberty left to any Prelate or persons to practise the same and by all other faire waies to perswade others thereunto and his Majesties resolution to presse their practice in a faire and legall way And also confirmeth the former Declaration that the Service Booke is a ready meane to maintaine the true Religion already professed and to beat out all Superstition and no waies to be contrary to the Lawes of this Kingdome but to be compiled and approved for the universall use and edification of all his Majesties subjects Doth not abolish but promiseth to rectifie the High Commission with advice of his privie Councell implying the Kings power with consent of the Councell to establish this or any judicatory within this Kingdome without consent of the three Estates conveened in Parliament contrary to the fundamentall and expresse Lawes thereof and by consequent with the like reason to establish Lawes and Service bookes without consent of the Assembly and Parliament Which is contrary to the maine ground of all our supplications against the manner of their introduction Doth only promise to take into his consideration in an Assembly and Parliament which shall bee called at his best convenience while as the evident and urgent necessity for settling the combustions threatning the totall dissolution and desolation of this Church and
Country and our posterity and doth tend to no other end but to the preservation of the true reformed Religion the confession of Faith Lawes and Liberties of this His Majesties most ancient Kingdome and of His Majesties authority in defence thereof and satisfaction of our humble desires contained in our Supplications complaints and articles unto the which we adhere againe and again as we would eschew the curse of the Almighty God following the breach of his Covenant And yet we doe certainly expect according to the Kings Majesty his accustomed goodnesse and justice that His sacred Majesty after a true information of the justice of our cause and carriage will presently indict these ordinary remedies of a free Assembly and Parliament to our just Supplications complaints and articles which may be expected and useth to be granted from so just and gracious a King towards most loyall and dutifull Subjects calling for redresse of so pressing grievances and praying heartily that His Majesty may long and prosperously reigne over us WHereupon a Noble Earle John Earle of Cassles c. in name of the Noblemen M. Alexander Gibson younger of Dury in name of the Barons James Fletcher Provost of Dundy in name of the Borrowes M. John Ker Minister at Salt-Prestoun in name of the Ministers and Master Archbald Johnston Reader hereof in name of all who adheres to the Confession of Faith and Covenant lately renewed within this Kingdome tooke Instruments in the hands of three Notars present at the said mercat Crosse of Edinburgh being invironed with great numbers of the foresaid Noblemen Barons Gentlemen Borrows Ministers and Commons before many hundred witnesses and craved the extract thereof And in token of their dutifull respect to his Majesty confidence of the equity of their cause and innocencie of their carriage and hope of his Majesties gracious acceptance they offered in all humilitie with submisse reverence a Copy thereof to the Herauld NOw We must appeale to the judgement of the world whether there was any thing in this Our Proclamation which deserved such an undutifull and rebellious Protestation or the seditious clamours which both at their private and publicke meetings especially in their Pulpits were made against it This Protestation needeth no answere for after the first part of it which is nothing but a repetition of that which they have so often said there is nothing but a number of falsities heaped up together as the Reader may easily perceive For whereas they alledge That they have removed the impediment which caused their Covenant to be mistaken as if it had beene an unlawfull combination We suppose that thereby they meane that which they tendered to Our Commissioner and called it by the name of an explication of their Covenant which explication was so farre from giving unto Us any satisfaction that both to Us and all reasonable men it must needs appeare to be a stronger confirmation of their unlawfull combination For whereas they refused to except Us out of the number of those persons against whom their band of mutuall maintenance is intended it plainely demonstrateth that in their intentions We are the person chiefly aimed at In some few lines after this they professe that they never so much as called in question Our resolution to maintaine the Religion professed in that kingdome and Our care for not admitting any Innovations in Religion or any staine of Popish superstition Now We doe appeale even to their owne consciences whether in their private meetings nay even in their publike assemblies and Sermons they have not endevoured to settle in Our good subjects mindes opinions feares and jealousies quite contrarie to these their printed asseverations In the last part they ground their Protestation upon no grounds but such as these That they will continue together because they have obliged themselves by oath so to doe and because they will and are resolved to adhere constantly to what they have done and because they offer to cleare themselves before a generall Assembly and Parliament where they themselves make accompt to be Judges Now these and such like false and weake grounds it is very unnecessarie to confute the rehearsall of them being upon the first view their sufficient conviction After all these they end their Protestation with two very unsavourie conclusions The first is that if We will not allow of their proceedings they themselves will call a Generall Assembly which shall be sure to allow of them A notable piece of hypocrisie and disloyaltie together to be suiters to Us for that which they as they say both may doe and are resolved to doe without Our leave The second is they protest that notwithstanding any thing which We doe or shall say to the contrarie all their proceedings are in themselves most necessarie and orderly meanes agreeable to the Laws and practise of that Church and Kingdome to be commended as reall duties of faithfull Christians loyall subjects and sensible members of the body of that Church and Kingdome and no way to be styled or accounted great disorders misdemeanours blinde disobedience under pretext of Religion and running headlong into ruine All which words are multiplied onely to make up a verie unmannerly contradiction to the verie words of Our Proclamation Our Commissioner seeing not that he was not able to give but that they were resolute not to receive any satisfaction by what was offered and that the most that they could be brought to was that which they called an explication of their Covenant but indeed was none for they would never yeeld that these words whereby in their Covenant they bound themselves in a mutuall defence against all persons whatsoever should admit this interpretation Except the King He told them plainly that since his Instructions were out he could proceed no further with them without new conference with and Instructions from Us and therefore he resolved a speedie journey to Us to informe Us of what had passed and make Us acquainted with that explication of their Covenant which they had given him though as it had given no satisfaction to himselfe so he was sure it would give none to Us In the meane time he entreated them to behave themselves more quietly and peaceably then they had done untill Our pleasure were further knowne That pretended explication of their Covenant was conceived by way of Petition and was this To His Majesties Commissioner The supplication of the Noblemen Barons Burgesses Ministers and Commons here attending His Majesties gracious answer of our former petitions complaints and desires Humbly shewing THat whereas we expecting from your Grace as His Majesties Commissioner a gracious answer of our former supplications complaints and just desires have presented to your Grace a petition humbly craving a free generall Assembly and Parliament as the ordinarie remedy of our grievances and the onely meane to put this Kirk and Kingdome to quietnesse It pleased your Grace to shew that His Majestie from His princely care of this Kirk and Kingdome
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
