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
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 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
A LARGE DECLARATION CONCERNING THE LATE TUMULTS IN SCOTLAND FROM Their first originalls TOGETHER WITH A PARTICULAR DEDUCTION Of the seditious Practices of the prime Leaders of the Covenanters COLLECTED OUT OF THEIR OWNE foule Acts and Writings By which it doth plainly appeare that Religion was onely pretended by those Leaders but nothing lesse intended by them By the King LONDON Printed by ROBERT YOUNG His Majesties Printer for Scotland Anno Dom. M.DC.XXXIX By the King THough by Our manie Proclamations and Declarations some whereof are printed and others were made by word of mouth by Our high Commissioner the Lord Marquesse of Hamiltoun during the time of his late imployment in Scotland it doth fully appear to all men whose mindes are not distasted with Justice and Government what Our religious care Princely clemencie and unparalleled patience have been for the setling of the late troubles in that Our ancient and native Kingdome of Scotland and for the composing of that State so much of late discomposed and disjointed by the seditious practices of divers impatient of all lawes and government Yet for the further and full satisfaction of all our true hearted and loyall subjects in all Our Kingdomes and for the manifestation of Our Justice and Pietie in Our late proceedings to all abroad especially to those who with Us adhere to the Religion Reformed We have thought good by way of an Historicall Deduction to set downe the true passages of all this businesse that the world may as it were under one view and aspect behold Our gracious and clement comportment towards Our subjects of that Kingdome and the depraved and froward deportment of many of them towards Us their liege Lord and Soveraigne Not doubting but that whosoever shall goe along by the threed of this Our unquestionable Narration will rest fully satisfied in these three points First That the first contrivers and since pursuers of their late wicked Covenant or pretended holy League a name which all good men did abhorre in them of France though following the patterne of all other seditions they did and doe pretend Religion yet nothing was or is lesse intended by them but that they having received from Us full satisfaction to all their desires expressed in any of their Petitions Remonstrances or Declarations yet their persisting in their tumultuous and rebellious courses doth demonstrate to the world their wearinesse of being governed by Us and Our Lawes by Our Councell and other officers put in authoritie by and under Us and an itching humour of having that Our Kingdome governed by a Table of their owne devising consisting of persons of their own chusing A plot of which they are very fond being an abortion of their owne braine but which indeed is such a monstrous birth as the like hath not yet beene born or bred in any Kingdome Jewish Christian or Pagan Secondly That Our promises expressed in Our severall Proclamations and Declarations to Our people were not as the wicked contrivers of that Covenant have ever gone about to make Our subjects beleeve onely verball but sincere and reall and such as Wee doe professe to the whole world in the word of a just and true Prince We doe resolve to make good to all Our subjects of that Our Kingdome As holding it beneath the greatnesse and goodnesse of a just King that the unjust actions of his subjects should occasion in their Soveraigne the least suspicion of breach of promises made by him to them especially when the performance of them shall conduce to the settling of Religion and Peace Thirdly That these men who give themselves out to be the onely Reformers of Religion have taken such a course to undermine and blow up the Religion Reformed by the scandall of Rebellion and Disobedience which so farre as in them lyeth they have gone about to cast upon it that if the Conclave of Rome the severall Colleges or Congregations perpetually sitting at Rome for contriving and effecting the meanes of reducing to the Roman obedience all those Kingdomes and Provinces which have justly departed from them nay and if with both these all the Jesuites and others the most specially combined and sworn enemies to our profession were all assembled in one place and had all their wits and devices concentrated into one conclusion and resolution they could hardly have fallen upon such a way as these pretended Reformers have fallen upon for turning all men out of the pathes of the Reformed Religion or have setled upon such courses which can bespeake no other event but the undoubted overthrow of it at least in that Kingdome unlesse God himselfe from heaven which We hope shall have all their Cobweb contextures in derision For by their particular proceedings truely set downe in this Our Narration it will plainely appeare that their Maximes are the same with the Jesuites their Preachers Sermons have been delivered in the very phrase and stile of Becanus Scippius and Eudaemon Johannes their poore Arguments which they have delivered in their seditious Pamphlets printed or written are taken almost verbatim out of Bellarmine and Suarez as appeareth to Us by Our Royall Father his Monitorie Preface to all Christian Kings and Princes and his Apologie for the Oath of Allegeance and in the Bookes writ by others in defence of them both in all which these arguments are fully answered And that the meanes which they have used to induce a credit of their conclusions with their Proselytes are purely and meerly Jesuiticall fables false reports false prophesies pretended inspirations and divinations of the weaker sexe as if now Herod and Pilate were once againe reconciled for the ruine of Christ and his true Religion and Worship Now if these three particulars by this historicall Relation shall undoubtedly appeare to the unprejudicate Readers whether Our Subjects or Forreiners then We shall little doubt to gaine from them their assent to these Our two just desires First That these proceedings of some of Our subjects whom though they would be accounted the purest Protestants yet by their wicked Protestations you will finde to be the most froward and perverse Protesters that ever did contest with their Soveraigne and his Lawes may not induce an undeserved scandall upon that Religion which We professe For since their conclusions are quite contrary to the Confessions of the severall reformed Churches in their particular Articles both of the Church and of the civill Magistrate as appeareth by the Helvetian French Belgick Polonian Argentine Palatine Genevian Our English and Irish nay and their owne Scotish positive Confession printed amongst the Acts of Parliament of that Our Kingdome and besides the Augustane and all other particular Protestant Confessions of the Lutherans And all the weapons wherewith they now fight against these Protestant conclusions are stollen or borrowed not onely out of the Romane for many of the Romanists fight with Us against them but out of the most rigid Jesuites Magazins why should they not in this quarrell be accounted
of tythes of that Kingdome begun to take three things into Our serious consideration First the wretched estate of the Clergie for want of maintenance Next the hard usage and great oppression of all the Laitie that payed tythes from the owners of them Thirdly a very important point of State vizt That it was not fit that such a considerable part of Our subjects as all the Ministers who have power over the consciences of the rest and all the payers of tythes who are the farre greatest part of the Kingdome should have their dependance upon the Nobilitie or other Laicke Patrons the one for their livelihood and maintenance the other not onely for feare of having their cornes lost or endangered for not carrying them in due season which was by the law in the power of these owners of the tythes which power they were sure they would exercise upon them if they should at any time displease them or not adhere to them upon all occasions good or bad But likewise because these Lords owners of the tythes and also of Abbey lands were likewise for the most part superiours to those who payed them but were so altogether to those who held the Abbey lands of them by way of vassalidge and so by their verie tenures were to performe all service and attendance to these Lords their superiours whensoever they should require it of them Which important considerations moved Us by the advice of the learnedest Lawyers there to grant out a Commission under Our great Seale for that Kingdome not to a few but to divers hundreds and those of the prime of all estates and degrees out of which number the Lords of the Erections and Laicke Patrons were not omitted for relieving if they should see cause both the Ministers and owners of Corne as also for taking into their consideration the point of superioritie and dependance These Commissioners after their sitting in great frequencie some yeares and after full hearing of all parties interessed and mature deliberation did set a rate of the value of the tythes ordered that the owners of the grounds should severally purchase them at so manie yeares purchase as was then agreed upon by all both buyers and sellers taking the same course for the rating of superiorities in regard of the Abbey lands which was likewise accorded unto by all parties and ordered that every Ministers means should be augmented in such a certaine proportion set down and accorded unto as the Incumbent should not be inforced any more to be a slave to his Patron With the conclusions and determinations of this Commission called the Commission of Surrenders of Superiorities and Tythes the owners of lands and the Ministers were indeed so really satisfied that the former with all thankfulnesse acknowledged Us for their deliverer from an intolerable bondage under which they and their Ancestors ever since the reformation of Religion had grievously groaned The latter with infinite expressions of joy and gratitude did celebrate Us as the very father and founder of their severall Churches We gave Our Royall assent to all agreed upon in that Commission being glad that Our subjects were relieved the maintenance of Our Clergie improved and both Our Clergie and Laitie freed from a dangerous dependance upon subjects and for that freedome obliged to a thankfull heartie and loyall dependance upon Us to whom alone by all lawes of God and men it is due The Nobilitie and other Lay Patrons seemed herewith likewise fully to rest satisfied and so indeed they were in point of profit for according to the rates of purchasing in that Our Kingdome for their tythes they were satisfied to the uttermost farthing But they fretted privately amongst themselves for being robbed as they conceived of the clientele and dependance of the Clergie and Laitie and of that power command and superioritie over them which by that tye of tythes they had enjoyed Yet not being able to make Religion it selfe a faire pretence for this their discontent for who could imagine that everie man his gathering of his owne tythes or the augmentation of Ministers maintenance could be an affronting or weakening of Religion they had recourse to their former fetch and not without bewraying much heart-burning gave it out that this Commission which indeed was obtained by the humble importunitie both of Clergie and Laitie was procured onely by the Bishops who meant no good to Religion and so from an unnecessarie jealousie of their persons and power they begun to pretend and suborne a necessarie jealousie of Religion it selfe A third bewraying of their factious humour appeared clearely at Our last being in that Our Kingdome and immediately after Our departure from thence For some sixe yeeres agoe having a great desire to visite that Our native Kingdome and being willing to cheere and comfort Our subjects there with Our presence and honour them with Our personall Coronation all which they did most humbly and heartily sollicite Us for by their earnest and affectionate supplications We undertooke a journey to them and according to Our expectation were most joyfully received by them But immediatly before and at the sitting down of Our Parliament there Wee quickly found that the very same persons who since were the contrivers of and still continue the sticklers for their now pretended Covenant begun to have secret meetings and in their private consultations did vent their dislike of Our innocent Revocation and Our most beneficiall Commission of Surrenders But knowing that these two could gaine them no partie then they begun to suggest great feares that many and dangerous innovations of Religion were to be attempted in this present Parliament Not that they themselves thought so but because they knew that either that or nothing would soyle with suspicious jealousie or interrupt and relaxe the present joy and contentment which did overflowe in Our subjects hearts and appeared in their heartie expressions for Our presence amongst them But We readily confuted all these suspicious surmises for except an Act which gave Us power to appoint such vestures for Churchmen which We should hold to be most decent nothing concerning Religion was either propounded or passed in that Parliament but that which everie King doth usually in that and all other Christian Kingdomes passe at their first Parliament viz. An Act of ratification of all other Acts heretofore made and then standing in force concerning the Religion presently professed and established and concerning the Church her liberties and priviledges Which Act being an Act of course though it passed by most voices yet was it disassented from to Our great admiration by the voices of many of those who are now the principall pillars of their Covenant which made all men then begin to suspect that sure there was some great distemper of heat at the heart when it boyled so over at their lips by their unnecessarie and unprofitable denying of assent to the lawes concerning the Religion and Church already established This first Act passing more for
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
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
