Act. 99. Parl. 7. Act. 23. Parl. 11. Act. 114. Parl. 12. Act. 160. Parl. 13. K. James 6. ratified by Act. 4. K. Charles So that Act. 6. Parl. 1. and Act. 68. Parl. 6. of K. James 6. in the yeare of God 1579. declares the Ministers of the blessed Evangel whom God of his mercie had raised up or hereafter should raise agreeing with them that then lived in Doctrine and administration of the Sacraments and the people that professed Christ as he was then offered in the Evangel and doth communicate with the holy Sacraments as in the reformed kirkes of this Realme they were presently administrate according to the Confession of Faith to be the true and holy kirk of Christ Jesus within this Realme and decernes and declares all and sundrie who either gainsayes the VVord of the Evangel received and approved as the heads of the Confession of Faith professed in Parlament in the yeare of God 1560. specified also in the first Parlament of K. James 6. and ratified in this present Parlament more particularly do specifie or that refuses the administration of the holy Sacraments as they were then ministrated to be no members of the said kirk within this Realme and true Religion presently professed so long as they keepe themselves so divided from the societie of Christs bodie And the subsequent Act. 69. Parl. 6. K. James 6. declares That there is no other face of kirke nor other face of Religion then was presently at that time by the favour of God established within this Realme which therefore is ever stiled Gods true Religion Christs true Religion the true and Christian Religion and a perfect Religion Which by manifold Acts of Parlament all within this Realme are bound to professe to subscribe the articles thereof the Confession of Faith to recant all doctrine and errours repugnant to any of the said Articles Act. 4. and 9. Parl. 1. Act. 45.46.47 Parl. 3. Act. 71. Parl. 6. Act. 106. Parl. 7. Act. 24. Parl. 11. Act. 123. Parl. 12. Act. 194. and 197. Parl. 14. of K. James 6. And all Magistrates Sheriffes c. on the one part are ordained to search apprehend and punish all contraviners for instance Act. 5. Parl. 1. Act. 104. Parl. 7. Act. 25. Parl. 11. K. James 6. And that notwithstanding of the Kings Majestes licences on the contrary which are discharged and declared to be of no force in so farre as they tend in any wayes to the prejudice and hinder of the execution of the Acts of Parlament against Papists and adversaries of true Religion Act. 106. Par. 7. K. James 6. on the other part in the 47. Act. Parl. 3. K. James 6. it is declared and ordained seeing the cause of Gods true Religion and his Highnesse Authority are so joyned as the hurt of the one is common to both and that none shall be reputed as loyall and faithfull subjects to our Soveraigne Lord or his Authority but be punishable as rebellers and gainstanders of the same who shall not give their Confession and make their profession of the said true Religion and that they who after defection shall give the Confession of their faith of new they shall promise to continue therein in time comming to maintaine our Soveraigne Lords Authoritie and at the uttermost of their power to fortifie assist and maintaine the true Preachers and Professours of Christs Religion against whatsoever enemies and gainstanders of the same and namely against all such of whatsoever nation estate or degree they be of that have joyned and bound themselves or have assisted or assists to set forward and execute the cruell decrees of Trent contrary to the Preachers and true Professours of the Word of God which is repeated word by word in the Articles of Pacification at Pearth the 23 of February 1572. approved by Parlament the last of Aprill 1573. ratified in Parlament 1578. And related Act. 123. Parl. 12. of K. James 6. with this addition That they are bound to resist all treasonable uproares and hostilities raised against the true Religion the Kings Majestie the true Professors Like as all lieges are bound to maintain the K. Majesties Royal Person and authority the authority of Parlaments without the which neither any laws or lawful judicatories can be established Act. 130. Act. 131. Par. 8. K. Ja 6. the subjects liberties who ought only to live and be governed by the Kings lawes the common lawes of this Realm allanerly Act. 48. Parl. 3. K. James 1. Act. 79. Parl. 6. K. James 4 repeated in Act. 131. Parl. 8. K. James 6. VVhich if they be innovated or prejudged the Commission anent the union of the two kingdomes of Scotland and England which is the sole Act of the 17. Parl. of K. James 6. declares such confusion would ensue as this Realme could be no more a free Monarchie because by the fundamentall lawes ancient priviledges offices and liberties of this kingdome not onely the Princely authoritie of his Majesties royall discent hath bin these manie ages maintained but also the peoples securitie of their lands livings rights offices liberties dignities preserved and therefore for the preservation of the said true Religion Lawes and Liberties of this kingdome it is statute by Act. 8. Parl. 1. repeated in Act. 99. Parl. 7. ratified in Act. 23. Parl. 11. and 114. Act. of K. James 6. and 4. Act. of K. Charles That all kings and Princes at their Coronation and reception of their Princely authoritie shall make their faithfull promise by their solemn oath in the presence of the eternall God that enduring the whole time of their lives they shall serve the same eternall God to the uttermost of their power according as he hath required in his most holy VVord contained in the old and new Testaments And according to the same VVord shall maintain the true Religion of Christ Jesus the preaching of his holy VVord the due and right ministration of the Sacraments now received and preached within this Realme according to the Confession of Faith immediately preceding and shall abolish and gainstand all false Religion contrarie to the same and shall rule the people committed to their charge according to the will and command of God revealed in his foresaid VVord and according to the lowable lawes and constitutions received in this Realm no waies repugnant to the said will of the eternall God and shal procure to the uttermost of their power to the kirk of God and whole Christian people true and perfit peace in all time comming and that they shall be carefull to root out of their Empire all Hereticks and enemies to the true worship of God who shall be convicted by the true kirk of God of the foresaid crimes which was also observed by his Majesty at his Coronation in Edinburgh 1633. as may be seene in the order of the Coronation In obedience to the commandement of God conform to the practice of the godly in former times and according to the laudable example
of our worthy and religious Progenitors and of many yet living amongst us which was warranted also by Act of Councell commanding a generall Band to bee made and subscribed by his Majesties subjects of all ranks for two causes One was for defending the true Religion as it was then reformed and is expressed in the Confession of Faith above written and a former large Confession established by sundrie acts of lawfull Generall Assemblies and of Parlament unto which it hath relation set downe in publicke Cathechismes and which had beene for many yeeres with a blessing from heaven preached and professed in this Kirk and Kingdome as Gods undoubted truth grounded onely upon his written Word The other cause was for maintaining the Kings Majestie his Person and Estate the true Worship of God and the Kings authoritie being so straightly joyned as that they had the same friends and common enemies and did stand and fall together And finally being convinced in our minds and confessing with our mouthes that the present and succeeding generations in this Land are bound to keep the foresaid nationall Oath and subscription inviolable We Noblemen Barons Gentlemen Burgesses Ministers and Commons under subscribing considering divers times before and especially at this time the danger of the true reformed Religion of the Kings honour and of the publicke peace of the Kingdome by the manifold innovations and evils generally contained and particularly mentioned in our late supplications complaints and protestations doe hereby professe and before God his Angels and the World solemnely declare That with our whole hearts wee agree and resolve all the daies of our life constantly to adhere unto and to defend the foresaid true Religion and forbearing the practice of all novations already introduced in the matters of the worship of God or approbation of the corruptions of the publick Government of the Kirk or civill places and power of Kirkmen till they bee tryed and allowed in free Assemblies and in Parlaments to labour by all meanes lawfull to recover the purity and libertie of the Gospel as it was established and professed before the foresaid novations And because after due examination wee plainly perceive and undoubtedly beleeve that the Innovations and evils contained in our Supplications Complaints and Protestations have no warrant of the Word of God are contrary to the Articles of the foresaid Confessions to the intention and meaning of the blessed Reformers of Religion in this Land to the above written Acts of Parlament and doe sensibly tend to the re-establishing of the Popish Religion and tyranny and to the subversion and ruine of the true Reformed Religion and of our Liberties Lawes and Estates VVe also declare that the foresaid Confessions are to bee interpreted and ought to be understood of the foresaid novations and evils no lesse then if everie one of them had beene expressed in the foresaid Confessions and that wee are obliged to detest and abhorre them amongst other particular heads of Papistrie abjured therein And therefore from the knowledge and conscience of our dutie to God to our King and Countrey without any worldly respect or inducement so farre as humane infirmitie will suffer wishing a further measure of the grace of God for this effect VVe promise and sweare by the Great Name of the Lord our GOD to continue in the Profession and Obedience of the foresaid Religion That we shall defend the same and resist all these contrarie errours and corruptions according to our vocation and to the uttermost of that power that God hath put in our hands all the dayes of our life And in like manner with the same heart we declare before God and Men That we have no intention nor desire to attempt any thing that may turne to the dishonour of God or to the diminution of the Kings Greatnesse and Authoritie But on the contrarie we promise and sweare that wee shall to the uttermost of our power with our meanes and lives stand to the defence of our dread Soveraign the Kings Majestie his Person and Authoritie in the defence and preservation of the foresaid true Religion Liberties and Lawes of the Kingdome As also to the mutuall defence and assistance everie one of us of another in the same cause of maintaining the true Religion and his Majesties Authoritie with our best counsell our bodies meanes and whole power against all sorts of persons whatsoever So that whatsoever shall be done to the least of us for that cause shall be taken as done to us all in generall and to everie one of us in particular And that we shall neither directly nor indirectly suffer our selves to be divided or withdrawn by whatsoever suggestion combination allurement or terrour from this blessed and loyall Conjunction nor shall cast in any let or impediment that may stay or hinder any such resolution as by common consent shall be found to conduce for so good ends But on the contrarie shall by all lawfull meanes labour to further and promove the same and if any such dangerous and divisive motion be made to us by VVord or VVrit wee and everie one of us shall either suppresse it or if need be shall incontinent make the same known that it may bee timously obviated neither do we feare the foule aspersions of rebellion combination or what else our adversaries from their craft and malice would put upon us seeing what we do is so well warranted and ariseth from an unfained desire to maintaine the true worship of God the Majestie of our King and the peace of the Kingdome for the common happinesse of our selves and the posteritie And because we cannot look for a blessing from God upon our proceedings except with our Profession and Subscription we joyne such a life and conversation as beseemeth Christians who have renewed their Covenant with God VVee therefore faithfully promise for our selves our followers and all others under us both in publike in our particular families and personall carriage to endevour to keep our selves within the bounds of Christian libertie and to be good examples to others of all Godlinesse Sobernesse and Righteousnesse and of everie dutie we owe to God and Man And that this our Union and Conjunction may bee observed without violation VVee call the living God the Searcher of our Hearts to witnesse who knoweth this to be our sincere Desire and unfained Resolution as we shall answer to JESUS CHRIST in the great day and under the paine of Gods everlasting wrath and of infamie and of losse of all honour and respect in this World Most humblie beseeching the LORD to strengthen us by his holy Spirit for this end and to blesse our desires and proceedings with a happie successe that Religion and Righteousnesse may flourish in the Land to the glorie of God the honour of our King and peace and comfort of us all In witnesse whereof we have subscribed with our hands all the premisses c. TO dispute against this Covenant scholastically or otherwise then by
and 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
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
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
and hopes for so much as was not as yet granted All these made us confidently to expect from his Majestes Royall and compassioned disposition towards this his native Kingdome that a free Generall Assembly and Parliament should have beene indicted as the ordinary and most proper remedies of our grievances and did constraine us to renew our petition earnestly intreating that his Majesties Commissioner would be pleased to represent unto his Majesty the condition of this Kirk and Kingdome crying in an extreme exigencie for present helpe with the lawfulnesse of the remedies prescribed by his Majesties Lawes required by us and presented to him in some particular Articles which his Grace promised to recommend to his Majestie and to doe his best endeavours for obtaining the same especially the first Article that there might be indicted a full and free Generall Assembly without prelimitation either in the constitution and members thereof in the order and manner of proceeding or in the matters to be treated And if there should be any question or doubt about one of these or such like particulars that the determination thereof might be remitted to the Assembly it selfe as the only proper and competent judge And now after so many supplications complaints articles and informations after our necessary protestation expressing the humble thankfulnesse and continued desires of our hearts after so long expectation and so much dealing having with open eares and attentive minds heard his Majesties Proclamation it is our desire purpose and endevour so to proceed that we may upon the one part still be thankfull to God and the King for the least blinke of his Majesties countenance and the smallest crums of comfort that fall unto us from his Majesties Royall hands beseeching the Lord yet further to enlarge his Majesties heart for our full satisfaction and rejoycing to the honour of God the good of this Kirk and Kingdome and his Majesties never dying fame and glory that his wise government and zeale to the service of God may be a measure and pattern of desires to all generations hereafter when they shall be wishing for a religious and righteous King And on the other part that Christ our Lord the King of Kings through our neglect or luke-warmnesse may want no part of his Soveraignty and Dominion and that in our Religion which is more dear unto us then our lives we deceive not our selves with that which cannot satisfie and make up the breach of this Kirke and Kingdome or remove our feares doubts and suspicions of the innovations of Religion This hath made us to observe and perceive that his Majesties Proclamation doth ascribe all the late distractions of this Kirke and Common-wealth to our conceived feares of the innovation of Religion and Law as the cause and occasion thereof and not to the innovations themselves with which we have beene for a long time and especially of late heavily pressed and grieved as if the cause were rather in apprehension and fancie then in reality and substance That the Service book and booke of Canons are not so far discharged by this Proclamation as they have beene urged by preceding Proclamations for this Proclamation onely dischargeth the practice of them and rescinds the Acts made for establishing their practice but doth not rescind the former Proclamations namely that of the 19. of February at Stirling and that of the fourth of July at Edinburgh which give an high approbation to these Books as fit meanes to maintaine Religion and to beat down all superstition and withall declares his Majesties purpose to bring them into this Kirk in a faire and legall way And thus both our feares that they may be introduced hereafter must still remaine and the libertie of the Generall Assembly by such a Declaration of his Majesties judgement is not a little prejudged in the minds of so many as wisely consider and compare the preceding Proclamations with this which we now heare although others who looking upon one step and not upon the whole progresse run on rashly and neither considering what they are doing nor with whom they are dealing may be easily deceived Qui pauca videt citò judicat a short sight maketh a sudden judgement That it is declared in this Proclamation That his Majesty neither intendeth to innovate any thing in Religion or Lawes or to admit of any change or alteration in the true Religion already established and professed in this Kingdome and withall this is interposed That the articles of Pearth are established by the acts of Parliament and generall Assembly and dispensation of the practice only granted and discharge given that no person be urged with the practice thereof and consequently his Majesties intention for the standing of the Acts of the Assembly and Parliament appointing the Articles of Pearth is manifest which is no small prejudice to the freedome of the Generall Assembly That while the Proclamation ordaineth all his Majesties subjects to be liable to the triall and censure of the judicatories competent and that none of them shall use any unlimited and unwarranted power likewise that no other oath be administred to Ministers at their entrie then that which is contained in the Act of Parliament in both these Articles the Bishops are meaned who are only thereby for the present curbed against their exorbitancie and enormities in exercing their office but the office of Bishops is thereby not only presupposed as unquestionable but also so strongly established that his Majestie declareth for the present his intention to admit no innovation therein which is more evident by the indiction of the Parliament warning all Prelats to be present as having voice and place in Parliament and by the indiction of the Assembly warning all Archbishops and Bishops for so are their divers degrees and offices Ecclesiasticall here designed and supposed to be present as having place and voyce in the Assembly contrary to the caveats acts of the Kirk and our declinator And thus a third and great limitation is put upon the Generall Assembly The Proclamation by reason of these many reall limitations and prejudices of the liberty of the Assembly in the very points which have wrought so much woe and disturbance in this Kirk and Kingdome and wherein the liberty of the Assembly is most usefull and necessary at this time can neither satifie our grievances and complants nor remove our feares and doubts nor cannot without protestation be admitted by us his Majesties subjects who earnestly desire that Truth and Peace may be established and that for the reasons following 1. TO keepe silence in any thing that may serve for the good of the Kirk whether it be in preaching prayer or in proposing and voyceing in a lwfull Assembly of the Kirke is against the word of God Esai 62.6 Yee that are the Lords remembrancers keepe not silence and give him no rest till he establish and till he make Jerusalem a praise in the earth 1. King 18.21 Like the halting of the
command and instance to impaire hurt or stay the said jurisdiction discipline correction of manners or punishment of their offences enormities or to make any appellation from the general Assembly to stop the discipline and order of the Ecclesiasticall policie and jurisdiction granted by Gods Word to the office-bearers within the said Kirk under the paine of excommunication summarily without any processe or admonition to be pronounced by the judgement of the Eldership by the Minister or Ministers which shall be appointed by them how soon it is known that any of the saids heads are transgressed Likeas both the Kings Majestie and his Councell promised that none thereafter should have that cause to complaine as is manifest by the Act of Assembly at Montrose in July 1597. And in the Assembly holden at Saint Andrews 24. April 1582. being charged with Letters of Horning not to proceed against Master Robert Montgomrie the Assemblie did write to his Majestie that this discharge was extraordinary as a thing that was never heard nor seen since the world began and was directly against the word of God and Lawes of the Kingdome And yet notwithstanding of the said charge the Assembly did proceed and excommunicate the said Master Robert Further In the Assembly at Edinburgh the 27. of June 1582. Sess. 7. amongst the grievances presented by the Kirk to the King The first is That his Majestie by device of some Councellours is moved to take upon Him that spirituall power and authority which properly belongeth to Christ as only King and Head of his Kirk the Ministerie and execution whereof is only given to such as bear office in the Ecclesiasticall government of the same so that in his Majesties person some men prease to erect a Popedome as though his Majestie could not be full King and Head of this Common wealth unlesse alswell the spirituall as temporall sword be put in his Majesties hands unlesse Christ be rest of his authority and the two jurisdictions confounded which God hath divided which directly tends to the wrack and overthrow of all true Religion c. And in the Assembly holden at Edinburgh in Octob. 1582. Sess. 15. Summonds are direct by the generall Assembly against the Kings Advocate for drawing up the Kings Proclamation of that straine 7. The foresaid command is also contrary to the Acts of Parliament because as the Acts of Parliament appoint every matter for its owne Judicatorie and to all Judicatories their own freedome so much more doth this liberty belong to the nationall Assembly being the supreme Judicatorie Ecclesiastick of this Kirk and onely competent Judge in matters so important and so nearly concerning Gods honour and worship immediatly the salvation of the peoples soules the setling of the purity of Gods worship the purging away the corruptions thereof and right constitutions of the Kirk whose liberties and priviledges are confirmed Parl. 12. King James 6. and Parl. 1. King Charles Likeas by the 12. Par. 114. Act K. James 6. ann 1592. the libertie and discipline of the Kirk especially in her Presbyteries and Assemblies are fully and firmly ratified with declaration that the Act of the Kings Majesties prerogative Royall over all Estates and persons shall no wayes be prejudiciall to the priviledges which God hath given to the spirituall office-bearers in the Kirk concerning heads of Religion matters of heresie excommunication collation and deprivation of Ministers or any such like essentiall censures especially grounded and having warrant of the word of God with full power even to the particular Presbyteries to put order to all matters and causes Ecclesiasticall within their bounds according to the Discipline of the Kirk 8. The Lords of Councell and Session by Act 92. Parl. 6. King James 6. are ordained to proceed in all civill causes intended or depending before them or to be intended and to cause execute their Decrees notwithstanding any private writing charge or command from the Kings Maiestie or His Councell in the contrarie and by the 47. Act 11. Parl. King James 6. all licences and supersederees purchas'd from his Maiestie are discharged as contempt done to the Law as great hurt to the lieges and contrarie to iustice and declareth the same to bee null of the Law and not admissibly by any iudge nor effectuall to the purchaser any wayes and ordaineth all Judges within this Realme to proceed and do justice siclike and in the same manner as if the said supersederees and licences never had beene purchased nor produced Like as by the 106. Act Parl. King James 6. all licences granted by his Majestie to hinder the execution of Acts against Papists and other adversaries of the true Religion are discharged and declared to be of no force According to which it hath beene the ordinarie custome both in Civill and Ecclesiasticall Judicatories notwithstanding of privie warrants or prohibitions contrarie to Law which commonly are impetrate from his Majestie upon misinformation to proceed and minister justice 9. To discharge obedience to the Acts of the Assemblie stop the execution thereof protect and defend such as are delinquents and under the Kirks censure doth directly repugne to the large Confession of Faith of this Kirk Wherein cap. 19. the third mark of the true Kirk is affirmed to bee upright ministration of Ecclesiasticall Discipline as Gods word prescribes for establishing good order and repressing of vice and so no more can bee impeded nor justly taken from the Kirk then any of her other two marks viz. The right preaching of the word and ministration of the Sacrament And therefore in the Oath at the Kings Coronation he sweareth to maintaine this Confession and these three marks of the Kirke and particularly that hee shall be carefull to root out of his Empire all Hereticks and enemies to the worship of God that shall be convict by the true Kirk of God of the foresaids crimes 10. In the short Confession of Faith sworne 1580. and 1590. and renewed by the greatest and best part of this Kirk and Kingdome with an explication renewed also at his Maiesties command by his Councell all are bound to continue in obedience of the Doctrine and Discipline of the Kirke and defend the same according to their vocation and power So that seeing this generall Assemblie hath proceeded in their Constitution Acts and whole proceedings according to the Discipline of this Kirk of Scotland 1580. and 1590. contained in the second book of Discipline which in both these yeares were ordained to bee registrate and sworn to by all the Ministers of this Kirk as the Discipline thereof and wherein the Civill and Ecclesiasticall jurisdiction are so clearly distinguished in the 1. c. l. 2. as the power of the sword may no wayes stop or impede the power of the keyes and in the 7. c. the Eldership and Assemblies hath power to execute Ecclesiasticall punishment upon all transgressours and proud contemners of the Kirk and in the 10. c. the office of the Christian
