sundrie Noblemen Barons Gentlemen Magistrates and all other Our lieges who shall happen to bee present and heare any Ministers either in publike or private conferences and speeches or in their Sermons to approve and allow the said unlawfull Assemblie raile and utter any speeches against Our Royall commandments or proceedings of Us or Our Councell for punishing or suppressing such enormities that they make relation and report thereof to Our Councell and furnish probation to the effect the same may bee accordingly punished as they will answer to Us thereupon Certifying them who shall heare and conceale the said speeches that they shall bee esteemed as allowers of the same and shall accordingly bee taken order with and punished therefore without favour And to this effect We likewise straightly charge and command all Judges whatsoever within this Realme Clerks and Writers not to grant or passe any Bill summons or letters or any other execution whatsoever upon any Act or Deed proceeding from the said pretended Assemblie and all keepers of the signet from signetting thereof and that under all highest paines And because Wee gave order and warrant to Our Commissioner to make open declaration not onely of Our sense but even of the true meaning of the Confession of Faith in Anno 1580. by which it may clearely appeare that as Wee never intended thereby to exclude Episcopacie so by no right construction can it bee otherwayes interpreted as is more nor evident by the reasons contained in the said Declaration and many more which for brevitie the thing in it selfe being so cleare are omitted Herefore Wee do not onely prohibit and discharge all Our subjects from subscribing any band or giving any writ subscription or oath to or upon any Act or Deed that proceeds from the foresaid pretended Assemblie but also do require them not to subscribe nor sweare the said Confession in no other sense then that which is contained in the said Declaration and manifestly emitted by Our Commissioner under all highest paines And that none of Our good subjects who in their duty and bound obedience to Us shall refuse to acknowledge the said pretended Assemblie or any of the pretended Acts constitutions warrants or directions proceeding therefrom may have just ground of feare of danger or harme by doing thereof Wee do by these promise and upon the word of a King oblige Our selves by all the Royall authoritie and power wherewith God hath endowed Us to protect and defend them and everie one of them in their persons fortunes and goods against all and whatsoever person or persons who shall dare or presume to call in question trouble or any wayes molest them or any of them therefore And Our will is and Wee charge you straitly and command that incontinent these Our Letters seene you passe and make publication hereof by open Proclamation at the market crosse of Edinburgh and other places needfull wherethrough none pretend ignorance of the same Given from Our Court at Whitehall the eighth day of December and of Our Reigne the fourteenth yeere 1638. Per Regem THis Our Proclamation published onely to make Our people acquainted with Our gracious proceedings at Glasgow which by the malice of their Leaders had either beene concealed from them or misreported to them was received as all Our former gracious proffers with a verie undutifull windie and blustering Protestation so full of words but withall so void of truth and sense as We were once resolved not to have inserted it here neither indeed is it necessarie it should for it is stuffed with the idle and superfluous repetitions of those things which are contained in their former Protestations especially their last Protestation made at Glasgow with which indeed it is for the most part the same verbatim Yet because We know that if it should be left out they would not stick to assure their followers that it was omitted because of the unanswerable pregnancie of the reasons contained in it here you shall have it but without any answer to it as to their former Protestations hath beene given there being verie little in it which is new and so not answered before or what is in it new being either verie false or verie impertinent both which falsities and impertinencies shall onely bee observed on the margent being assured that the Reader will easily finde that there is nothing in it worthie of any larger answer The Protestation of the generall Assemblie of the Kirke of Scotland made at the Market Crosse of Edinburgh the 18. of December 1638. WE Commissioners from Presbyteries Burghes and Universities now conveened and yet sitting in a full and free Assemblie of the Kirk of Scotland indicted by his Majestie and gathered together in the name of the Lord Jesus Christ the onely Head and Monarch of his owne Kirk And We Noblemen Barons Gentlemen Ministers Burgesses and Commons Subscribers of the Confession of Faith make it knowne that where We his Majesties loyall subjects of all degrees considering and taking to heart the many and great innovations and corruptions lately by the Prelats and their adherents introduced into the doctrine worship and discipline of this Kirk which had been before in great purity to our unspeakable comfort established among us were moved to present many earnest desires and humble supplications to his sacred Majestie for granting a free generall Assemblie as the only legall and readie mean to try these innovations to purge out the corruptions and settle the disorder of the Kirk for the good of Religion the honour of the King and the comfort and peace of the Kirk and Kingdome it pleased his gracious Majestie out of his Royall bountie to direct unto this Kingdome the Noble and Potent Lord James Marquesse of Hamiltoun with Commission to heare and