heads thought that Our Commissioner could yeeld to a request of so high injustice but because they knew that hee neither could nor would yeeld unto it and that therefore by his deniall they should have meanes to irritate Our people even to a disgust of that Our Gracious favour which the day before they had so well relished But yet according to their resolution some of the principall Covenanters of all sorts sent from their Table had the boldnesse to repaire to Our Commissioner and to demand of him that which they were sure no just nor honest man could grant viz. That they could clearely prove briberie and corruptions frequently to have beene used by these Our two Judges and therefore intreated him to remove them presently from their places of Judicatorie after which they would intend processe and so legally proceed in the probation of these crimes objected against them To which their demand Our Commissioner returned this just and modest answer That sure they could not expect that he either could or should condescend to this their desire which yeelded unto did overthrow the verie foundation and maine rule of Justice viz. That any man should be punished for any crime before he were legally convicted of it and therefore he advised them to follow the constant course of justice which was this If they thought these Judges clearely convincible of these horrible crimes they should intend first processe against them and then probation of the crimes of which if they were found guiltie then they needed not doubt but they should be removed from their places and receive such further condigne punishment as the Lawes of the Kingdome had provided for such notorious criminals assuring them that We his Master would bee so farre from hindring the course of Justice against any such offenders as that Wee would hold it a speciall service done to Us to bring the iniquitie of Our Judges to publike triall and censure and that he would make Us acquainted with their demands with which just answer they were resolved to be so unsatisfied that they replied unto him that this his deniall would be attended with a great inconvenience to all Our subjects for they would in that case of deniall make and publish a Protestation that whatsoever Act Decree or Order the Lords of Our Session should make in any cause at which these two Judges or either of them were present and gave voice should be null and void in Law and that none of Our subjects either should bee bound or would yeeld obedience to them Was not this a strange usurpation upon Regall power To this Our Commissioner only added That everie such Protestation must be made before the Lords of the Session who had the power of admitting or repelling it and therefore for that point hee remitted them to these Lords as the competent Judges of it which answer of Our Commissioner they presently laboured to have misconstrued by their partie telling them that there was no hope of any Justice to be had against any man who was an enemie to them and their Covenant At the day appointed by the Proclamation the Session sate down and Our Commissioner in his owne person went to the place and opened it with a short speech to the Judges to this purpose THat hee was warranted from Us to recall the Session againe to Edinburgh That the chiefe thing that had moved Us thereunto was the sense of the many incommodities which Our subjects in generall and the Judges in particular did sustaine by the removing of it That We had required him to desire and command the Judges to grant all reasonable dispatch to Our subjects in the administration of Justice that so some time which was lost might be regained That in Our name he required them to be very carefull and circumspect that in these troublesome times no Order nor Decree might passe from them which might be prejudiciall to Our Crown or service Our Judges hereupon returned to Our Commissioner their humble and heartie expressions of all thankfull acknowledgment for this Our singular favour and grace to themselves and all Our subjects and with great submission intreated him to returne unto Us their humble and heartie acknowledgment And here now We desire the Reader to observe that the Covenanters neither made any such Protestation against the sitting of the two Judges as they talked of nor did ever intend any processe or probation against them for the crimes objected though Our Commissioner immediately after his returne from Us assured them that We not onely had given them leave but would thanke them for so doing which We are confident they would have done if they had conceived these Judges guiltie and giveth to Us good assurance that this calumnie against these Judges was onely cast in by some of their ring-leaders to marre and interrupt that resentment of Our grace and favour which they perceived wrought verie much upon many of Our subjects of their partie for bringing backe again Our Courts of Justice to Our citie of Edinburgh The Session thus setled Our Commissioner resolved to publish by Proclamation the Declaration of Our grace and favour The principall Covenanters when they could not disswade him from it presently went about and both by themselves and their seditious Preachers filled their followers mindes with such fearefull expectations of it that some dayes before it was published they filled the streets with multitudes of people especially neare the Crosse where it was to be proclaimed and those in hostile equipage divided into rankes pulling their swords out of their belts and with pistolls being armes prohibited by Our lawes of that Kingdome giving out that if this Our Declaration were hearkened unto it would bring undoubted ruine to their Religion lawes and liberties though the people knew nothing of what was to be delivered in Our Declaration Some daies they continued in this posture which made Our Commissioner delay the publishing of it untill he might heare of more quietnesse and peace in the streets of which being advertised he caused the Proclamation of Our grace and favour solemnely to be made at the Crosse of Edinburgh No sooner were the trumpets sounded but there came to the Crosse a mightie confluxe of people the Covenanters had presently a scaffold erected on which they mounted with a Protestation readie written in their hands before Our Proclamation was pronounced Our Proclamation was thus CHARLES by the grace of God King of Scotland England France and Ireland Defender of the Faith To our Lovits Heraulds Messengers our Sheriffes in that part conjunctly and severally specially constitute greeting Forsameikle as We are not ignorant of the great disorders which have happened of late within this Our ancient Kingdome of Scotland occasioned as is pretended upon the introduction of the Service Book Book of Canons and High Commission thereby fearing innovation of Religion and Laws For satisfaction of which fears We well hoped that the two Proclamations of the eleventh of December
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
would expect his returne and Our answer by that time he would doe both These holy men resolve to expect that time before any election shall be actually made but give order that it shall be made the next day after before it could be knowne in most parts of the kingdome whether he were returned or in any part of the kingdome or by any person of the kingdome what answer he had returned from Us The insinceritie of which proceedings condemned by many Covenanting Ministers at their meeting at Edinburgh for a most desperate equivocation We are confident every man will detest especially in those men who boast themselves to be the onely sincere Professours of these times Besides Our Commissioner found that these men who would not so much as hear him speak of any precedent conference of any thing concerning the Assembly nor of any directions to be agreed upon for the more orderly proceeding in it but cried out against them as unsufferable prelimitations and prejudgings of the liberties of Christ and his Church had in the time of his absence at their Tables agreeed upon certaine directions comprehended in eight Articles which they had dispersed through the whole kingdome and commanded to be observed by the severall Presbyteries thereof in their elections the true copie whereof here followeth A direction for Presbyteries THat every Presbyterie have a copie of the Act made at Dundie the seventh of March 1597. concerning the number of Commissioners the tenour whereof followeth Because there hath beene no order hitherto anent the number of Commissioners to be directed from everie Presbyterie to the Generall Assemblie therefore it is statuted and ordained that in all time comming three of the wisest and gravest of the Brethren shall be directed from everie Presbyterie at the most as Commissioners to everie Assemblie and that none presume to come without Commission And likewise that one bee directed from everie Presbyterie in name of the Barons and one out of everie Burgh except Edinburgh which shall have power to direct two Commissioners to the Generall Assemblie That everie Presbyterie have a copie of the Commission to be given to the Commissioners the tenour thereof followes T.T. the day of The which day after calling upon the name of God We the members of the Presbyterie of having diligently considered the manifold corruptions innovations and disorders disturbing our peace and tending to the overthrow of our Religion and Liberties of the reformed Church within this Realme which hath come to passe especially through the want of the necessarie remedie of Generall Assemblies as well ordinarie as pro re nata injoyed by this Church for many yeares and ratified by Act of Parliament And now expecting shortly by the mercie of God the benefit of a free Generall Assemblie do by these presents nominate and appoint Minister of as also in name of the Burrowes conjunctly and severally our lawfull Commissioners giving and granting unto them our full power Commission and expresse charge to repaire to the said Assemblie at the day and place when and where it shall happen to sit in any safe and commodious place within this Kingdome and there with the rest who shall be authorised with lawfull Commission in our name to propone treat reason vote and conclude according to the word of God and confession of faith approved by sundrie Generall Assemblies and received throughout the whole Kingdome in all Ecclesiasticall matters competent to a free Generall Assemblie and tending to the advancement of the Kingdome of Christ and the good of Religion as they will answer to God and his Church thereupon and to report to us their diligence therein In testification of this our Commission and charge we have subscribed these presents with our hands and which they have accepted with the lifting up of their hands That everie Church Session send one of the most qualified Elders unto the Presbyterie the day of chusing Commissioners to the Generall Assemblie That by common consent of the Ministers and those Elders present in the Presbyterie there may bee chosen both the Commissioners for the Ministers and also some well affected and qualified Nobleman or speciall Gentleman being an Elder of some particular Church Session within that Presbyterie in name of the Barons For this is the constitution of the Presbyteries otherwise called Elderships appointed by the Church in the books of discipline Acts of the Generall Assemblie practised for many yeares after the reformation and ratified in the Parliament the twelfth of King James the 6. and never since altered nor rescinded neither can be with reason altered seeing that same is the constitution of the supreme and Generall Assemblies and of the inferiour and Church Sessions as is at more length cleared by some reasons That such as are erroneous in doctrine or scandalous in life be presently processed that they be not chosen Commissioners and if they shall happen to be chosen by the greater part that all the best affected both Ministers and Elders protest and come to the Assemblie to testifie the same To send to everie Presbyterie a copie of the printed reasons for an Assemblie That Moderators by vertue of their office bee not Commissioners to the Assemblie except they be chosen That the Presbyteries in one of the ordinarie meetings appoint to conveene solemnely after the twentieth of September either upon the 21.22.23.24 or 25. for chusing of their Commissioners to the Assemblie and for to send them hither to Edinburgh before the first of October or so soone as they can that with common consent they may receive the Kings last answer and advise upon the next lawfull remedies in their extreme necessities of Church and State That in the Fast to bee observed on the sixteenth day of September the second day preceding their election they may crave Gods direction therein TO these eight Articles they joyned by way of information a verie impertinent long and tedious discourse of Ruling Elders too long and too simple to be here inserted which was added no doubt onely to perswade the Ministers to admit Lay-men to have voyces in their Presbyteries at the election of the Ministers who were to be Commissioners for the Assemblie or in case of their refusall to perswade the Lay-men to put themselves in possession and give their voyces in these elections whether the Ministers would or no as shall appeare afterwards both by that intrusion which these Lay Elders used in many Presbyteries where the Ministers refused to admit them and by some of the Tables more private instructions by which they were ordered so to do Now We desire the Reader to consider whether the conference which Our Commissioner desired for debating of what members the Assemblie was to be constituted and the matters which were principally to be discussed there with so much bitternes exclaimed against by them could in any construction or sense be taken for such a prelimitation of the Assemblie either in the members matter or manner of it as
these eight Articles composed and commanded by their Tables In the second Article they set downe to everie Presbyterie a set forme of a Commission to be made to their Commissioners which was never done before and at the Assemblie when the severall Commissions were read it was observed that all the Commissions were the same verbatim except a verie few from some Presbyteries who would not be ruled by the Table and gave power to their Commissioners to continue no longer in the Assemblie then Wee or Our Commissioner in Our name should continue it In the same Article they will have the Presbyteries in their Commissions to take it pro confesso that the pretended and complained of Innovations are corruptions and disorders disturbing the peace and tending to the overthrow of their Religion and Liberties within the reformed Church of that Realme If this bee not to prejudge and take that for granted which was to be tried by the Assemblie whether it was so or not viz. whether these things complained of were Innovations and corruptions introduced in Religion We must leave it to the Reader to judge In the third Article they appoint Lay-men to sit in Presbyteries which had not beene done for above fortie yeares before Nay and these Lay-men to be equall in number with the Ministers which is contrarie to their owne book of Discipline alledged by them which did then order that the Ministers should alwayes exceed the number of the Lay Elders so that before this time they never were equall in number Nay that these Lay-men should have voices not onely in the chusing of their own Lay Elder but which is insufferable should have suffrage in the Election of the three Ministers Commissioners for the Assemblie which they themselves do know was never heard nor practised in that Church before in the verie first and strictest times of reformation nor ever since In the fourth Article they order a notable trick and device of their owne to bee put in practice whereby they were ascertained that no Minister should bee chosen Commissioner in any Presbyterie where they had any power but such as did undoubtedly concurre with them in their rebellious courses for they appointed and accordingly it was practised that everie man suspected to bee of a different judgement from them should presently bee processe and brought under the scandall of erroneous life or doctrine and so made uncapable of being chosen Commissioner according to which Article there were verie few Ministers in the Kingdome who had not subscribed their Covenant but they were presently suspended by their Presbyterie where they had voices to do it or at the least put under processe by some one or other which could not be prevented for no man can bee denied an originall processe against any man whom he will implead But yet this Article left no evasion if it should happen that such a one should be chosen Commissioner for in this case they ordered that the rest who gave not voices should protest against the election and complaine of it to the Generall Assemblie where they were sure enough to processe him there and lay him aside untill his processe should bee discussed which they did put in practise upon some Ministers who did not concurre in judgement with them at the first sitting downe of the Assemblie The sixth Article is directly against the Constitutions of their Church then in force and till then practised the Moderator of the Presbyterie being constantly one as being most able to give an accompt to the Assemblie of all Presbyteriall actions The seventh Article gives order for practising the above mentioned equivocation and enjoyneth them to make their elections before they received Our answer and that they repaire to Edinburgh immediately after their election that all the Commissioners elected may consult before hand upon what was to be said or done at the Assemblie which is in effect neither more nor lesse then to receive directions from their Tables how to carrie themselves at the Assemblie and indeed to preconveene and hold the Assemblie at Edinburgh before their meeting at Glasgow These were their publike instructions which they were not ashamed to avowe and send abroad from their Tables as it were by publike authoritie to the severall Presbyteries of that Kingdome And whether they do not containe prelimitations of the Assemblie we shall leave it to the Reader to judge But whether if We Our Commissioner or Councell had sent any such directions and instructions to the severall Presbyteries they would not have exclaimed against them as unsufferable prelimitations of that Assemblie and prejudgings of the liberties of the Church of Christ in that Realme Wee do appeale even to their owne consciences And yet these publike instructions are nothing to the private ones which they durst not communicate to all their partie but onely to some one Laick and one Minister their speciall confidents in every Presbyterie of which you shall heare more afterwards in their due place Notwithstanding all these discouragements arising from the disorderly proceedings of the Covenanters in the time of his absence Our Commissioner the day after the time prefixed for his returne viz. the 22. day of September 1638. assembled Our Councell at Our Palace of Holy-rood-house and there first delivered unto them this letter from Us as followeth Apud Holy-rood-house Septemb. 