this Assembly have forefaulted his Majesties favour in granting this Assembly and the libertie to be members thereof and were in the same estate and condition they were in before his Majesties proclamation and royall pardon because they are supposed to be of the number of these that adhered to the last protestation that it be lawfull for them as at other times so at this to hold Assembly notwithstanding any impediment or prorogation in the contrare they continue their meetings and tables discharged by authoritie refuse to subscribe the Band according to his Majesties and Councels command for maintaining the Kings Person and authoritie and protested against it and insisted with the Liedges to subscribe the Band of mutuall defence against all persons whatsoever that in their protestation they declared Bishops and Arch-bishops to have no warrand for their office to have no place or voice in Assembly notwithstanding his Majestie had declared by proclamation that they had voice in the Assembly to that effect as they have constantly beene in use in all Assemblies where they were present and therefore that it is a fearfull thing to conveen with these at this Assembly in respect of sundrie acts of Parliment ordaining that none impugne the authority and diganitie of any of the three Estates or procure innovation or diminution of their power and authoritie under the paine of treason and they arrogat to their meetings a Soveraigne authoritie to determine all questions and doubts that can arise contrare to the freedome of the Assembly whither in the constitution and members thereof or in the maters to be treated or manner of proceeding We answer first in generall They forfaulted not his Majesties favour in granting an Assembly for his Majestie did not recall the indiction of the time and place for holding the Assembly notwithstanding of all that is here alledged and therefore they might still conveen to the place at the time appointed As for the particular points alledged we answer Pardon was offered upon condition of acquiescing in the Kings declaration and offers But pardon importeth offence which is denyed Therefore the condition of acquiescing could not bee admitted and the offers in the declaration were not satisfactorie to their former protestations complaints supplications The Assembly was granted absolutely without any condition least his Majestie should leave in his subjects minds the least scruple and for setling a certain peace They protested that it should be lawfull for them being authorized with lawfull commission as at other times when the urgent necessitie of the Kirk requireth so in this exigence to assemble themselves at the dyet appointed for the Assembly notwithstanding of any impediment or prorogation in the contrary Of the lawfulnesse to conveen in Assembly when there is urgent necessitie we have set down some reasons already and moe are extant in print concerning that purpose They had need to fear the danger of prorogation both because the present case could not suffer delay and doolefull experience have taught us that prorogations from dyet to dyet ended at last in no dyet whereby the Kirk was bereft of her libertie to hold yearly Assemblies which they would now recover by this indiction taking it for a re-entrie Their meetings or tables as the adversaries call them continued because the cause continued preferring supplications giving in complaints attendance upon gracious and satisfactory answers and performance of the same making Protestations when there was need and yet in peaceable manner not in great companies as at the beginning for giving satisfaction to the Lords of Councel They have offered to cleare the necessity of their meeting and their carriage before the Parliament to whom they have appealed They have refused to subscribe the confession of faith again at the King and Councels command after their late subscription for the reasons already mentioned and the band for mantainance of the Kings person and authority because it is not the same in tennor with the old generall band subscribed anno 1590. The narrative is changed some lines designing the Papists and their adherents to be the partie threatning danger to Religion and the Kings person are omitted and no other partie designed in particular So that the band may be used against the Covenanters themselves who have been taxed for disorders disturbers of the peace of this Kirk and Kingdome to the danger of Religion and prejudice of his Majesties authoritie as they have complained in their Protestation They continued in seeking subscriptions to the Covenant till the holding of the Assembly because of references to the Assembly His Majesties Commissioner acquiesced in their explanation of the clause of mutuall defence where they declared their mutuall defence of each of other was not for their own privat quarrels but only in defence of the true Religion of the laws and liberties of this Kingdome and of his Majesties person and authority in preservation of the same What further can bee justly craved of them Such as were pretended Bishops had no warrand for voice in the generall Assembly unlesse they be authorized with lawfull commission The Superintendents and Bishops presence of old was required more for their triall then any need of their voice But the Assemblies were wearied with complaints made upon them and after many conferences and much disputation found their office unlawfull which was never since approved by any pretended let be lawfull Assembly So the custome of old doth not serve such as only pretend