of the Covenant with their hands and that they would acquaint the Covenanters with it with whom they kept private meetings This proposition being much debated amongst these Councellours they fell upon that way which they conceived would fully satisfie or else none could which was this Since the Covenanters would not expresse their owne desires in particulars they thought best to take an exact view of all their petitions remonstrances grievances declarations protestations either written or printed which they had since the first beginning of these troubles exhibited to Our selves Our Commissioner Our Councell and to extract out of them the particulars of all their grievances and desires and to represent them unto Us. And besides all these We being assured by Our Commissioner that the principall motive which the heads of the Covenanters had used to Our people for alienating their minds from Us was that false opinion of Our aversnesse from the Religion Reformed and of Our inclination to Popery We resolved above all that was desired to take a course which should give Our subjects full and unquestionable satisfaction in that point and therefore propounding unto Our selfe the example of Our Royall Father We concluded to command and urge the renewing of that Confession of Faith which was first framed and afterward renewed in His name by which meanes Wee made account that We should both benefit Our Subjects and right Our selfe For perceiving that they had grounded and fathered their spurious Covenant upon that Confession and Covenant urged by Our Father Wee resolved by this Act of Our authoritie to legitimate it that it being commanded by Us might save Our people who were to sweare it from incurring the danger of Our Lawes which have made it very criminall to enter into any Covenant without Our authority As also to vindicate Our selfe from that false and wicked aspersion which the heads of their Covenant had most seditiously laid upon Us viz. that Wee had a resolution either to bring in Poperie or at least to tolerate it in Our Kingdomes which though they themselves did not beleeve yet they beleeved that this was the most powerfull meanes of alienating the minds of Our people from Us which they only intended if they could possibly worke them to that beliefe And so both Wee and Our Commissioner who had lately come from them were perswaded that not onely Our people but all people in the World to whose notice it should come must rest satisfied that Wee could not possibly be that way inclined if Wee should command and by Our authority effect a new subscription and swearing of that confession of Faith which is more directly opposite to Poperie then any Confession besides extant in the World This being added to the former advice of Our Councell which was to ease them of all those things which they pretended to bee their principall grievances Wee well hoped should have settled the peace of that Church and Kingdome For by granting the removing of those former grievances without this last superaddition of Our favour Our Councellours were perswaded that Our subjects for the most part would be satisfied desert their Leaders and adhere to Us with their lives and fortunes as they themselves would doe who signed this their Councell with their hands and sent it up to Us by Our Commissioner No sooner was he come to Us at Oatlands but We were astonished with his relation of their proceedings and when he presented unto Us not only the improbability but also the impossibility that ever the Ring-leaders of that Rebellion would desist untill they had obtained their wicked ends and that the onely hope of peace was placed in dividing the people from them by proffering unto the people such gracious favours as in all likelyhood they neither could nor would reject and well weighing the advice given unto Us by Our principall Councellours and Officers of State there After mature deliberation with such as We were pleased to call unto Us and especially at the humble and earnest importunity of Our Commissioner so zealously affected to the peace of Our and his native Countrey We did resolve to pursue that advice of his and Our other Councellours and did againe make a very exact survey of whatsoever they had petitioned for from the very first either of Us Our Commissioner or Councell and resolved to grant them all and besides all these to renew the former Confession of Faith and the Band annexed which We made account would have given them satisfaction above all things especially in that wherein they had been most wickedly abused that is in their opinion of Our inclination to Poperie The particulars of Our gracious grants unto them you shall finde in Our next Proclamation made after Our Commissioners returne to that Kingdome whom within eight dayes after his comming to Us We dispatched back againe overjoyed with Our gracious grants as making full accompt that he should be received this last time as an Angell of God bringing in his mouth the branch both of piety and peace But how farre both We and he and Our Councellours and all Our good religious loyall and peaceable subjects of that Kingdom were deceived herein the next ensuing narration which is almost above credit will sufficiently declare For Our Commissioner returning before the day agreed upon he found all things in the time of his absence so perplexed and imbroyled by the heads of the Covenanters who were afraid of nothing so much as that he should returne with an answer satisfactorie to Our people that he begun most clearely to perceive that these men were resolved that nothing should satisfie them which appeared by their whole proceedings in the time of his absence and especially in these two particulars First whereas they had promised that no election of Commissioners for the Assembly should be made before the 21. day of September the day agreed upon for his returne they gave order that the election should be made the 22. day of September being the next day after that which they knew was to be passed before he could possibly returne Our answer to them According to which resolution of theirs Commissioners for the Assembly were elected in many Presbyteries upon that day before any of the Covenanters did or could come to know Our answer from Our Commissioner or before the Assembly was indicted which was not untill some dayes after these elections were past Now We desire to know whether ever there were heard a more grosse absurd and palpable equivocation then this and that from men who would be accounted the greatest opposites in the world to Popish tenets and to none more then that of equivocation They promise that no election shall be made untill Our Commissioners returne and before such a day and that promise grounded upon Our Commissioners resolution before his departure from them that unlesse they would give him that assurance hee would not undertake his journey nor move Us any more in this business but if they
would expect his returne and Our answer by that time he would doe both These holy men resolve to expect that time before any election shall be actually made but give order that it shall be made the next day after before it could be knowne in most parts of the kingdome whether he were returned or in any part of the kingdome or by any person of the kingdome what answer he had returned from Us The insinceritie of which proceedings condemned by many Covenanting Ministers at their meeting at Edinburgh for a most desperate equivocation We are confident every man will detest especially in those men who boast themselves to be the onely sincere Professours of these times Besides Our Commissioner found that these men who would not so much as hear him speak of any precedent conference of any thing concerning the Assembly nor of any directions to be agreed upon for the more orderly proceeding in it but cried out against them as unsufferable prelimitations and prejudgings of the liberties of Christ and his Church had in the time of his absence at their Tables agreeed upon certaine directions comprehended in eight Articles which they had dispersed through the whole kingdome and commanded to be observed by the severall Presbyteries thereof in their elections the true copie whereof here followeth A direction for Presbyteries THat every Presbyterie have a copie of the Act made at Dundie the seventh of March 1597. concerning the number of Commissioners the tenour whereof followeth Because there hath beene no order hitherto anent the number of Commissioners to be directed from everie Presbyterie to the Generall Assemblie therefore it is statuted and ordained that in all time comming three of the wisest and gravest of the Brethren shall be directed from everie Presbyterie at the most as Commissioners to everie Assemblie and that none presume to come without Commission And likewise that one bee directed from everie Presbyterie in name of the Barons and one out of everie Burgh except Edinburgh which shall have power to direct two Commissioners to the Generall Assemblie That everie Presbyterie have a copie of the Commission to be given to the Commissioners the tenour thereof followes T.T. the day of The which day after calling upon the name of God We the members of the Presbyterie of having diligently considered the manifold corruptions innovations and disorders disturbing our peace and tending to the