22. 1638. The which day James Marquesse of Hamiltoun His Majesties Commissioner produced and exhibited before the Lords of Privie Councell the two Missives underwritten signed by the Kings Majestie and directed to the said Lords which being read heard and considered by the said Lords They have ordained and ordaines the same to bee inserted and registred in the bookes of Secret Councell therein to remaine ad futuram rei memoriam whereof the tenour followeth CHARLES R. RIght trusty c. being certainly informed that the distractions which have happened of late both in Church and Common-wealth in this Our ancient Kingdome of Scotland have much troubled the minds of many of Our good and loyall subjects and that these distractions have beene occasioned upon jealousies and feares of innovation of Religion and Lawes as tending to the introduction of Poperie and not without some suspicion as if Wee Our selfe were inclined that way Upon occasion whereof many of Our subjects have of late subscribed a band or Covenant for preserving the true Religion and Lawes already established and for defending the Kings person and each others in defence thereof But the same not being warranted by Royall authority as that which was in Our deare Fathers time must needs of it selfe be ineffectuall and much prejudiciall to the ancient Forme and Custome of government kept within that Our Kingdome of Scotland Wherefore Wee out of Our inborne love to Our said native Countrie and for obviating these conceived feares and satisfying of you and all Our loving people have thought good to ordaine the Confession of Faith and band subjoyned thereto of the date at Edinburgh
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
people betweene two opinions and their not answering a word when the Lord called them to give a testimony Act. 20.20 I have keeped backe nothing that was profitable unto you and againe 1 Cor. 12.7 Mat. 15.18 Rom. 1.18 Revel 2.14.20 and 3.15 and therefore to keepe silence or not to meddle with corruptions whether in doctrine sacraments worship or discipline in a generall Assembly of the Kirk conveened for that end were the ready way to move the Lord to deny his Spirit unto us and to provoke him to wrath against our proceedings and might be imputed unto us for prejudice for collusion and for betraying our selves and the posterity 2. This predetermination is against our supplications and protestations wherein we have showne our selves so earnest for a free generall Assembly contrary to every limitation of this kind so far prejudging the liberty thereof is against the Confession of Faith registrated in the Parliament 1567. declaring that one cause of the Councels of the Kirk is for good policie and order to be observed in the Kirk and for to change such things as men have devised when they rather foster superstition then edifie the Kirke using the same and is against our late Confession wherein we have promised to forbeare all novations till they be tryed which obligeth us to forbeare now and to try them in an Assembly and by all lawfull meanes to labour to recover the former purity and liberty of the Gospel to which this limitation is directly repugnant our liberty in a Generall Assembly being the principall of all lawfull meanes serving to that end 3. This were directly contrary to the nature and ends of a generall assembly which having authority from God being conveened according to the lawes of the Kingdome and receiving power from the whole collective body of the Kirke for the good of Religion and safety of the Kirke Whatsoever may conduce for these good ends in wisedome and modestie should be proponed examined and determined without Prelimitation either of the matters to be treated or of the libertie of the members thereof It being manifest that as farre as the assembly is limited in the matters to bee treated and in the members to be used the necessary ends of the Assembly and the supreme Law which is the safety of the Kirke are as far hindered and pre-judged This limitation is against the Discipline of the Kirke which Booke 2. chap. 7. declareth this to be one of her liberties That the Assembly hath power to abrogate and abolish all Statutes and ordinances concerning Ecclesiasticall matters that are found noysome and unprofitable and agree not with the time or are abused by the people and against the acts of the generall assembly Like as the pretended Assembly 1610. declareth for the common affaires of the Kirk without exception or limitation it is necessary that there be yearly generall Assemblies And what order can be hoped for hereafter if this assembly indicted after so long intermission and so many grosse corruptions be limited and that more than ever any lawfull Assembly of the Kirk was when it was yearly observed 5. It is ordained in Parl. 11. act 40. K. James 6. anent the necessarie and lawfull forme of all Parliaments that nothing shall be done or commanded to be done which may directly or indirectly prejudge the libertie of free voycing or reasoning of the Estates or any of them in time comming It is also appointed in Parl. 6. act 92. K. James 6. that the Lords of Counsell and Session proceed in all civill causes intended or depending before them or to be intended to cause execute their decrees notwithstanding any private writing charge or command in the contrarie and generally by the acts of Parliament appointing every matter for its owne judicatorie and to all judicatories their owne freedome And therefore much more doth this liberty belong to the supreme judicatorie ecclesiastick in matters so important as concerneth Gods honour and worship immediatly the salvation of the peoples Soules and right constitution of the Kirk whose liberties and priviledges are confirmed Parl. 12. K. James 6. Parl. 1. K. Charles for if it be carefully provided by diverse Acts of Parliament especially Parl. 12. act 148. K. James 6. That there be no forstalling or regrating of things pertaining to this naturall life What shall be thought of this spirituall for stalling and regrating which tendeth to the famishing or poysoning of the soules of the people both now and in the generations afterward 6. It were contrary to our Protestations proceedings and complaints against the late innovations And it might be accounted an innovation and usurpation as grosse dangerous to us and the posterity and as prejudiciall to Religion as any complained upon by us to admit limitations and secret or open determinations which belongeth to no person or judicatorie but to an Assembly Or to consent to and approve by our silence the same predeterminations It were to be guilty of that our selves which we condemne in others We may easily judge how the Apostles before the Councell of Jerusalem the Fathers before the Nicene Councell and our Predecessors before the assembly holden at the Reformation and afterwards would have taken such dealing That this Proclamation commandeth all his Majesties Subjects for maintenance of the Religion already established to subscribe and renew the Confession of Faith subscribed before in the yeere 1580 and afterward And requireth the Lords of privie Councell to take such course anent the same and the generall Band of Maintenance of the true Religion and the Kings person that it may be subscribed and renewed throughout the whole Kingdome with all possible diligence which cannot now be performed by us For although of late we would have been glad that our selves and other his Majesties Subjects had been commanded by authority to sweare and subscribe the generall Confession of Faith against Popish errours and superstitions and now would be glad that all others should joyne with us in our late Covenant Confession descending more specially to the novations and errors of the time and obliging us to the defence of Religion and of the Kings Majesties person and authority and for these ends to the mutuall defence every one of us of another Yet can we not now after so necessarie and so solemne a specification returne to the generall for the reasons following 1. No means have been left unassayed against our late Confession of Faith and Covenant so solemnly sworn and subscribed For first we were prest with the rendring and rescinding of our Covenant Next an alteration in some substantiall points was urged 3. A Declaration was motioned which tended to the enervation thereof and now we find in the same straine that we are put to a new tryall and the last mean is used more subtile than the former That by this new subscription our late Covenant and Confession may be quite absorbed and buried in oblivion that where it was intended
of 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
disorders absolutely forgotten and forgiven and for the more full and cleare extirpating all ground and occasion of feares of innovation of Religion We had commanded the confession of faith and band for maintenance thereof and of authoritie in defence of the same subscribed by Our deare Father and his houshold in anno 1580. to bee renewed and subscribed againe by Our subjects here Like as for settling of a perfect peace in the Church and Common-wealth of this Kingdome We caused indict a free generall Assembly to bee holden at Glasgow the 21. of this instant and thereafter a Parliament in May 1639. By which element dealing We looked assuredly to have reduced Our subjects to their former quiet behaviour and dutifull carriage whereto they are bound by the Word of God and Lawes both nationall and municipall to Us their native and Soveraigne Prince And albeit the wished effects did not follow but by the contrary by Our so gracious procedure they were rather emboldened not onely to continue in their stubborne and unlawfull waies but also daily adde to their former procedures acts of neglect and contempt of authority as evidently appeared by open opposing of Our just and religious pleasure and command exprest in Our last Proclamation anent the discharge of the Service Booke Booke of Canons high Commission c. protesting against the same and striving by many indirect meanes to withdraw the hearts of Our good people not onely from a hearty acknowledgement of Our gracious dealing with them but also from the due obedience to those Our just religious commands notwithstanding We had been formerly so oft petitioned by themselves for the same By their daily and hourely guarding and watching about Our Castle of Edinburgh suffering nothing to bee imported therein but at their discretion And openly stopping and impeding any importation of ammunition or other necessaries whatsoever to any other of Our houses within that Kingdome Denying to Us their Soveraigne Lord that libertie and freedome which the meanest of them assume to themselves an act without precedent or example in the Christian world By making of Convocations and Councell Tables of Nobility Gentry Burrowes and Ministers within the Citie of Edinburgh where not regarding the Lawes of the Kingdome they without warrant of authoritie conveene assemble and treat upon matters as well ecclesiasticall as civill send their injunctions and directions throughout the countrey to their subordinate Tables and other under-ministers appointed by them for that effect And under colour and pretext of Religion exercing an unwarranted and unbounded libertie require obedience to their illegall and unlawfull procedures and directions to the great and seen prejudice of Authority and lawfull Monarchicall government And notwithstanding it was evidently manifest by the illegall and unformall course taken in the election of their Commissioners for the Assembly whereof some are under the censure of this Church some under the censure of the Church of Ireland and some long since banished for open and avowed teaching against Monarchie others of them suspended and some admitted to the Ministerie contrary to the forme prescribed by the Lawes of this Kingdome others of them a long time since denounced Rebels and put to the Horne who by all law and unviolable custome and practique of this Kingdome are and ever have been incapable either to pursue or defend before any Judicatorie far lesse to be Judges themselves some of them confined and all of them by oath and subscription bound to the overthrow of Episcopacie And by this and other their under-hand working and private informations and perswasions have given just ground of suspicion of their partiality herein so made themselves unfit Judges of what concerneth Episcopacie And also it was sufficiently cleared by the peremptorie and illegall procedures of the Presbyteries who at their own hand by order of law and without due forme of processe thrust out the Moderatours lawfully established and placed others whom they found most inclinable to their turbulent humours associate to themselves for the choosing of the said Commissioners for the Assembly a Laick-Elder out of each Paroch who being in most places equall if not moe in number then the Ministerie made choice both of the Ministers who should be Commissioners from the Presbyteries as also of a Ruling-Elder being directed more therein by the warrants from the foresaid pretended Tables then by their owne judgements as appeares by the severall private instructions sent from them farre contrary to the Lawes of the Countrey and lowable custome of the Church by which doings it is too manifest that no calme nor peaceable procedure or course could have been expected from this Assembly for settling of the present disorders and distractions Yet We were pleased herein in some sort to blindfold Our own judgement and over-looke the saids disorders and patiently to attend the meeting of the said Assembly still hoping that when they were met together by Our Commissioner his presence and assistance of such other well disposed subjects who were to be there and by their owne seeing the reall performance of all that was promised by Our last Proclamation they should have been induced to returne to their due obedience of subjects But perceiving that their seditious disposition still increases by their repairing to the said Assembly with great bands and troupes of men all boddin in feare of warre with guns and pistolets contrarie to the lawes of this Kingdome custome observed in all Assemblies and in high contempt of Our last Proclamation at Edinburgh the 16. of this instant As also by their peremptory refusing of Our Assessors authorized by Us although fewer in number then Our dearest Father was in use to have at divers Assemblies the power of voting in this Assembly as formerly they have done in other Assemblies and by their partiall unjust and unchristian refusing and not suffering to bee read the reasons and arguments given in by the Bishops and their adherents to Our Commissioner why the Assembly ought not to proceed to the election of a Moderatour without them neither yet to the admitting of any of the Commissioners of the saids Commissioners from Presbyteries before they were heard object against the same though earnestly required by our Commissioner in our name And notwithstanding that our Commissioner under his hand by warrant from us gave in a sufficient declaration of all that was contained in our late proclamation and declaration the same bearing likewise our pleasure of the registration of the same in the books of assembly for the full assurance of the true religion to all our good subjects And yet not resting satisfied therewith lest the continuance of their meeting together might produce other the like dangerous acts derogatorie to royall authoritie we have thought good for preveening thereof and for the whole causes and reasons above-mentioned and divers others importing the true monarchicall government of this estate to dissolve and breake up the said assembly And therefore OVR will is and we