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
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
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
of this Church never departed fully from Rome And in this last Petition they begin to make their grievances swell adding their dislike of the Booke of Canons to their former distaste of the Service Book the occasion of Our authorising of which Booke of Canons was this As Wee were desirous to settle one uniforme forme of publike Prayer and Divine Service throughout that Our Kingdom and for that purpose authorized the Service Book so We conceived that it was not only expedient but necessary that there should be one uniforme forme of Church government throughout the same and because there was no booke extant containing any rules of such governement so that neither the Clergie nor Laity had any certaine rule either of the ones power or of the others practise and obedience and considering that the Acts of their generall Assemblies were but written and not printed and so large and voluminous as it is impossible that so many copies of them should be transcribed as that they may come to the use and knowledge of many and so Apocryphall as that few or none of themselves can tell which of them are authenticall and so unsafely and uncertainely kept that they do not know whither to addresse themselves for finding of them Wee could not imagine but that it should have beene acknowledged and received with all thankfulnesse that We had reduced their numerous Acts and those not knowne to them to such a paucitie of Canons and those published that none could be insnared through ignorance nor complaine that they were over-charged with the multiplicitie of them For it may be averred with unquestionable certaintie that not one in that Our Kingdome did either live under the obedience of the Acts of the generall Assemblies or did know what they were or where certainely to have them And yet these men have interpreted Our furthering their knowledge and facilitating and conveniencing their obedience for one of the most grievous burthens was ever laid upon them But no wonder it is if when mens minds are once out of taste with government nothing tending to order relisheth well with them Their petition was sent up to Us by Our Councell But Wee seeing no signe of repentance for or disavowing of their late tumults untill some order might be taken for the finding out and punishment of the authors of them resolved to delay the answering of their petition but in the meane time commanded Our Councell to signifie to all Our good subjects Our aversnesse from Poperie and detestation of Superstition the contrarie suggestions whereof We found the heads of this Rebellion had used for abusing of Our loyall subjects and so accordingly Our Councell caused a Proclamation to be made at Lithgow which was this Apud Linlithgow septimo Decemb. 1637. FOr as much as the Kings Majestie having seene the Petition presented to the Lords of his Majesties privie Councell and by them sent up to his Majestie concerning the Service Book determined to have taken the same into his Royall consideration and to have given his gracious answer thereanent with all conveniencie Like as his Majestie by his letters to his Councell of the date of the ninth of October last did signifie his gracious resolution to the effect aforesaid But since that time his Majestie finding farre contrarie to his expectation that such disorderly tumultuous and barbarous insolenceis have beene committed within the Citie of Edinburgh upon the eighteenth of October last to the great contempt of his Majesties Royall authoritie by abusing his Majesties Councellors and Officers of State with others bearing charge and authoritie under his Majestie within the said Citie His Majestie in a just resentment of that foule indignitie wherein his Majesties Honour did so much suffer hath beene mooved to delay the signification of his Majesties gracious intention in giving to his subjects such satisfactorie answers to their Petitions as in equitie might have been expected from so just and religious a Prince But yet his Majestie being unwilling that his Loyall and faithfull subjects should be possessed with groundlesse and uncessarie doubts and feares His Majestie is pleased out of his goodnesse to declare like as by these presents hee declareth That as he abhorreth all Superstition of Poperie so he will be most carefull that nothing be allowed within his Majesties Dominions but that which shall tend to the advancement of the true Religion as it is presently professed within his most ancient Kingdome of Scotland And that nothing is or was intended to be done therein against the laudable lawes of this his Majesties native Kingdome And ordaineth publication to bee made hereof in forme as a foresaid AT this time We sent into Scotland the Earle of Roxburgh Lord privie Seale with certaine instructions to Our Councell for ordering these disordered affaires according to which they appointed the Councell to sit at Dalkeith being not above foure miles from Edinburgh that so they might the more easily know what passed in that place now become the seat of the Rebellion and they removed the Session or Terme from Lithgow to Sterlin a place of 24. miles distance from Edinburgh that so the huge disorderly multitudes there assembled might be dispersed by the necessitie of the attendance of such as had any Law-businesse At the same time the Earle of Traquair Lord Treasurer of that Kingdome whom Wee had sent for hither was returned back with directions from Us He with Our Lord privie Seale other principall Councellers repaired to Sterlin where by Our commandement they caused a Proclamation to be made for the dispersing of the huge and dangerous multitudes there assembled and the assuring of Our subjects of Our sinceritie towards the Religion established in that Our Kingdom And there first the Nobilitie Gentrie Ministers and Burgesses did the same thing which they themselves called the uproare of Rascalls at the first reading of the Service Book in the Churches of Edinburgh and which they condemned but in milder tearmes by the name of an unjustifiable act in that great sedition at Edinburgh on the eighteenth of October 1637 For by them first at Sterlin then at Lithgow and last at Edinburgh was made the first avowed affront to Us Our authoritie and Lawes For at Sterlin Our Proclamation being made the Earle of Hume and the Lord Lindsey assisted with many others of all ranks made a Protestation against the same which Protestation was afterward repeated at Lithgow and last at Edinburgh where when upon the Crosse Our Proclamation was made by Our Officers with sound of Trumpets and assisted with Our Heralds with Our coats of Armes upon their backs it was received while it was in reading with jeering and laughing and after it was ended with a Protestation against it made by many Earles Lords Ministers and Burgesses and the conflux of all other sorts of people who were all of them so malapert as not to suffer Our Heralds and Officers to come off the Crosse but forced them to stay and heare
Lordships of the Secret Councell your Lordships admits to the consulting and judging anent our supplications and His Majesties answere thereunto the Archbishops and Bishops our direct parties contrarie to our Declinator first propounded at Dalkeith and now renewed at Sterling and contrarie to your Lordships Act aforesaid at Dalkeith and contrarie to our Religion and Lawes and humble supplications Therefore lest our silence be prejudiciall to this so important a cause as concernes Gods glorie and worship our Religion Salvation the Lawes and Liberties of this Kingdome or derogatorie to the former supplications and complaints or unanswerable to the trust of our Commission out of our bound dutie to our God our King and native Countrey we are forced to take instruments in Notaries hands of your Lordships refusall to admit our Declinator or remove these our Parties and to protest in manner following First That we may have our immediate recourse to our sacred Soveraign to present our grievances and in a legall way to prosecute the same before the ordinarie competent Judges Civill or Ecclesiasticall without any offence offered by us or taken by your Lordships Secondly VVe protest that the said Archbishops and Bishops our Parties complained upon cannot be reputed or esteemed lawfull Judges to fit in any Judicatorie in this Kingdome Civill or Ecclesiasticall upon any of the supplicants untill after lawfull tryall judicially they purge themselves of such crimes as we have already laid to their charge offering to prove the same whensoever His Sacred Majestie shall please to give us audience Thirdly VVe protest that no Act nor Proclamation to follow thereupon past or to be past in Councell or out of Councell in presence of the Archbishops and Bishops whom we have already declined to be our Judges shall any wayes be prejudiciall to us the supplicants our persons estates lawfull meetings proceedings or pursuits Fourthly VVe protest that neither we nor any whose heart the Lord moveth to joine with us in these our supplications against the foresaid Innovations shall incurre any danger in life lands or any Politicall or Ecclesiasticall paines for not observing such Acts Bookes Canons Rites Judicatories Proclamations introduced without or against the Acts of Generall Assemblies or Acts of Parliament the Statutes of this Kingdome But that it shall be lawfull to us or them to use our selves in matters of Religion of the externall worship of God and Policie of the Church according to the word of God and laudable Constitutions of this Church and Kingdome conforme to His Majesties Declaration the ninth of December last Fifthly seeing by the legall and submisse way of our former supplications all who takes these Innovations to heart have been kept calme and carried themselves in a quiet manner in hope of redresse VVe protest that if any inconvenience shall happen to fall out which we pray the Lord to prevent upon the pressing of any of the foresaid Innovations or evils specially or generally contained in our former supplications and complaints and upon your Lordships refusall to take order thereanent the same be not imputed to us who most humbly seeks all things to be reformed by an Order Sixthly we protest that these our requests proceeding from conscience and a due respect to His Majesties honour doe tend to no other end but to the preservation of the true reformed Religion the lawes and liberties of this His Majesties most ancient Kingdome and satisfaction of our most humble desires contained in our supplication and complaint according to his Majesties accustomed goodnesse and justice from which we doe certainely expect that His Sacred Majestie will provide and grant such remedie to our just petitions and complaints as may be expected from so gracious a King toward most loyall and dutifull subjects calling for redresse of so pressing grievances and praying to God that his Majestie may long and prosperously reigne over us AGainst which Protestation We shall now say nothing because it is contained repeated in another larger Protestation of theirs which shall be inserted hereafter and there it shall receive a full answer Onely We desire the Reader to observe these two things in it First the iniquitie and injustice of their demanding some of our Bishops to be removed from our Councell nay and which We think never was heard before their protesting against all Acts to be done and passed in our Councell at which any of them shall be present alledging that this their Protestation against them and Declinator of them maketh them to be parties and so they cannot be Judges and withall they require them first to be removed and then promise they will make proofe of such crimes against them as shall declare the justice of their removall which is all one as to intreat them first to condemn a man and then to trie him And if a Protestation against their sitting in Councell and a Declinator of Our Councells authoritie neither of them admitted by our Councell shall make some Councellours to be parties and invalidate all Acts of Councell so long as these Councellours whom they have fancied to be parties sit there how their last pretended generall Assembly against which there were so many Protestations made both by the Bishops and others and which by all these Protesters was declined as Judge because the members of it had all made themselves parties can be counted a lawfull generall Assembly or the members of it lawfull Judges We leave it to themselves to reconcile And if they should say that these Protestations and Declinators against the Assembly were repelled by the Assembly who was the sole Judge of them let them remember that their Protestation against the Bishops and their Declinator against Our Councels authoritie if they should not eject them were both of them likewise repelled and rejected by Our Councell who was the onely true Judge of them their last pretended Assembly being no true but onely a pretended Judge of the others after the Assembly was dissolved by Our authoritie And secondly We shall desire the Reader to observe that their demands in this Protestation are very farre short of those which are made by them in their succeeding Protestations which swell with farre more bold and insolent demands then this doth although this be bold and insolent enough But it is an usuall course with the heads of all Rebellions to draw in that partie by whose power they intend to make good their wicked plots with small things at the first concealing from them the depth of their intentions untill they have engaged them so farre as they can make them beleeve that there is no safety in retreating when their crimes are past hope of pardon And now after this their first Protestation begun the most unnaturall causlesse and horrible Rebellion that this or perhaps any other age in the world hath been acquainted with For now these Protesters begin to invest themselves with the supreme Ensignes and Markes of Majestie and Soveraigntie by erecting publike Tables
of advice and Councell for ordering the affaires of the Kingdome without Our authoritie and in contempt of Us and Our Councell established by Us there and by entring into a Covenant and most wicked Band and combination against all that shall oppose them not excepting Our owne Person directly against the law of God the law of Nations and the municipall lawes of that Our Kingdome So that after this their Protestation they perfected that which they had before begun confusedly and as it were in a ruder draught For then contrarie to Our expresse commandement and authoritie expressed in Our last Proclamations and repeated unto them by Our Councell they did erect a great number of Tables as they called them in Edinburgh Foure principall One of the Nobilitie another of the Gentrie a third of the Burroughes a fourth of Ministers and the Gentrie had manie subordinate Tables according to their severall Shires These severall Tables did consult of what they thought fit to bee propounded at the generall Table which consisteth of severall Commissioners chosen from the other foure Tables and what they of the generall Table resolved on was to be put in practice with a blinde and Jesuiticall obedience A rare and unheard forme of Government in a Kingdome whose Government ever was Monarchicall and which they themselves still say continueth to be so Sure these meetings by wise men have been accounted rather Stables of unruly horses broken loose and pulling downe all they can reach then Tables for the consultations of wise and rationall men Now the first dung which from these Stables was throwne upon the face of Authoritie and Government was that lewd Covenant and seditious Band annexed unto it which We here subjoine because We are confident that by the verie recitall and perusall of it every religious and wise man may run and read that sentence of condemnation which it carrieth in its owne front THE CONFESSION OF FAITH OF THE KIRK OF SCOTLAND SUBSCRIBED By the Kings Majestie and his Houshold in the yeare of God 1580. WITH A Designation of such Acts of Parliament as are expedient for justifying the union after mentioned And Subscribed by the Nobles Barons Gentlemen Burgesses Ministers and Commons in the yeare of God 1638. JOSH. 24.25 So Joshua made a Covenant with the people the same day and gave them an Ordinance and Law in Sichem 2 KING 11.17 And Jehoiada made a Covenant between the Lord and the King and the people that they should be the Lords people likewise betweene the King and the people ISAIA 44.5 One shall say I am the Lord another shall be called by the name of Jacob and another shall subscribe with his hand unto the Lord c. The Kings Majesties Charge to all Commissioners and Ministers within this Realme in the yeare of God 1580. SEeing that VVe and Our Houshold have Subscribed and given this publike Confession of Our Faith to the good example of Our subjects VVe command and charge all Commissioners and Ministers to crave the same Confession of their Parochianars and proceed against the refusers according to Our Lawes and Order of the Kirk delivering their names and lawfull processe to the Ministers of Our House with all haste and diligence under the paine of fourtie pound to be taken from their stipend that VVe with the advice of Our Councell may take order with such proud contemners of God and Our Lawes Subscribed with Our Hand at Haly-rud-house 1580. the 2. day of March the 14. yeare of Our Reigne The Confession of Faith of the Kirke of SCOTLAND The confession of Faith subscribed at first by the Kings Majesty and His Houshold in the yeere of God 1580. Thereafter by Persons of all rankes in the yeere 1581. by ordinance of the Lords of the Secret Councell and Acts of the Generall Assembly Subscribed againe by all sorts of Persons in the yeere 1590. by a new Ordinance of Councell at the desire of the Generall Assembly With a generall Band for maintenance of the true Religion and the Kings Person And now subscribed in the yeere 1638. by us Noblemen Barons Gentlemen Burgesses Ministers and Commons under subscribing Together with our resolution and promises for the causes after specified To maintaine the said true Religion and the Kings Majestie according to the Confession foresaid and Acts of Parliament The Tenor whereof here followeth 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 of 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 now is 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 Realm 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 Kirk 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 Consciences of men All his tyrannous lawes made upon indifferent things against our Christian libertie His erroneous Doctrine against the sufficiencie of the written VVord the perfection of the Law the office of Christ and his blessed Evangel His corrupted Doctrine concerning originall sinne our naturall inabilitie and rebellion to Gods Law our justification by faith onely our imperfect sanctification and obedience to the Law the nature number and use of the holy Sacraments His five bastard Sacraments with all his Rites Ceremonies and false Doctrine added to the ministration of the true Sacraments without the VVord of God His cruell judgement against Infants departing without the Sacrament his absolute necessitie of Baptisme his blasphemous opinion of Transubstantiation or reall presence of Christs body in the Elements and receiving of the same by the wicked or bodies of men His dispensations with solemn oaths perjuries and degrees of Marriage forbidden in the VVord his crueltie against the innocent divorced his divellish Masse his blasphemous Priesthood