or usurpe the same office Nor are they capable as Ministers of any commission from any Presbyterie because they have deserted their flocks and have no particular charge For loppen Ministers and usurping Prelats should have no place in the generall Assembly The act of Parliament discharging the impugning of any of the three Estates or procuring the innovation or diminution of their power was made in a troublesome time in the year 1584. was protested against when it was proclaimed with other acts That third Estate of Prelats suffered innovation and diminution of their Estat within three years after by the act of annexation anno 1587. and in consideration of the great decay of the Ecclesiasticall Estate these are the words of the 113. act following the Commissioners of small Barrons and free-holders were declared to be members of the Parliament to sit upon the articles and vote in publick to supplie that decay So there may be three Estates without the Ecclesiasticall or Bishops And the acts of Parliament following were made by the Estates howbeit there were then no Bishops Yea acts were made against Bishops as anno 1592. Howbeit Ministers were not Prelats yet others who had the Prelacies voted as the third Estate For it is in respect of their Barronies that such as have Prelacies vote in Parliament whither they be Ministers or not By the act of Parliament 1597. Ministers provided to Bishopricks Abbacies Priories were declared to have vote in Parliament but without the knowledge of the Kirk
such offices They pretend that none of them will decline the lawfull tryall of any competent judicatory in the kingdome especially of a generall Assembly lawfully constitute or his Majesties Commissioner or Laicks having authority and commission from soveraigne authority They will be sure to have such a judge as shall acquite them or none at all An Assembly like to their own pretended Assemblies Seeing the whole pack of them are complained upon and for crimes common to them all where shall we finde other Bishops and Metropolitans to sit in judgement upon them What needeth any further answere but that it is manifest by sundry passages of this their Declinator that they will not and because guilty dare not stand to the judgement of a generall Assembly constitut as the last was according to the established order and practise of our Kirks and therefore are justly cut off as rotten members from the body After the reasons of their Declinator and refusall of the judgement of the Assembly they come to their protests First for the reasons foresaid and for discharge of their duty to God to his Kirk and to our sacred Soveraigne least by their silence they betray the Kirks right and their own consciences that they in their own names and in behalf of the kirk of Scotland are forced to protest that this Assembly be repute and holden null in law and that no Kirk-man be holden to apeare assist aprove it And therefore that no letter petition subscription interloquitor certification admonition or other act whatsoever proceeding from the said Assembly or any member thereof shall be any way prejudiciall to the Religion and confession of Faith by act of Parliament established nor to the Kirk or any member thereof nor to the jurisdiction liberties priviledges rents benefices possessions of the same acts of generall Assembly Councell or Parliament in favours thereof nor to the three Estates of the kingdome or to any of them nor to themselves or any of them in their persons or Estats authority jurisdiction dignity rents benefices reputation and good name But that all such acts and deeds are and shall be repute unjust illegall and null in themselves with all that hath followed or may follow thereupon If their reasons alledged be found frivolous as they were by the Assembly and are cleared so to be by this answer their protest is not worth a fig. They protest in name of the Kirk of Scotland when as they will not acknowledge her Commissioners freely chosen nor her Assembly constitute according to the established order nor any other Assembly constitute according to the said order but will have this Assembly and consequently this Kirk to be their party and yet will protest profest as they are in name and behalf of this Kirk Affrayed are they that some thing should be done prejudiciall to Religion and the confession of Faith established by Parliament meaning that which is extant in the acts of Parliament but passe by the confession sworn to and subscribed by Subjects of all ranks throughout the whole Realme and by themselves We acknowledge not acts of null and pretended Assemblies We interpret not every act of Councell or Parliament procured or assented to by them or made in their favours to be made in favours of the Kirk The Kirk her self must be judge of the fauours bestowed on her If their authority jurisdiction dignity rents benefices reputation good name c. Be prejudiciall to the authority jurisdiction liberties and the spirituall welfaire of the Kirk good reason the estate of the Kirk be preferred to the estate of some few factious men There may be three estates without the bastard estate of Bishops Abbots Pryors erected in time of Popish darknesse They protest next if the Assembly call in question discusse and condemne things not only in themselves lawfull and warrandable but also defined and determined by acts of generall Assemblies and Parliaments and in practise accordingly to the disgrace and prejudice of the reformed Religion authority of the laws and liberties of the Kirk and kingdome weakning his Majesties authority