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
represented the third Estate since the Reformation beginning no higher then the yeare 1579. In which the Reader must note that the Abbots were secular men who had got the Abbey-lands but yet retained their names and places in Parliament Parliament 23. Octob. 1579. Sederunt pro Clero Archb. S. Andrews Sederunt pro Clero Glasgow Sederunt pro Clero Dunkell Sederunt pro Clero Murray Sederunt pro Clero Orknay Sederunt pro Clero Brechin Sederunt pro Clero Abbots 15. Parliament penult Octob. 1581. Sederunt pro Clero Archb. S. Andrews Sederunt pro Clero Brechin Sederunt pro Clero Orknay Sederunt pro Clero Abbots 12. Parliament 2. Octob. 1583. Sederunt pro Clero Archb. S. Andrews Sederunt pro Clero Dunkell Sederunt pro Clero Aberdene Sederunt pro Clero Brechin Sederunt pro Clero Orknay Sederunt pro Clero Dumblane Sederunt pro Clero Argyl Sederunt pro Clero Iles. Sederunt pro Clero Abbots 13. Parliament 22. May 1584. Sederunt pro Clero Archb. S. Andrews Sederunt pro Clero Dunkel Sederunt pro Clero Brechin Sederunt pro Clero Orknay Sederunt pro Clero Abbots 11. Parliament 26. August 1584. Sederunt pro Clero Archb. S. Andrews Sederunt pro Clero Dunkel Sederunt pro Clero Brechin Sederunt pro Clero Aberdene Sederunt pro Clero Abbots 4. Parliament 1. Decemb. 1585. Sederunt pro Clero Archâ— S. Andrews Sederunt pro Clero Dunkel Sederunt pro Clero Brechin Sederunt pro Clero Orknay Sederunt pro Clero Abbots 9. Parliament 13. July 1587. Sederunt pro Clero Archb. S. Andrews Sederunt pro Clero Aberdene Sederunt pro Clero Dunkell Sederunt pro Clero Orknay Sederunt pro Clero Brechin Sederunt pro Clero Abbots 13. Parliament 3. Aprill 1592. Sederunt pro Clero Orknay Sederunt pro Clero Dunkell Sederunt pro Clero Abbots 6. Parliament 3. Aprill 1593. Sederunt pro Clero Aberdene Sederunt pro Clero Brechin Sederunt pro Clero Abbots 6. Parliament 22. Aprill 1594. Sederunt pro Clero Dunkell Sederunt pro Clero Aberdene Sederunt pro Clero Brechin Sederunt pro Clero Abbots 5. Parliament 1. Novemb. 1597. Sederunt pro Clero Abbots 5. Parliament 1. Novem. 1600. Sederunt pro Clero Dunkell Sederunt pro Clero Brechin Sederunt pro Clero Abbots 6. Parliament 12. Aprill 1604. Sederunt pro Clero Glasgow Sederunt pro Clero Dunkell Sederunt pro Clero Rosse Sederunt pro Clero Brechin Sederunt pro Clero Caithnes Sederunt pro Clero Abbots 3. Parliament 3. July 1606. Sederunt pro Clero S. Andrewes Sederunt pro Clero Glasgow Sederunt pro Clero Dunkell Sederunt pro Clero Rosse Sederunt pro Clero Galloway Sederunt pro Clero Orknay Sederunt pro Clero Abbots 1. Sederunt pro Clero Priors 1. Parliament 3. August 1607. Sederunt pro Clero St. Andrewes Sederunt pro Clero Glasgow Sederunt pro Clero Murray Sederunt pro Clero Brechin Sederunt pro Clero Caithnes Sederunt pro Clero Orknay Sederunt pro Clero Abbots 3. ABout this time Our Commissioner resolved to aske Our leave for his returne to Us seeing there was no good to bee expected from Our faire and gracious proceedings with them of the pretended Assembly and wrote unto Us accordingly When he had received Our leave for his returne hee hearing of the great stirres which were now raised at Edinburgh and the strong and great guards which were since his leaving of Glasgow put upon Our Castle there repaired thither to Our Palace at Holy-rood-house where he found the people of that Citie horribly abused by the mis-reports of all the passages of the Assembly whilst he continued at Glasgow especially with a false information that We had there made good nothing of all which was contained in Our last gracious Declaration made at Edinburgh the 22. of September last past herewith hee made Us presently acquainted which moved Us by a very speedie dispatch to command him by Our Proclamation to make known to all Our subjects at Edinburgh the summe of his whole proceedings at Glasgow which Our Commissioner presently performed by causing this Our ensuing Proclamation to bee published at the Market Crosse of that Our Citie Charles R. CHARLES by the grace of God King of Scotland England France and Ireland defender of the Faith To Our Lovits Maissars Heraulds Pursevants Our Sheriffes in that part conjunctly and severally specially constitute greeting Whereas for the removing of the disorders which had happened of late within this Our Kingdome and for setling of a prefect peace in the Church and Common-wealth thereof We were pleased to cause indict a free generall Assembly to be holden at Glasgow the one and twentieth of November last And for Our subjects their better content and assurance that they should bee freed of all such things as by their petitions and supplications given in to the Lords of Our Privie Councell they seemed to be grieved at We in some sort preveened the Assembly by discharging by Our Proclamation the Service Book Booke of Canons and high Commission freed and liberate Our subjects from the practising of the five Articles eximed all Ministers at their entry from giving any other oath then that which is contained in the act of Parliament made all persons both Ecclesiasticall Civill lyable to the censure of Parliament generall Assembly or any other judicatorie competent according to the nature of their offence had declared all by-gone disorders absolutely forgotten and forgiven and last for securing to all posteritie the truth and liberty of Religion did command the Confession of Faith and band for maintenance thereof and of authoritie in defence of the same subscribed by Our deare Father and his houshold in anno 1580. to be renewed and subscribed againe by Our subjects here And albeit that this Our gracious and pious command in stead of obedience and submission rancountred open and publicke opposition and protestation against the same And that they continued their daily and hourely guarding and watching Our Castle of Edinburgh suffering nothing to be imported therein but at their discretion stopping and impeding any importation of ammunition or other necessaries whatsoever to any of Our houses within this Kingdome Denying to Us their soveraigne Lord that libertie and freedome which the meanest of them assume to themselves an act without precedent or example in the Christian world Like as they spared not boldly and openly to continue their conventions and Councell tables of Nobility Gentrie Ministers and Burgesses within the citie of Edinburgh where not regarding the laws of the Kingdome without warrant of Authority they conveened assembled and treated upon matters as well Ecclesiasticall as Civill sent their injunctions and directions throughout the countrey to their subordinate tables and other under Ministers appointed by them for that effect And under colour and pretext of Religion exercing an unwarranted libertie required obedience to their unlawfull and illegall directions to the
and Records that the Castle of Edinburgh was given in keeping to the house of Erskine by the King and Estates of Parliament hac lege expressa conditione ut nulli nisi conventui ordinum reposcenti traderent Eighthly this Act is not unexampled in the Christian world but hath many presidents both in the History of other Kirks and Kingdomes and of our own which hath many such examples even done by the Estates themselves whose fact doth make our right and whose authority is ratified conforme to the ancient and loveable custome in punishing rebellious subjects and preserving the faithfull Act 130. Par. 8. James 6. In the next place we are upbraided for our meetings which in the Proclamation are called Councell Tables only by that name which by ordinary expression is due to judicatories to make it beleeved that we have arrogate to our selves some unwarrantable power and authority which we neither have nor intends to doe God willing whereas the truth is that in a matter so highly importing all of us as the preservation of Religion and purity of Gods worship it was most necessary for us to meet and that in a sober modest and quiet way for deliberating with joynt advice upon those weighty businesses for the good of the Kirke his Majesties honour and peace of the Kingdome And those meetings did never emit nor send forth any authoritative command or injunctions but conclude upon such advices as might be most expedient for advancing that great businesse and facilitating the way of supplication to his Majestie and overtures for the Assembly and Parliament which was an Act lawfull and approvable in the selfe albeit the conclusions thereof did not carry the force or validity of a binding law or command which was never aimed at nor intended Which meetings they might warrantably keepe for that end being for Gods glory and removing the iust grievances of the subiects no waies prohibited by any of our municipall Lawes which disapproveth such conventions as are for disturbance of the peace or usurpation against Authority whereof neither of the two can bee alledged against these meetings Not the first because no invasion violence offer of wrong by word or deed to any person no even to those upon whom they justly complaine ensewed upon the same notwithstanding of their provocations and their feares falsly represented to his Maiesty and maliciously pretended for their stay out of the Countrey Not the second because their meetings was to consult in manner foresaid upon the most fitting and humble way of supplicating his Maiestie and for the most convenient propositions to bee represented to his Maiesty the Parliament and Assembly all which acts are most compatible with the loyalty and duty of good subjects and doe no waies intrench upon Authority seeing they can never be challenged to have assumed to themselves any judiciall determination in any matter of State Civill nor Ecclesiasticall but by voluntary instructions and opinions every one to another in a common cause of Religion did resolve what might be most conducible to their lawfull and iust ends And yet those conventions want not the warrant of Law and Authority because they consist of the Nobility Barons Burrows and Ministerie which by the fundamentall Lawes of the Land have place of proponing reasoning and voting in Parliament and Assemblies Act 113. King James the 6. Parl. 11. wherein is acknowledged that it is necessary to the King and his Estates to be truly informed of the needs and causes pertaining to His loving subjects in all estates and therefore ratifieth the Act made by King James 1 anno 1427. Giving power to Barons to propone all and sundry needs and causes and to heare treat and determine all causes to be proponed in Parliament which necessary and true information cannot be made to his Majestie and Estates without privy meeting and consultation and consequently it being granted to them to informe the King and Estates and to propone heare treat and finally determine all needs and causes to be proponed in Parliament there must be necessarily understood to be a sufficient power granted to them for meeting and advising upon that information Quia aliquo concesso omnia concessa videntur sine quibus concessum expediri nequit And as to the Ministers they have likewayes power granted to them not onely by the word of God and constitutions of the Kirke but by the King and laws of this land to propone reason and vote in Assemblies and be the samine parity of reason to keep preceding meetings not to determinate or execute but to consult upon their necessary propositions So that these lawfull meetings for the religious end suffer wrongously the invidious designation of Councell tables which is onely done for procuring misconstruction against them because at these meetings and consultations they sat about a table which posture is no wayes prejudiciall to Authority the meanest of mechanik crafts having their own tables where about they sit when they consult upon the smallest businesse importing their trade And farder these same meetings consisting of Commissioners from each Sheriffedome and body of this Estate were allowed by his Majesties Councel first and thereafter by the Commissioner his Grace In so farre as the whole subjects of this kingdome out of their resentment of the weight of this cause having numerously conveened at Edinburgh from all the parts of the kingdome that confluence of people was desired to be dissolved and directed to make choose forth of that great number of some Commissioners from each shire who might meet to represent their just grievances and desires and attend the answers thereof The third particular challenge in the Proclamation is for the illegall and unformall course taken in the election of Commissioners to the Assembly whereof some are alledged to have beene under the censure of this Kirke some under the censure of the Kirke of Ireland some banished for teaching against Monarchie others being suspended some admitted to the Ministery contrare to the laws of this kingdome others at the Horne some confined and all by oath bound to the overthrow of Episcopacie Whereunto although no answer be requisite seeing the persons thereby meaned are not specially condescended upon yet for clearing all mens mindes and showing the warrantablenesse of our proceedings it is of truth that the Assembly after particular triall which they took upon some such surmises could not finde any censured by the Kirke of Scotland or Ireland by a lawfull manner in a lawfull judicatory or for a lawfull cause but on the contrary the Assembly after carefull searching and examination found that any censure inflicted upon any of these persons in Scotland was only by a Bishop who ought to be punished for taking arrogantly on him the name of the Kirke of Scotland and that without the advice of any Presbytery but sitting in his high commission which was condemned by the laws of this Kirke and
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