State excuseth our uncessant and importune calling for these present remedies Doth insinuate the continuance and execution of any pretended Lawes for these innovations of worship and corruptions of Church government and civill places of Church-men which by our Covenant wee have obliged our selves to forbeare and the re-establishment of these evils in an Assembly and Parliament which hee will call in his best convenience to wit for that and this other end of satisfying his subjects judgements anent the Service Booke and Book of Canons Doth condemne all our former proceedings even our supplicating complaining protesting subscribing of our Covenant together and our continuall meetings as great disorders increase of disorders deserving justly a powerfull rather then a perswasive way a running headlong into ruine a perishing in our faults a blind disobedience under pretext of Religion and doth threaten denounce Now once for all If we be not heartily satisfied and give testimony of our obedience after this Declaration but continue as by our former proceedings to draw on our owne ruine that albeit unwillingly he must make use of that power which God hath indued him with for reclaiming of so disobedient people THerefore we in our own name and in name of all who will adhere to the Confession of Faith and reformation of Religion within this Land are forced and compelled out of our bound duty to God our King native Country our selves and our posterity lest our silence should be prejudiciall to so important a cause as concernes Gods glory and worship our Religion and salvation the Lawes and Liberties of this Church and Kingdome or derogatory to our former supplications complaints protestations Articles and proceedings or unanswerable to the solemne oath of our nation covenant with God To declare before God and man and to protest Primo That we doe and will constantly adhere according to our vocation and power to the said Reformation in doctrine use of Sacraments and discipline And that notwithstanding of any innovations introduced therein either of old or of late Secundo we potest That we adhere to the grievances supplications and protestations given in at Assemblies and Parliaments and to our late supplications complaints protestations and other lawfull proceedings against the same and particularly against the Service book and booke of Canons as maine innovations of Religion and Lawes and full of Popish superstition and so directly contrary to the Kings Declaration And against the High Commission as a judicatory established contrary to the Lawes and Liberties of this Church and Kingdome and destructive of other lawfull judicatories which both in respect of the nature of it and manner of introduction without consent of the three Estates of Parliament cannot be any wayes rectified but absolutely discharged Tertio we protest That we adhere with our hearts to our Oath and subscription of the Confession of Faith the solemne Covenant betweene God this Church and Kingdome and the clauses particularly therein expressed and generally contained and to our last Articles for the peace of this Kirke and Kingdome drawne out of it and to all the matters therein contained and manner of remedy therein desired Quarto We protest that this Proclamation or act of Councell or any other act or Proclamation or Declaration or ratification thereof By subscription or act or letter or any other manner of way whatsoever or any precondemnation of our cause or carriage before the same be lawfully heard and tryed in the supreme judicatories of this Kirk and Kingdome the onely proper judges to nationall causes and proceedings or any certification or threatning therein denounced shall no waies be prejudiciall to the Confession of Faith lawes and liberties of this Kingdome nor to our supplications complaints protestations articles lawfull meetings proceedings pursuits mutuall defences nor to our persons and Estates and shall no wayes be disgracefull either in reality or opinion at home or abroad to us or any of us But on the contrary that any act or letter or subscription of the Councell carrying the approbation of the declaration and condemnation of our proceedings indicta causa is and ought to be repute esteemed unjust illegall null as here before God and man we offer to clear to verifie both the justice of our cause and carriage and the injustice of such acts against us in the face of the first generall Assembly of the Church Parliament of the Estates unto whom with all solemnities requisite we do publikly appeal Quinto We protest that seeing our former supplications last Articles our last desire and petition to his Majesties Commissioner which petitioned for the present indiction of a free general Assembly Parliament according to the law and custome of all nations of this nation in the like case to hear the desires ease the grievances settle the fears of the body of the Church Kingdome are thus delayed in effect refused to wit Once for all till his Majesties conveniency for the end contained in this Proclamation that We continue by thir presents to supplicate his Majesty again and again for the granting of the same And whatsoever trouble or inconvenience fall out in this land in the mean time for want of these ordinary remedies and by the practice of any of these innovations evils contrary to our supplications articles confession it be not imputed unto us who most humbly beg these lawfull remedies but also that it is shall be lawfull unto us to defend and maintain the Religion lawes and liberties of this Kingdome the Kings Authority in defence thereof every one of us one another in that cause of maintaining the Religion and the Kings foresaid Authority according to our power vocation and Covenant with our best counsel bodies lives means whole strength against all persons whatsoever against all externall or internall invasions menaced in this Proclamation Like as that in the great exigencie of the Church necessitating the use of this ordinary and lawfull remedies for settling the commotions thereof it is and shall be leasome unto us to appoint hold and use the ordinary means our lawfull meetings and Assemblies of the Church agreeble to the Law of God and practice of the primitive Church the Acts of the generall Assemblies and Parliaments and the example of our Worthy Reformers in the like case Sexto We protest that our former Supplications Complaints Protestations Confessions meetings proceedings and mutuall defences of every one another in this cause as they are and were in themselves most necessary and orderly meanes agreeable to the lawes practice of this Church and Kingdome to be commended as reall duties of faithfull Christians loyall Subjects and sensible members of the body of the Church and Kingdome and no wise to be stiled nor accounted great disorders misdemeanors blind disobedience under pretext of Religion and running headlong into ruine c. So they proceeded only from conscience of our duty to God our King native
Country and our posterity and doth tend to no other end but to the preservation of the true reformed Religion the confession of Faith Lawes and Liberties of this His Majesties most ancient Kingdome and of His Majesties authority in defence thereof and satisfaction of our humble desires contained in our Supplications complaints and articles unto the which we adhere againe and again as we would eschew the curse of the Almighty God following the breach of his Covenant And yet we doe certainly expect according to the Kings Majesty his accustomed goodnesse and justice that His sacred Majesty after a true information of the justice of our cause and carriage will presently indict these ordinary remedies of a free Assembly and Parliament to our just Supplications complaints and articles which may be expected and useth to be granted from so just and gracious a King towards most loyall and dutifull Subjects calling for redresse of so pressing grievances and praying heartily that His Majesty may long and prosperously reigne over us WHereupon a Noble Earle John Earle of Cassles c. in name of the Noblemen M. Alexander Gibson younger of Dury in name of the Barons James Fletcher Provost of Dundy in name of the Borrowes M. John Ker Minister at Salt-Prestoun in name of the Ministers and Master Archbald Johnston Reader hereof in name of all who adheres to the Confession of Faith and Covenant lately renewed within this Kingdome tooke Instruments in the hands of three Notars present at the said mercat Crosse of Edinburgh being invironed with great numbers of the foresaid Noblemen Barons Gentlemen Borrows Ministers and Commons before many hundred witnesses and craved the extract thereof And in token of their dutifull respect to his Majesty confidence of the equity of their cause and innocencie of their carriage and hope of his Majesties gracious acceptance they offered in all humilitie with submisse reverence a Copy thereof to the Herauld NOw We must appeale to the judgement of the world whether there was any thing in this Our Proclamation which deserved such an undutifull and rebellious Protestation or the seditious clamours which both at their private and publicke meetings especially in their Pulpits were made against it This Protestation needeth no answere for after the first part of it which is nothing but a repetition of that which they have so often said there is nothing but a number of falsities heaped up together as the Reader may easily perceive For whereas they alledge That they have removed the impediment which caused their Covenant to be mistaken as if it had beene an unlawfull combination We suppose that thereby they meane that which they tendered to Our Commissioner and called it by the name of an explication of their Covenant which explication was so farre from giving unto Us any satisfaction that both to Us and all reasonable men it must needs appeare to be a stronger confirmation of their unlawfull combination For whereas they refused to except Us out of the number of those persons against whom their band of mutuall maintenance is intended it plainely demonstrateth that in their intentions We are the person chiefly aimed at In some few lines after this they professe that they never so much as called in question Our resolution to maintaine the Religion professed in that kingdome and Our care for not admitting any Innovations in Religion or any staine of Popish superstition Now We doe appeale even to their owne consciences whether in their private meetings nay even in their publike assemblies and Sermons they have not endevoured to settle in Our good subjects mindes opinions feares and jealousies quite contrarie to these their printed asseverations In the last part they ground their Protestation upon no grounds but such as these That they will continue together because they have obliged themselves by oath so to doe and because they will and are resolved to adhere constantly to what they have done and because they offer to cleare themselves before a generall Assembly and Parliament where they themselves make accompt to be Judges Now these and such like false and weake grounds it is very unnecessarie to confute the rehearsall of them being upon the first view their sufficient conviction After all these they end their Protestation with two very unsavourie conclusions The first is that if We will not allow of their proceedings they themselves will call a Generall Assembly which shall be sure to allow of them A notable piece of hypocrisie and disloyaltie together to be suiters to Us for that which they as they say both may doe and are resolved to doe without Our leave The second is they protest that notwithstanding any thing which We doe or shall say to the contrarie all their proceedings are in themselves most necessarie and orderly meanes agreeable to the Laws and practise of that Church and Kingdome to be commended as reall duties of faithfull Christians loyall subjects and sensible members of the body of that Church and Kingdome and no way to be styled or accounted great disorders misdemeanours blinde disobedience under pretext of Religion and running headlong into ruine All which words are multiplied onely to make up a verie unmannerly contradiction to the verie words of Our Proclamation Our Commissioner seeing not that he was not able to give but that they were resolute not to receive any satisfaction by what was offered and that the most that they could be brought to was that which they called an explication of their Covenant but indeed was none for they would never yeeld that these words whereby in their Covenant they bound themselves in a mutuall defence against all persons whatsoever should admit this interpretation Except the King He told them plainly that since his Instructions were out he could proceed no further with them without new conference with and Instructions from Us and therefore he resolved a speedie journey to Us to informe Us of what had passed and make Us acquainted with that explication of their Covenant which they had given him though as it had given no satisfaction to himselfe so he was sure it would give none to Us In the meane time he entreated them to behave themselves more quietly and peaceably then they had done untill Our pleasure were further knowne That pretended explication of their Covenant was conceived by way of Petition and was this To His Majesties Commissioner The supplication of the Noblemen Barons Burgesses Ministers and Commons here attending His Majesties gracious answer of our former petitions complaints and desires Humbly shewing THat whereas we expecting from your Grace as His Majesties Commissioner a gracious answer of our former supplications complaints and just desires have presented to your Grace a petition humbly craving a free generall Assembly and Parliament as the ordinarie remedy of our grievances and the onely meane to put this Kirk and Kingdome to quietnesse It pleased your Grace to shew that His Majestie from His princely care of this Kirk and Kingdome
Januarie 28. 1580. and signed by Our Royall Father to bee renewed And to that effect have given Order to Our Commissioner with advice of Our Councell to set downe and settle some solid course whereby the same may be subscribed by Our Councell Judges Magistrates of Burroughes and all other Our people of that Kingdome And for further clearing of Our selfe Wee declare That as We are and ever have beene satisfied in Our judgement and conscience for the reformed Religion now established and against the Roman so Wee purpose by Gods grace both to live and die in the practice thereof and to preserve and maintaine the same in full strength and integritie according to the Lawes of that Our ancient Kingdome What We have thought further fitting to be done at this time concerning the particulars contayned in Our subjects petitions you shall receive Our full pleasure therein from Our Commissioner And that this Our Declaration concerning Our selfe and Our pious intention for settling the Reformed Religion within that Our Kingdome may appeare to posteritie Our pleasure is that these presents be registred in the Books of Councell Oatlands Septem 9. 1638. THis Our Letter being received by Our Councel with all submissive joyfull and thankfull acknowledgment Our Commissioner made them further acquainted with the particulars of Our grace and favour for the appeasing of the troubles of that Our kingdome who upon hearing of the same were filled with excessive joy as making full account that now malice it selfe could not finde the least pretence of keeping Our people from being satisfied all things which ever yet since the beginning of these troubles they had desired being granted unto them But so soone as some of Our Councellours who were not onely Covenanters in their heart but the very heart of their Covenant had made some of the chiefe covenanting Lords acquainted with the unexpected excesse of Our favours towards Our people these Lords making full accompt that their reigne was upon the point of expiration if the people should understand Our grace and favour bestirred themselves with might and main to disperse rumours amongst them That the newes brought home by Our Commissioner importing Our answer did tend to the utter subversion of their Religion and liberties That there was a new Covenant to be set on foot by Us to destroy theirs and that if they now did not resist all they had done was quite undone and lost After which the principall of them came downe first to Our Commissioner and then to Our Councell requesting them or indeed rather requiring them that they would not subscribe the Confession of faith nor require it to be subscribed by others by any authoritie from Us threatning in a manner that if they did they would repent it and that a present rupture would follow Our Commissioner and Councell heard them twice fully but found not the least ground of reason for the delay of the declaration of Our grace and favour towards Our people as seeing it proceeded onely from an earnest desire in these Lords to have it concealed from them and therefore resolved and imparted unto the Lords covenanters their resolution that they would publish it that day being Saturday The Lords covenanters did then seeme to abate something of their requests or rather demands and desired Our Commissioner and Councell to delay the publishing of Our Declaration onely untill the Munday following before which time if they could not shew good reasons for the stopping of it they would be content with the publication thereof Which motion of theirs wanted not seconding from some of Our Councell there present who were indeed the first and chiefest of them But Our Commissioner and Councellours well and wisely foreseeing that this delay was desired first that these Lords Covenanters might have time to pen and prepare a Protestation against this Our gracious Declaration with the contents whereof some of Our Councellors heartie Covenanters had made them acquainted which Protestation could not be provided nor penned in the space of so few houres secondly that the Lords covenanters made no question but that the next day being Sunday their Ministers in all the Pulpits of Edinburgh by their subornation should so conjure up the spirits of Our people against Our gracious Declaration as they should not be easily and readily laid againe Thirdly that they might have time to dispatch messengers Poasts abroad with copies of their Protestation in all Burroughs where Our Declaration was to be published before or as soone as Our Declaration could be sent to those places for these important considerations Our Commissioner and Councell did declare unto these Lords after full hearing of them that considering the invaliditie of their reasons to the contrarie Our gracious Declaration should be published that day at the Crosse of Edinburgh And so accordingly Our Declaration that day was proclaimed as here it followeth CHarles by the grace of God King of Scotland England France and Ireland defender of the faith To Our Lovits Messengers Our Sheriffes in that part conjunctly and severally specially constitute greeting Forsomuch as the cause and occasion of all the distractions which have happened of late both in Church and Common-weale of this Our Kingdome have proceeded from the conceived feares of innovation of Religion and Lawes To free all Our good subjects of the least suspition of any intention in Us to innovate any thing either in Religion or Lawes and to satisfie not onely their desires but even their doubts We have discharged and by these presents do discharge the Service Booke Booke of Canons and High Commission and the practice of them or any of them and by these presents annulls and rescinds all acts of Councell Proclamations and other acts and deeds whatsoever that have been made or published for establishing them or any of them and declares the same to be null and to have no force nor effect in time comming And being informed that the urging of the practice of the five articles of Perth Assembly hath bred great distraction and division in the Church and State We have beene graciously pleased to take the same into Our consideration and for the quiet and peace of Church and State doe not onely dispense with the practice of the saids Articles but also discharge like as by these presents We discharge all and whatsoever persons from urging the practice thereof upon either Laicke or Ecclesiasticall person whatsoever And We do hereby free all Our subjects from all censure and paine whether ecclesiasticall or secular for not urging practising or obeying the same notwithstanding of any thing contained in the acts of Parliament or generall Assembly to the contrary And because it hath beene to the disgrace of government disperst and surmized throughout this Our kingdome that some of Our subjects have exercised such illimited and unwarranted power and have held themselves eximed from censure and punishment to which others Our subjects are lyable We doe by these presents declare that
if any of Our subjects whether ecclesiasticall or civill of whatsoever qualitie title or degree have or shall at any time presume to doe any such act or assume to themselves any such exemption or power That they shall like as by these presents We make and ordaine them to be lyable to the triall and censure of Parliament generall Assembly or any other Judicatories competent according to the nature and qualitie of the offence And for the free entry of Ministers that no other oath be administrate unto them then that which is contained in the act of Parliament And to give Our subjects full assurance that We never intend to admit of any change or alteration in the true Religion alreadie established and professed in this Our kingdome And that all Our good people may be fully and clearly satisfied of the realitie of Our intentions towards the maintenance of the truth and integritie of the said Religion We have thought fit and expedient to injoine and authorize like as We by these presents doe require and command all the Lords of Our privie Councell Senatours of the Colledge of Justice Judges and Magistrates to burgh and land and all Our oâ—her subjects whatsoever to subscribe and renew the Confession of Faith subscribed at first by Our deare Father and His houshold in the yeare of God 1580. Thereafter by persons of all rankes in the yeare 1581. by ordinance of the Lords of secret Councell and acts of the generall Assembly Subscribed againe by all sorts of persons in the yeare 1590. by a new ordinance of Councell at the desire of the generall Assembly with their generall band of maintenance of the true Religion and the Kings person And for that effect We doe require the Lords of Councell to take such course anent the foresaid confession and generall band that it may be subscribed and renewed throughout the whole kingdome with all possible diligence And because We will not leave in Our subjects minds the least scruple or doubt of Our royall intentions and reall resolutions Wee have given warrant to Our Commissioner to indict a free generall Assembly to be holden at Glasgow the twenty first day of November in this present yeare 1638. And thereafter a Parliament to be holden at Edinburgh the fifteenth day of May Anno 1639. for settling a perfect peace in the Church and Common-weale of this kingdome And because it is likely that the disorders and distractions which have happened of late have beene occasioned through the conceived feares of innovation of Religion and Lawes and not out of any disloyaltie or disaffection to soveraigntie We are graciously pleased absolutely to forget what is past and freely to forgive all by-gones to all such as shall acquiesce to this Our gracious pleasure and carry themselves peaceably as loyall and dutifull subjects and shall ratifie and approve the same in Our next ensuing Parliament And that this Assembly may have the better successe and more happy conclusion Our will is that there be a solemne Fast proclaimed and kept by all Our good subjects of this kingdome a foureteene dayes before the beginning of the said Assembly the causes thereof to be a begging a blessing from God upon that Assembly and a peaceable end to the distractions of this Church and kingdome with the aversion of Gods heavie judgement from both And Our pleasure is that this Fast be kept in the most solemne manner as hath beene in this Church at any time heretofore upon the most extraordinary occasion OUR WILL is herefore and We charge you straightly and command that incontinent these Our Letters seen ye passe and make publication hereof by open proclamation at the market crosses of the head burrowes of this kingdome where-through none pretend ignorance of the same Given at Our Court of Oatlands the ninth day of September 1638. Per Regem AFter this Declaration was proclaimed the Confession of Faith as it was at the first commanded by Our Royall Father as also the band annexed for defence of the Religion now established and of Our Person and authoritie with the subscriptions of Our Commissioner and Councell to them both doe here follow The Confession of Faith of the Kirke of SCOTLAND Subscribed at the first by the Kings Majesties umwhile dearest Father of blessed memory and his Houshold in the yeer of God 1580. Thereafter by persons of all ranks in the yeere of God 1581. by ordinance of the Lords of Secret Councel and Acts of the Generall Assembly Subscribed againe by all sorts of Persons in the yeer 1590. by a new Ordinance of Councel at the desire of the general Assembly With the general Band for maintenance of the true Religion And now renewed and subscribed again by his Majesties speciall command by the right noble Marquesse James Marquesse of Hamiltoun Earle of Arran and Cambridge Lord Even and Evendail his Majesties high Commissioner and Lords of secret Councell undersubscribing And that of and according to the date and tenor of the said Confession of Faith dated in March 1580. and of the Band dated in Anno 1589. WEe All and every one of us underwritten protest That after long and due examination of our owne Consciences in matters of true and false Religion are now throughly resolved in the Truth by the Word and Spirit of God and therefore we beleeve with our hearts confesse with our mouths subscribe with our hands and constantly affirme before God and the whole World that this only is the true Christian Faith and Religion pleasing God and bringing salvation to man which is now by the mercy of God revealed to the world by the preaching of the blessed Evangel And received beleeved and defended by many and sundry notable Kirks and Realmes but chiefly by the Kirk of Scotland the Kings Majestie and three Estates of this Realme as Gods eternall truth and onely ground of our salvation as more particularly is expressed in the Confession of our Faith stablished and publikely confirmed by sundry Acts of Parliaments and now of a long time hath been openly professed by the Kings Majestie and whole body of this Realme both in Burgh and Land To the which Confession and forme of Religion wee willingly agree in our consciences in all points as unto Gods undoubted Truth and Verity grounded onely upon his written Word And therefore Wee abhorre and detest all contrarie Religion and Doctrine But chiefly all kinde of Papistrie in generall and particular heads even as they are now damned and confuted by the Word of God and Kirke of Scotland but in speciall we detest and refuse the usurped authoritie of that Roman Antichrist upon the Scriptures of God upon the Kirk the civill Magistrate and conscience of men All his tyrannous lawes made upon indifferent things against our Christian liberty His erroneous doctrine against the sufficiency of the written word the perfection of the Law the office of Christ and his blessed evangel His corrupted doctrine concerning originall sin our naturall