redresse the just grievances of the good subjects who by many Petitions and frequent conferences being fully informed of the absolute necessitie of a free generall Assemblie as the onely judicatorie which had power to remedy those evils was pleased to undergo the paines of a voyage to England for presenting the pitifull condition of our Kirk to his sacred Maiestie And the said Commissioner his Grace returned againe in August last with power to indict an Assemblie but with the condition of such prelimitations as did both destroy the freedome of an Assemblie and could no wayes cure the present diseases of this Kirk Which was made so clearely apparant to his Grace that for satisfying the reasonable desires of the subjects groaning under the wearinesse and prejudices of longsome attendance he was againe pleased to undertake another journey to His Majestie and promised to endeavour to obtaine a free generall Assemblie without any prelimitation either of the constitution and members or matters to bee treated or manner and order of proceeding so that if any question should arise concerning these particulars whereof the power of ruling Elders as a part of the constitution and the examination of Episcopacie as a present
Our Commissioner acknowledged so much is all of equall untruth with the former for neither have they satisfied the Bishops reasons propounded in their Declinator nor gave they any satisfaction to Our Commissioner his eleven Articles or Demands and that Our Commissioner acknowledged that hee had received satisfaction to them is so manifest an untruth as they themselves doe know there is no colour for it They affirme within a few lines after that Our Commissioner did know before the indiction of the Assembly that ruling Elders were to have voices in the election of Commissioners from Presbyteries He did know it indeed but could not tell how to helpe it and so soone as he did know it which was immediately before the indiction of the Assembly he did sharply expostulate it with them and assured them that it would induce a nullitie upon the elections made to the Assembly That We would never allow any for members of the Assembly who were so chosen That he had notice of this their intention by the complaints of many covenanting Ministers who were resolved to protest against all such elections but that he did know of any such elections with approbation of them cannot be charged upon him And whereas they say that these elections are agreeable to the Acts and practice of that Church they have received already a sufficient challenge to make that good which undoubtedly they cannot And where they adde that not one of the Assembly doubted thereof it is well knowne that some of the Ministers of Edinburgh and many more Ministers of the Assembly did grieve at it but did not know how to remedy it The whole third Section is so derogatorie to Our Royall authoritie and indeed doth so unworthily debase the authoritie of Monarchs as it is not to be answered any way but by justice for it giveth no more power to Us if We had beene present and sitting at the Assembly at Glasgow then Thomas Patterson a Taylor of Edinburgh had who sate Commissioner there After they subjoine some reasons for their Protestation In the first they affirme that the Assembly was constituted by the word of God but they doe not prove it and sure never will Then they affirme that Our Commissioner acknowledged the lawfulnesse of their Assembly by assisting therein seven dayes but they conceale that he solemnely protested and entred his particular Protestation against every thing they said or did in it and if hee who protesteth against a thing may be said to acknowledge the lawfulnesse of it then it may be that they themselves doe acknowledge the justice and equitie of all Our Proclamations and Our power and authoritie in discharging of this Assembly notwithstanding all their Protestations made against these And for Our Commissioner his exhibition of Our Royall Declaration to be registred in the Bookes of this Assembly let the Reader remember the Protestation before mentioned which Our Commissioner made when he did so and that scruple is quickly removed Their second and third reasons are of their owne fancies They have lately sworne so and to that sense they have explicated their Covenant therefore it must be so But they did wrong in both and therefore none must follow them in either for every Oath unlawfully taken is unlawfully kept Their fourth reason hath not one true word in it for there is Law for Our authoritie to dissolve the Assembly there being an expresse Act of Parliament which giveth Us the sole power of indicting of an Assembly viz. the first act of the 21. Parliament of Our Royall Father and sure ejusdem est destituere cujus est instituere whosoever hath the power of indicting hath the power of dissolving They adde that there is no preceding practice for it We wonder they can or dare affirme it Did not Our Royall Father discharge that Assembly at Aberdene and when some few turbulent Ministers did notwithstanding hold it were they not convented before the Lords of his Councell for it who undoubtedly had punished them most severely if by their declining of the Councells authoritie and appealing to a Generall Assemblie they had not falne into an act of treason and so by Our Councell were turned over to the Judges in criminall causes before whom by a Jurie or Assise they were found guiltie of treason for that act of declining Our Royall Father and his Councells authoritie all which we touched a little before And that by clayming Our power to indict or dissolve the Assemblies of the Church We doe infringe the priviledge and liberties of the Church or doe any act not consistent with the Oath