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
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
interpretation of the Confession as the like hath scarcely beene heard Thirdly where was it ever heard that men pretending for a ground of their proceedings the president of a former Confession and band annexed did dare to adde any thing to the text of that Confession and band upon which they meant to build their actions But these men have taken upon them not onely without authoritie to make an interpretation of that Confession but flatly against Authoritie to adde to the verie text of the band of maintenance For whereas the band annexed to the former Confession was made in defence of Us Our Authoritie and Person with their fortunes bodies and lives in defence of the Gospel of Christ and liberties of that Our Kingdome c. they have added a mutuall defence of one another So that the band which was at the first made against those subjects who went about to correspond with forreiners for the subversion of Our Religion and Kingdome is now made against all persons whatsoever who shall oppose them in their courses That band which was made in defence of Our person and authoritie against all treason at home and invasion from abroad is now principally made against Us if We shall oppose their courses and next against all such of Our loyall subjects as shall adhere to Us in defence of Our person and authoritie For these words against all persons whatsoever not excepting Us shewes their bad meaning too well Now whether Our Royall Father in the first band by defence of His person and authoritie meant maintenance against Us His successor Our person and authoritie for they urge the intention of the first Confession and band as a warrant for this new one of theirs or whether the words of the Emperour or any Monarch or any other Law-giver in any of their Lawes or Rescripts can bee taken in any tolerable construction against the Crowne and Dignitie of themselves and successors Or how these new Covenanters can with the same breath blow both hot and cold with the same hand both strike and stroake Us in one sentence swearing to defend Our person and authoritie and yet in the next swearing to defend one another against all persons whatsoever not excepting Us if not principally intending Us We leave it to the world to consider Fourthly what shew of defence can these men make to save themselves from being punished with all rigour as movers of sedition and disturbers of the publike peace and quietnesse of the Kingdom since the Act of the tenth Parliament of James the sixt Act. 12. and the 75. Act of the ninth Parliament of Queene Marie to which the Act last mentioned relateth have declared all leagues of subjects amongst themselves without the privitie and approbation of the King to be seditious and the Authors and Abetters of them to be punished as movers of sedition The tenth Parliament of James the sixth Act. 12. FOrasmuch as there was an Act made in the Regiment of Mary late Queen dowager and Regent of this Realme Our Soveraigne Lords grandmother of worthy memory concerning leagues and bands as being thought against all law and obedience of subjects towards their Princes The not observation of which Act since the making hath given occasion of many troubles which have occurred since VVherefore Our Soveraigne Lord with the advice of His three Estates conveened in this present Parliament ratifieth approveth and for His successours perpetually confirmeth the said Act of Parliament and ordaineth the same to have full effect and â—xecution in all time to come And also of new with the advice of His said three Estates dischargeth and annulleth all leagues and bands made between his lieges and subjects at any time by-past preceding the date hereof And statuteth and ordaineth that in time to come no leagues nor bands be made amongst His subjects of any degree upon whatsoever colour or pretence without His Highnesse or His successours privitie and consent had and obtained thereunto under the paine of being held and executed as movers of sedition and unquietnesse to the breach and trouble of the publick peace of the Realme and to be cited and pursued therefore with all rigour to the example of others The ninth Parliament of Queen Mary Act. 75. IT is statuted and ordained by the Queenes Majestie and three Estates in Parliament That no manner of person or persons of whatsoever qualitie estate condition or degree lieges of this Realme attempt to doe or raise any bands of men of warre on horse or foot with Culverings Pistols Pikes Spears Jacks Splents Steel-bonnets white harnis or other warre-like munition whatsoever for daily weekly or monethly wages in any time to come without speciall licence in writing had and obtained of Our Soveraigne Lady and her successours under the paine of death to be executed upon the raisers of the said bands as also upon them that doe conveen and rise in bands Now Our consent to their Covenant was not onely never granted but never so much as once asked When they have satisfied these important questions and considerations which are obvious to all men who are acquainted with Lawes and Government then let them bethinke themselves how they will answer not onely to all Divines abroad who are not Jesuited but even to their own Universities at home in that Our Kingdome in the case of conscience how any Oath much lesse such an unlawfull Oath as this can be administred to any Prince his subjects without his consent or authoritie There are but two Universities in Scotland which conferre all Degrees S. Andrewes and Aberdene both these upon the first comming abroad of this their Covenant and Oath did oppose it and severally set forth sent abroad and dispersed in writing those excellent and unanswerable Reasons against it which Wee have seene and have but which the Covenanters did never answer Besides the Divines of Aberdene set out in print their Queries to the three Ministers sent thither from their Table to perswade their Covenant which how poorely and pitifully they answered and so againe how they answered the same mens Duplies as miserably as their former Queries We leave to the judgement of Schollers to whom these three Ministers weakenesse in their answers hath made them sufficiently ridiculous There is likewise an Universitie in Glascow which because it hath but one Colledge and hath not of late conferred any Degree above that of Master of Arts is called the Colledge of Glascow They of that Colledge were verie backward to come into their Covenant untill they were extremely threatned and when they came in they premitted such interpretations and limitations as were destructive of the verie foundation of it some of the Regents never came in at all In the Colledge of Edinburgh where there are but foure Regents how two of them for not subscribing their Covenant were expelled from their places is notoriously knowne Now one would thinke that in any Kingdome the judgement of the learned Professors in Universities
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
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
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
the application therof alreadie sworn by us for the Reasons above expressed And because as we did in our former Protestation appeale from the Lords of his Majesties Councell so do we now by these renew our solemne appeale with all solemnities requisite unto the next free Generall Assemblie and Parliament as the onely supreme nationall Judicatories competent to judge of nationall causes and proceedings Sixthly We protest That no subscription whether by the Lords of Councell or others of the Confession mentioned in the Proclamation and enjoyned for the maintenance of Religion as it is now already or at this present time established and professed within this Kingdome without any innovation of Religion or Law be any manner of way prejudiciall to our Covenant wherein we have sworne to forbeare the practice of Novations alreadie introduced c. till they be tried in a free Assemblie And to labour by all lawfull meanes to recover the puritie and libertie of the Gospel as it was established and professed before the foresaid Innovations And in like manner that no subscription foresaid be any derogation to the true and sound meaning of our worthie predecessours at the time of their subscription in the year 1581. and afterward Withall warning and exhorting all men who lay to heart the cause of Religion against the corruptions of the time the present estate of things both to subscribe the Covenant as it hath bin explained and necessarily applied and as they love the puritie and libertie of the Gospel to hold back their hands from all other Covenants till the Assembly now indicted be conveened and determine the present differences and divisions and preserve this country from contrarie oathes Seventhly As his Majesties royall clemencie appeareth in forgiving and forgetting what his Majestie conceiveth to be a disorder or done amisse in the proceeding of any so are we very confident of his Majesties approbation to the integrity of our hearts and peaceablenesse of our wayes and actions all this time past And therfore We protest that we still adhere to our former complaints protestations lawfull meetings proceedings mutuall defences c. All which as they have been in themselves lawfull so were they to us pressed with so many grievances in his Majesties absence from this native kingdome most necessary and ought to be regarded as good offices and pertinent duties of faithfull Christians loyall subjects and sensible members of this Kirk and Commonwealth as we trust at all occasions to make manifest to all good men especially to his sacred Majestie for whose long and prosperous government that we may live a peaceable and quiet life in all godlinesse and honestie We earnestly pray WHereupon a noble Earle James Earle of Montrose c. in name of the Noblemen M. Alexander Gibson younger of Durie in name of the Barons George Porterfield Merchant Burgesse of Glasgow in name of the Burrowes M. Harie Rollock Minister at Edinburgh in name of the Ministers and M. Archbald Johnston Reader hereof in name of all who adhere to the Confession of Faith and Covenant lately renewed within this Kingdome tooke instruments in the hands of three Notars present at the said Mercate Crosse of Edinburgh being invironed with great numbers of the foresaid Noblemen Barons Gentlemen Burrows Ministers and Commons before many hundred witnesses and craved the extract thereof And in token of their dutifull respect to his Majestie confidence of the equitie of their cause and innocencie of their carriage and hope of his Majesties gracious acceptance they offered in all humilitie with submisse reverence a copie thereof to the Herauld ANd now for triall of what Wee have said the Reader may reflect upon these particulars Not farre from the beginning they averre that they did confidently expect from Us a free Generall Assemblie and Parliament to be indicted and that Our Commissioner promised to recommend unto Us this their suit for a free Generall Assemblie without prelimitation either in the constitution and members thereof in the order and manner of proceeding or in the matters to bee treated of and do insinuate as if Wee had not given order for any such Assemblie in Our Declaration which everie Reader looking upon Our Declaration may see to be most untrue for in it We give warrant to Our Commissioner to indict a free Generall Assemblie nor is there there either mention or meaning of any prelimitation though they themselves did use verie many some whereof you have heard alreadie and shall heare of more hereafter Afterwards they quarrell with Our Declaration for ascribing all the late distractions of this Church and Common-wealth to their conceived feares of the Innovation of Religion and Lawes and not to the Innovations themselves No doubt a great crime that We will not acknowledge that the Service Book which was penned at first by those who laid downe their lives in opposition to Poperie is an introduction to Poperie and We do professe that We did discharge that Book onely to remove their feares and doubts and ease their pretended grievances nor can Wee condemne that Book without condemning the Service Book of England for the Covenanters arguments strike alike at both Then immediatly after They take it ill that though We have discharged the practice of these pretended Innovations and voided all Acts made for the establishing of them yet We have not rescinded Our former Proclamations at Sterling and Edinburgh As if nothing could content them unlesse Wee should disgrace Our owne Proclamations which did not any way establish or authorize the things complained of nay more unlesse We will call back Our own words which cannot be interpreted to any such sense as they would force upon them they would make Our people beleeve that the libertie of the generall Assemblie is prejudged in a suspicious undutifull and dangerous phrase tell them That they do not consider with whom they are dealing as if no trust were to be given to Us Next they quarrell with Our discharging of the practice of the Articles of Perth but not the Articles themselves which are established by acts both of Parliament and Generall Assemblie and yet Wee dare say that they would hold it for a strange position if We should use Our Prerogative to the disanulling of any thing established by these two Judicatories nay if We and the Parliament joyntly should as the world goeth now offer to disanull any act of their Generall Assemblie so glad they are to quarrell with Our Declaration that in their eagernesse they destroy their owne grounds Their next cavill if it were possible is as senslesse as the former whereby they averre that Our naming of Bishops in Our Proclamation for the indiction of the Assemblie is a prelimitation of it because thereby We take it as granted that the office of a Bishop is unquestionably an office in that Church and Kingdome and this they call a great prelimitation put upon the Assemblie but with what shew of consequence We cannot possibly conceive