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
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
of attestation called God to witnesse to it It had like to have growne to a hot contestation but that that night the Assembly was dismissed The next day upon their first sitting down they urged presently the choice of a Moderatour but Our Commissioner desired first Our Letter to the Assembly to be read which was done and it was thus ALthough Wee be not ignorant that the best of Our actions have beene mistaken by many of Our subjects in that Our ancient Kingdome as if Wee had intended innovation in Religion or Lawes yet considering nothing to be more incumbent to the duty of a Christian King then the advancement of Gods glory and the true Religion forgetting what is past We have seriously taken to Our Princely consideration such particulars as may settle and establish the truth of Religion in that Our ancient Kingdome and also to satisfie all Our good people of the reality of Our intentions herein having indicted a free Generall Assembly to be kept at Glasgow the 21. of this instant Wee have likewise appointed Our Commissioner to attend the same from whom you are to expect Our pleasure in every thing and to whom Wee require you to give that true and due respect and obedience as if Wee were personally present Our selves And in full assurance of Our consent to what he shall in Our name promise We have signed these and wills the same for a testimonie to posterity to bee registred in the Bookes of the Assembly At White-Hall the 29. of October 1638. THen they called againe for the choice of a Moderator at which time one Doctor Hammilton presented to Our Commissioner a Declinator and Protestation in the name of the Bishops against the Assembly containing the nullities of it with a desire that it might be read and a publique Act entred for the production of it Upon this there arose a very great heat in the Assembly they alledging that nothing could be done untill a Moderator was chosen and they did directly refuse to reade the said Declinator upon which both Our Commissioner entred a Protestation in Our Clerke of Registers hands against the refusall of it and tooke instruments thereupon and so likewise did Doctor Hammilton in the name of the Bishops At last they proceeded to the choice of a Moderator to which before Our Commissioner gave way hee entred as before another Protestation that their Act of chusing should neither prejudice Our Prerogative and Authoritie nor any Law or Custome of that Church and Kingdome nor barre him when he should see cause from taking legall exceptions either against the person elected or the illegalitie of his election And so they having put divers other stales upon the List accordingly as it was resolved upon before at their Tables in Edinburgh without one contrarie voice except his owne who could not chuse himselfe one Master Alexander Henderson the prime and most rigid Covenanter in the Kingdome was chosen Moderator The third day Our Commissioner at their first meeting required againe that the Bishops Declinator and Protestation might be read which hee conceived they had promised after the Moderator should be chosen but they rejected it againe adding then that the Assembly must be fully constituted of all it members and bee once an Assembly before any thing could be presented to it To which it was answered by Our Commissioner That hee required it onely to be read not to be discussed untill the members of the Assembly were constituted by allowing of their severall Commissions because this Declinator contained reasons why either all or at least some elected should not be admitted Commissioners in the Assembly because of the nullities of the elections expressed in the Declinator which reasons containing the said nullities might perswade as they hoped with them for the rejecting their Commissions which could not bee done after their approving and allowing of them and so by vertue of these Commissions admitting them for constituted members of the Assembly The reason why Our Commissioner did so earnestly urge the reading of that Declinator was because he did fore-see the fallacie which they meant to use viz. The Declinator cannot be read before the Assembly bee constituted and they fearing that the Declinator contained reasons against the constitution of it by such members as were elected and that after they were once admitted it was too late to alledge any reasons for then they were sure to answer that all elections were discussed and the members of the Assembly received and therefore nothing then to bee heard against either which indeed afterward was their very answer There was nothing left here to Our Commissioner but entring a Protestation as formerly and solemnly calling themselves to witnesse whether with any shew of justice the reading of the Bishops Protestation could bee denied before the elections were admitted the principall aime of it being to shew reasons why they could not be admitted wondering with what colour or face they above all men could doe it who had read and published so many Protestations both against Our Proclamations and Acts of Our Councell and so how they could denie to Our Commissioner a thing required in Our name and by Our authoritie which they themselves had practised without any warrantie or authoritie at all But all in vaine for not the least resolution taken at Edinburgh must suffer any abatement and therefore rejecting the reading of the Declinator they first put by the Clerke of the Assembly his sonne who by reason of his fathers sicknesse had a lawfull deputation from him and whom as it seemeth they afterward wrought to a demission and went on to the election of a new Clerke whom without one contrarie voice they did chuse viz. one Master Archibald Johnston an Advocate the Clerke of their Tables at Edinburgh against whose election Our Commissioner likewise protested as formerly At his admission hee made a short speech declaring against his conscience his unwillingnesse to accept that charge but yet affirming that at this time hee would not bee wanting to contribute his part towards the defence of the prerogative of the Sonne of God as if that now had been in any danger The fourth day they begun the reading of the severall Commissions Our Commissioner as formerly entred a Protestation to take exception against their elections in his owne due time onely hee was content they should goe on that he might see their justice in allowing or disallowing the elections of which he knew many to be very untoward and made with violence Now the Reader is carefully to observe their partialitie in admitting or rejecting elections for wheresoever there was a Non-covenanter chosen of which number there were not above two or three or any moderate Covenanter not designed by them at Edinburgh and chosen according to their secret instructions with which the Reader shall afterward be made acquainted them they either quite rejected or suspended from voice untill some exceptions made against their election should bee discussed
dissimulavi semper pertuli sed dissimulandi nunc locus non est quando decipiatur fraternitas nostra à quibusdam vestrûm qui dùm sine ratione restituendae salutis plausibiles esse cupiunt magis lapsis obsunt Lastly it is most manifest by the premises how absurd it is and contrarie to all reason and practise of the Christian Church that Archbishops and Bishops shall bee judged by Presbyters and more absurd that they should bee judged by a mixt meeting of Presbyters and Laicks conveening without lawfull authoritie of the Church How and by whom they are to bee judged according to the custome of ancient times may be seene by the Councell of Chalcedon Can. 9. and Concil Milevit Can. 22. and Concil Carthag 2. Can. 10. Nor do wee decline the lawfull triall of any competent judicatorie in the Kingdome especially of a generall Assemblie lawfully constitute or of his Majesties High Commissioner for any thing in life or doctrine can be laid to our charge onely we declare and affirme That it is against order decencie and Scripture that we should be judged by Presbyters or by Laicks without authority and Commission from Soveraigne authoritie For the reasons foresaid and many moe and for discharge of our dutie to God to his Church and to our Sacred Soveraigne lest by our silence we betray the Churches right his Majesties authoritie and our owne consciences We for our selves and in name of the Church of Scotland are forced to protest That this Assemblie bee reputed and holden null in Law Divine and humane and that no Church-man bee holden to appeare before assist or approve it and therefore that no letter petition subscription interlocutor certification admonition or other Act whatsoever proceeding from the said Assemblie or any member thereof be any wise prejudiciall to the Religion and Confession of Faith by Act of Parliament established or to the Church or any member thereof or to the jurisdiction liberties priviledges rents benefices and possessions of the same Acts of generall Assemblie of Councell and Parliament in favours thereof or to the three Estates of the Kingdome or any of them or to us or any of us in our persons or estates authoritie jurisdiction dignitie rents benefices reputation and good name but on the contrarie that all such Acts and deeds above mentioned and everie one of them are and shall be reputed and esteemed unjust illegall and null in themselves with all that hath followed or may follow thereupon And forasmuch as the said Assemblie doth intend as wee are informed to call in question discusse and condemne things not onely in themselves lawfull and warrantable but also defined and determined by Acts of generall Assemblie and Parliaments and in practice accordingly to the disgrace and prejudice of reformed Religion authoritie of the Lawes and Liberties of the Church and Kingdome weakning his Majesties authoritie disgracing the profession and practice which hee holdeth in the Communion of the Church where hee liveth and branding of Reformed Churches with the foule aspersions of Idolatrie and superstition wee protest before God and man That what shall bee done in this kinde may not redound to the disgrace or disadvantage of Reformed Religion nor be reputed a deed of the Church of Scotland Wee protest that wee imbrace and hold that the Religion presently professed in the Church of Scotland according to the Confession therof received by the Estates of this Kingdome and ratified in Parliament the yeare 1567. is the true Religion bringing men to eternall Salvation and do detest all contrarie errour Wee protest that Episcopall government in the Church is lawfull and necessarie and that the same is not opposed and impugned for any defect or fault either in the government or Governours but by the malice and craft of the Devill envying the successe of that government in this Church these many yeares by-past most evident in planting of Churches with able and learned Ministers recovering of the Church rents helping of the Ministers stipends preventing of these jarres betwixt the King and the Church which in former times dangerously infested the same keeping the people in peace and obedience and suppressing of Poperie which in respect either of the number of their professors or boldnesse of their profession was never at so low an ebbe in this Kingdome as before these stirres We protest that seeing these who for scruple of conscience did mislike the Service Book Canons and High Commission which were apprehended or given forth to be the cause of the troubles of this Church have now received satisfaction and his Majestie is graciously pleased to forget and forgive all offences by-past in these stirres that all the subjects of this Kingdome may live in peace and Christian love as becommeth faithfull subjects and good Christians laying aside all hatred envie and bitternesse And if any shall refuse so to do they may beare the blame and be thought the cause of the troubles that may ensue and the same bee not imputed to us or any of us who desire nothing more then to live in peace and concord with all men under his Majesties obedience and who have committed nothing against the Lawes of the Kingdome and Church that may give any man just cause of offence and are so farre from wishing hurt to any man in his person or estate notwithstanding all the indignities and injuries wee have suffered that for quenching this present combustion and setling peace in this Church and Countrey wee could bee content after clearing of our innocencie of all things wherewith wee can bee charged not onely to lay downe our Bishopricks at his Majesties feet to bee disposed of at his Royall pleasure but also if so bee it pleased God to lay downe our lives and become a sacrifice for this attonement We protest in the sight of God to whom one day we must give account that we make use of this Declinator and Protestation out of the conscience of our dutie to God and his Church and not out of feare of any guiltinesse whereof any of us is conscious to himselfe either of wickednesse in our lives or miscarriage in our callings being content everie one of us for our owne particular as wee have never showne our selves to be otherwise to undergo the lawfull and most exact triall of any competent judicatorie within this Kingdome or of his Majesties High Commissioner And we most humbly intreat his Grace to intercede with the Kings Majestie that he may appoint a free and lawfull Generall Assemblie such as Gods word the practice of the Primitive Church and Lawes of the Kingdome do prescribe and allow with all convenient speed to the effect the present distractions of the Church may bee setled And if there be any thing to be laid to the charge of any of the Clergie of whatsoever degree either in life and manners or doctrine or exercise of his calling and jurisdiction hee may bee heard to answer all accusations and abide all triall
complete body exhorted them to stand by the Confession of Faith as it was sworn in 1581. After he had done Our Commissioner desired the Moderatour to say prayer and so to dismisse the Assembly which he was about to doe but was hindered by the Lords who fell againe with new perswasions to urge Our Commissioners stay with them which he answered with so much expression of griefe for there misdemeanours which had necessarily inforced this rupture that verie many of the Assembly seemed to be much moved with it When nothing could perswade his stay at last some of the Lords told him that fearing this rupture they had a protestation ready against what he had said and done which they desired him to heare read which so soone as the Clerk begun to read Our Commissioner repeated his former protestation adding in expresse words that in Our name hee dissolved the Court under the higest paines and so came out with the Lords of Our Councell leaving the Clerk reading their protestation When he came to the Church doore he found it shut so that some of his company were glad to force it open No sooner was he gone but the Lord Areskyn eldest son to the Earle of Marr stood up and made this wise speech not without teares My Lords and the rest my heart hath beene long with you I will dallie no more with God I begge to bee admitted into your blessed Covenant and pray you all to pray to God for me that he would forgive me for dallying with him so long Three others of meaner qualitie desired the same and so all those foure were presently admitted into their Covenant These men at least the Lord Areskyn were resolved to enter into their Covenant long agoe but were reserved on purpose for doing of it at that houre for the greater glory of their Covenant For no sooner had they sworn the Moderator received them by the hand but presently he desired the whole audience to admire Gods approbation and sealing of their proceedings that even at that instant when they might have feared some shrinking and back-sliding because of the present rupture He had moved the hearts of these men to begge admittance into their blessed societie Immediatly after divers stood up and spake but all much about one and to this sense They had seene how carefull and punctuall Our Commissioner was like a good servant faithfully to serve Us his Master and to observe Our instructions speaking withall much to his singular commendation how much more then ought they to be carefull to bee found faithfull in following his instructions who was Master as to all themselves so even to him who was Our Commissioners Master These speeches being ended two things were immediately put to the question First whether notwithstanding Our Commissioners departure and protestation they would adhere to their owne protestation and continue the Assembly They all voyced affirmatively except the Lord Carnaegie Commissioner from the Presbyterie of Brichen Sir John Carnaegie Commissioner from the Presbyterie of Arbroath two Ministers Commissioners from the Presbyterie of Strabogie the lay Elder and Ministers Commissioners from the Presbyterie of Peebles Doctor Strang Principall of the Colledge of Glasgow Doctor Baroune Commissioner from the Universitie of S. Andrewes with some others who refused to sit with them any longer The second was whether the Assembly though discharged by Our Commissioner was competent Judge to the Bishops and whether they would goe on in their tryall notwithstanding the reasons conteyned in their Declinator and this passed affirmatively without one contrarie voyce and so for that night the Assembly was dismissed Our Commissioner after he had left the Assemblie that very night though late assembled Our Councell none were absent except the Earle of Argyle who made some excuse and pretence for his not comming and the Lord Almond who was then sick Two things Our Councell resolved on first to write unto Us a letter of thanks for those gracious proffers which Wee by Our Commissioner had made at the Assembly Next to draw up a Proclamation for the dissolving of the Assembly Their Letter here followeth Most Sacred Soveraigne IN obedience to your Majesties Royall commands we have attended your Majesties Commissioner here at Glasgow since the 17. of this instant and according to our bound dutie in so exigent occasion have not been wanting with our humble and best advices And although wee doe remit the particular relation of what is past to his Graces selfe as best knowne to him yet we cannot for truths sake be so silent as not acknowledge to your Majestie that never servant did with more industry care judgement and patience goe about the discharge of so great a trust And albeit the successe hath not answered his desires neither yet his extraordinarie paines and as wee may confidently affirme most dexterous and advised courses taken to compasse the just command of so gracious a King yet his deserving herein merits to be remembred to posteritie And since your Majesty hath been pleased to renew to us your former act of grace expressed in your Proclamation and Declaration anent the maintenance of the true Religion and we in the defence and profession thereof wee doe all in humilitie and hearty acknowledgement of so great goodnesse returne to your Majesty the offer of our lives and fortunes in defence of your Sacred person and maintenance of your Royall Authority and shall in all our actions approve our selves your Majesties most loyall subjects and humble servants Sic subscribitur Traquaire Roxburgh Marre Murray Lithgow Perth Wigtoun Kingorne Tullibardin Haddington Galloway Annandaile Lauderdail Kinnoul Dumfreis Southesk Angus Elphinstoun Naper Dalyell Hay W. Elphinstoun Ja. Carmichael Hamiltoun Blackhall From Glasgow Novem. 28. 1638. TO this Letter the Lord of Argyle refused to set his hand Next morning the Proclamation was signed by Our Commissioner and Councell but the Earle of Argyle refused to signe it as before hee had done the Letter The Proclamation here followeth CHARLES by the grace of God King of Scotland England France and Ireland Defender of the Faith To Our Lovits Heraulds Pursevants Our Sheriffes in that part conjunctly and severally specially constitute greeting Forsameikle as out of the royall and fatherly care which We have had of the good and peace of this Our ancient and native Kingdome having taken to Our serious consideration all such things as might have given contentment to Our good and loyall subjects And to this end had discharged by Our Proclamation the Service Booke Booke of Canons and high Commission freed and liberate all men from the practising of the five Articles made all Our subjects both ecclesiasticall and civill liable to the censure of Parliament generall Assembly or any other Judicatorie competent according to the nature and qualitie of the offence and for the free entrie of Ministers that no other oath be administrate unto them then that which is contained in the Act of Parliament had declared all by-gone
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
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
it was delivered to him by Our Councell who sent for him being then prisoner in the Castle of Edinburgh he did before that Table receive on his knees with the highest magnifying of Our mercie with the humblest acknowledgments of those infinite obligations by which he and his family stood for ever engaged in the service of Us and Our Crowne with the deepest protestations of all loyall quiet and peaceable deportment of himselfe ever hereafter and of bending all his endeavours to attend upon all Our Royall courses and commandements so that Our Councell remonstrated unto Us that Wee had bestowed Our mercie and grace upon a man of whom there could not be the least suspicion of his aversenesse from Our service at any time hereafter but of whom they might safely promise all forwardnesse and alacritie in all Our just courses whensoever it should please Us to use him And now this same pardoned Lord Balmerino being one of the chiefe contrivers and most malicious prosecutors of this wicked Covenant made against Us and Our authoritie how he can be able to answere it to God Us and Our Crowne his owne conscience or to the world even in the point of honour and reputation it must be left to the world to judge By this now which hath been said We suppose it is plain that before either the Service Book or Book of Canons so tragically now exclaimed against were thought on the seeds of sedition and discontent were sowne by the contrivers of the late Covenant first upon the occasion of our Revocation next upon occasion of Our Commission of Surrenders and lastly upon the occasion of Our denying Honours to some of them at Our last being in that Kingdome which caused first their traducing of Our proceedings in our last Parliament held there and then produced that infamous Libell And now by this time sedition was growne so ripe and readie to seed that it wanted nothing to thrust it out and make it shoot forth into an open Rebellion but some faire and specious pretence They could not yet compasse the cloake of Religion whereby to siele the eyes and muffle the face of the multitude for by none of all the three former occasions could they so much as pretend that Religion was endangered or impeached But so soon as they got but the least hint of any thing which they thought might admit a misconstruction that way they lost no time but took Occasion by the forelock knowing that either that or nothing would first facilitate and then perfect their designes Now the occasion they tooke of fetching Religion within the reach of their pretences was this Our Father of blessed memorie immediately after his comming into England comparing the decencie and uniformitie of Gods worship here especially in the Liturgie of the Church with that diversitie nay deformitie which was used in Scotland where no set or publike forme of prayer was used but Preachers or Readers and ignorant Schoolmasters prayed in the Church sometimes so ignorantly as it was a shame to all Religion to have the Majestie of God so barbarously spoken unto sometimes so seditiously that their prayers were plaine Libels girding at Soveraigntie and Authoritie or Lyes being stuffed with all the false reports in the Kingdome He did immediately as became a Religious Prince bethinke himselfe seriously how His first reformation in that Kingdome might begin at the publike worship of God which Hee most truely conceived could never be happily effected untill such time as there should be an unitie and uniformitie in the publike Prayers Liturgie and Service of the Church established throughout the whole Kingdome Concerning this His Royall and Religious designe divers consultations for many yeares were had with the Bishops and others of the Clergie of most eminent note in that Kingdome But these deliberations as it happeneth manie times in businesse of so pious and ponderous importance received some opposition and manie intermissions untill the yeare 1616. in a Generall Assemblie which is answerable to the Convocation of the Clergie here in England held at Aberdene in August Our Royall Father by His Letters and the vehement instance of His Commissioners then and there present easily made apparent to that whole Assembly not onely the conveniencie but indeed the necessitie of a publike Liturgie to be settled throughout the whole Land Which moved that Assemblie to passe an Act whereby they authorised some of the present Bishops and divers others to compile and frame a publike forme of Liturgie or Booke of Common Prayer which should first be presented to Our Royall Father and after His approbation should be universally received throughout the Kingdome This Booke in pursuance of that Act of Assembly being by those who were deputed for that purpose framed was by the Lord Archbishop of Saint Andrewes that now liveth sent up to Our Royall Father who not onely carefully and punctually perused everie particular passage of it himselfe but had it also considerately advised with and revised by some of that Kingdome here in England in whose judgement He reposed singular trust and confidence and after all His owne and their observations additions expunctions mutations accommodations He sent it backe to those from whom He had received it to be commended to that whole Church being a Service Booke in substance frame and composure much about one with this verie Service Booke which We of late commended to them and which undoubtedly then had been received in that Church if it had not pleased Almightie God that while these things were in doing and before they could receive their much wished and desired period and consummation to the invaluable losse as of the whole Church of God so particularly of that Church of Scotland to translate Our blessed Father from His temporall Kingdomes to that which is eternall Wee by the grace of God succeeding to Our royall Father were desirous to make it knowne to the world that Wee did not hold it a greater honour to succeed Him in His Crownes then to be His Successour in His Princely vertues and especially in that in which He was most eminent His singular pietie and religious care of the publique service of God which finding here in this Kingdome of England by His singular wisedome and vigilancie setled even to the admiration if not envie of all other Churches We resolved by the grace of God to pursue that His Pious and Princely designe for setling a publike Liturgie in that Our Kingdome of Scotland it having beene so happily atchieved facilitated and almost perfected by Him To which purpose We caused the same Service Booke transmitted by Him to that Church to be remitted and sent backe to Us that after Our perusall and alterations if any should be found either necessarie or convenient it might likewise receive Our Royall authoritie and approbation We having received that Book and after many serious consultations had with divers of Our Bishops and Clergie of that Kingdome then here present with Us and