disgraceing the profession and practise he holdeth in the communion of the Kirk where he liveth and branding of reformed Kirks with the foule aspersion of Idolatry and superstition that what shall be done in this kinde may not redound to the disgrace or disadvantage of the reformed Religion nor be repute a deed of the Kirk of Scotland The Assembly hath condemned nothing lawfull and warrandably defined and determined before in Assembly or Parliament and practised accordingly they intended not to weaken his Majesties authority disgrace his practise and profession or brand any reformed Kirks with soule aspersions but only to reforme the abuses and corruptions entred in their own Kirk and to oppose to what more was likely to have entred with the receiving the Service book and book of Canons without relation to any other Kirk If any disgrace redound to others it is but per accidens and it may be retorted that their Canons and constitutions are intended for the disgrace of our Kirk which we do not affirme Next they must distinguish betwixt a free Kirkand a Kirk lying in thraldome But the decliners would have us to refuse nothing which is received in any other reformed Kirk if the same be imposed lest they be disgraced by our refusall which were to make up a fine hotch-potch They protest that they embrace and hold the Religion presently professed according to the confession of Faith ratified in Parliament anno 1567. as the true Religion and detest all contrary errours But they make no account nor mention of that confession where contrary errous are specified or designed and it appeareth for no other cause but that they perceive the episcopall government and other innovations which they were to introduce to be abjured by that confession which is a tacite yeelding to the true meaning and sense delivered by the last Assembly in their Declaration They protest that the Episcopall government is lawfull and necessary and that the same is not opposed for any defect or fault in the government or governours but by the malice and craft of the devill envying the successe of that government these many yeares bypast It hath been condemned by our Kirk as unlawfull and hurtfull yet they dare contradict and protest it to be lawfull and necessary That government which is not warranded by the word and overthroweth the joynt government of Pastors and Elders which is warranded by the word can not but be faultie If the government be faulty the governours can not but be faulty in governing The devill could not envy the successe of so faulty a government as hath brought in the Antichrist to sit in the temple of God Suppose there were no fault in the government but that it were lawfull and necessary but what meanes have they come by it Or what moderation have they keeped after their usurping of it Intrarunt ut vulpes regnarunt ut
Leanes But how prove they the successe of their government to have been such as the devill could not but envy it By the planting of Kirks with able and learned Mininisters recovering of the Kirk rents helping of Ministers stipends preventing jarres betwixt the King and the Kirk which in former time did dangerously infest the same keeping the people in peace and obedience and suppresing of Poprie which was never at so low an ebbe as before the sturres They have planted many Kirks with unsufficient or scandalous Ministers or corrupters of Religion and perverters of the people They have recovered great rents to themselves and would recover the rents of the rest of the Prelacies to build up the crownests again They have procured by the moyen they had augmentation of stipends to tie Ministers to dependance upon them or to tie them to their fat stipends that no alteration in Religion should loose their grip and yet no Kirks worse provided then such as belong to their own benefices they have hindered the augmentation of stipends to such Ministers as would not dance to their pyping They have raised jarres betwixt the King and the Kirk and in the Kirk it self that they might obtaine the more easily their intent But how they keeped peace betwixt the King and the people may be seen by their instructions sent up to court anno 1609. the many threatning letters sent down from court and proclamations from time to time and most of all by their dealing at this present If there were no other to keep the people in peace and obedience there would be little peace or obedience in the countrey Their favour borne to Papists processed or to be processed their familiarity with them more then common and employment of them may let us see that if Poprie be suppressed it is not suppressed by them but by other meanes as the powerfull preaching of the word or the clearing of controversies wherewith our Kirk was troubled or by the authority of men in place and credite in the country But we doubt that Popry is at so low an ebbe nor will it be seen till the light of this present reformation discover them Sure we are to bring in Popry peice and peice was not the meane to suppresse Poprie They protest that seeing these who for scrouple of conscience did mislike the service book Canons or high Commission which were apprehended or given forth to be the cause of the trouble of this Kirk have now received satisfaction and his Majestie is graciously pleased to forget and forgive all offences by past in these sturres that all the Subjects may live in peace and love laying aside envie hatred and bitternesse and if any refuse so to doe that they bear the blame and be thought the cause of the troubles may ensue and that the same be