people in the least point they having ordered that in most places of the Kingdome the day designed by Us for the Fast should not be observed certainly onely because it was commanded by Us as being unwilling that Wee whom they had given out to Our people for an Innovator in Religion and an Introducer of Poperie should be thought by them to have any care of so religious an exercise as a solemne Fast And how that in Edinburgh though the Magistrates by their earnest intreatie had procured the observation of it yet they could not obtaine it without putting a speciall affront upon authoritie by displacing of those Ministers who had continued in loyaltie and obedience to Us. But these were nothing to their other violences whereby they would have Our Commissioner take notice that it was impossible their proceedings at the Assemblie should bee pleasing unto Us For not onely in many of their Pulpits did they preach That whosoever subscribed Our Covenant were perjured and villaines but when some affirmed the contrarie and reproved the Preachers for such furious speeches after their Sermon was ended they were cited before their Presbyteries for so doing and threatned with excommunication Nay more then so there were few Ministers of the Kingdome not subscribers of their Covenant whom they did not presently processe and cite before their severall Presbyteries and notwithstanding their Appeales to the Generall Assemblie then approaching yet they would not shew so much patience but proceeded to present most illegall and unwarrantable suspending of them and other censures as best pleased them which being complained of to Our Commissioner and Councell could finde no redresse although they sent many times to the Covenanters requiring them to forbeare all such unjust proceedings and to referre the triall of these oppressed Ministers causes to the Generall Assemblie which was now at hand None were so insolent as the Presbyterie of Edinburgh for they presently put verie many of their Ministers under processe They begun with one Master David Michell Minister of Edinburgh Our Commissioner wrote earnestly to that Presbyterie to forbeare proceeding against him untill the Assemblie to the which hee had appealed and where his cause might have a full and faire triall which they not only most unjustly rejected but were so unmannerly as they did not vouchsafe to answer his Letter either by message or otherwise The next Presbyterie day he wrote to them againe to the same purpose but with the like successe for they proceeded without taking notice of his Letter or returning any answer to it although in that second Letter he had desired them either to delay their proceedings that day or else to send one or more of their number to him being then hard by at Our Palace at Holy-rood-house who might shew him some reason why they could not stay so long as untill the Assemblie which was now so neere approaching Our Commissioner wondring at this contempt by the advice of some of the principall Lords of Our Councell sent for an Officer of Our Councell and directed him to them with an ordinarie warrant drawne up in an ordinarie forme by the Clerk of Our Councell requiring them in Our name under paine of Our high displeasure and as they would answer the contrarie at their utmost perill to desist from any further proceeding in that cause untill the Generall Assemblie to which the Defendant had appealed and which was to begin within foureteene dayes This warrant was delivered unto them by the Officer of Our Councell in whose audience it was read and when hee required an answer to it hee received none but in highest contempt of Our Crowne Dignitie and Royall commandement and against all rules of Justice the Appellants appeale to the superiour Court of a Generall Assemblie legally depending for doctrines preached by him foure yeare since at least and the witnesses being all Lay-men who besides their no extraordinarie memorie for such a time as was laid were men of such meane and ordinary understanding as that it was improbable if not impossible that they should understand the doctrines wherewith he was charged and some of them being uncontroverted and such as are generally received by all Protestant Churches in the world they presently suspended him and discharged him from the place of his Ministerie and afterward to make their contempt the greater sent downe three of their number to tell Our Commissioner that they had done so who offered to shew him reasons for their so doing But Our Commissioner told them That since they were not pleased to shew him their reasons before their sentence as he required hee would not heare their reasons after their sentence as they desired But to let passe this and many more their such unjust proceedings against those Ministers which continued in Our obedience in all places of the Kingdome even when the Assemblie was readie to begin notwithstanding these Ministers legall appeales thereunto We shall desire the Reader to observe their proceedings in one processe which We are confident was framed and pursued with such malice injustice falshood and scandall not onely to the reformed Religion in particular but to the Christian Religion in generall as it cannot be paralleled by any president of injustice in precedent ages nor We hope shall ever be followed in future and which if it were known amongst Turks Pagans or Infidels would make them abhorre the Christian Religion if they did think it would either countenance or could consist with such abominable impietie and injustice It is their processe against all and everie one of the Archbishops and Bishops of that Kingdome The Covenanters did indeed first desire Our Commissioner in his owne name and as hee was Our Commissioner to grant out processe against the Archbishops and Bishops and thereby to cyte them to appeare as rei or guiltie persons To whom he returned this faire answer That he did not hold it fit to cyte them as guiltie of whose guiltinesse hee had no presumptions and besides that he would be loath to do an act which should void according to their grounds both the Prelats places and voices in the Assemblie they having laid it downe for a rule though it were a false one that parties cyted can have no suffrage there yet if either by the Law or practice of that Kingdome the Kings Commissioner or Commissioners did use to grant out any such processe hee would not refuse it being resolved to concurre with them in any course of Justice but he hoped that they would not make Us his master or himselfe do any act prejudiciall to the Bishops their place and government before they were heard and that in the meane time for their satisfaction he would advise with some of Our Judges and Our Advocate whether any such processe was awardable or had usually beene awarded by Our Royall Fathers Commissioners to the Generall Assemblie and according to their advice hee would doe that which should bee agreeable to Justice From this answer of
of that employment by their places or such as are legally disabled to sit and decide in an Assemblie of the Church a meeting consisting of such members cannot be thought a free and lawfull Assemblie By that Act of Parliament Ja. 6. par 3. cap. 46. 1572. Everie Minister who shall pretend to be a Minister of Gods Word and Sacraments is bound to give his assent and subscription to the Articles of Religion contained in the Acts of our Soveraigne Lords Parliament and in presence of the Archbishop Superintendent or Commissioner of the Province give his oath for acknowledging and recognoscing of our Soveraigne Lord and his authoritie and bring a testimoniall in writing thereupon and openly upon some Sunday in time of Sermon or publike Prayers in the Kirk where hee ought to attend read both the testimoniall and Confession and of new make the said oath within a month after his admission under the paine that every person that shall not do as is above appointed shall ipso facto bee deprived and all his Ecclesiasticall promotions and living shall bee then vacant as if he were then naturally dead and that all inferiour persons under Prelats be called before the Archbishops Bishops Superintendents and Commissioners of the Dioceses or Province within which they dwell as the Act beares All of the Clergie conveened to this Assemblie pretend themselves to be Ministers of Gods Word and Sacraments and have benefices or other Ecclesiasticall livings yet neverthelesse the most part of them have never in presence of the Archbishop Bishop Superintendent or Commissioner of the Diocese or Province subscribed the Articles of Religion contained in the Acts of Parliament and given their oath for acknowledging and recognoscing our Soveraigne Lord and his authority and brought a testimoniall thereof and therefore they are ipso facto deprived and their places voyd as if they were naturally dead and consequently having no place nor function in the Church cannot be Commissioners to this Assembly hoc maximè attento that the said persons not onely have never given their oath for acknowledging his Majesties authority nor can shew no testimoniall thereupon as they are bound by the said Act but also having as subjects comprehended in the representative body of this Kingdome Promised to acknowledge obey maintain defend advance the life honour safety dignity soveraigne authority and prerogative Royall of his soveraigne Majesty his heires and successours and priviledges of his Highnesse Crowne with their lives lands and goods to the uttermost of their power constantly and faithfully to withstand all and whatsoever persons powers and estates who shall presume prease or intend any wise to impugne prejudge hurt or impaire the same and never to come in the contrary thereof directly or indirectly in any time comming as the Acts of Parliament Jacob. 6. Parl. 18. Cap. 1. Car. Parl. Cap. 1 doe proport And moreover being obliged at their admission to give their oath for performance of this duty of their allegeance and to testifie and declare on their conscience that the King is the lawfull supreme Governour as well in matters spirituall and Ecclesiasticall as temporall and to assist and defend all jurisdiction and authority belonging to his Majestie by the Act of Parl. 1612. yet notwithstanding of the said bands acts and promises whereby the said persons are so strictly bound to the performance of the premises his Majestie having ordained by Act of Councell at Holy-rood-house Septem 24. 1638. and proclamations following thereupon that all his Majesties lieges of whatsoever estate degree or quality Ecclesiasticall or Temporall should sweare and subscribe the said Confession together with a generall band for defending his Majesties person and authority against all enemies within this Realme or without have not onely refused to subscribe the said band and Confession but have in their Sermons and other speeches disswaded deterred impeded and hindred others of the lieges to subscribe the same and publickly protested against the subscription thereof and thereupon cannot conveen nor concurre lawfully to the making up of the body of an Assembly of the Kirk as being deprived and denuded of all place and function in the same A generall Assembly was condescended to out of his Majesties gracious clemencie and pious disposition as a Royall favour to those that so should acknowledge the same and acquiesce to his gracious pleasure and carry themselves peaceably as loyall and dutifull subjects which the Commissioners directed to this Assembly supposed to bee of the number of those that adhere to the last Protestation made at Edinburgh Sept. 1638. do not so account of and accept as appeares by the said Protestation whereby they protest That it shall bee lawfull for them as at other times so at this to assemble themselves notwithstanding any impediment or prorogation to the contray as also by continuing their meetings and Table discharged by authority refusing to subscribe the band according to his Majesties and Councels command for maintaining his Majesties Royall person and authority protesting against the same still insisting with the lieges to subscribe the band of mutuall defence against all persons whatsoever and remitting nothing of their former proceedings whereby his Majesties wrath was provoked thereby they are become in the same state and condition wherein they were before his Majesties Proclamation and pardon and so forfeit the favour of this Assembly and liberty to bee members thereof And others of his Majesties subjects may justly feare to meet with them in this convention for that by the Act of Parl. James 6. Parl. 15. cap. 31. Prelacies being declared to be one of the three Estates of this Kingdome and by the Act of Parl. James 6. Par. 8. cap. 130. all persons are discharged to impugne the dignity and authority of the three Estates or any of them in time comming under the paine of treason And whereas the King by his Proclamation declares Archbishops and Bishops to have voyce in the generall Assembly and calls them to the same for that effect as constantly they have been in use in all Assemblies where they were present as appeares by many Acts of the generall Assemblie ordaining them to keep and assist at the same as in the Assembly at Edinburgh Decemb. 15. 1566. At Edinburgh 6. March 1572. At Edinburgh May 10. 1586. and by a Letter written by the Assembly March 6. 1573. to the Regent earnestly desiring his owne or his Commissioners presence and the Lords of Councell and the Bishops at the Assembly They notwithstanding by the said Protestation Septemb. 22 declared Archbishops and Bishops to have no warrant for their office in this Kirk to be authorized with no lawfull Commission and to have no place nor voyce in this Assembly and withall doe arrogate to their meetings a soveraigne authority to determine of all questions and doubts that can arise contrary to the freedome of the Assembly whether in constitution and members or in the matters to be treated or in manner and order of
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
constitution of the Assemblie in all the members thereof and seven dayes sitting were by this act to offend God contemne the Subjects petitions deceive many of their conceived hopes of redresse of the calamities of the Church and Kingdome multiply the combustions of this Church and make every man despair hereafter ever to see Religion established Innovations removed the Subjects complaint respected or the offenders punished with consent of authority and so by casting the Church loose and desolate would abandon both to ruine 7. It is most necessary to continue this Assembly for preveening the prejudices which may ensue upon the pretence of two Covenants whereas indeed there is but one That first subscribed in 1580 and 1590 being a Nationall covenant and oath to God which is lately renewed by Vs with that necessary explanation which the corruptions introduced since that time contrary to the same inforced which is also acknowledged by the Act of councell in September last declaring the same to be subscribed as it was meaned the time of the first subscription And therefore for removing that shame and all prejudices which may follow upon the show of two different covenants confessions of Faith in one Nation The Assemblie cannot dissolve before it trie find and determine that both these covenants are but one and the self same covenant The latter renewed by us agreeing to the true genuine sense and meaning of the first as it was subscribed in Anno 1580. For these and many other reasons We the Members of this assemblie in our owne name and in the name of the Kirk of Scotland whom We represent and We Noblemen Barons Gentlemen Ministers Burgesses and Commons before mentioned doe solemnly declare in the presence of the everliving God and before all men And protest 1. That our thoughts are not guilty of any thing which is not incumbent to us as good Christians towards God and loyall Subjects towards our sacred Soveraigne 2. That all the Protestations generall or particular proponed or to be proponed by the commissioner his Grace or the Prelates and their adherents may be presently discussed before this generall Assemblie being the highest Ecclesiasticall judicatorie of this kingdome and that his Grace depart not till the same be done 3. That the Lord commissioner depart not till this Assemblie doe fully settle the solide peace of this church cognoscing and examining the corruptions introduced upon the doctrine and discipline thereof and for attaining hereof and removing all just exceptions which may be taken at our proceedings we attest GOD the searcher of all hearts that our intentions and whole proceedings in this present assemblie have beene are and shall be according to the word of GOD the lawes and constitutions of this church the confession of faith our nationall oath and that measure of light which GOD the father of light shall grant us and that in the sincerity of our hearts without any preoccupation or passion 4. That if the Commissioner his Grace depart and leave this church and kingdome in this present disorder and discharge this assemblie that it is both lawfull and necessarie for Vs to sit still and continue in keeping this present Assemblie indicted by His Majestie till we have tryed judged censured all the bygone evils and the introductors and provided a solide course for continuing Gods truth in this land with