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
his profane Sacrifice for the sins of the dead and the quick his Canonization of men calling upon Angels or Saints departed worshipping of Imagerie Relicks and Crosses dedicating of Kirks Altars Daies Vowes to creatures his Purgatorie praiers for the dead praying or speaking in a strange language with his Processions and blasphemous Letanie and multitude of Advocates or Mediators his manifold Orders Auricular Confession his desperate and uncertaine repentance his generall and doubtsome faith his satisfactions of men for their sins his justification by works opus operatum works of supererogation Merits Pardons Peregrinations and Stations his holy VVater baptising of Bels conjuring of Spirits crossing saning anointing conjuring hallowing of Gods good creatures with the superstitious opinion joined therewith his worldly Monarchy and wicked Hierarchie his three solemne vowes with all his shavelings of sundry sorts his erroneous and bloudie decrees made at Trent with all the subscribers and approvers of that cruell and bloudie Band conjured against the Kirk of God and finally we detest all his vain Allegories Rites Signs and Traditions brought in the Kirk without or against the VVord of God and Doctrine of this true reformed Kirk to the which we joyne our selves willingly in Doctrine Faith Religion Discipline and use of the Holy Sacraments as lively members of the same in Christ our Head promising and swearing by the Great Name of the Lord our GOD that we shall continue in the obedience of the Doctrine and Discipline of this Kirk and shall defend the same according to our vocation and power all the dayes of our lives under the paines contained in the Law and danger both of body and soule in the day of Gods fearfull Judgement and seeing that many are stirred up by Satan and that Romane Antichrist to promise sweare subscribe and for a time use the Holy Sacraments in the Kirk deceitfully against their owne consciences minding thereby first under the externall cloake of Religion to corrupt and subvert secretly Gods true Religion within the Kirk and afterward when time may serve to become open enemies and persecuters of the same under vaine hope of the Popes dispensation devised against the Word of God to his greater confusion and their double condemnation in the day of the LORD JESUS We therefore willing to take away all suspition of hypocrisie and of such double dealing with God and his Kirk Protest and call The Searcher of all hearts for witnesse that our minds and hearts do fully agree with this our Confession Promise Oath and Subscription so that we are not moved for any worldly respect but are perswaded only in our Consciences through the knowledge and love of Gods true Religion printed in our hearts by the holy Spirit as we shall answer to Him in the day when the secrets of all hearts shall be disclosed And because we perceive that the quietnesse and stability of our Religion and Kirk doth depend upon the safety and good behaviour of the Kings Majestie as upon a comfortable instrument of Gods mercy granted to this Countrey for the maintaining of His Kirk and ministration of Justice amongst us wee protest and promise with our hearts under the same Oath Hand-writ and paines that wee shall defend His Person and Authority with our goods bodies and lives in the defence of Christ his Evangel Liberties of our Countrey ministration of Justice and punishment of iniquity against all enemies within this Realme or without as we desire our God to be a strong and mercifull Defender to us in the day of our death and comming of our Lord Jesus Christ To whom with the Father and the Holy Spirit be all honour and glorie eternally LIke as many Acts of Parliament not onely in generall doe abrogate annull and rescind all Lawes Statutes Acts Constitutions Canons civill or Municipall with all other Ordinances and practicke penalties whatsoever made in prejudice of the true Religion and Professours thereof Or of the true Kirk discipline jurisdiction and freedome thereof Or in favours of Idolatrie and superstition Or of the Papisticall Kirk As Act. 3. Act. 31. Parl. 1 Act. 23. Parl. 11. Act. 114. Parl. 12. of King James the sixt That Papistrie and Superstition may be utterly suppressed according to the intention of the Acts of Parlament reported in Act. 5. Parl. 20. K. James 6. And to that end they ordaine all Papists and Priests to be punished by manifold Civill and Ecclesiasticall paines as adversaries to Gods true Religion preached and by law established within this Realme Act. 24. Parl. 11. K. James 6. as common enemies to all Christian government Act. 18. Parl. 16. K. James 6. as rebellers and gainstanders of our Soveraigne Lords authoritie Act. 47. Parl. 3. K. James 6. and as Idolaters Act. 104. Parl. 7. K. James 6. but also in particular by and attour the Confession of faith do abolish and condemne the Popes authoritie and jurisdiction out of this land and ordaines the maintainers thereof to be punished Act. 2. Parl. 1. Act. 51. Parl. 3. Act. 106. Parl. 7. Act. 114. Parl. 12. K. James 6. do condemne the Popes erroneous doctrine or any other erroneous doctrine repugnant to any of the Articles of the true and Christian Religion publikely preached and by Law established in this Realm And ordaines the spreaders and makers of Books or Libels or Letters or writs of that nature to be punished Act. 46. Parl. 3. Act. 106. Parl. 7. Act. 24. Parl. 11. K. James 6. doe condemne all Baptisme conform to the Popes kirk and the idolatry of the Masse and ordaines all sayers wilfull hearers and concealers of the Masse the maintainers and resetters of the Priests Jesuites traffiquing Papists to be punished without any exception or restriction Act. 5. Parl. 1. Act. 120. Parl. 12. Act. 164. Parl. 13. Act. 193. Parl. 14. Act. 1. Parl. 19. Act. 5. Parl. 20. K. James 6. do condemne all erroneous books and writs containing erroneous doctrine against the Religion presently professed or containing superstitious Rites and Ceremonies Papisticall whereby the people are greatly abused and ordaines the homebringers of them to be punished Act. 25. Parl. 11. K. James 6. do condemn the monuments and dregs of bygane Idolatrie as going to Crosses observing the Festivall dayes of Saincts and such other superstitious and Papisticall Rites to the dishonour of God contempt of true Religion and fostering of great errour among the people and ordaines the users of them to be punished for the second fault as Idolaters Act. 104. Parl. 7. K. James 6. Like as many Acts of Parlament are conceived for maintenance of Gods true and Christian Religion and the puritie thereof in Doctrine and Sacraments of the true Church of God the libertie and freedome thereof in her Nationall Synodall Assemblies Presbyteries Sessions Policie Discipline and Jurisdiction thereof as that puritie of Religion and libertie of the Church was used professed exercised preached and confessed according to the reformation of Religion in this Realm As for instance
man before his Father that confesseth him before men All of these and each of them besides your Lordships personall and particular obligations to God doe call for no lesse at your Lordships hands in the cause of so great and singular necessitie and we also doe expect so much at this time according as your Lordship at the houre of death would be free of the terrour of God and be refreshed with the comfortable remembrance of a word spoken in season for Christ Jesus King of Kings and Lord of Lords OUr Commissioner in the meane time resolved to publish Our gracious Declaration for relieving of their grievances and satisfying Our people in Our forwardnesse for the maintenance of the Religion professed in that Kingdome and Our aversnesse from Poperie which they of the Covenanters Table having notice of being above all things afraid that Our people should receive any satisfaction from Us or rest contented with the grace of Our reasonable proffers of favour did mightily repine at came to Our Commissioner and wished him for Our honour his owne safetie and peace of the publike not to make any such Declaration which undoubtedly would be encountred with a Protestation and that in such manner as would be displeasing to him and make the publishing of that Declaration be found disserviceable unto Us. Our Commissioner being perplexed with these unexpected and dangerous difficulties resolved by faire proceedings to gaine so much time untill he might make Us acquainted with them and receive Our answer and instructions concerning them In his Letters of advice he acquainted Us with the danger threatned if he should publish Our Declaration which though he knew to be full of grace yet the heads of the Covenant would never suffer the multitude of their members to understand it so Two things he desired of Us One that in case Wee continued in Our resolution of publishing Our Declaration Wee would be pleased to sweeten it with this further favour as to restore to the citie of Edinburgh the sitting of Our Councell Our Session and all other Courts of Justice which he conceived would be very acceptable to Our Councellors Judges to all Advocates and all dependents upon the Law to all Our subjects which had businesse depending in any of these Courts but most of all to the citie of Edinburgh which complained much of their being impoverished by absence of these Courts and that this was like to prove a most probable perswasion for reclaiming them to their former obedience Next that We would be pleased to give him leave to take a journy unto Us though he should returne presently that he might acquaint Us with the new emergencies of businesses and such other things as could not be conveniently expressed in Letters and so accordingly receive instructions from Us for his carriage To which Letters of advice Wee did returne by a speedie dispatch this answer That We would have Our Declaration no longer delayed but commanded him presently to publish it because Wee would not whatsoever the event should be have Our people barred the knowledge of Our Gracious intentions and favours towards them which We did see the leaders of them studied nothing more then to suppresse And that at his intreatie Wee were contented that all the Courts of Justice should presently begin to sit againe at Edinburgh for the reasons contained in his Letters and in hope of reclaiming of that Citie which otherwise by their misdemeanour had no reason to expect any such favour from Us And withall after the dispatch of these two that Wee were contented hee should repaire to Us as hee desired whensoever hee should finde it convenient taking first order with Our Councell for keeping all things in order untill his returne This answer of Ours so soone as Our Commissioner received he assembled Our Councell and made them acquainted with it who were so well satisfied with the bringing back of Our Courts of Justice to Edinburgh that presently they sent unto Us a Letter of thanks of this tenour Most Sacred Soveraigne THe Marquesse of Hamiltoun your Majesties Commissioner having imparted unto us your Majesties gracious pleasure and allowance that the Judicatories of the Councell of Session and others should be returned to the Citie of Edinburgh Thereupon the Lord Commissioner being present order was given for publication at the Market Crosse of Edinburgh with all solemnities requisite and that the like publication should be made throughout the whole Kingdome at all publike places This hath given so great contentment to all your Majesties subjects that we cannot expresse with what dutifull respect and heartie prayers for your Majestie they have embraced this great and undeserved favour In consideration whereof wee conceive our selves bound in dutie to acquaint your Majestie herewith and withall to render to your Majestie most humble and heartie thanks for this so great grace and goodnesse which wee hope shall contribute to the good of your Majesties service and to establishing the peace of the Countrie for the which we all your Majesties good subjects shall ever bee most thankfull and all in dutie bound to pray for your Majesties long and happie Reigne Holy-rood-house July 2. 1638. Subscribitur Traquaire Roxbrugh Mar Morton Winton Lithgow Wigtonne Kingorne Hadinton Lauderdaile Kinoul Southesk Lorne Naper Dalyell Ihay Ja Carmithaell Thomas Hop John Hammilton ANd accordingly Our Commissioner caused Proclamation to be made at the Crosse of Edinburgh for the first sitting downe of the Session there the Tuesday following being the third of July 1638. which was received with such joy by the Judges Advocates and all others having relation to the Colledge of Justice but above all by the Magistrates and Citizens of Edinburgh that Our Commissioner and Councell did then well hope all mens minds had beene well prepared to receive the Declaration of Our Grace and favour which was to bee published in the next Proclamation with an humble and thankfull acknowledgment which undoubtedly they had done if they had not beene not onely diverted but perverted by those men who interpreted every satisfaction of Our subjects received from Us to be a dividing and pulling them away from themselves And therefore they quickly cast about to finde out some meanes how this Our speciall favour might not be resented by them which was this They assured their followers that there were two of the Lords of Our Session viz. Sir Robert Spotswood President of the same and Sir John Hay Our Clerk of Register answerable to the Master of the Rolles here in England sworne enemies to their Covenant well affected to Episcopall government procurers and abettors of the pretended Innovations that unlesse these two were presently removed from Our Session there could be no good intended to them by the bringing of it back to Edinburgh and therefore advised them to send some of their number to Our Commissioner to desire that these two Our Judges might presently bee removed from that Court Not that they who put this in their
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
inability and rebellion to Gods law our justification by faith onely our imperfect sanctification and obedience to the law the nature number and use of the holy Sacraments His five bastard Sacraments with all his rites ceremonies and false doctrine added to the ministration of the true Sacraments without the word of God His cruell iudgment against infants departing without the Sacrament His absolute necessitie of Baptisme His blasphemous opinion of Transubstantiation or reall presence of Christs bodie in the elements and receiving of the same by the wicked or bodies of men His dispensations with solemne oathes perjuries and degrees of marriage forbidden in the word His crueltie against the innocent divorced His divellish Masse His blasphemous Priesthood His profane sacrifice for the sinnes of the dead and the quicke His canonization of men calling upon Angels or Saints departed worshipping of imagerie reliques and crosses dedicating of Kirks altars dayes vowes to creatures His purgatory praiers for the dead praying or speaking in a strange language with his processions and blasphemous letanie and multitude of advocates or mediatours His manifold orders auricular confession His desperate uncertaine repentance His generall and doubt some faith His satisfactions of men for their sins His justification by works Opus operatum works of supererogation merits pardons peregrinations and stations His holy water baptising of bells conjuring of spirits crossing sauing anointing conjuring hallowing of Gods good creatures with the superstitious opinion joyned therewith His worldly Mornarchy and wicked Hierarchy His three solemne vowes with all his shavellings of sundry sorts His erroneous and bloudy decrees made at Trent with all the subscribers and approvers of that cruell and bloudy band conjured against the Kirke of God And finally we detest all his vaine allegories rites signes and traditions brought in the Kirk without or against the word of God and doctrine of this true reformed Kirk To the which wee joyn our selves willingly in doctrine faith Religion discipline and use of the holy sacraments as lively members of the same in Christ our head promising and swearing by the great Name of the Lord our God that we shall continue in the obedience of the doctrine and discipline of this Kirk and shall defend the same according to our vocation and power all the dayes of our lives under the paines contained in the law and danger both of body and soule in the day of Gods fearfull judgement And seeing that many are stirred up by Satan and that Roman Antichrist to promise sweare subscribe and for a time use the holy Sacraments in the Kirk deceitfully against their owne consciences minding hereby first under the externall cloak of Religion to corrupt and subvert secretly Gods true Religion within the Kirk and afterward when time may serve to become open enemies and persecuters of the same under vaine hope of the Popes dispensation divised against the word of God to his greater confusion and their double condemnation in the day of the Lord Jesus We therefore willing to take away all suspition of hypocrisie and of such double dealing with God and his Kirk protest and call the Searcher of all hearts to witnesse that our minds and hearts do fully agree with this our confession promise oath and subscription So that we are not moved for any worldly respect but are perswaded only in our consciences through the knowledge and love of Gods true Religion printed in our hearts by the holy Spirit as we shall answer to him in the day when the secrets of all hearts shall be disclosed And because wee perceive that the quietnesse and stability of our Religion and Kirk doth depend upon the safety and good behaviour of the Kings Majestie as upon a comfortable instrument of Gods mercie granted to this countrey for the maintenance of his Kirk and ministration of justice amongst us we protest and promise with our hearts under the same oath hand-writ and paines that we shall defend his person and authority with our geare bodies and lives in the defence of Christ his Evangel liberties of our Countrey ministration of justice and punishment of iniquity against all enemies within this Realme or without as we desire our God to be a strong and mercifull defender to us in the day of our death and comming of our Lord Jesus Christ to whom with the Father and the holy Spirit be all honour and glory eternally Amen WEe under-subscribing and considering the strait linke and conjunction betwixt the true and Christian religion presently profest within this realme and Soveraigne Lords estate and standing having both the selfe same friends and common enemies and subject to the like event of standing and decay and weighing therewithall the imminent danger threatned to the said religion the preservation whereof being dearer to us then whatsoever we have dearest to us in this life And finding in his Majestie a most honourable and Christian resolution to manifest himselfe to the world that zealous and religious Prince which he hath hitherto professed and to imploy the meanes and power that God hath put into his hands as well to the withstanding of whatsoever forraigne force shall meane within this land for alteration of the said religion or endangering of the present state as to the repressing of the inward enemies thereto amongst our selves linked with them in the said Antichristian league and confederacie Have therefore in the presence of Almightie God and with his Majesties authorising and allowance faithfully promised and solemnely sworne like as hereby we faithfully and solemnly sweare and promise to take a true effauld and plaine part with his Majestie amongst our selves for diverting of the appearing danger threatned to the said Religion and his Majesties state and standing depending thereupon by whatsoever forraigne or intestine plots or preparations And to that effect faithfully and that upon our truth and honours binde and oblige us to others to conveene and assemble our selves publikely with our friends in arms or in quiet manner at such times and places as we shall be required by his Proclamations or by writ or message direct to us from his Majesty or any having power from him And being conveened and assembled to join and concurre with the whole forces of our friends and favourers against whatsoever forraigne or intestine powers or Papists and their partakers shall arrive or rise within this Iland or any part thereof ready to defend or pursue as we shall be authorised and conducted by his Majesty or any others having his power and commission to join and hold hand to the execution of whatsoever mean or order shall be thought meet by his Majesty and his Councell for suppressing of the Papists promotion of the true Religion and setling of his Highnesse estate and obedience in all the countries and corners of this Realme to expound and hazzard our lives lands and goods and whatsoever meanes God hath lent us in the defence of the said true and Christian Religion and his Majesties person