overthrow of our Religion and Liberties of the reformed Church within this Realme which hath come to passe especially through the want of the necessarie remedie of Generall Assemblies as well ordinarie as pro re nata injoyed by this Church for many yeares and ratified by Act of Parliament And now expecting shortly by the mercie of God the benefit of a free Generall Assemblie do by these presents nominate and appoint Minister of as also in name of the Burrowes conjunctly and severally our lawfull Commissioners giving and granting unto them our full power Commission and expresse charge to repaire to the said Assemblie at the day and place when and where it shall happen to sit in any safe and commodious place within this Kingdome and there with the rest who shall be authorised with lawfull Commission in our name to propone treat reason vote and conclude according to the word of God and confession of faith approved by sundrie Generall Assemblies and received throughout the whole Kingdome in all Ecclesiasticall matters competent to a free Generall Assemblie and tending to the advancement of the Kingdome of Christ and the good of Religion as they will answer to God and his Church thereupon and to report to us their diligence therein In testification of this our Commission and charge we have subscribed these presents with our hands and which they have accepted with the lifting up of their hands That everie Church Session send one of the most qualified Elders unto the Presbyterie the day of chusing Commissioners to the Generall Assemblie That by common consent of the Ministers and those Elders present in the Presbyterie there may bee chosen both the Commissioners for the Ministers and also some well affected and qualified Nobleman or speciall Gentleman being an Elder of some particular Church Session within that Presbyterie in name of the Barons For this is the constitution of the Presbyteries otherwise called Elderships appointed by the Church in the books of discipline Acts of the Generall Assemblie practised for many yeares after the reformation and ratified in the Parliament the twelfth of King James the 6. and never since altered nor rescinded neither can be with reason altered seeing that same is the constitution of the supreme and Generall Assemblies and of the inferiour and Church Sessions as is at more length cleared by some reasons That such as are erroneous in doctrine or scandalous in life be presently processed that they be not chosen Commissioners and if they shall happen to be chosen by the greater part that all the best affected both Ministers and Elders protest and come to the Assemblie to testifie the same To send to everie Presbyterie a copie of the printed reasons for an Assemblie That Moderators by vertue of their office bee not Commissioners to the Assemblie except they be chosen That the Presbyteries in one of the ordinarie meetings appoint to conveene solemnely after the twentieth of September either upon the 21.22.23.24 or 25. for chusing of their Commissioners to the Assemblie and for to send them hither to Edinburgh before the first of October or so soone as they can that with common consent they may receive the Kings last answer and advise upon the next lawfull remedies in their extreme necessities of Church and State That in the Fast to bee observed on the sixteenth day of September the second day preceding their election they may crave Gods direction therein TO these eight Articles they joyned by way of information a verie impertinent long and tedious discourse of Ruling Elders too long and too simple to be here inserted which was added no doubt onely to perswade the Ministers to admit Lay-men to have voyces in their Presbyteries at the election of the Ministers who were to be Commissioners for the Assemblie or in case of their refusall to perswade the Lay-men to put themselves in possession and give their voyces in these elections whether the Ministers would or no as shall appeare afterwards both by that intrusion which these Lay Elders used in many Presbyteries where the Ministers refused to admit them and by some of the Tables more private instructions by which they were ordered so to do Now We desire the Reader to consider whether the conference which Our Commissioner desired for debating of what members the Assemblie was to be constituted and the matters which were principally to be discussed there with so much bitternes exclaimed against by them could in any construction or sense be taken for such a prelimitation of the Assemblie either in the members matter or manner of it as
and estate against whatsoever Jesuites and Seminarie or Masse-priests condemned enemies to God and his Majestie to their utter wracke and exterminion according to the power granted to us by his Majesties proclamation and acts of Parliament To try search and seeke out all excommunicates practisers and others Papists whatsoever within our bounds and shire where we keepe residence and dilate them to his Highnesse and his privie Councell and conforme us to such directions as from time to time we shall receive from his Majestie and his Councell in their behalfes And specially so many of us as presently are or hereafter shall be appointed Commissioners in every shire shall follow pursue and travaile by all meanes possible to take and apprehend all such Papists Apostates and excommunicates as we shall receive in writ from his Majesty And we the remanent within that shire shall concurre and assist with the saids Commissioners with our whole friends and forces to that effect without respect of any person whatsoever And generally to assist in the meane time and defend every one of us another in all and whatsoever quarrels actions debates moved or to be moved against us or any of us upon action of the present Band or other causes depending thereupon And effauldly joine in defence and pursuit against whatsoever shall offer or intend any injury or revenge against any one of them for the premises making his cause and part that is pursued all our parts Notwithstanding whatsoever privie grudge or displeasure standing betwixt any of us which shall be no impediment or hinder to our said effauld joyning in the said common cause but to lye over and be misknown till they be orderly removed and taken away by the order under-specified To the which time we for the better furtherance of the said cause and service have assured and by the tenour hereof every one of us taking the burden upon us for our selves and all that we may let assure each other to be unhurt unharmed or any wayes to be invaded by us or any our foresaids for old feid or new otherwise then by ordinary course of law and justice neither shall we nor any of our foresaids make any provocation or tumult trouble or displeasure to others in any sort as we shall answer to God and upon our Honours and fidelitie to his Majestie And for our further and more heartie union in this service we are content and consent that all whatsoever our feids and variances fallen or that may fall out betwixt us be within fortie dayes after the date hereof amicably referred and submitted to seven or five indifferent friends chosen by his Majestie of our whole number and by their moderation and arbitrement componed and taken away And finally that we shall neither directly nor indirectly separate nor with-draw us from the union and fellowship of the remanent by whatsoever suggestion or private advice or by whatsoever incident regard or stay such resolution as by common deliberation shall be taken in the premises as we shall answer to God upon our consciences and to the world upon our truth and honours under the pain to be esteemed traitours to God and his Majestie and to have lost all honour credit and estimation in time comming In witnesse whereof by his Majesties speciall command allowance and protection promised to us therein We have subscribed these presents with our hands At 1589. We JAMES Marquesse of Hamiltoun Earle of Arran and Cambridge Lord Even and Evendail his Majesties High Commissioner and Lords of his Majesties Privie Councel undersubscribing by vertue and conform to a warrant and command signed by his sacred Majesty of the date of Sept. 9. 1638. and registrate in the bookes of Councell upon the 22. day of the said month Swear and with our hearts and humble and true affections to Gods truth and to his sacred Majesty subscribe the Confession of faith of according to the date and tenour above specified and also renew swear and subscribe the foresaid general Band of the tenor abovewritten for preservation of the true Religion and maintenance of his sacred Majesties authoritie according to the tenor thereof and siclike as amply as the same was conceived in favours of his Majesties umwhile blessed Father of eternall memorie by the said Band. In witnesse wherof we have subscribed these presents with our hands At Holy-rood-house Septemb. 