not imputed to them or any of them who desire nothing more nor to live in peace and concord with all men under his Majesties obedience who have committed nothing against the laws of the Kingdome and Kirk which may give anie just cause of offence and who are so farre from wishing anie harme to anie man in his person or estate notwithstanding all the injuries and indignities they have suffered that for quenching this present combustion they could be content after clearing their innocencie not only to lay down their bishoprick at this Majesties feet but also if it so pleased God to lay down their lives and become a sacrifice for this attonement We answer Others for scrouple of conscience mislike the service book canons or high Commission But they are not in the number of these who make any scrouple How can we who mislike like them to be Ministers far lesse governours in our Kirk who do not mislike them what satisfaction can we receive by the discharge of these books seeing other books more corrupt may be imposed afterwards seeing the matter is not condemned but avouched to be a mean to beat out idolatrie and superstition seeing they themselves were not taken order with for their corrupt disposition and intend to obtrud them and to raise persecution for them They may doe in and by the Councel as much as may trouble Ministers and professours howbeit they sit not in the Court of high Commission The books were but the instrumentall cause of the troubles and sturres but they were the principall cause authours and procurers of the troubles The five articles which have wrought much disquietnesse these twentie years by-past were not quit but the practise left free whereby division could not but bee intertained Can Religion be setled in peace or religion be preserved in puritie their government continuing they would be loath to lay down their Bishopricks at his Majesties feet if they were not confident to take them up again Yet they will not doe it till their innocencie be cleared that is they will never doe it for their innocencie will never be cleared If you will beleeve them they could be content like Ionas to be cast in the sea to procure a calme They have lived like Salamanders in the fire of combustion and now on a sudden would quench the fire with their bloud Will they lay down but their Bishopricks at the feet of the Kirke as they ought to doe and that will quench the combustion But they will lay them down only where they are sure to receive them againe They protest deeply that they use not this declinatour and protestation out of fear of any guiltinesse whereof any of them is conscious to himself but of conscience of their duetie to God and his Church being most willing everie one of them to undergo the most lawfull and exact triall of any competent judicatorie in the Kingdome or of his Majesties Commissioner foresaid But the generall Assembly cannot be denyed to be the most competent judicatorie in the Kingdome They beseech my Lord Commissioner to interceed with his Majestie for appointing a free lawfull generall Assembly such as Gods word the practise of the primitive Kirk and laws of the Kingdome doth prescribe with all convenient speed that they or any other of the Clergie may be heard to answer all accusations abide tryall for clearing of their innocencie or receiving condigne punishment But it is made evident alreadie that they meane by the primitive Kirk not the primitive that is Apostolicall as appeareth by the Canons of some ancient councels which are no rule to us Nor can we have any other Bishops to judge upon them seeing we have none but such as are complained upon and summoned The laws of the Kingdome have not prescribed the order and constitution of our generall Assemblies nor is it pertinent to them All the while they request not an Assembly to be appointed as the Kirk within this Kingdome hath prescribed and observed from time to time are these men to be suffered in this Kirk that will not submit themselves to the tryall of the supreme judicatorie
our Kirk They relaxe excommunicate Papists when they please They have interdyted morning and evening prayers when they thought they were injured by the people They have falsified the acts of their own pretended Synods They have vitiated interlyned or deleted acts and sentences of Presbyteries Synods and Assemblies Incest and Adultery hath fallen forth by their licence for privat marriages They have refused to admit Ministers unlesse they first take on the order of deacons They exacted unlawfull oathes of intrants and thereupon debarred the most qualified and obtruded the most scandalous upon congregations They have taught Popery and Arminianisme and advanced such to the Ministerie as were infected with the same Hereticall and erroneous doctrine They brought in novations in the worship of God by a pretended Assembly and now at last intends to alter the whole frame of Religion of doctrine with errour or worship with superstition or discipline with tyrannie by the service book book of canons book of ordination without so much as the colour of any pretended Assembly Beside they have detained or interverted sowms of money dedicat to pious uses as colledges relief of captives Beside all these offences notorious of themselves or proven before the Assemblie the lousenesse and prophanity of their lives was made known how they have been given to excessive drinking filthy dancing prophane speaches open prophanation of the Sabbath by their journeys abroad or drinking carding or diceing at home usuall playing at cards and dice excessive