and other places needfull and there by open Proclamation to make publication of the holding of the said Parliament and to warne all and sundry Noblemen Prelates and Commissioners for the Barons and Burrowes and all others having voice and place in the said Parliament that they and every one of them in their most decent and comely manner make their addresse to the said Parliament attend and await thereat during the time thereof and to discharge that duty which is incumbent to them and each one of them as they will answer on the contrary at their perill ANd last of all was published and proclaimed first the Act of the Lords of Our Councel for requiring all Our subjects to subscribe the said Confession of Faith and Band annexed which here followeth At Holy-rood-house the 24. day of September Anno 1638. THe which day a Noble Earle JAMES Marquesse of Hamiltoun Earle of Arran and Cambridge his Majesties Commissioner having produced and exhibit before the Lords of secret Councell upon the twenty second day of this instant a warrant signed by his Majestie of the date the ninth of September instant wherein among others of his Majesties gracious and royall expressions for preservation of the purity of Religion and due obedience to his Majesties authoritie in the maintenance thereof his Majestie did will and ordaine that the Lords themselves should sweare the Confession and generall Band mentioned in his Majesties said warrant and also should take such order as all his Majesties lieges may subscribe the same And the said Lords of secret Councell acknowledging his Majesties pious and gracious disposition and affection to the purity of Gods truth did upon the 22. day of September instant unanimously and with all humble hearty and sincere affection sweare and subscribe the confession of Faith dated the second of March 1580. according as it was then profest within this Kingdome Together with the foresaid generall Band dated in Anno 1589. And now to the effect that all his Majesties lieges may give the like obedience to his Majesties so pious desire therefore the said Lords have ordained and ordaines all his Majesties lieges of whatsoever estate degree or qualitie Ecclesiasticall or Civill to sweare and subscribe the said Confession dated the second of March 1580. and that according to the said date and tenour thereof and as it was then profest within this Kingdome Together with the said generall Band dated in Anno 1589. as they will answer at the contrarie upon their obedience And ordaines officers of Armes to passe to the market crosse of Edinburgh and make publication hereof and at all other places needfull wherethrough none pretend ignorance of the same ANd next after that was proclaimed the Commission of the Lords of Our Councell whereby they appointed and designed severall Commissioners for requiring and taking the subscriptions of Our subjects to the said Confession and Band annexed throughout the severall Shires within the Kingdome which here followeth At Holy-rood-house the 24. day of September Anno 1638. FOrsomuch as a noble Marquesse James Marquesse of Hamiltoun Earle of Arran and Cambridge his Majesties Commissioner and the Lords of Secret Councell by an act of the date of the twenty second of this instant have by speciall warrant of his sacred Majestie sworne and subscribed with all humble and heartie affection and unanimously the Confession of Faith dated the second of March 1580. and at length insert in the Bookes of Privie Councell of and according to the said date and tenour thereof and according as it was then profest within this kingdome Together with the generall Band insert therewith in the said bookes of Privie Councell dated in Anno 1589. Like as also the said Lords of Councell by their Act of the date of these presents acknowledging his Majesties pious and gracious disposition and affection to the puritie of Gods truth and as thereby they conceive themselves bound in conscience and humble dutie to use and follow forth all possible diligence for procuring the subscriptions of all his Majesties Lieges thereto And to this effect have thought fit that the care and diligence in procuring thereof be committed to some of his Majesties Councell and others of the Nobilitie and Gentrie within the severall Sheriffedomes and Provinces of the Kingdome in manner after specified Therefore the said Lord Commissioner and Lords of secret Councell give power warrant and commission to such of their number and others after-following within the bounds after specified viz. For the sheriffedome of Edinburgh principall William Earle of Lothiane Archibald Lord Naper S. John Dalmahoy of that ilke S. George Towers of Innerleith For the Burgh of Edinburgh the Provost and Baillies of Edinburgh that are or shall be for the time For East-lothiane Robert Earle of Roxburgh Lord privie Seale Thomas Earle of Hadintoun John Earle of Lauderdaill Harrie Lord Ker S. Patrick Murrey of Elibanke S. Patrick Hepburne of Wauchtoun and James Maxwel of Innerweik For the Stewartie of Dalkeith John Earle of Traquair Lord Treasurer William Earle of Dalhoussie and S. James Macgill of Cranstonriddell For the sheriffedome of Peebles and Ettrick forrest the said Lord Treasurer and John Lord Yester For the sheriffedome of Selkirke the said Lord Treasurer the Earle of Hadintoun S. William Scot of Harden and Generall Ruthven For the sheriffedome of Roxburgh the Lord Privie-seale the Earle of Lauderdaill the Lord Ker S. Andro Ker of Greenhead S. William Dowglas Sheriffe of Tiviotdaill and S. Thomas Ker of Cavers For the Sheriffedome of Bervick the said Lord Privie-Seale James Earle of Home the Earles of Hadintoun and Lauderdaill and Laird of Blacader For the sheriffedome of Fyffe John Earle of Rothes Charles Earle of Dumfermeline John Earle of Annandaill John Earle of Wemes Lord Fentoun John Lord Lindsey David Lord Balcarres S. Thomas Hope of Craighall Knight Baronet His Majesties Advocate S. Alexander Gibson of Durie Sir James Learmonth of Balcolmie and S. Andrew Murrey of Balvaird For the sheriffedome of Linlithgow Alexander Earle of Linlithgow James Lord Amont S. John Hammiltoun of Orbeston Justice clerk Dundas of that ilk and M. George Dundas of Manner For the sheriffedome of Lanerk John Earle of Wigtoune Archibald Lord Angus Lord Fleeming Robert Lord Dalyell S. William Elphinstoun chiefe Justice Sir James Carmichaell of that ilk Treasurer Depute the said Justice-clerke S. James Lokhart younger of Lee Francis Douglas of Sandelands Gawin Hamiltoun of Raploche S. James Hamiltoun of Broom-hill Robert Hamiltoun of Torrence and Alexander Hamiltoun of Hags sheriffe For the sheriffedome of Striveling John Earle of Mar William Earle of Airth John Earle of Montrose Alexander Earle of Linlithgow John Earle of Wigtoun John Lord Flemming Alexander Lord Elphinstoun James Lord Amont and S. William Murray of Polmais For the sheriffedome of Dumfreis William Earle of Queinsberrie Master of Dalyell the Laird of Lag William Maxwell of Kirkhouse and John Dalyell of Newtoun For the sheriffdome of Clackmannan the said Earle
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
and power of Kirkmen Because we are bound to swear this Confession by vertue of comform unto the Kings command signed by his sacred Majestie of the date September 9. 1638. These are the very words subjoyned to the Confession and Band and prefixed to the Subscriptions and it cannot be denyed but any oath ministred unto us must either be refused or else taken according to the known mind professed intention and expresse command of Authority urging the same And it is most manifest that His Majesties mind intention and Commandement is no other but that the Confession be sworn for the maintenance of religion as it is already or presently professed these two being coincident altogether one and the same not only in our common form of speaking but in all His Majesties proclamations and thus as it includeth and conteineth within the compasse thereof the foresaid novations and Episcopacie which under that name were also ratified in the first Parliament holden by his Majestie And where it may be obiected that the Counsellours have subscribed the Confession of Faith as it was professed 1580. and will not urge the Subscription in another sense upon the Subiects We answer First the Act of Counsell containing that declaration is not as yet published by Proclamation Secondly if it were so published it behooved of necessity either be repugnant to His Maiesties declared Iudgement and Command which is more nor to sweare without warrand from Authority a fault although uniustly often obiected unto us or else we must affirme the Religion in the yeare 1580. and at this time to be altogether one and the same and thus must acknowledge that there is no novation of Religion which were a formall contradiction to that we have sworne 3. By approving the Proclamation anent the Oath to be administred to Ministers according to the Act of Parliament which is to swear simple obedience to the Diocesan Bishop and by warning all Archbishops and Bishops to be present as having voice and place in the Assemblie They seem to determine that in their Iudgment the Confession of Faith as it was professed 1580. doth consist with Episcopacie whereas We by our oath have referred the tryall of this or any other question of that kind to the generall Assembly Parliament 10. This subscription oath in the mind intention of authority consequently in our swearing thereof may consist with the corruptions of the Service book Canons which we have abjured as other heads of Poperie For both this present proclamation and his Majesties former proclamations at Linlithgow Striveling Edinburgh The Lords of privie Counsell in their approbation of the same and the prelates and doctors who stand for the Service book Canons Doe all speak plainly or import so much That these books are not repugnant to the Confession of Faith and that the introducing of them is no novation of religion or law And therefore we must either refuse to subscribe now or we must confesse contrary to our late Oath and to a cleare Truth That the Service book and Canons are no innovations in Religion And though the present books be discharged by proclamation yet if we shall by any deed of our owne testifie that they may consist with our Confession of Faith within a very short time either the same books or some other like unto them with some small change may be obtruded upon us who by Our abjuration if we adhere unto it have freed both our selves and the posteritie of all such corruptions and have laid a faire foundation for the pure worship of God in all time coming 11. Although there be indeed no substantiall difference between that which We have subscribed the Confession subscribed 1580. more then there is betweene that which is hid and that which is revealed A march stone hid in the ground and uncovered betwixt the hand closed and open betwixt a sword scheathed and drawn or betwixt the large Confession registrat in the Acts of Parliament and the short Confession or if we may with reverence ascend yet higher between the Old Testament the New yet as to scheath our sword when it should be drawn were imprudencie or at the commandement of Princes professedly popish in their dominions after the Subjects had subscribed both Confessions to subscribe the first without the second or at the will of a Iewish Magistrate openly denying the New Testament to subscribe the Old alone after that they have subscribed both were horrible impiety against God and Treacherie against the Truth Right so for Vs to subscribe the former a-part as it is now urged and framed without the explanation and application thereof at this time when ours is rejected and the subscribers of the former refuse to subscribe ours as containing something substantially different and urge the former upon us as different from ours and not expressing the speciall abjuration of the evils supplicated against by us were nothing else but to deny and part from our former subscription if not formally yet interpretatively Old Eleazar who would not seeme to eate forbidden meat and the Confessors and Martyrs of old who would not seeme by delivering some of their papers to render the Bible or to deny the Truth may teach us our dutie in this case although our lives were in hazard for refusing this Subscription And who knoweth but the LORD may be calling His people now who have proceeded so farre in professing His Truth at this time to such Trials and Confessions as His faithfull Witnesses have given of old that in this point also our doing may be a document both to the succeeding ages and to other Kirks to whom for the present we are made a spectacle 12. If any be so forgetfull of his oath which God forbid as to subscribe this Confession as it is now urged he doth according to the proclamation acquiesce in this declaration of his Majesties will and doth accept of such a pardon as hath need to be ratified in parliament And thus doth turne our glory unto shame by confessing our guiltinesse where God from Heaven hath made us guiltlesse and by the fire of His Spirit from Heaven hath accepted of our service And doth depart from the commandement of God the practise of the Godly in former times and the worthy and laudable example of our worthy religious progenitours in obedience whereof and conform to which We made profession to subscribe for there is no particular Act required of us to whom the pardon is presented in this proclamation but this new subscription allanerlie 13. The generall band now urged to be subscribed as it containeth many clauses not so fitting the present time as that wherein it was subscribed so is it deficient in a point at this time most necessary Of the reformation of our lives that we shall answerablie to our profession be examples to others of all Godlinesse sobernesse and righteousnesse and of every duty wee owe to GOD and main without
your Lordsh meanes for naming none I know not to whom I shall take my selfe nor doe I know what violence and threatnings you mean If you meane his Majesties Commissioners appointed by the King they requiring his subjects to subscribe the old Confession and Covenant by his authoritie now renewed and remonstrating unto them the danger they incurre by law in not obeying his Majesties commandement I hope that cannot bee called violence but duty the omission whereof must needs bee a violation of and violence offered to his Majesties sacred authority If other violences and threatnings they have used as your Lordsh seemeth to intimate for their obedience to his Majesties just authority I am sure your Lordsh will not call violence they must answer for it and shall whensoever your Lordsh shall make known the delinquents But alas my Lords Tell me now in good earnest whether you have heard they have used such violence in perswading this Covenant as hath beene used by your adherents in inforcing of yours hath the bloud of Gods servants his holy Ministers been shed which bloud I am affraid keepeth the vengeance of God still hanging over this Land have men beene beaten turned out of their livings and maintenance reviled and excommunicated in the Pulpits and a thousand more outrages acted upon them for not subscribing this Covenant have none who have subscribed your Covenant done it with blind and doubting minds If they have I beseech your Lordsh not to call his Majesties Councellours legall proceedings irreligious and unjust untill you have proved the piety and justice of the proceedings of your owne adherents For the other of your undertaking and promising for your parts that no man should be troubled till the Assembly and expecting the like from us truly I am glad I have it under your Lordsh hands for I think there are few houres of any one day since the indicting of the Assemblie that from all parts of this Kingdome I am not vexed with complaints of new processing of Ministers new with-holding of Ministers stipends unprocessed heavie complaints of Ministers of your owne Covenant that they are threatned and that sharply and bitterly for their declaring of their griefe in being barred of their freedome in the election of their owne Commissioners to the Generall Assembly and being borne down by the multitude of Lay voyces and menaced because of their protesting against the same The complaints of Ministers Non-Covenanters and Lay-Elders Non-Covenanters chosen by their Sessions to assist at the election of the Commissioners from the Presbyteries but turned backe for not having subscribed your Covenant and reviled with bitter words for being so pert as to come thither is this the performance of promising that no man shall bee troubled till the Assembly These are indeed preparations verie unfit to precede this Assembly they being so unpeaceable and like to take up much time in discussing at that great Meeting the illegality of these elections My Lord the truth is I shall be as carefull to see any wrong offered by his Majesties Commissioners in urging his Majesties authority punished when I shall know the offences and the offenders as I am heartily grieved at the proceedings of your Associats Here I am sure his Majesties Commissioners have been rather backward then forward but so have not your Lordsh adherents been for they have in verie many places proclaimed your Protestation where his Majesties Declaration hath not been proclaimed I hope your Lordsh will pardon my unusuall prolixitie for I confesse I am much troubled to see his Majesties good subjects led into such misconstructions of his pious and religious intentions towards them This my Letter I pray your Lordsh to communicate to the other Noble Lords who subscribed that to me To your selfe and them I pray your Lordsh commend the true respects of Your Lordsh. For the Earle of Cassills THis Letter it seemes gave them no satisfaction for they still continued their reports Besides they had the boldnesse by another Letter from the same Table sent likewise to Our Commissioner being then at Hammilton to expostulate with him that one of Our Ships at sea had searched a Scottish Merchants Ship for Ammunition when as they themselves before had searched a Merchants Ship for some Ammunition which We had sent for Scotland and would have seized upon it if they had not been prevented and immediately after a little English Vessell carrying Beere to some part of that Kingdome was likewise stayed and searched by them In the same Letter they quarrell with Our Commissioner for hindering the bringing of Horses from England thither which is unlawfull for any one to doe without a speciall licence from the Master of Our Horse The copie of their Letter filled with their ordinarie pretences of Religion and Our Commissioners Answer unto it be these Please your Grace AFter your parting from us we had knowledge from John Wilson Skipper and sundry of his Passengers newly arrived That being at Sea on his way from Holland hither one of his Majesties small ships of eight Peeces came aboard and searched him for Armes and Ammunition declaring they did the same by his Majesties Warrant We doe not so much value the hazzard of any prejudice as we are heartily grieved to find any such note of his Majesties displeasure differencing us from his other subjects when our own hearts and the Lord that searcheth them doth heare witnesse of our loyaltie and affection to his Majestie especially to have found it now when we are made so secure both by the hopes of obteyning from his Majesties favour by your mediation these ordinary and publike remedies that can fully settle this Church and State and by assurance from your Grace we should finde no such hard dealing during the time of your imployment amongst the subjects here who trust in your care to prevent speedily the inconvenience of this as you did in that other late particular anent the arrest of our horses in England We thinke this advertisment sufficient to your Grace who is wounded through our sides if wee suffer any thing in this time being so farre interessed to vindicate us from such prejudice who doe acknowledge our selves to be Edinb the 28. Septemb. 1638. Your Graces humble servants Rothees Montrose Home Weymse Lindesay Boyd Londone Balmerino Dalhousie Forrester Elcho Craustoune Baltarres Burghly Lothiane My Lord I Have received a Letter this day signed by your Lordsh and sundry other Noblemen making mention that one John Wilson Skipper being on his way from Holland hither was searched by one of his Majesties small ships This is no new nor unaccustomed thing for commonly the Captains of his Majesties ships during the time of being at sea doe take notice what the loadings of all such ships are as they meet with who trade in the Channell it being a prerogative that belongs to his Imperall Crown I am perswaded that your Lordsh and the rest of my Lords cannot thinke but if
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
this assemblie under the paine of treason and after seven dayes sitting declare all Acts made or hereafter to be made in this Assemblie to be of no force nor strength and that for such causes as are either expressed in his Maiesties former proclamations and so are answered in our former protestations or set downe in the declinatour and protestation presented in name of the Prelats which are fully cleared in our answer made thereto or else were long since proponed by the Commissioner his Grace in his eleven articles or demands sent unto us before the indiction of the Assembly and so were satisfied by our answers which his Grace acknowledged by promising after the recept thereof to procure a free generall Assembly with power to determine upon all questions anent the members manner and matters thereof all which for avoiding tediousnesse we here repeat Or otherwise the said causes alleadged by the Commissioner were proponed by His Grace in the Assemblie such as first that the â—ssemblie refused to reade the Declinatour and Protestation exhibited by the Prelats which neverthelesse was publickly read and considered by the assemblie immediately after the election of a Moderatour and constitution of the Members before the which there was no assemblie established to whom the same could have been read Next that ruling Elders were permitted to have voice in the election of commissioners from Presbyteries which was knowne to His Grace before the indiction and meeting of the assembly and is so agreeable to the acts and practice of this Church in violably observed before the late times of corruption that not one of the assembly doubted thereof to whom by the indiction and promise of a free assembly the determination of that question anent the members constituent propertie belonged And last that the voices of the six Assessors who did sit with His Grace were not asked and numbered which we could not conceive to be any just cause of offence since after 39. Nationall assemblies of this reformed church where neither the Kings Majestie nor any in his name was present at the humble and earnest desire of the assembly His Majestie graciously vouchsafed His presence either in His owne Royall Person or by a Commissioner not for voting or multiplying of voices but as Princes and Emperours of old in a Princely manner to countenance that meeting and to preside in it for externall order and if Wee had been honoured with His Majesties Personall presence His Majestie according to the practice of King James of blessed memorie would have onely given his owne Iudgement in voting of matters and would not have called others who had not been cloathed with commission from the church to carry things by pluralitie of voices Therefore in conscience of our duty to God and his truth the King and his honour the Church and her liberties this Kingdome and her peace this Assemblie and her freedome to our selves and our safety to our Posterity Persons and Estates We professe with sorrowfull and heavie but loyall hearts That We cannot dissolve this Assemblie for the reasons following 1. For the reasons already printed anent the necessity of conveening a Generall Assemblie which are now more strong in this case seeing the Assemblie was already indicted by his Majesties authority did conveene and is fully constitute in all the members thereof according to the Word of God and discipline of this church in the presence and audience of his Majesties Commissioner who hath really acknowledged the same by assisting therein seven dayes and exhibition of His Majesties Royall Declaration to be registrate in the Bookes of this Assemblie which accordingly is done 2. For the reasons contained in the former Protestations made in name of the Noblemen Barons Burgesses Ministers and Commons whereunto We doe now iudicially adhere as also unto the Confession of Faith covenant subscribed sworn by the Body of this Kingdome 3. Because as We are obliged by the application and explication subioyned necessarily to the Confession of Faith subscribed by Vs So the Kings Maiestie and his Commissioner and Privie Councell have urged many of this Kingdome to subscribe the Confession of Faith made in an 1580. and 1590. and so to returne to the doctrine and discipline of this Church as it was then professed But it is cleare by the doctrine and discipline of this Church contained in the book of Policie then registrate in the books of Assemblie subscribed by the Presbyteries of this Church That it was most unlawfull in it selfe and preiudiciall to these priviledges which Christ in his Word hath left to his Church to dissolve or breake up the Assemblie of this Church or to stop and stay their proceedings in constitution of Acts for the welfare of the Church or execution of discipline against offenders and so to make it appeare that Religion and Church-government should depend absolutely upon the pleasure of the Prince 4. Because there is no ground of pretence either by Act of Assemblie or Parliament or any preceding practice whereby the Kings Maiestie may lawfully dissolve the Generall Assemblie of the Church of Scotland far lesse His Maiesties Commissioner who by his commission hath power to indict and keep it secundùm legem praxim But upon the contrarie His Maiesties prerogative Royall is declared by Act of Parliament to be no wayes preiudiciall to the priviledges and liberties which God hath granted to the spirituall office-bearers and meetings of this Church which are most frequently ratified in Parliaments and especially in the last Parliament holden by His Maiestie himself which priviledges and liberties of the Church his Maiestie will never diminish or infringe being bound to maintain the same in integritie by solemn oath given at his Royal Coronation in this Kingdome 5. The Assemblies of this Church have still inioyed this freedome of uninterrupted sitting without or notwithstanding any contramand as is evident by all the Records thereof and in speciall by the generall Assembly holden in anno 1582. which being charged with letters of Horning by the Kings Majestie his Commissioner and Councell to stay their processe against Master Robert Montgomerie pretended Bishop of Glasgow or otherwise to dissolve and rise did notwithstanding shew their liberty and freedome by continuing and sitting still and without any stay going on in that processe against the said Master Robert to the finall end thereof And thereafter by letter to his Majestie did shew clearly how far his Majestie had been uninformed and upon misinformation prejudged the prerogative of Jesus Christ and the liberties of this Church and did inact and ordain that none should procure any such warrant or charge under the pain of excommunication 6. Because now to dissolve after so many supplications and complaints after so many reiterared promises after our long attendance and expectation after so many references of processes from Presbyteries after the publick indiction of the Assemblie and the solemn Fast appointed for the same after frequent Convention formall