22. 1638. Sic subscribitur HAMILTOUN Traquair Roxburgh Mairsheall Mar Murray Linlithgow Perth Wigtoun Kingorne Tullibardin Hadingtoun Annandaill Lauderdaill Kinnoull Dumfreis Southesk Belheaven Angus Lorn Elphinstoun Naper Dalyell Amont J. Hay S. Thomas Hope S.W. Elphinstoun Ja. Carmichael J. Hamiltoun Blackhall AT the same time was a proclamation made for the indiction of the generall Assembly which was this At Holy-rood-house the 22. day of September 1638. FOrsomuch as it hath pleased the Kings Majestie out of his pious and religious disposition to the true Religion and out of his fatherly care for removing of all feares doubts and scruples which may arise in the mindes of his subjects for preservation of the puritie thereof and upon divers great and weightie considerations importing the glory of God the peace of the Kirke and Common-weale of this kingdome to appoint and give order that a free generall Assembly be indicted kept and holden at the Citie of Glasgow the 21. of November next Therefore the Lords of secret Councell ordaines letters to be direct charging Maissars and Officers of Armes to passe and make publication hereof by open Proclamation at the Market Crosse of Edinburgh and the head Burrowes of this Kingdome and other places needfull And to warne all and sundry Archbishops Bishops Commissioners of Kirkes and others having place and vote in the Assembly to repaire and addresse to the said Citie of Glasgow the said one and twentieth day of November next to come and to attend the said Assembly induring the time thereof and aye and while the same be dissolved and to doe and performe all which to their charges in such cases appertaineth as they will answer to the contrarie at their highest perill IMmediately after that this Proclamation was made for the indiction of the Parliament At Holy-rood-house the 22. day of September 1638. FOrsomuch as it hath pleased his Majestie out of his pious and religious disposition to the true Religion and out of his fatherly care for removing of all feares doubts and scruples which may arise in the mindes of his subjects for preservation of the puritie thereof and upon divers other great and weighty causes importing the glory of God the peace of the Kirk and Common-weale of this Kingdome to appoint and give order that the Soveraigne and High Court of Parliament shall be holden at the Citie of Edinburgh upon the 15. day of May next to come with continuation of dayes Therefore the Lords of secret Councell ordain letters to be direct to Maissars and officers of Arms charging them to passe to the market Crosse of Edinburgh
of Mar S. Robert Bruce of Clackmannan S. Thomas Hope younger of Cars sheriffe For the sheriffedome of Wigtoun John Earle of Cassils Alexander Earle of Galloway Sir John Hamiltoun elder and younger of Barganie S. Patrick Mackie of Larg John Murrey of Broughton For the sheriffedome of Air Alexander Earle of Eglintoun Alexander Earle of Glencarne John Earle of Cassils William Earle of Dumfreis William Lord Crichton John Lord Lowdoun the Lairds of Barganie elder and younger the Lairds of Gastoun and Cragiewallace For the sheriffedome of Renfrew Alexander Earle of Glencarne Robert Vicount of Belheaven S. Archibald Stewart of Black-hall the Laird of Howston and Bryce Sempill of Cathcart S. Robert Dowglas of Blaikester and S. John Maxwell of Pooke For the sheriffedome of Dumbartan Argile and Carbet the said Earles of Montrose and Wigtoun the Lords Lorn Flemming S. George Stirline of Keir and S. William Stewart Captaine of the Castle of Dumbartane For the sheriffedome of Perth stewartries of Monteith and Strathern the Earls of Airth Montrois Atholl Perth Tullibardin and Kinnoul Mungo Vicount of Stormont the Lairds of Keir and Lawers elder and younger the Lairds of Duncrub elder and younger and Blair of Baltheiock For the sheriffedome of Forfar the Earls of Montrois Kingorn and Southesk the Lords Carnaegie and Ogilvie the Master of Spynie Patrick Maule of Panmure the Constable of Dundie S. Andro Fletcher of Innerpeffer the Lairds of Din Ethie Balnamoune Aldbar Bonnyton Lethintie and Innerquharratie For the sheriffdome of the Mernes the Earles of Mairshall and Southesk the Lord Carnegie S. Thomas Burnet of Leyes the Lairds of Glenbervie Arbuthnet Morphie Balmoyne and Halkerton elder For the sheriffedome of Aberdene the Marquesse of Huntly the Earles of Mairshall and Kingorne the Earle of Kingorne for himselfe and as Tutor to the Earle of Erroll the Lords Forbes and Fraser and Laird of Drum For the sheriffedome of Banff the Marquesse of Huntly the Earls of Mairshall and Finlatter For Elgine and Forres the Earle of Murray the Laird of Innes Brodie of that ilk and Dumbar sheriffe of Murrey For the sheriffedome of Innernesse the Marquesse of Huntly the Earle of Seafort the Lord Lovatt the Lairds of Grant and Makintosh For the sheriffedomes of Caithnes and Sutherland the Earles of Sutherland Caithnes and Seafort the Master of Berridail and S. Robert Gordoun For Orkney and Zetland the Earle of Cariet S. John Buchannan of Scotiscraig and Will. Stewart of Maynes For the sheriffdom of Bute the Lord Lorn and sheriff of Bute For the Iles the Lord Lorn With power to them conjunctly and severally to passe to the severall bounds above-written at such times places as they shall think fit and there to exhibit the said Confession of faith and generall Band above-specified marked and subscribed by the Clerk of Councell and to require all his Majesties lieges of whatsoever rank and qualitie to subscribe the said Confession of Faith dated March 2. 1580. according to the said date and tenour thereof and as it was then profest within this kindgdome together with the generall Band dated in Anno 1589. as they will be answerable to his Majesty and the said Lords upon their dutie and obedience and to make report of their said diligence betwixt and the thirteenth day of November next ANd because many did conceive though falsly that these pretended Innovations had made some alteration in the Religion which was sworne at the first in the said Confession Our Commissioner and Councell knowing well that suggestion to be made by those who were enemies to all peace and onely to that end that Our subjects might be kept from returning to their obedience did declare most truly and justly that Our intention and so accordingly the oath which they had now taken was to defend the true Religion and Confession of faith as it was professed in that Kingdome and sworne unto in the yeare of our Lord 1580. by which they did assuredly conceive that all Our good people would rest fully satisfied The Act of Councell containing that short explication here followeth Apud Holy-rood-house 22. Septembris Anno 1638. THe which day a Noble Marquesse JAMES Marquesse of Hammiltoun Earle of Arran and Cambridge his Majesties Commissioner and Lords of secret Councell in all humble and heartie affection unanimously swore and subscribed the Confession of Faith above-written dated 2. March 1580. according as it was then profest within this Kingdome Together with the generall Band above specified dated in Anno 1589. Whereupon S. Thomas Hope of Craighall his Majesties Advocate in his Majesties name asked instruments WIth all these Our gracious proceedings the Lords of Our Councel were so fully satisfied themselves that they did verily beleeve that there would remaine no more scruples in the minds of Our good subjects and that nothing now could keep them from a cheerfull and thankfull returning to their former obedience Their own resentment and satisfaction they testified both by an act of Councell and a particular Letter directed to Us for that purpose which here do follow The Act of Councell THe Lords of secret Councell having read and maturely considered his Majesties letters and particular declaration of his pleasure anent the annulling of the Service Book Book of Canons and high Commission discharging the pressing of the practice of the five Articles making all persons Ecclesiastick and Civill of what title or degree soever lyable to the tryall and censure of Parliament generall Assembly and other Judicatories competent anent the not administrating to Ministers at their entry any other oath then that which is contained in the Act of Parliament anent the subscribing and renewing the Confession of Faith subscribed by his Majesties Father of blessed memory and his houshold in Anno 1580. and Band following thereupon anent the indiction of a generall Assembly to be holden at Glasgow the 21. day of November 1638. and Parliament at Edinburgh the 15. of May 1639. and anent his gracious goodnesse in forgetting and forgiving all by-gones and indiction of a Fast for craving of Gods blessing to this Assembly find themselves so fully satisfied therewith and the same to be so satisfactory for removing all the feares of the subjects anent innovation of Religion or Lawes that we hold our selves bound in duty not only to acquiesce therewith as the best meane to secure both Religion and Lawes but also to use our best endevours that all his Majesties good subjects may likewise rest satisfied therewith And that they with us and we with them may testifie our thankfulnesse for so great a grace and goodnesse with all the heartie expressions of dutifulnesse and loyalty And that our true sense hereof may the more clearly appeare to our sacred Soveraigne Wee doe by these humbly and heartily make offer of our lives and fortunes in the defending and assisting of his Majesties sacred person and authority in the maintenance of the foresaid Religion and Confession and repressing of all such as