purity and liberty according to his Word our oath and Confession of Faith and the lawfull constitutions of this Church and that with the grace of God We and every one of Vs adhering hereunto shall sit still and continue in this Assemblie till after the finall setling and conclusion of all matters it be dissolved by common consent of all the members thereof 5. That this Assemblie is and should be esteemed and obeyed as a most lawfull full and free generall Assembly of this Kingdome And that all acts sentences constitutions censures and proceedings of this Assemblie are in the selfe and should be reputed obeyed and observed by all the subjects of this Kingdome and members of this Church as the actions sentences constitutions censures and proceedings of a full and free generall Assembly of this Church of Scotland and to have all ready execution under the Ecclesiasticall paines contained or to bee contained therein and conforme thereto in all points 6. That whatsoever inconvenience fall out by impeding molesting or staying the free meeting sitting reasoning or concluding of this present Assembly in matters belonging to their judicatorie by the word of God lawes and practice of this Church and the Confession of Faith or in the observing and obeying the acts ordinances and conclusions thereof or execution to follow thereupon That the same be not imputed unto us or any of us who most ardently desired the concurrence of his Majesties Commissioner to this lawfull Assembly But upon the contrary that the Prelats and their adherents who have protested and declined this present Assemblie in conscience of their owne guiltinesse not daring to abide any legall tryall and by their mis-information have moved the Commissioner his Grace to depart and discharge this Assemblie be esteemed repute and holden the disturbers of the peace and overthrowers of the liberties of the Church and guiltie of all the evils which shall follow hereupon and condignely censured according to the greatnesse of their fault and Acts of the Church and Realme And to this end wee againe and again doe by these presents cite and summon them and everie one of them to compeere before this present generall Assembly to answer to the premises and to give in their reasons defences and answers against the complaints given in or to bee given in against them and to heare probation led and sentence pronounced against them and conforme to our former cytations and according to Justice with certification as effeirs Like as by these presents we summon and cyte all those of his Majesties Councell or any other who have procured consented subscribed or ratified this present Proclamation to be responsable to his Majesty and three Estates of Parliament for their counsell given in this matter so highly importing his Majestie and the whole Realme conforme to the 12. Act. King James 4. Parliament 2. And protest for remedy of law against them and every one of them 7. And lastly wee protest that as we adhere to the former protestations all and every one of them made in the name of the Noblemen Barons Gentlemen Ministers Burghes and Commons So seeing wee are surprised by the Commissioner his Graces sudden departing farre contrary to his Majesties indiction and our expectation we may extend this our protestation and adde more reasons thereunto in greater length and number whereby wee may fully cleare before God and man the equitie of our intentions and lawfulnesse of our proceedings And upon the whole premises the foresaid persons for themselves and in name aforesaid asked Instruments This was done in the high Church of Glasgow in publike
sway of these lay-Elders insomuch that all the time which Our Commissioner stayed in the Assembly it was a very rare thing to heare a Minister speake for there was one Earle and one Lord who spake farre more then all the Ministers except the Moderatour And in the Assembly every thing which was put to voices was so clearly discerned to have been resolved amongst themselves before by a palpable pre-agreement that it was very tedious to the auditors to heare the List of the Assembly called when the conclusion of it was knowne to them all after the hearing of his voice who was first called which made some present to envie no member of the Assembly but one whose fortune it was ever to bee first called his name being set downe first in the List his name was Master Alexander Carse Minister of Polwart one of the Commissioners from the Presbyterie of Dunce For if the Acts of this Assembly should come out in Latine and bee thought worth any thing in the Christian world and withall it should be expressed that the List of the members of it was called to the passing of every Act and his name should ever be found to be the first there was never a Father nor Bishop whose name is in any of the Greeke or Latine Councells so famous as this man should now be for hee would be taken for a man of an unparalleled judgement both for soundnesse and profoundnesse from whose judgement not one of the whole Assembly except one and that but once did ever swerve in the least particular for as he begun all the rest did constantly follow All these things being well considered what hope could bee conceived of any good either for the Church or Kingdome from an Assembly thus miserably constituted And therefore We resolved to dissolve it as knowing that it would make that Church and Kingdome ridiculous to the whole World especially to the adversaries of Our Religion that it would both grieve and scandalize all the other Reformed Churches and make Our Justice to bee universally traduced if We should have suffered the Bishops Our subjects in that which concerned their callings their reputations and fortunes to be judged by their sworne enemies thus prepapared against them After Our Commissioners departure from Glasgow they still continued their Assembly notwithstanding Our dissolving it by Proclamation under paine of treason And then immediately the Earle of Argyle who indeed all this while had beene the heart of their Covenant begun to declare himselfe openly to be the head of it for he presently adjoined himselfe to them sate continually with them in the assembly although he were no member of it nor had suffrage there but sate onely as their chiefe director and countenancer and indeed like Our Commissioner It was not to be expected that after We had dissolved the assembly they would observe any greater moderation in their proceedings then they had done before nor did they indeed for all things passed in a hudling confusion nothing argued publikely but every particular referred to some few Committees who were the most rigidest they could pick out of the whole packe what they resolved on was propounded presently to the assembly swallowed downe without further discussing Mr Alexander Carse was called up what he said first all the rest said the same In one houre they declared six generall assemblies to be null and void though two of them were then and are still in force by severall acts of Parliament and divers acts of the other foure are ratified and confirmed by Parliament In another houre they condemned upon the report of a few Ministers all the Arminian tenets as they call them and under that name many things received by all the Reformed Churches a strange way to condemne the Arminian tenets without defining what those tenets were In another houre they deprived the Archbishop of Saint Andrewes the Bishops of Galloway and Brechen and so at other times all the rest of the Bishops many of whom they likewise excommunicated where it is observable that in the printed acts of this their now after Our dissolving of it pretended assembly the acts of the depositions of the Bishops beare no such odious crimes as they had made Our people beleeve they were guilty of in that infamous libell which they caused to be read in the Pulpits against them for proofe whereof We have caused one of their sentences of deposition to be here inserted whereby it may be seene that not so much as one witnesse was examined nor offered to be produced against them for any one of those fearfull crimes with which they were slandered in the libell but were onely deposed for their obedience to acts of Parliaments and generall assemblies Sentence of deposition against Mr John Guthrie pretended Bishop of Murray Mr John Grahame pretended Bishop of Orknay Mr James Fairly pretended Bishop of Lismoir Mr Neil Campbell pretended Bishop of Isles THe generall Assembly having heard the libels and complaints given in against the foresaids pretended Bishops to the Presbytery of Edinburgh and sundry Presbyteries within their Diocesse and by the saids Presbyteries referred to this Assembly to be tried The saidâ— pretended Bishops being lawfully cyted oftentimes called and not compearing proceeded to the cognition of the complaints and libels against them and finding them guiltie of the breach of the cautions agreed upon in the Assembly at Montrose Anno 1600. for restricting of the Minister voter in Parliament from incroaching upon the liberties and jurisdictions of this Kirk which was set downe with certification of deposition infamie and excommunication and especially for receiving consecration to the office of Episcopacie condemned by the Confession of Faith and Acts of this Kirke as having no warrant nor foundament in the word of God and by vertue of this usurped power and power of the high Commission pressing the Kirke with novations in the worship of God and for their refusall to underlye the triall of the reigning slander of sundry other grosse transgressions and offences laid to their charge Therefore the Assembly moved with zeale to the glorie of God and purging of this Kirke ordaines the saids pretended Bishops to be deposed and by these presents doth depose them not onely of the office of Commissionarie to vote in Parliament Councell or convention in name of the Kirke but also of all functions whether of pretended Episcopall or ministeriall calling And likewise in case they acknowledge not this Assembly reverence not the constitutions thereof and obey not the sentence and make not their repentance conforme to the order prescribed by this Assembly ordaines them to be excommunicated and declared to be of these whom Christ commandeth to be holden by all and every one of the faithfull as Ethnicks and Publicans and the sentence of excommunication to be pronounced upon their refusall in the Kirks appointed by any of these who are particularly named to have the charge of trying their repentance or impenitencie
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
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
limited as was competent to them since the reformation of Religion in the reformed Kirk From which time their office and jurisdiction spirituall was alwayes extinct Which is evidently acknowledged in the act of Parliament 1592. and expresly in the act of parliament 1597. granting voice in parliament to Ministers Which albeit it was the first step to Episcopacy yet the parliament thereby hath remitted the office of Bishops in their spiritual policy and government as not pertaining to their civill place and jurisdiction to the King and the generall Assembly of Ministers as properly belonging to them but prejudice alwayes of the jurisdiction and discipline of the Kirk permitted by many acts of Parliament whereof that 1592. forecited is one to generall provinciall Assemblies Presbyteries and Sessions of the Kirk which were never prejudged neither by the act 1606. nor by the act 1609. albeit corruption was then fast advancing till the yeare 1612. at which time first and never before the King and Estates had taken the advice of the pretended Assembly at Glasgow anent their office and spirituall jurisdiction formerly remitted to them as is cleare in the act of Parliament 1612. relative to that remit in the Parliament 1597. which for that cause is also omitted by the quotter Like as also the act of parliament 1609. restoreth them only to temporall jurisdiction and priviledges lawfully pertaining to them and flowing from his Majesty as any other ordinare jurisdiction doth with reservation of the Kings supremacy and prerogative therein which can no wayes comprehend their ecclesiasticall office because the same is not a temporall jurisdiction neither did lawfully pertaine to them but by the law of God and acts of this Kirk after reformation and by the act 1592. was abrogat and taken from them and the ecclesiasticall power established in presbyteries So that if it be an ecclesiasticall office it cannot flow from the King who cannot make a Minister Doctor Elder or Deacon in the Kirk albeit hee may present a Minister made by the KING of Kings to the Kirk neither can the parliament institute originally any ecclesiasticall office in the Kirk as is before said Further the intended scope of that act is only the restitution of Commissariats and temporal jurisdiction flowing from his Majesty as is cleare by the act it selfe bearing that they shall brooke all priviledges and jurisdictions granted to them by his Majesty and redintegrates them to their former authority and jurisdiction lawfully pertaining to them alwayes flowing from his Majesty from whom only temporall jurisdiction doth flow which is only the jurisdiction of Commissers in temporall causes and no waies any spirituall jurisdiction competent ratione officii which by Gods word and the lawes of the Kingdome was abjured in them and established in assemblies presbyteries c. as is many times before repeated But to convince them further it is not or that both 1606 and 1609. they road in Parliament and by their own voices and the iniquity of the time made the said acts without inserting the cautions made at Montrose without any commission from the Kirk contraire to the said cautions and their owne oath given for observance thereof against which the Kirk of Scotland did protest solemnly clearing unanswerably not only the unlawfullnesse of their Ecclesiastick Episcopall function but also of the civill places in persons of Pastors from Gods word our confession of Faith 1580. acts of this Kirk and Kingdome but this protestation being rejected by them was printed to the view of the world And as for the act of the Parliament 1617. it cannot set down consecration to the office without a preceeding act of the Kirk which is not alleadged but by the contraire the Kirk had before condemned that office and did particularly protest against that act of Parliament Moreover this act is builded upon the supposed ground of Glasgow Assembly 1610. which for infallible reasons is now annulled and so not only this act 1617. but all after acts ratifying the same fall ex consequenti both by the light of reason law and practise of this Kingdome For when the principall act or right ratified doth fall the subsequent ratification falleth eo ipso especially in this case when civill laws in ecclesiasticall matters cannot be made originally nor subsist after the abolition of the ecclesiasticall constitutions which they ordaine under civill sanction to be obeyed and yet being once annulled they cannot be obeyed And further even that corrupt Assembly of Glasgow 1610. which is now declared to have been null ab initio did never restore the office of a diocesian Bishop before condemned in this Kirk but did too far enlarge and extend the power of these who were provided to the benefice of Bishops and yet alwayes under cautions and limitations sworn unto which they never observed and upon condition of their subjection for censure to yearly generall Assemblies which they have not keeped but impeded and so they ought not to clame the benefice of these acts of Parliament concluded by their own voyces and protested against by the Kirk of Scotland and violated by themselves And last for answer to all acts of Parliament whatsoever let the Christian Reader consider if as the Assembly lately conveened by his Majesties indiction in the name of Jesus Christ should judge and hath proceeded by the word of God alone and not by acts of parliament so we are obliged by our oath made to God to return to the doctrine and discipline of this Kirk 1580. and renounce all subsequent acts contrary thereunto and prejudiciall to the purity of reformation and the Kirk in whose favours any pretended priviledges is granted and that out of experience of reall prejudice and the pungent sins of our oath and danger of perjury under which this Kingdome lyeth for the which we ardently deprecate Gods wrath and beg mercy to every one of us who are guilty and must still continue our earnest and humble supplications to his Majesty for redresse as we shall do our petitions to God for preserving the sacred person of our dread Soveraign and perpetuating his reigne and his Royall posterity over this land so long as the world endureth Revised according to the ordinance of the generall Assembly by mee Mr. A. Ihonston Clerk thereto Edinb 14. of Feb. 1639. BEcause the Reader shall not need to doubt of the vanity of all these exceptions against the Acts of Parliament here cited and of the impertinency of their Citations of some Acts of Parliament to the contrary Wee shall demonstrate to the Reader that when this Confession of Faith was first framed and injoyned to be subscribed Episcopall government was then in force and strength which doth appeare by the most unquestionable and irrefragable Record of that Kingdom viz. The Bookes and Rolls of Parliament And therefore Wee have here caused to be inserted out of the Sederunt Rolls of Parliament the names of such Bishops as sate in Parliament and