Majesties Proclamation bearing date the ninth of September in their ninth reason against the subscription urged by his Majestie do plainely averre that this Oath urged by his Majestie doth oblige the takers of it to maintaine Perth Articles and to maintaine Episcopacie Why therefore some men swearing the same words and syllables should have their words taken to another sense and bee thought to abjure Episcopall government more then others who have taken the same oath in the same words must needs passe the capacitie of an ordinarie understanding It is a received maxime and it cannot be denied but that oaths ministred unto us must either bee refused or else taken according to the knowne minde professed intention and expresse command of Authoritie urging the same A proposition not onely received in all Schooles but positively set down by the adherers to the said protestation totidem verbis in the place above cited But it is notoriously knowne even unto those who subscribed the Confession of Faith by his Majesties commandment that his Majestie not onely in his Kingdomes of England and Ireland is a maintainer and upholder of Episcopall government according to the laws of the said Churches and Kingdomes but that likewaies he is a defender and intends to continue a defender of the same government in his Kingdome of Scotland both before the time and at the time when hee urged this oath as is evident by that which is in my Lord Commissioner his Preface both concerning his Majesties instructions to his Grace and his Graces expressing his Majesties minde both to the Lords of Councell and to the Lords of Session and the same likewayes is plainly expressed and acknowledged by the adherers to the said protestation in the place above cited their words being these And it is most manifest that his Majesties minde intention and commandment is no other but that the Confession be sworne for the maintenance of Religion as it is already or presently professed these two being co-incident altogether one and the same not onely in our common forme of speaking but in all his Majesties Proclamations and thus as it includeth and continueth within the compasse thereof the foresaids novations and Episcopacie which under that name were also ratified in the first Parliament holden by his Majestie From whence it is plaine that Episcopacie not being taken away or suspended by any of his Majesties declarations as these other things were which they call novations it must needs both in deed and in the judgement of the said protesters no wayes bee intended by his Majestie to be abjured by the said oath Now both the major and that part of the minor which concerneth Episcopall government in the Church of Scotland being clearly acknowledged by the Protesters and the other part of the minor concerning that government in his other two Kingdomes being notoriously knowne not onely to them but to all others who know his Majestie how it can be imagined that his Majestie by that oath should command Episcopacie to be abjured or how could any one to whom his Majesties minde concerning Episcopall government was known honestly or safely abjure it let it be left to the whole world to judge especially considering that the Protesters themselves in that place above cited by a dilemma which we leave to themselves to answer have averred that when that Act of Councell should come out yet that it could not be inferred from thence that any such thing was abjured Fifthly and lastly If the explanation in that Act of Councell be taken in that not onely rigid but unreasonable and senslesse sense which they urge yet they can never make it appeare that Episcopall government at the first time of the administring of that oath was abolished The very words of that Confession of Faith immediatly after the beginning of it being these Received beleeved defended by many and sundrie 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 c. By which it is evident that the subscription to this Confession of Faith is to be urged in no other sense then as it was then beleeved and received by the Kings Majestie and the three Estates of this Realme at that time in being and it is well knowne that at that time Bishops Abbats and Priors made up a third Estate of this Realme which gave approbation to this Confession of Faith and therefore it is not to bee conceived that this third Estate did then abjure Episcopacie or that Episcopacie was at the first swearing of that Confession abolished But say that at that time it was abolished by Acts of generall Assemblie yet was it not so by any Act of Parliament nay by many Acts of Parliament it was in force because none of them was repealed some whereof are annexed in the sheet immediatly after these reasons which wee pray the Reader carefully to peruse and ponder and at the very time of the taking of this oath and after Bishops whose names are well knowne were in being Now it is to bee hoped that in a Monarchie or any other well constituted republick that damnable Jesuiticall position shall never take place That what is once enacted by a Monarch and his three Estates in Parliament shall ever be held repealed or repealable by any Ecclesiasticall nationall Synod By all which it is evident that the explanation of that Act of Councell so groundlesly urged can induce no man to imagine that by the Confession of Faith lately sworne by his Majesties commandment Episcopall government which then did and yet doth stand established by Acts of this Church and Kingdome either was or possibly could be abjured And having now good Reader heard his Majesties minde in his instructions to us our minde in requiring in his Majesties name this oath to be taken and these few reasons of many which doe evidently evince the inconsequence of that sense which without any shew of inference is put upon it by those who would go on in making men still beleeve that all which they doe or say is grounded upon Authority though they themselves doe well know the contrary wee suppose that all they who have taken this oath will rest satisfied that they have not abjured Episcopall government and that they who shall take it will take it in no other sense Which timely warning of ours we are the more willing to give because we are given to understand that even they who were wont to call the takers of this oath notwithstanding of that explanation by act of councell perjured and damned persons and in their pulpits called the urging of it the depth of sathan doe now meane to take it themselves and urge others to take it in that sense which they make men beleeve though wrongfully that act of councell makes advantageous to their ends But we doe in his Majesties name require that none presume to take the said oath
unlesse they bee required so to doe by such as shall have lawfull authoritie from his Majestie to administer it unto them being confident that none either will or can take the said oath or any other oath in any sense which may not consist with episcopall government having his Majesties sense and so the sense of all lawfull authority fully explayned to them HAMILTOUN THat episcopall jurisdiction was in force by acts of parliament no wayes abolished nor suppressed in the yeare 1580. nor at the time of reformation of religion within the realm of Scotland doth evidently appeare by the acts of parliament after mentioned First by the parliament 1567. cap. 2. whereby at the time of reformation the Popes authoritie was abolished it is enacted by the said act That no bishop nor other prelate in this realme use any jurisdiction in time coming by the bishop of Romes authority And by the third act of the same parliament whereby it is declared That all acts not agreeing with Gods word and contrary to the confession of faith approved by the estates in that parliament to have no effect nor strength in time to come Whereby it is evident that it was not the reformers intētion to suppresse episcopacie but that bishops should not use any jurisdiction by the bishop of Rome his authority seeing they did allow episcopacie to cōtinue in the church that they did not esteeme the same contrary to Gods word and confession foresaid as appeares more clearly by the sixth act of the said parliament which is ratified in the parliament 1579. cap. 68. whereby it is declared That the ministers of the blessed Evangell of Iesus Christ whom God of his mercie hath now raised up amongst us or hereafter shall raise agreeing with them that now live in doctrine or administration of the sacraments and the people of this realme that professe Christ as hee is now offered in his Evangel and doe communicate with the holy sacraments as in the reformed kirks of this realme they are publickly administrate according to the confession of the faith to be the only true and holy kirk of Iesus Christ within this realme without any exception by reason of policie and discipline declaring only such as either gain-say the word of the Evangel according to the heads of the said confession or refuse the participation of the holy sacraments as they are now ministrate to bee no members of the said kirk so long as they keep themselves so divided from the societie of Christs body Whereby it is manifest that it was not the said reformers minde to exclude any from that society by reason of discipline and that they did not at that time innovate or change any thing in that policie they found in the said kirk before the reformation This is likewaies evident by the oath to be ministred to the king at his coronation by the eigth act of the said parliament wherby he is to sweare to maintaine the true religion of Iesus Christ the preaching of his holy word due and right ministration of the sacraments now received and preached within this realme and shall abolish and gainstand all false religion contrarie to the same without swearing to any innovation of policie and discipline of the kirk Secondly it doth evidently appeare by these subsequent acts of parliament that by the muncipall law of this realme archbishops and bishops was not only allowed in the kirk but also had jurisdiction and authority to governe the same First by the 24. act of the said parliament whereby all civill priviledges granted by our soveraigne Lords predecessors to the spirituall estate of this realme are ratified in all points after the form tenor therof And by the 35. act of the parliament 1571. whereby all and whatsoever acts and statutes made of before by our soveraigne Lord and his predecessors anent the freedome and liberty of the true kirke of God are ratified and approved By the 46. act of the parliament 1572. whereby it is declared that archbishops and bishops have the authority and are ordained to conveen and deprive all inferiour persons being ministers who shall not subscribe the articles of religion and give their oath for acknowledging and recognoscing of our soveraigne Lord and his authority and bring a testimoniall in writing thereupon within a moneth after their admission By the 48. act of the same parliament whereby it is declared that archbishops and bishops have authority at their visitations to designe ministers gleibes By the 54. act of the said parliament whereby archbishops and bishops are authorized to nominate and appoint at their visitations persons in every parochin for making and setting of the taxation for upholding and repairing of kirks and kirk-yards and to conveene try and censure all persons that shall be found to have applied to their own use the stones timber or any thing else pertaining to kirks demolished By the 55. act of the parliament 1573. whereby archbishops and bishops are authorized to admonish persons married in case of desertion to adhere and in case of disobedience to direct charges to the minister of the parochin to proceed to the sentence of excommunication By the 63. act of the parliament 1578. whereby bishops and where no bishops are provided the Commissioner of diocesses have authority to try the rents of hospitals and call for the foundations thereof By the 69. act of the parliament 1579. whereby the jurisdiction of the kirk is declared to stand in preaching the word of Iesus Christ correction of manners and administration of the holy sacraments and yet no other authority nor office-bearer allowed and appointed by act of parliament nor is allowed by the former acts but archbishops and bishops intended to continue in their authority as is clear by these acts following First by the 71. act of the same parliament whereby persons returning from their travels are ordained within the space of twenty dayes after their returne to passe to the bishop superintendent commissioner of the kirks where they arrive and reside and there offer to make and give a confession of their faith or then within fourtie dayes to remove themselves forth of the realme By the 99. act of the parliament 1581. whereby the foresaids acts are ratified and approved By the 130. act of the parliament 1584. whereby it is ordained that none of his Majesties lieges and subjects presume or take upon hand to impugne the dignitie and authoritie of the three estates of this kingdome whereby the honour and authority of the Kings Majesties supreme court of parliament past all memorie of man hath beene continued or to seek or procure the innovation or diminution of the power and authoritie of the same three estates or any of them in time coming under the paine of treason By the 131. act of the same parliament wherby all judgements jurisdictions as well in spirituall as tēporall causes in practice custome during these twenty foure yeares by-past not approved
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
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
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
bee established by a Parliament whose power doth no more reach to the placeing officers originally in the Kirk then the Kirks power to the making states men in the common-wealth Fifthly the lawes which any wayes contribute to the introduction of Episcopacy do only extend to civill privileges and were alwayes protested against by the Kirk as contrarie to the nationall Covenant of this land Sixthly if any Assembly can be pretended to countenance Episcopacie or other corruptions it sufficeth to say that the same with all the acts thereof is declared to have been nul and void ab initio for undeniable reasons as the act at more length proports Seventhly the breach of our nationall Covenant by introduction of corruptions therby abolished hath undoubtedly in high measure offended God and therefore at the renovation of that Covenant againe with God we ought not only to abjure al these innovatiōs but hereafter should be carefull not to be relapse in our offence Eightly in no Covenant Episcopacie is expresly or specifice abjured before all Ecclesiasticall lawes favouring the same was repealed declared null but only virtually and generally as being formerly abjured in anno 1580. And as the tryall hereof was referred to the Assembly as the only Judge competent so now when the Assembly hath declared found Presbyteriall government to have been approved Episcopall government condemned abolished and abjured in anno 1580. and in liew of perceiving that Episcopacie is of an Apostolick institution have clearly seen that it is justly condemned in our Kirk as the invention of man wanting warrand or fundament in the word of God tending to the overthrow of this Kirk Therfore albeit Episcopacie had been abjured expresly in the renovation of this Confession commanded by his Majestie it was not unlawful but most necessary and incumbent to us all who are tyed by that nationall Covenant against that unlawful Hierarchicall government albeit we had never renewed the same But we are falsly calumniat to have condemned the name of a Bishop even as it is used in Scripture which the act of Assembly it selfe sufficiently refutes by allowing S. Pauls Bishops to-wit Pastours of a particular flock and condemning only al other Bishops brought in without the warrand of Scripture The second reason in the Declaration is that the oath for preserving the discipline and government of the Kirk cannot oblige after the alteration change of that discipline government and seeing the Discipline and government of the Kirk is not only alterable but chāged in this Kirk we are not tyed by that oath after the alteration Wherunto we answer first that it is true that policie and order in ceremonies is temporarie and may bee changed as is meaned in that article of the Confession cited in the declaration But a Bishop or his office or the government of Gods house cannot be called a ceremony nay they will be loath to be vilified by that appellation but if it be a ceremony they are of no Apostolick constitution as is mentioned in the first reason so that if they be lawfull governours in Gods house warranted by his word they are not alterable and so this second reason militats not for them if their office be changeable and accounted among alterable ceremonies they are well exploded from our Kirk may be so by that second reason of the declaration 2. One cause of generall Councels is for constituting a good order and policie in ceremonies which is grounded upon the last verse of the 14. Chap. to the 1. Corinth willing that all things bee done decently and in order wherein the Lord giveth not power to institute new officers in his Kirk but commandeth his owne officers to exerce their functions by his commandements without indecencie or confusion in the variable circumstances thereof to be determined according to the present occasions of edification 3. In the 15. Chap. of the same confession of Faith all mens inventions in matters of Religion are condemned And in the 19 Chap. Ecclesiasticall discipline uprightly ministred as Gods word prescribeth Matth. 18. 1. Cor. 5. is set down as the third essentiall and unchangeable marke of the true Kirk of God and so is not of that nature with temporarie changeable ceremonies though unwarrantably ranked with them in the declaration 4. It is evident at our first reformation what policie was perpetuall and what ceremonies changeable for in the first booke of Policie compyled that same yeare with the Confession 9 head is expressed a two-fold policie of the Kirke The one absolutely necessary in all Kirks the other not necessar but changeable such as what day of the week sermon should bee and the like whereof they established no order but permitted every particular Kirk to appoint their own policie as they thought most expedient for edification if parity of reason will make Episcopacie of this nature let all men judge 5. Our confession speaketh of an order in ceremonies which cannot bee appointed for all ages as is before said But when they speak of the office-bearers in the Kirk they acknowledge according to the truth that Christ himselfe appointed an ordinare constant government of his Kirk by his four ordinar office-bearers The Pastor Elder Doctour Deacon to administrat the same perpetually as is set downe in the first booke of Discipline and in the treatise before the Psalmes which was drawn up at that same time and allowed by the same persons Like as in the yeare of God 1560. when that confession was made in the yeare 1567. when it was ratified and by continuall acts of Assembly and by the second book of Discipline The government of Christs Kirk by these foure ordinarie office-bearers is set down as founded only upon the Word of God as constant unchangeable and perpetuall and as that holy discipline without which Gods word cannot be preserved so that the intruding of any other officer in Gods house was accounted an offence against the Lord of the house 6. By our oath we are obliged to continue in obedience of discipline as well as doctrine because they are both grounded on the Word of God without the warrand whereof all traditions that are brought in are abjured and the discipline of the Kirk of Scotland is set down in the book of policy as grounded on Gods word commanded to continue to the worlds end whereunto we have sworn and cannot without perjury to God gainsay it like as the Assembly ordaines the discipline of the Kirk to bee subscribed as such and the act of Parliament 1592. Ratifieth the discipline of the Kirk as a privilege granted by God whereinto the Kings prerogative cannot bee prejudiciall 7. It carrieth no shew of argument or face of probabilitie that the Kirk and reformers of Religion which condemneth all other ordinar officers in the Kirk but these foure appointed by Christ did mean under the name of variable ceremonies to comprehend and admit Episcopacy which frequently they condemne as