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
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
by his Highnes and three Estates in parliament are discharged and whereby it is defended That none of his highnes subjects of whatsoever qualitie estate or function they bee of spirituall or temporall presume or take upon hand to convocate conveen or assemble themselves together for holding of councels conventions or assemblies to treat consult or determinate in any matter of estate civill or ecclesiasticall except in the ordinary judgements without his Majesties speciall commandment or expresse licence had and obtained to that effect By the 132. act of the said parliament authorizing Bishops to try and judge ministers guilty of crimes meriting deprivation By the 133. act of the same parliament ordaining Ministers exercing any office beside their calling to be tried and adjudged culpable by their Ordinaries By the 23. act of the parliament 1587. whereby all acts made by his highnesse or his most noble progenitors anent the Kirk of God and religion presently professed are ratified By the 231. act of the parliament 1597. bearing That our Soveraigne Lord and his highnesse estates in parliament having speciall consideration of the great priviledges and immunities granted by his highnesse predecessors to the holy Kirk within this realme and to the speciall persons exercing the offices titles and dignities of the prelates within the same Which persons have ever represented one of the estates of this realme in all conventions of the said estates and that the said priviledges and freedomes have been from time to time renued and conserved in the same integritie wherein they were at any time before So that his Majestie acknowledging the same to he fallen now under his Majesties most favourable protection therefore his Majesty with consent of the estates declares that the Kirk within this realme wherein the true Religion is professed is the true and holy Kirk And that such ministers as his Majestie at any time shall please to provide to the office place title and dignitie of a Bishop c. shall have vote in parliament sicklike and al 's freely as any other Ecclesiasticall prelate had at any time by-gone And also declares that all bishopricks vaicking or that shall vaick shall be only disponed to actuall preachers and ministers in the kirk or such as shal take upon them to exerce the said functiō By the 2. act of the parliament 1606. whereby the ancient and fundamentall policie consisting in the maintenance of the three estates of parliament being of late greatly impaired and almost subverted especially by the indirect abolishing of the Estate of Bishops by the act of annexation Albeit it was never meaned by his Majestie nor by his estates that the said estate of bishops being a necessary estate of the parliament should any wayes be suppressed yet by dismembring and abstracting from them of their livings being brought in contempt and povertie the said estate of bishops is restored and redintegrate to their ancient and accustomed honour dignities prerogatives priviledges lands teindes rents as the same was in the reformed kirk most amply and free at any time before the act of annexation rescinding and annulling all acts of parliament made in prejudice of the said bishops in the premisses or any of them with all that hath followed or may follow thereupon to the effect they may peaceably enjoy the honours dignities priviledges and prerogatives competent to them or their estate since the reformation of religion By the 6. act of the 20. parliament declaring that archbishops and bishops are redintegrate to their former authority dignitie prerogative priviledges and jurisdictions lawfully pertaining and shall be knowne to pertain to them c. By the 1. act of the parliament 1617. ordaining Archbishops and Bishops to be elected by their Chapters and no other wayes and consecrate by the rites and order accustomed This is the Explanation and now followeth their answer which shall receive no reply as being confident that there is nothing in it that hath weakened any thing contained in the five reasons Onely where there is any new or dangerous position of theirs or any other thing which may seeme with any shew fit to be observed you shall finde it noted upon the margine as it here ensues AN ANSVVER TO THE PROFESSION AND DECLARATION Made by JAMES Marquesse of HAMILTON His MAIESTIES high Commissioner at Edinburgh An. 1638. in December THis ancient Kingdome although not the most flourishing in the glory and wealth of the World hath been so largely recompensed with the riches of the Gospel in the reformation and puritie of Religion from the abundant mercy free grace of our GOD towards us that all the reformed Kirks about us did admire our happinesse And King JAMES himselfe of happy memory gloried that he had the honour to be born and to be a King in the best reformed Kirk in the world Those blessings of pure doctrine Christian government and right frame of discipline we long enjoyed as they were prescribed by GODS own word who as the great Master of his family left most perfect directions for his own oeconomie and the whole officers of his house till the Prelats without calling from GOD or warrand from his word did ingire themselves by their craft and violence upon the house of GOD. Their craftie entry at the beginning was disguised under many cautions and caveats which they never observed and have professed since they never intended to observe though they were sworn thereto Their wayes of promoving their course were subtile and cunning as in abstracting the registers of the Kirk wherein their government was condemned in impeding yearly generall Assemblies whereunto they were subject and comptable and generally in enfeebling the power of the Kirk and establishing the same totally in their own persons whereby in a short time they made such progresse that being invested in the prime places of estate and arming themselves with the boundlesse power of the high Commission they made themselves lords over GODS inheritance and out of their greatnesse without any shew of order or Councell without advise of the Kirk but at their own pleasure enterprised to alter and subvert the former doctrine and discipline of this Kirk and introduce many fearefull corruptions and innovations to the utter overthrow of Religion and to make us no lesse miserable then we were happy before These pressing grievances did at length awake the good Subjects to petition his Majesty and his Councell for redresse And albeit at last after many reiterated supplications and long attendance his Majestie hath been graciously pleased to grant a free generall Assembly yet in the beginning by the credit of the Prelates and their commoditie of accesse his Royall eare was long stopped to our cryes and wee discharged under the paine of treason to meet for making any more remonstrances of our just desires In this distresse none other mean nor hope of redresse being left wee had our recourse to GOD who hath the hearts of all Kings and Rulers in his hand and
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