all former Protestations and every one of them made in the name of the Noblemen Barons Gentlemen Ministers and Commons respectivè for the time So wee may have his Majesties royall approbation to this present Assemblie whole Acts and constitutions thereof and all our proceedings and behaviour in this businesse which wee assuredly expect from his Majesties imbred pietie justice and bountie notwithstanding the sinistrous untrue informations whispered in his Royall yeares in the contrarie Upon all which Premises and Protestation foresaid which is the same with the former made by us at Glasgow the 29. of November last but so farre differing as was necessarie for answer to the new additions contained in this Proclamation and clearing us of the aspersions wherewith we are changed therein which we might lawfully do having protested for this libertie in respect of our surprisall one certaine number of all qualities and ranks for themselves and in name foresaid asked instruments This was done in presence of a great confluence of people upon the mercate crosse of Edinburgh the 18. day of December FINIS Revised according to the ordinance of the generall Assemblie by me Master Archibald Jhonston Clerk thereto At Edinburgh 8. Jan. 1639. NOt long after this Our Proclamation and their Protestation Our Commissioner seeing all things tending to a present rupture begun his journie according to the leave which We had granted him for his returne After which time and ever since they have throughout the whole Kingdome by threatnings made the Acts of their unlawfull Assembly to be received in many places have perswaded the reception of them by force and armes have levied souldiers and imposed taxes upon Our subjects for payment of them have required of Our Judges or Lords of the Session to approve their Acts though none of them consented to it have threatned and menaced them for refusing of it have raised divers fortifications in Our Kingdome have blocked up Our Castles and Forts and now at last forcibly taken Our Castle of Edinburgh have at home got their Preachers most seditiously and rebelliously to teach Our people that there is a necessitie of their carrying armes against Us under paine of perjurie and damnation have scattered abroad especially here in England divers infamous Libels justifying their own wicked and rebellious courses inciting Our people here to attempt the like rebellion and to deface Our Ecclesiasticall government When the contrivers of that wicked Covenant first framed and devised it and perswaded others who were well perswaded of their pietie to enter into it We dare appeale even to their owne consciences whether they did ever make the seduced people acquainted with their intentions of abolishing Episcopall government introducing of lay-Elders which are the onely two things they make the seduced people beleeve they now stand upon And We do wonder there should be any man found in the world who can hold it a sufficient warrant for Our subjects to take armes against Us their lawfull Soveraign because We will not give them leave to abolish some things which stand fully established by Our Lawes and Acts of Parliament of that Kingdome and to introduce other things which are interdicted and prohibited by the same But much more have We reason to thinke Our subjects did them no whit beleeve that though We should relieve all their grievances just or pretended as now We have done they should yet be forced to acts of rebellion and carrying of armes against Us as now they are But such hath ever been the constant course of the Heads of all rebellions to ingage their followers by degrees to conceale from them their maine and wicked ends which being at the first discovered would be abhorred and detested untill they have gone on so farre in following their Leaders as afterward they are easily perswaded by them that there is no hope of pardon left and so nothing but danger if they shall offer to retreat The very same course hath been held in this rebellion for seducing of Our subjects of that Kingdome The specious pretence used by the contrivers of the Covenant to the people was Religion but that which was intended by them was a Rebellion grounded upon the discontents of some few And the very meanes whereby they have fomented their factious waies and kept up in Our people a beliefe that they intended onely Religion as they pretended have been the very same which have been usually practised by other discontented mutiners But yet We find that the principall meanes used to foment this Rebellion by the Heads of it have been these three First the seditious prayers and sermons of some Preachers suborned by them for that purpose who made the people still beleeve that all they said was Gospel and they crying up in their Pulpits that Covenant and most bitterly exclaiming against all opposers of it with the most vile and reproachfull termes they could devise wrought the people to an incredible good opinion of all that favoured the Covenant and a bad one of all those who opposed it So that such things were delivered in their Pulpits as cannot be related without both shame and horrour One of them upon Our Commissioners comming home prayed God to deliver them from all crafty compositions Another refused to pray in the Church for Sir William Nesbett late Provost of Edinburgh when hee was lying upon his death-bed onely because he had not subscribed the Covenant Another prayed God to scatter them all in Israel and to divide them in Jacob who had counselled Us to require the Confession of faith to bee subscribed by Our authoritie Many Ministers would not admit to the Communion those who had not subscribed their Covenant but in their exhortation before it barred them in expresse termes with adulterers slanderers and blasphemers c. Others would not suffer children to bee baptized in the Churches of those Ministers who were not of the Covenant though they were their owne Parish Churches but carried them sometimes many miles to be baptized by Covenanting-Ministers One preached That all the Non-subscribers of the Covenant were Atheists and so concluded That all the Lords of Our Councell and all the Lords of Our Session were such for none of them had subscribed it Another preached That as the wrath of God never was diverted from his people untill the seven sonnes of Saul were hanged up before the Lord in Gibeon so the wrath of God would never depart from that Kingdome till the twice seven Prelates which makes up the number of the Bishops in that Kingdome were hanged up before the Lord there which is extreme foule and barbarous Another preached That though there were never so many Acts of Parliament against the Covenant yet it ought to be maintained against them all Another delivered these words in his Sermon Let us never give over till we have the King in our power and then He shall see how good subjects we are Another in his Sermon delivered this That the bloudiest and
for them to doe that yet it were the more tolerable if they did as they say but they doe make good what they say by telling the world what they meane by things Ecclesiasticall and their meaning they doe expresse in the very termes of the Jesuites for by Ecclesiasticall they meane as their practice sheweth any thing which is in ordine ad Ecclesiastica nay more in ordine ad Spiritualia whatsoever may bee thought conducible to the good of the Church or to any spirituall good and yet more vastly to the glorie of God by which latitude of the word Ecclesiasticall We would know what they have left without the compasse of their cognisance Just nothing For in this sense they may set the price on victuals they may censure the actions of all men in what kind soever because Saint Paul biddeth us Whether we eate or drinke or whatsoever we doe doe it all to the glory of God And truly from this false and Jesuiticall interpretation of this word Ecclesiasticall have issued most of all their acts of sedition and rebellion They have provided armes for Our subjects they first blocked up all Our Forts Castles and since have taken them stopped Our Officers from carrying victualls or ammunition into them they have raised Forts taxed Our subjects levied souldiers against Us not onely turned Us out of the possession of Our Castles but so farre as in them lies defeated Our title to them by declaring that they are not Our Castles but the Kingdomes they have incroached upon the undoubted bounds and markes of Our Soveraigntie by sending warrants to Our Sheriffes for chusing Commissioners for the Shires for the next Parliament they have discharged Our own Printer for printing any thing which concerneth these troubles or may make against them though commanded by Us and by Our Councell so that if We have any thing to print there We must first be a suiter to Jhonston their Clerke for his hand to it else it cannot passe they have injoyned or at least suffered the Preachers of their owne side to pray and preach most bitterly against Us and Our authoritie those Preachers who continued in their loyaltie towards Us they have most unjustly against Our lawes deprived of their Benefices and most unmercifully and unchristianlike exposed them to miserie and beggerie they have most contemptuously and rebelliously used Our Councellours and Judges When they are asked why they doe these things and by what authoritie they doe them To the first they answer onely That they doe them for the good of the Church and the glorie of God that Religion may bee preserved the honour of God maintained and his glorie increased Who would thinke that there should bee men found in the world who call themselves after the name of Christ and invocate the name of God and yet dare profane and abuse the names of Religion God and his glorie and to intitle those glorious names to such lewd actions of treason and rebellion as can proceed from none but the Devill To the second By what authoritie they doe these things which are expresly against the Acts of Parliament Acts of Councell and Acts of generall Assemblies They answer that these Acts of Assembly were unduely obtained and that now they have rescinded them For Acts of Parliament and Acts of Councell they expresse great wonder and admiration that any man should question their authoritie over them For that question they use to answer with another of their owne viz. Whether any man doth hold Christ or Us to be supreme and being answered that Christ is supreme then they conclude That they being his Councell must likewise be supreme That the Parliament is but the Councell of the Kingdome That Our Privie Councellours and Judges are but the Councell and Judges of the King but that they themselves are the immediate and independent Councellours of and Judges under Christ who is the King of all kings and kingdomes and that therefore in all causes which they conceive to concerne Christ and his Kingdome which is his Church they are supreme and independent above Us Our Parliament Our Councell Our Judges And that if Our Councellours or Judges doe not obey their commandements they will proceed to the sentence of Excommunication against them and by the same reason though as yet they have not said it they may proceed against Us with the same sentence for We acknowledge Christ to bee the supreme King as much as Our Councellours and Judges doe acknowledge him to be the supreme Lord and Judge These furious frensies have not been heard of in the world since the Anabaptists madnesse reigned in Germanie in Charles the fifth his time which was most strongly and vehemently opposed by the Protestant Princes who adhered to the Augustan confession and if Luther and Melancthon whom God used as the chiefe instruments in reforming the abuses of the Church of Rome had not shewed themselves in their Sermons Lectures in the Universities and publique writings which they published stout Champions against them and thereby had drawne all Protestants to detest and persecute them undoubtedly the Reformation of the Church falling out to bee about the same time when these Anabaptists raged most in their madnesse had laboured and suffered extremely under the scandall of their frensies in the opinion of all those who were attending and looking after the issue of that Reformation And yet these same fooleries and frensies are daily acted by these who call themselves Commissioners of the Table and presented to the Readers of their Pamphlets and Protestations with the titles of irrefragable undeniable convincing unquestionable Sun-shine truths and twenty more such false impudent epithets as one would wonder from whence they fetch the faces that can beare them out in saying so when the whole Christian World who shall read them upon the very first view or reading must discerne that there is not the least step or shadow of truth to be found in them We confesse We were amazed at and aggrieved with their horrible impudence expressed in their last Petition sent unto Us in which they did invocate the name of God calling him not onely as a witnesse but as an approver of their actions at their pretended assurance of Our justification of them all when they undoubtedly know that We doe abhorre and detest them all as rebellious and treasonable at their shamelesse asseveration of their confidence that their neighbour Churches will approve all their proceedings that they are affraid they should bee thought to have offended in nothing so much as in lenitie when they have proceeded to the deposition and excommunication of the Bishops and others their opposers which is the utmost of that power which ever any Church did yet challenge to it selfe and many more such audacious untruths which after We once heard read We resolved never to answer and now doe answer it onely thus That in the maine points of it there is not one true word To say nothing
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
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 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