Episcopacy was still condemned notwithstanding all opposition made in the contrare As for the Kings oath the same containeth no mention of Bishops but by the contrary the King is obliged thereby to maintaine the true Religion of Jesus Christ the preaching of his holy word and right administration of the Sacraments then received and preached within this Realme And seeing it is cleared by the preceeding relation that Bishops were never allowed but oppugned by the Kirk of Scotland that oath doth not allow but exclude Episcopacy which is also more perspicuous in the short confession 1580. and 1581. when the Kirk set downe her constant policy in Doctrine and Discipline grounded upon the word of God wherein the Hierarchie is abjured as contrary thereto and craved an oath from his Majesty for maintenance thereof which now also our gracious Soveraign in the judgement of the Kirk of Scotland is obliged to maintaine as being founded upon the word of God and exclusive of Episcopacie as repugnant thereto The acts of Parliament thereafter particularly cited are these mentioned in order The 24. act 1567. ratifying all civill priviledges formerly granted to the spirituall estate and the 35. act 1571. Ratifying all acts made anent the freedome and liberty of the true Kirk the same cannot bee extended to the establishing of Episcopacy because it is not mentioned in these acts but by the contrary was abolished by the acts of the Assembly and Parliament before mentioned so that the priviledges therein mentioned are granted to such Kirk-men as then were received by the Kirk and Kingdome and the freedome of the Kirk must be interpret by her owne judgement who thought ever Episcopall jurisdiction an heavy bondage and yet those priviledges can inferre no spirituall jurisdiction but only civill priviledges some immunities and extemptions granted for the goods and persons of Kirk-men as is cleare 1. act Iames 1. Par. 1. and 26 act Par. 2. Iames 1. and 4. act Par. 3. Iames 2. with many others It is here to be observed that the carefull evolver of these acts of Parliament hath omitted to cite the 7. act 1. Parliament of King Iames 6. bearing the examination and admission of Ministers to be only in the power of the Kirk then openly and publickly profest and presentations to be made to Superintendents or others having commission from the Kirk and appealeth from them to the Superintendents and ministers of the Province and appealleth from these to the generall Assembly in all which gradations no mention of Bishops but they in effect excluded by that contrare distinction of the Kirk then openly profest because they were discharged by the foresaid second act 1567. and Superintendents were then permitted like temporarie Evangelists for the present necessity declared in the first booke of discipline ad ecclesiam constituendam but was abrogate from 1575. that the constant Policie of Ecclesia constituta began to be established As for the acts of Parliament 1572. and 1573. It is knowne by the records of the time that the Regent then laboured hard to bring in Arch-bishops and Bishops who were not dead but standing de facto provided to the power of these titulars of benefices to fortifie his owne designes and counter-ballance the authority of Ministers pressing the purity of reformation and so cannot be honourably alleadged for the Bishops at this time and yet it was done not by authority but by warrand of some Ministers of his owne party conveened at Leeth and was onely done for an interim and protested against by the next Assembly and yet neverthelesse by the said acts of Parliament the Arch-bishops Bishops Superintendents or Commissioners of Dioces or Provinces are joyned together which is wrongously omitted in the quotation to show that no Archbishop or Bishop quatales had any power but only being de facto standing provided in the title they were capable of a Commission from the Kirk which sometimes they obtained and in the book of Assembly are named such as are called Bishops and were under the Discipline of the Kirk and in the same Superintendents possessours and titulars of prelacies as well as Arch-bishops and Bishops are ordained to be called and conveened for that effect before the generall Assembly of the Kirk And yet none can say That the offices of Abbots Pryors c. were then retained howbeit the benefices were not extinct and few ill grant that when the Arch-bishops and Bishops office was in vigour they thought themselves subject to the generall Assembly as they are by the said act which is also fraudfully omitted in the quotation As for the acts of Parliament 1578. and 1579. It is answered that the Kirk in this meane time from the yeare 1575. was busied in abrogating Episcopacy and establishing the constant policie as is cleare by the printed acts of Assembly before the book of Discipline and unprinted acts of Parliament The Kirk by her Commissioners daily reasoning and agreeing with the Kings Majesty and his Commissioners upon these heads of policie whereupon the Parliament by the said 69. act 1579. declareth there is none other jurisdiction ecclesiasticall to be acknowledged but that which is in this reformed Kirk and floweth there-from which extinguisheth Episcopacy because it doth not flow from this reformed Kirk neither can produce its chartor from her for besides that it was abolished by the foresaid acts 1567. It was condemned also in the book of Policie and in the generall Assembly holden at Dundie 1580. and their whole estate spirituall and temporall condemned in the Assembly at Glasgow 1581. and so acknowledged by his Majesties Commissioner in the Assembly at Edinburgh 1581. so that by this act of Parliam 1579. The Bishops are so abolished that unlesse they be established by lawfull Assemblies of the Kirk no act of Parliament since sen can conduce for their establishment seeing this act with the other acts for their abolition standeth yet unrepealed And farther for the act of Parliament 1578. if the same contribute any thing for Episcopacy it must either be because Bishops are there mentioned or for the power thereby conferred upon them But both these are weak grounds The first because there is no Bishop there named but such as stood provided de facto on life which is an designation of the benefice which was not then extinct and not of the office which was extinct The power conferred upon them by the said act can give no strength to the argument because there is no jurisdiction granted thereby to them but only power to visit Hospitalls which the Parliam might have granted to any person but was most proper to these idle titulars of benefices who might best attend the same or imploy means for their reparation And this charge is likewise communicate by act of Parliament to all Chancellours of this Kingdome for the time being And as to the 71. act 1579. we repeat the former answers that Superintendents and Commissioners are there joyned with the Bishops to
show that no power is granted unto them as Bishops but Commissioners from the Kirk and the name is still used because the benefice was not extinct but they were knowne by that appellation The acts of Parliament 1581. were better alledged for Assemblies then Bishops for it is an expresse ratification of the former acts of abolition of Bishops and abrogation of all acts or constitutions cannons civill or municipall contrare to the Religion then presently profest within this kingdome which is not only clearly exprest in the words but if they were doubtsome as they are not were manifest for these reasons First the Assembly holden at Edinburgh about the very same day honoured with the presence of his Majesties Commissioner is acknowledged by him to have condemned Episcopacy whereunto temporall jurisdiction is annexed and the Assembly declaring that function to be against the word of God and acts of the Kirk thereupon did supplicat the Parliament that they should make no acts repugnant to the word of God especially concerning Bishops Secondly the King and Estates by that act ratifieth all acts made for maintainance of the liberty of the true Kirk of God presently professed within this Realme and purity thereof which present profession can be no other then that which was received by the Kirk and Assembly then presently sitting so near the Parliament at Edinburgh which had approven the Presbyteriall government condemned the Episcopall and ratified the short confession simul semel wherein the Estates had sworn to the Presbyteriall and abjured Episcopall government Thirdly this ratification of the former acts of Parliament must bee interpreted according to the words thereof to be in all points which are not prejudiciall to that purity of Religion and liberty of the Kirk presently professed within this Realm And at this time the whole Estates had subscribed the short Confession and so sworn to the discipline set down in the book of discipline which by this act is ratified in the first place before any speciall enumeration of particular acts Fourthly it hath beene formerly showne that in the preceeding acts of Parliament where Arch-bishops or Bishops are named the same hath beene by reason of their benefice and not their office which the Parliament could not give them being abrogate by Assembly or having intended really to give them any place would not have joyned Superintendents and other Commissioners with them or otherwise they are named as having equall power with the Superintendents and other Commissioners as in the convention at Leeth and conforme to the time especially 1572. and 1573. Wherein some titulars or possessors of prelacies so called in the 46. act of the Parliament 1572. had a commission from the Kirk like unto Superintendents which was not fully abrogate untill 1580. But all this was without prejudice of the Kirk her liberty to recall her own commission from these who were provided to prelacies and to condemne their Episcopall offices whereunto they ascrived the power which they really had by their commission as the Kirk did upon good reasons abrogate the office of Superintendents without impunging of the saids acts of Parliament which were never rescinded till 1592. whereby it is evident that though this act of Parliament 1581. ratifie the former acts wherein Arch bishops Bishops Superintendents or other Commissioners of the Kirk are named yet seeing the said acts are alternative conceived the vigour and efficacy thereof subsists by this ratification in the last alternative viz. Commissioners from the Kirk Dyoces or Province seeing the remanent were formerly condemned especially by this Assembly of Edinburgh holden the time of the Parliament Fifthly this ratification 1581. of the former acts made in favours of the true Religion repeating only the titles of these acts and not themselves cannot import any corroboration of the offices under the titles mentioned in these former acts because this ratification can only be extended to the matter and not to the designation of the persons exprest in the former acts which is only personall and circumstantiall as for instance this act 1581. could not confer any power or employment upon Superintendents because that office was then abrogate and out of the Kirk But the true meaning of the act is that ratifying the substance and matter in favours of the Kirk and Religion it doth intrust the execution to these whom the Kirk shall lawfully authorize with commission for that end which is more manifest in the 114. act Par. 12. 1592. wherein this act 1581. and all the acts therein contained are ratified quoad materiam and yet all Arch-bishops and Commissioners are discharged and all Ecclesiasticall matters subjected to Presbyteries Sixthly it cannot probably agree with reason that by this ratification the Parliament above their power would endevoure to establish in the Kirk any function so recently condemned of before by the Assemblies at Dundie 1580. and at Glasgow and Edinburgh 1581. immediately before this Parliament The acts of Parliament 1584. are of severall natures But they were protested against by the Ministers of Edinburgh in the name of the Kirk of Scotland at the mercate crosse of Edinburgh when they were proclamed and as they were made in that time which was called the houre of darknesse in this Kirk tirrannized by the Earle of Arran so are they expresly repealed 1592. cap. 114. Anent the act of Parliament 1584. For the three Estates and so furth To answer Primo that the Kirk from the yeare of God 1580 1581. that the Confession was subscribed unto the year 1597. all this time was by continuall acts condemning the office of Bishops their spirituall their temporall their whole estate their confusion of civill and Ecclesiasticall jurisdiction and craving in Councell and Parliament the dissolution of Prelacies and the erection of Presbyteries 2. De facto the former Bishops being continually processed and sentenced by the Kirk these who presumed to usurp that office condemned by the Kirk namely Mr. Patrick Adamson and Mr. Robert Mountgomrie in the yeare 1582. 1584. 1586. they were deprived and excommunicate by this Kirk before the Parliament 1587. 3. De facto no Ecclesiasticall Bishop voted in Parliament but Mountgomry and Adamson who were taken in by the Earle of Arran unto the Parliament holden in May at Edinburgh 1584. Wherein the three Estates ratifieth the honour and dignity of the three Estates so that as these two Bishops cannot be called the third Estate which doth ratifie so the Estate of Bishops cannot be called the third Estate which is ratified especially seeing by that same Parliament in the 132. act Bishops of the Diocie are but nominate the Kings Commissioners And in the last act of that same Parliament printed of old in black letter there is set downe the Kings Commission granted to the said pretended Bishop Adamson 4. From 1581. till the yeare 1597. the quoter doth not eite nor can cite any act of Parliament expresly nominating any ecclesiasticall Bishop but that in the
protestation more largely And for the 132. and 133. act of the said Parliament 1584. there is no Ecclesiasticall priviledge or authority thereby granted to Bishops as Bishops but only a power of cognition wherein the Parliament hath joyned others the Kings Commissioners with them only as the Kings Commissioners and granted the same unto seculare persons with them but the King could never provide them to the office and jurisdiction of Bishops which was abolished by many acts of Parliament and Assemblies before written The 23. act 1587. worketh directly against Bishops being a generall ratification of all acts formerly made anent the religion presently profest in this kingdome which must include the acts abolishing Episcopacy but especially seeing in the same Parliament 1587. temporall livings are taken from the Bishops as well as the office was 1567. And the same act undoubtedly was granted in the same meaning wherein the Kirk did crave it who that same yeare had often condemned Episcopall government as contraire to Gods word and the liberty of the Kirk and approved Presbyteriall government as flowing from the pure fountaine of Gods word It falleth in here to be remarked that the act 114. anno 1592. is never alleadged and that because it not only revocks in particular the foresaid acts 1584. but in generall all other acts contrary to that discipline then established and in particulare the Assemblies Presbyteries and Synods with the discipline and jurisdiction of this Kirk are ratified and established as most just and Godly notwithstanding whatsoever statutes acts cannons civill or municipall lawes made in the contrare whereunto his Majesties prerogative is declared to be no wayes prejudiciall Further the said act abrogates all acts granting commission to Bishops and other Judges constitute in Ecclesiasticall causes and ordaineth presentation to benefices to be direct to Presbyteries with power to give collation thereupon And so containeth a ratification of the heads of Policy set downe in the second book of discipline Which act is renewed act 60. anno 1593. and the power of Presbyteries acknowledged 1594. act 129. and was never rescinded expresly in totum but only in part by the ratification of the act of Glasgow Which now cannot be respected but falleth ex consequenti seeing that Assembly of Glasgow is now upon just and infallible reasons declared to have been null ab initio and so this act of Parliament wisely omitted by the collecter to the Cōmissioners grace might serve alone without our preceeding speciall answers for clearing the whole preceeding acts The 23. act 1597. granteth the priviledge of a voyce in Parliament to the whole Kirk and under that name to Abbots or other persons provided to prelacies as well as Bishops even as in time of papistry So as Sir Robert Spottiswood Abbot of New-abbay road thereafter in Parliament which was both unwarrantable and unusuall Which doth nothing contribute for the Bishops advantage because albeit the benefice was not extinct yet neither the King nor the Parliament might give them the office so oft condemned by this Kirk which is also acknowledged in the same act because after the granting to them of the said voyce the Parliament remitteth them to the King and the Assembly concerning their office in their spirituall policy and government in the Kirk 2. The said act beareth expresly to be but prejudice of the jurisdiction and discipline of the Kirk established by acts of Parliament made in any time preceeding and permitted by the said acts to all provinciall and generall Assemblies and other whatsoever Presbyteries and Sessions of the Kirk and so the same cannot derogate from the former acts ratifying the present discipline of the Kirk especially the said act 1592. nor yet from the acts of the Assembly abjuring Episcopacy 3. The priviledge is granted upon condition they be actuall Pastors and Ministers And so we referre to the world and themselves if with good consciences they may claime the benefice of that act 4. That priviledge was obtruded and pretended to be introduced in favours of the Kirk who may and hath renounced the same as being incompatible with their spirituall function as the act of the Assembly at more length beareth upon undeniable reasons 5. When voyce in Parliament was first plausible obtruded upon the Kirk it was neither proponed nor tolerated in other tearmes then that onely such should have vote in Parliament as had Commissiom from the Kirk So that not as Bishops but as Ministers Commissioners from the Kirk they had vote in Parliament Like as the Assembly at Montrose 1600. being so hardly prest by authority that they could not get it altogether refused albeit in their conference at Haly-rud-house 1599. they proponed unanswerable reasons against this and all other civill places of pastours set downe cautions binding the Ministers voters in Parliament to bee insert in the act of parliament subsequent which was omitted notwithstanding of the Bishops oath and duty in the contrare for the breach whereof they are now most justly censured 6. The ratificatory acts of the priviledges of the Kirk and Discipline thereof then profest are not thereby abrogate but notwithstanding thereof must stand in force because it is ever understood and frequently provided in Parliament that all acts thereof are made salvo jure cujuslibe◠far more salvo jure ecclesiae sponsae Christi when she is robbed of her right without audience especially seeing her right is usually ratified in the first act of every Parliament 7. Albeit it were granted that by this Act of Parliament or any whatsoever the Prelates had voice in Parliament yet that doth not exeime them from Ecclesiastick censure nor forefault the Kirks right whereby she may condemne them for their transgressions as now this Assembly most justly hath done for by their own caveats whosoever is ecclesiastically censured by Presbyteries and provinciall Assemblies ipso facto loseth his benefice and vote in Parliament 8. Further the Bishops in their declinatour professe they never had commission from this Kirk to voice for her in Parliament according to the cautions set down in the Assembly at Montrose for the which cautions that Assembly was never challenged as trenching upon the third estate The act of parliament 1606. is coincident with the nature of the preceeding acts for albeit the King and parliament might have reponed them to their rents teends lands c. which were annexed to the Crown yea might have disponed to them any part of the patrimony of the Crown If lordly titles and civill places in the persons of pastors separat to the Gospel had been lawfull yet could not give them the spirituall office and jurisdiction spirituall which was abolished and abjured by many preceeding acts of Assembly and parliament forecited Et quod illud tantum agebatur is evident by the whole straine of the act reponing them for remeed of their contempt and poverty to their dignities priviledges livings rents lands and teinds and this alwayes
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
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
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
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
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
doe professe and protest that as We like God himselfe whose Vicegerent We are have showne Our Selfe all this while slow to anger so now like him We shall shew Our selves ready to forgive upon the repentance of such of Our subjects as have been mis-led their deserting the Heads of their Rebellion and returning to Our obedience Thirdly that We intend to use no armes against that Our Kingdome but onely against some Rebells in it for their apprehension and bringing them to justice Fourthly that such even of those who shall be apprehended shall have their faire and legall tryalls according to the Lawes of that Our Kingdome without the denyall of the least favour which can be allowed them by the course of justice if they will offer and submit their persons to a legall tryall Fifthly that all Our subjects of that Kingdome who shall now adhere unto Us shall be protected and defended by Us in their persons and fortunes with the uttermost of Our power For We professe that We doe not hold it a nationall defection but a revolt of some Rebells who have mis-led a great many of the rest We having a great many subjects of all rankes in that Our Kingdome who for their constancie in their loyaltie and fidelitie towards Us shall justly expect both protection and reward from Us. Sixthly that whosoever shall goe about to make any of Our subjects beleeve that this is a nationall quarrell between these two ancient Kingdomes both now being under Our government shall be punished as a disturber of the peace of both and therefore We exhort and require all Our subjects of both Kingdomes who shall accompanie Us in this journey to live and converse peaceably and lovingly whereby as they shall doe Us most singular and acceptable service so they shall notably disappoint the Heads of that Rebellion who now labour no point so much as this to make Our subjects of that Kingdome beleeve that this journey of Ours bringeth along with it a nationall invasion and if Our subjects of both nations shall keep that friendly and loving correspondence in their attendance upon Us in this journey We doe not doubt but it will be a meanes to tye them in a stronger band of love for ever hereafter when Our Scotish subjects shall here see the alacritie and forwardnesse of the English and the English shall there perceive the alacritie and forwardnesse of the Scotish both of them meeting in this point and center viz. the defence of Our person and of Our Royall Crowne and Dignitie To conclude As We have found the aide and assistance of Our loving subjects here towards this journey so We doe heartily desire their prayers all the time of Our absence for a good successe unto it and that if it be possible We may returne with peace and without the effusion of any drop of Our subjects bloud And We doe require all Our good subjects of that Our Kingdome of Scotland especially the Ministers who should bee the messengers of peace to frame and settle Our subjects minds to the courses and waies of peace and to lead them on in the way of returning to Our obedience who doth resolve to maintaine them in the Religion now established amongst them that so We be not forced to draw Our sword of justice against any of them which in case of their obstinacie how unwillingly We shall doe We call the King of kings to witnesse But if nothing else will serve it must be and their bloud will rest upon their owne heads FINIS Imprinted by ROBERT YOUNG His Majesties Printer for Scotland Anno 1639. The High mighty Monarch Charles by the grace of God King of Great Brittaine France Ireland Defender of the Faith * Observe that the children as well as the rest considered this * And yet these blessed Reformers of Religion in England were the very same men who compiled the English Service Book which the Covenanters have printed and preached to be stuffed full of Idolatrie superstition and poperie * It is not so for the Councell never promised that the Bishops should be removed from the Table but onely that they would make Us acquainted with their Petition * Is it not rather an offence to God to thrust men out of their places before they be tried * And yet afterward in their last instructions they injoyned the severall Commissioners to bring Assessors with them who were to have no voyce in the Assemblie * The contrarie is most true * Our Commissioner never heard any argument to that purpose which could convince a child * Our Commissioner never accepted of it nor conceived it could give satisfaction to any * It doth most evidently tend to the dishonour of God * We desire the Reader to observe that they were affraid of being overthrown in a free generall Assembly and therefore they tooke a course by these private instructions to prevent all freedome in the Assembly and to make sure that none should be chosen a member of it but such of whom they were sure Intolerable presumption Most false * Which offices were in the Church of Christ long before Popery was known or heard of in the world * A pretty act that We must print nothing concerning Ecclesiasticall policie and government unlesse Johnston will give Us leave * A most traiterous act for the very terms and words of it containe high treason * This Blair is he who was expelled the Universitie of Glasgow by the Professors there many yeares since for teaching his Scholars in his Lectures upon Aristotle that Monarchicall government was unlawfull Now for this man to be made by them Professor of Divinitie in the prime Universitie of that Our kingdome whether We can or ought to endure it We leave to the Reader to judge 〈…〉 * There is no divine commandement in Scripture nor example of the Christian Church for â—â—bscriâ—ing any confession without the consent of the supreame Magistrate if he be a Christian. Foure generall considerations of the Declaration * The Lords of Councell did take and were to take this oath as well as any other in the knowne sense of us who commanded it and therefore any Act of Councell for their explanation was unnecessary and it is unjustly affirmed that this Declaration or explanation was made by Our Commissioner for it was made by Vs but published by him at Our Commandement as is plainly expressed in the title of it * But when shall they bee proved to bee contrarie to the word of God * They themselves doe know that this Confession was not framed at first by the Church as the positive Confession was but by one Master Iohn Crage and commanded by the Authoritie of our Royall Father hee did advise with the Church concerning it but they received it from him not he from them * That the supreame Magistrate should as the Sonne of the Church onely receive the meaning of the Church and cause it to bee received by