and Records that the Castle of Edinburgh was given in keeping to the house of Erskine by the King and Estates of Parliament hac lege expressa conditione ut nulli nisi conventui ordinum reposcenti traderent Eighthly this Act is not unexampled in the Christian world but hath many presidents both in the History of other Kirks and Kingdomes and of our own which hath many such examples even done by the Estates themselves whose fact doth make our right and whose authority is ratified conforme to the ancient and loveable custome in punishing rebellious subjects and preserving the faithfull Act 130. Par. 8. James 6. In the next place we are upbraided for our meetings which in the Proclamation are called Councell Tables only by that name which by ordinary expression is due to judicatories to make it beleeved that we have arrogate to our selves some unwarrantable power and authority which we neither have nor intends to doe God willing whereas the truth is that in a matter so highly importing all of us as the preservation of Religion and purity of Gods worship it was most necessary for us to meet and that in a sober modest and quiet way for deliberating with joynt advice upon those weighty businesses for the good of the Kirke his Majesties honour and peace of the Kingdome And those meetings did never emit nor send forth any authoritative command or injunctions but conclude upon such advices as might be most expedient for advancing that great businesse and facilitating the way of supplication to his Majestie and overtures for the Assembly and Parliament which was an Act lawfull and approvable in the selfe albeit the conclusions thereof did not carry the force or validity of a binding law or command which was never aimed at nor intended Which meetings they might warrantably keepe for that end being for Gods glory and removing the iust grievances of the subiects no waies prohibited by any of our municipall Lawes which disapproveth such conventions as are for disturbance of the peace or usurpation against Authority whereof neither of the two can bee alledged against these meetings Not the first because no invasion violence offer of wrong by word or deed to any person no even to those upon whom they justly complaine ensewed upon the same notwithstanding of their provocations and their feares falsly represented to his Maiesty and maliciously pretended for their stay out of the Countrey Not the second because their meetings was to consult in manner foresaid upon the most fitting and humble way of supplicating his Maiestie and for the most convenient propositions to bee represented to his Maiesty the Parliament and Assembly all which acts are most compatible with the loyalty and duty of good subjects and doe no waies intrench upon Authority seeing they can never be challenged to have assumed to themselves any judiciall determination in any matter of State Civill nor Ecclesiasticall but by voluntary instructions and opinions every one to another in a common cause of Religion did resolve what might be most conducible to their lawfull and iust ends And yet those conventions want not the warrant of Law and Authority because they consist of the Nobility Barons Burrows and Ministerie which by the fundamentall Lawes of the Land have place of proponing reasoning and voting in Parliament and Assemblies Act 113. King James the 6. Parl. 11. wherein is acknowledged that it is necessary to the King and his Estates to be truly informed of the needs and causes pertaining to His loving subjects in all estates and therefore ratifieth the Act made by King James 1 anno 1427. Giving power to Barons to propone all and sundry needs and causes and to heare treat and determine all causes to be proponed in Parliament which necessary and true information cannot be made to his Majestie and Estates without privy meeting and consultation and consequently it being granted to them to informe the King and Estates and to propone heare treat and finally determine all needs and causes to be proponed in Parliament there must be necessarily understood to be a sufficient power granted to them for meeting and advising upon that information Quia aliquo concesso omnia concessa videntur sine quibus concessum expediri nequit And as to the Ministers they have likewayes power granted to them not onely by the word of God and constitutions of the Kirke but by the King and laws of this land to propone reason and vote in Assemblies and be the samine parity of reason to keep preceding meetings not to determinate or execute but to consult upon their necessary propositions So that these lawfull meetings for the religious end suffer wrongously the invidious designation of Councell tables which is onely done for procuring misconstruction against them because at these meetings and consultations they sat about a table which posture is no wayes prejudiciall to Authority the meanest of mechanik crafts having their own tables where about they sit when they consult upon the smallest businesse importing their trade And farder these same meetings consisting of Commissioners from each Sheriffedome and body of this Estate were allowed by his Majesties Councel first and thereafter by the Commissioner his Grace In so farre as the whole subjects of this kingdome out of their resentment of the weight of this cause having numerously conveened at Edinburgh from all the parts of the kingdome that confluence of people was desired to be dissolved and directed to make choose forth of that great number of some Commissioners from each shire who might meet to represent their just grievances and desires and attend the answers thereof The third particular challenge in the Proclamation is for the illegall and unformall course taken in the election of Commissioners to the Assembly whereof some are alledged to have beene under the censure of this Kirke some under the censure of the Kirke of Ireland some banished for teaching against Monarchie others being suspended some admitted to the Ministery contrare to the laws of this kingdome others at the Horne some confined and all by oath bound to the overthrow of Episcopacie Whereunto although no answer be requisite seeing the persons thereby meaned are not specially condescended upon yet for clearing all mens mindes and showing the warrantablenesse of our proceedings it is of truth that the Assembly after particular triall which they took upon some such surmises could not finde any censured by the Kirke of Scotland or Ireland by a lawfull manner in a lawfull judicatory or for a lawfull cause but on the contrary the Assembly after carefull searching and examination found that any censure inflicted upon any of these persons in Scotland was only by a Bishop who ought to be punished for taking arrogantly on him the name of the Kirke of Scotland and that without the advice of any Presbytery but sitting in his high commission which was condemned by the laws of this Kirke and
that oaths have been exacted different from that which is set downe in the acts of Parliament and in many severall wayes according to the pleasure of the Prelats And where his Majestie declares that no other oath shall be required of a Minister at his entry nor that which is set down in the act of Parliament the same is of fearefull consequence because the act beares an oath to be given unto the Bishop by Ministers intrants and so supposeth the office of a Bishop to be unchangeable and uncontroverted whereby the Assembly is prelimited against the reasons before mentioned which may finde that office uselesse and unlawfull in this Kirk and which now they have found upon most infallible reasons Fifthly that his Maiesty assureth generall Assemblies shall be kept as oft as the affaires of this Kirk shall require doth not satisfie because first by leaving the time undefinite it preiudgeth the liberty of the Kirke of holding yeerly generall Assemblies at least and oftner pro re nata ratified by the act of Parliament 1592. the disuse whereof hath beene a maine cause of our evils which should bee prevented in time comming by renewing that ancient necessarie custome and liberty Secondly by the same act of Parliament it is provided that the King or his Commissioner being present shall appoint the time and place of the next Assembly And in case his Maiesty or his Commissioner be not present for the time in the towne where the Assembly is holden it shall be leasome to the said generall Assemblie by themselves to appoint the time and place of the next Assembly as they have bin in use in times past But this declaration not only leaves all indefinite but totally everts that power and liberty competent to them by law and custome Thirdly As it doth not determine how oft the ordinary effairs of this Kirke require an Assembly which the custome of this Kirke and act foresaid evidently manifest to bee yeerely once at least so neither doth it determine who shall judge when the necessity of extraordinary effairs require an Assembly pro re nata whereas undoubtedly the Kirke will be most sensible of her owne necessities and is the most proper Judge of her owne effaires And therefore should have freedome to appoint her owne times when she finds her selfe pressed with present exigencies as his Maiesty hath also power when hee perceives any necessity requiring the same Sixthly whereas his Maiesty is content that all the present Bishops and their successours be answerable to and censurable by the generall Assembly it doth not satisfie because First it beares a prelimitaon of the Assembly in the matter of trying that Office and presupposes the continuance thereof by succession as unquestionable Secondly They have beene formerly made censurable by the generall Assembly in the straightest way that the Kirke could enjoyn or they could assure And yet these thirty yeeres they have shunned all censure though all their actions