gaining contempt of all publick ordinances and family exercises briberie simonie unhonest dealing abusing of their vassals sclandering of the Kirk and stirring up authority against the subjects with their lies and calumnies They are slandered also for other grosser crimes but time served not for sufficient triall Because they were not able to abide the triall they have declined and protested against the last Assembly For which offence only they deserve excommunication according to the act of the generall Assembly holden in April 1582. Because they complaine in their declinator that obedient and worthy Ministers have been removed from their places by the usurped authority of the table and Presbyteries notwithstanding they had declined and appealed from their judgement you shall see good Reader what worth was in these Ministers and what just reason there was for removing of them It hath been sufficientlie proven and made good against some of these deposed Ministers to wit Mr. David Mitchell Minister in Edinburgh Mr Alexander Gladstones Minister in St. Andrews commonlie called the Archdean of St. Andrews Mr. William Wishart Minister at Leeth Mr. Iohn Crightoun Minister at Pasley Mr. Thomas Foster Minister at Melrose Mr. Roberts Hammiltouns Ministers at Lesmahago Glasfurd and others of their sort that they have taught points of Poperie and Arminianisme conditionall election the power of free-will resistibility to effectuall grace the extent of Christs death and merite to the damned in hell as well as to the blessed in heaven Christ comming into the world clauso virginis utero auricular confession papall absolution That the Pope is not the Antichrist That the Kirk of Rome is the true Kirk That reconciliation with the Kirk of Rome is easie That the Kirk of Rome erres not in fundamentalibus nor differeth from reformed Kirks in the same That there is no more difference betwixt us and them then betwixt the green and blew colours of Iustinians armie or that it was a mouthfull of moon-shine that the formall cause of our justification standeth in our inherent righteousnesse That Christs body is present in the sacrament circumscriptivè and change the sacrament of the supper into a sacrifice the table into an altar and Ministers into Priests That GOD was the cause of Isacks lie for not punishing his father Abraham That there was possibility to fulfill the law That predestination was a doctrine newly hatched in hell justly to be deleted out of Gods word That the excrements of the Romish religion and Iesuits learning was better then the quintessence of our Religion although it were squeesed in a limbeck That absolute active obedience is to be given to all the commandments just or unjust of Princes That they have railed against our reformers and reformation and affirmed that the cheif reformers of our Religion were but deformers and had thrown out better things then they had brought in diminished the necessity and utility of preaching commended the service book and book of canons and affirmed that by the faith of the Kirk of Scotland divers parts of Gods true worship were abjured That they have cursed their own congregation and threatned to concurre to their destruction They have called their people Iackanapes Babbouns perjured Bitches madde Dogges and that it were more lawfull to pray for such as had lyen 500. years in hell then for them That they neglected the exercise of discipline hindered the delating or punishment of offenders baptized children of notorious Papists defrauded the poore of their right and mantenance allowed unto them received bribes for saving scandalous persons from publick censure baptized children in their beds without prayer before or after interverted and applyed to their own use moneys collected for relief of some Ministers in the Palatinat or some captives under the Turk That they deserted their flocks prophaned the Sabbath-day by all sorts of loose carriage That they were given to drinking prophane speaches and pastimes swearing fighting brawling with their Parishoners that some of them went so drunke to the Pulpet that they forgote their Text That some of them swore they would rather renounce God than bee Puritans They judged the authour of the practise of piety to be damned in hell because by his book he had made many Puritane Ladies That when they were delated for such offences they contemned the authority of the Presbyteries relying upon the favour of the Prelats and have declined this last Assembly Because in their Declinatour they alledge that too many of the Commissioners members of the last Assembly are guiltie of many personall faults and enormities which in charity they forebeare to expresse in this their Declinatour you have here subjoyned good Reader a Catalogue of the Commissioners members of the last Assembly whereby you may perceive how frequent the Assembly was and of what sort of persons it did consist We have not read nor remembred a more solemne Assembly of our Kirk since the entry of Christian Religion let be since the reformation nor moe more able to cleare themselves of any faults or enormities can be laide to their charge Commissioner for the Kings MAIESTIE Iames Marques of Hamiltoun Commissioners from the Presbyteries of Scotland both of the Ministrie and of the ruling Elders and of Burgesses as they are within the Presbyteries Presbyterie of Dunce MAister Alexander Carse minister at Polwart M. Iohn Hume Min. at Eccles. M. Thomas Suintoun min. at Saint Borthanes Sir David Hume of Werderburne Knight Elder Presb. of Chirnside M. George Roul minister