deserved it by procuring generall Assemblies to be prorogate and then suddenly indicted when they had cunningly prepared both persons and purposes to their minde Likeas now they have by their Declinator refused to answer and be censured by this present Assembly indicted by his Majestie conveened in the name of Christ and perfitly constitute in the members thereof And therefore it lyeth upon this present Assembly to take some solide course for securing the Kirk in all time comming against the prejudices of their former and frequent breaches contrary to their oathes given Seventhly whereas his Majestie requireth this present Assembly to subscribe this Confession of Faith formerly signed by his Royall Father 1580. and lately commanded by his Majestie to be subscribed by all his Majesties subjects The reasons contained in the Protestation September last 22. whereto we adhere and repeats the same do sufficiently evidence that we cannot subscribe the same to which we adde First that his Maiesties Commissioner hath declared to the Lords of Session when their subscriptions was required that it might subsist with the innovations introduced since the yeere of God 1580. which some of the said Lords then did and all of us doe now conceive to repugne to the genuine and true sense of the Confession of Faith as it was first made Secondly That his Grace hath protested divers times in this Assembly that nothing done or to be done therein prejudge the Archbishops and Bishops in their priviledges places power and jurisdiction whereby the declareth that these may subsist with the Confession of Faith notwithstanding they be novations introduced upon this Kirke contrary to the same since the yeer foresaid as is now found by the Assembly Thirdly That to the Assembly presently conveened and perfectly constitute in the members thereof it pertaineth properly according to the word of God constitutions of this Kirke and booke of Policie ratified in divers Assemblies to determine what is the true meaning of the Confession of Faith and to make the same knowne to all the members of this Kirke who thereafter without scruple or danger may subscribe the same And although the Assembly could not finde this Declaration satisfactory for these and the like weighty reasons yet were they willing the same should be insert in their books for obedience to his Maiesties desire and thankfully acknowledging his Maiesties pious affection to true Religion and Royall resolution to defend the same and his subiects in the profession thereof exprest in the closure of his Royall Declaration they were confident that when his Maiestie shall bee fully informed that the novations introduced since the yeere 1580. are incomparable with the Confession of our Faith he will be pleased graciously to vouchsafe his comfortable protection upon those who adhering to the true meaning of that Confession now fully cleared by the Assembly have abjured all the innovations introduced and by their great oath and subscription have bound themselves to maintaine the true Religion and his Majesties person and authority in defence of the same And thus true Religion being the channell which convoyeth both duties to their proper object the evidence of Gods image in our dread Soveraigne his Depute shall bee terrible to all the enemies of his Majestie and of his loyall subjects who stand for the Confession of Faith and the true meaning thereof and shall raise up the affections of his Religious subjects towards his Majestie above all earthly respects And where it is subjoyned in the Proclamation that nothing was able to give contentment except we were permitted to overthrow Episcopal government and to abrogate publicke Lawes standing and take away one of the three Estates wee are sufficiently cleared thereof by the Acts of the Assembly abrogating and abolishing Episcopall government in this Kirke for infallible reasons contained in the said Act and also by our answer published to the Declaration emitted in the Commissioners name which for brevity we forbeare to insert herein whereby wee have
Magistrate is described to assist and maintaine the Discipline of the Kirk and punish those civilly who will not obey the censures thereof without confounding alwayes the one jurisdiction with the other and this order of Ecclesiasticall Discipline condescended upon in generall Assemblies as warranted by divine authoritie to be execute notwithstanding any humane inhibition is set downe before the Psalmes in meeter and therefore we can never expect that his Majestie who out of his pious inclination to justice by a late Proclamation 22. September last hath declared and ordained that all His subjects both Ecclesiasticall and Civill shall be lyable to the tryall and censure of generall Assemblie or any other Judicatorie competent will now stay the execution of the lawfull and grave sentences of this nationall Kirk so comfortable to us and so necessarie for maintaining the puritie of Religion which his Majestie in the end of the Articles before mentioned hath promised to defend and His subjects in the profession thereof which is incompatible with the defence of excommunicate and obstinate persons But therefore wee are assured that his gracious Majestie will be pleased to allow that reverence and all readie obedience may bee deferred to the whole Acts Constitutions and censures of the said generall Assemblie by all His subiects who undoubtedly and necessarily are obliged to obedience of all the lawfull commands and injunctions of the mother Kirk if they would bee accounted members or sonnes thereof By all which cloud of weightie reasons the warrantablenesse of our just proceedings doth evidently appeare notwithstanding of all the arguments of challenge adduced against us in the said Proclamation And therefore for these and many other reasons Wee the members of this Assemblie in our owne names and in the name of the Kirk of Scotland whom we represent And we Noble-men Barons Gentle-men Ministers Burgesses and Commons before mentioned do solemnely declare in the presence of the everliving God and before all men and protest That our thoughts are not guiltie of any thing which is not incumbent to us as good Christians towards God and loyall Subiects towards our sacred Soveraigne And we attest God the Searcher of all hearts that our intentions and whole proceedings in this present Assemblie have beene and shall continue according to the word of God the Lawes and constitutions of this Kirk the Confession of Faith our nationall Oath and that measure of light which God the Father of light hath granted unto us and that in the sinceritie of our hearts without any preoccupation or passion That it was and is most lawfull and necessarie for us to fit still and continue in keeping this present Assemblie indicted by his Majestie untill after conclusion of all matters it bee dissolved by common consent of all the members thereof and that for trying judging and censuring all the by-gone evils and the introductors and providing a solide course of the continuance of Gods truth in this land with puritie and libertie according to his word our Oath and Confession of Faith and the lawfull constitutions of this Kirk That this Assemblie is and should bee esteemed and obeyed as a most lawfull full and free generall Assemblie of this Kingdome And that all Acts sentences constitutions censures and proceedings of this Assemblie whereof the generall and principall Acts are to bee published are in the selfe and should bee reputed obeyed and observed by all the subjects of this Kingdome and members of this Kirke as the Acts sentences constitutions censures and proceedings of a full and free generall Assemblie of this Kirke of Scotland And to have all readie execution under the Ecclesiasticall paines contained or to bee contained therein and conforme thereto in all points and such like that whosoever presumeth to utter any undutifull speech against the same may be duly censured and condignly punished We protest that all and everie member of this reformed Kirk efoldly and faithfully joyne and concurre in their severall callings and stations to advance further and assist the execution and obedience of the whole Acts of this Assemblie by all meanes which their abilitie can afford as they affect the advancement of Gods glorie and the work of reformation in this land We protest against all the challenges and aspersions laid upon us in the said Proclamation and that our whole answers are not onely true in everie point but likewise sufficiently forcible to deliver us from all unjust imputations and to justifie the lawfulnesse and necessitie of our whole proceedings and carriage which hath beene so unreasonably blamed Likeas by these presents we summond and cyte all those of his Majesties Councell or any other who have procured consented subscribed or ratified this present Proclamation to bee responsable to his Majestie 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. Parl. 2. King James 4. And protest for remead of Law against them and everie one of them We protest that it is and may be lawfull unto us to defend and maintaine the Religion Lawes and Liberties of this Kingdome the Kings authoritie in defence thereof and everie one of us another in that cause according to our power vocation and Covenant with our best counsell bodies lives meanes and whole strength against all persons whomsoever and against all externall and internall invasions and that in the obedience and observance of the Acts of this Assemblie and nationall mother Kirk That whatsoever inconvenients shall fall out by impeding molesting or staying the observance and obedience due to the Acts Ordinances and Conclusions of this Assemblie or execution to follow thereupon that the same be not imputed unto us or any of us in our lawfull defence and maintenance thereof who most ardently desired the concurrence of his Majesties Commissioner to this lawfull Assemblie and do yet still with humble vehemencie beg his Majesties gracious approbation thereunto but on the contrarie that the Prelats and their adherents who have protested and declined this present Assemblie in conscience of their owne guiltinesse not daring abide to any legall tryall and by their misinformation did move the Commissioner his Grace to depart and discharge this Assemblie be esteemed repute and holden as they truly are the disturbers of the peace and overthrowers of the liberties of the Kirke and guiltie of all the evils which shall follow hereupon and condignly censured according to the greatnesse of their faults and Acts of the Kirke and Realme Wee protest that none hereafter subscribe the Covenant formerly subscribed by the Commissioner his Grace in Councell as they will eschew the danger of a contradictorie Oath but that all everie one subscribe the Covenant renewed in Februarie last And that with this sense meaning and condition that they subscribe the same conforme to the determination and declaration of this Assemblie at Glasgow allanerly We protest that as we adhere till
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
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
subiects complaint respected or the offenders punished with consent of Authority and so by casting the Kirke and Estate loose and desolate would abandon both to ruine Seventhly it was most necessary to continue this Assembly for preveening the preiudices which might 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 us with that necessary explanation which the corruptions introduced since that time contrary to the same inforced which is also acknowledged in 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 shew of two different Covenants and Confessions of Faith in one Nation the Assembly could not dissolve before it had tryed found and determined that both these Covenants are but one and the selfe 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. And further in the said Proclamation the straine of our Protestation is taxed because we have thereby presumed to cite those of his Majesties Councell who have procured subscribed or ratified this Proclamation to bee responsall to his Majestie and three Estates of Parliament whereas the same cannot be justly quarrelled because it it is grounded upon the Law of the Kingdome and warranted by the act of Parliament therein cited 12. act Par. 2. James 4. which act is grounded upon good reason for it were strange to thinke that Councellours giving bad counsell to the evident prejudice and ruine of the Countrey and publick detriment of the good Subjects should not be countable therefore to his Majestie and his Estates and it is not without instance in our Lawes that perverse counsell hath beene given in misguiding the Kings and common good of this Realme Act 6. Par. 1. James 4. which is also acknowledged by the reduction of grants made by Kings to these perverse Councellours act 3. Par. 4. and act 5. Par. 1. James 4. The perversenesse of which misguiding counsell hath been assuredly the cause why in the next Parliament in the yeere immediately subsequent the Kings Councell was chosen in Parliament and sworne in presence of the King and three Estates and ordained to be responsall and accusable to the King and three Estates for their counsell Which cleareth that both evill counsell may bee given and that the Councell may be accused before the King and Parliament for malversation in their charge Like as his Maiestie in the Proclamation makes all persons lyable to the Parliament and generall Assembly and so giveth way to this previous cytation which may serve for a forewarning and intimation that they may bee accused if they bee guilty as wee know all are not and wish that none were All which heavie objections and imputations are premitted in the Proclamation to the conclusion and command thereof which resolveth into two heads the first discharging obedience to the acts of Assembly and liberating all who shall disobey from censure and promising Protection to the disobeyers and inhibiting all Presbyteries Sessions of Kirks Ministers within this Realme in their Sermons Sessions and meetings or any otherwaies to authorize approve or allow the Assembly at Glasgow or doe any deed which may countenance the same under paine to be punished with all rigour And commanding all who shall heare them to delate the same under paine of the like punishments likewaies straitly charging and commanding all Judges within this Realme Clerks and Writers not to grant or passe a bill summond or letters or any other execution whatsoever upon any act or deed proceeding from the said Assembly and all keepers of the Signet from Signeting thereof under all highest paine And the second head commanding all Subiects to subscribe and sweare the Confession commanded by his Majestie conforme to the sense and meaning of the declaration published by the Commissioner whereunto we need not here make any answer but remits the same to a speciall answer published in print made to that Declaration But for the first the same is so farre repugnant to the word of God practice of the primitive Kirke the Lawes Civill and Canonicall the custome of all Nations the constitutions of our generall Assemblies acts of Parliament practice of other judicatories within this Kingdome to the Confession of Faith and discipline of this Kirke as we cannot believe any such commandments to proceed from our gracious King but from the malice and mis-information of our adversaries the conscience of whose guiltinesse affrighteth them to undergoe their deserved censure which is cleare first That the same is contrary to the Law of God from that place of Scripture Mat. 18. wherein the Kirke is commanded absolutely to inflict censures 1. Cor. 5. wherein the Kirke did execute that commandment And the Kirks of Pergamus and Thyatira are reproved for not executing Ecclesiasticall censures against those who held the doctrine of Balaam or of Jezebel 2. Rev. So that the power of the keys in Ecclesiasticall censures is so intrinsecally and so essentially competent to the Kirk and generall Assembly jure divino as obedience to her decreets and executions thereof cannot be suspended far lesse taken away and discharged by humane authority more nor the power of preaching and administration of the Sacraments Secondly it is contrary to the practice of the Apostolike and Primitive Kirks whose constant practice was to execute the spirituall functions and censures and notwithstanding humane prohibitions to obey God rather then man Thirdly It is contrary to the civill Law si contra jus vel utilitatem publicam vel per mendacium fuerit aliquid postulatum vel impetratum ab Imperatore Et titulo de diversis rescriptis pragmaticis sanctionibus Fourthly the same is contrary to the Cannon Law decret decretal extravagan titulo de rescriptis Fifthly it is contrary to the universall custome in all Nations ordaining their Judicatories to doe justice notwithstanding their Princes prohibition as is cleare by Convarnvia in Spaine Pappon in France Suedwyne in Germanie c. upon the title de rescriptis aut constitutionibus principum Sixthly to the constitutions of generall Assemblies because in sundry generall Assemblies upon complaints made that the Kings Majestie and his Councell by their letters offered some stop to the Kirk from going on in her Ecclesiasticall censures especially by act of the generall Assembly conveened in the new Colledge of Sanctandrows 20. April 1582. it is ordained that none being received to any Ecclesiastical function office or benefice seek any way by the civill power to exeeme and withdraw themselves from the jurisdiction of the Kirk or procure obtain or use any letters or charges either by themselves or any other in their name or at their