which We took at Our Coronation in that Kingdome as is suggested in this fourth reason is most falsly and most seditiously affirmed onely for drawing away of the hearts of Our good subjects from Us and our government The Act of Parliament for Our sole power of indicting Assemblies here followeth A ratification of the Acts and conclusions set down and agreed upon in the generall Assembly of the Church kept in Glasgow in the month of June 1610. together with an explanation made by the Estates of some of the Articles of the same CHAP. I. The act is long and hath many branches We only recite two First it confirmes that Act of the Assembly which acknowledgeth the indiction of the general Assemblie of the Church to appertaine to his Majestie by the prerogative of his Royall Crowne and in the last branch of the act Our Royall Father and the three Estates doe annull and rescind the 114. Act of the Parliament held in Anno 1592 which did give some power to the generall Assemblie in some cases of themselves to indict a new Assemblie Their fifth reason conteineth an instance of an Assemblie that would not stay a Processe which they had intended against Archbishop Montgomerie the Archbishop of Glasgow nor yet dissolve it selfe notwithstanding they were charged by Our Royall Father and his Councell with Letters of Horning and Rebellion to doe one of the two An excellent argument Because one Assembly did wickedly and that which they could not doe we must doe so likewise as if many yeeres hence an Assembly being charged by one of Our Successours to dissolve should not obey but alledge for their defence That this Assembly of Glasgow would not dissolve it selfe notwithstanding the members thereof were charged by Us to doe so under paine of treason as if one unjust act could justifie another But they should doe well to remember that those who did but offer to hold an Assembly at Aberdene after it was discharged by Our Royall Father were first convented before his Councell and afterwards severely punished for it In their sixth reason there is no Reason to be found In their seventh reason they alledge that they cannot rise untill they have found Our Covenant and theirs to be all one If by their Covenant they meane the Confession of Faith and Covenant annexed which was first injoyned by Our Royall Father and twice
therefore taking to our heart that GOD had justly punished us for the breach of that nationall Covenant made with GOD in Anno 1580. We thought fit to reconcile our selves to him again by renewing the same Covenant And so in obedience to his divine Commandement conforme to the practise of the godly in former times and according to the laudable example of our religious Progenitours warranted by acts of Councell we again renewed our confession of Faith of this Kirk and Kingdome as a reall testimony of our fidelitie to GOD in bearing witnesse to the truth of that Religion whereunto we were sworn to adhere in Doctrine and Discipline of our loyaltie to our Soveraigne and mutuall union among our selves in that cause Which Confession with a sensible demonstration of GODS blessing from heaven was solemnly sworn and subscribed by persons of all ranks throughout this Kirk and Kingdome with a necessar explanation and application for excluding the innovations and corruptions introduced in the Religion and government of this Kirk since the yeare 1580. that so our oath to GOD might be cleare for maintenance of the doctrine and discipline then professed and established and according to the meaning of that time The happie effects of this our resolution and doing have been wonderfull And since that time GODS powerfull hand in the conduct of this businesse hath evidently appeared For after some time upon the continuance of our groanes and supplications our gracious Soveraigne was pleased to send into this Kingdome The noble Lord JAMES Marques of Hamiltoun c. with commission to heare and redresse our heavie grievances who after many voyages to his Majestie and long conferences and treating with us needlesse to be related in this place did in end by commandement from his Majestie indict a free generall Assembly to be holden at Glasgow the twentie one of November last and proclaimed a Parliament to be holden at Edinburgh the fifteenth of May next to come for setling a perfect peace in this Kirk and Kingdome And further to give full assurance to the Subjects that his Majestie did never intend to admit any change or alteration in the true religion already established and professed in this Kingdome And that all his good people might be fully and clearly satisfied of the realitie of his royall intentions for the maintenance of the truth and integritie of the said Religion his Majestie did injoyn and command all the Lords of his privie Councell Senatours of the Colledge of Justice and all other Subjects whatsoever to renew and subscribe the confession of Faith formerly subscribed by King JAMES of blessed memory and his houshold in Anno 1580. and thereafter by persons of all ranks in Anno 1581. by ordinance of the Councell and acts of the generall Assembly and againe subscribed by all sorts of persons in Anno 1590. by a new ordinance of Councell at the desire of the generall Assembly with a band for maintenance of the true Religion the Kings person and each of other in that cause as the Proclamation of indiction being dated at Oatlands the 9. of September published at the Mercat crosse of Edinburgh the 22. of the said moneth more fully proporteth Upon the hearing of which Proclamation These who were attending at Edinburgh and expecting a gracious answer of our former desires as out of bounden dutie they did with all thankfulnesse acknowledge his Majesties gracious favour So out of zeale to GOD and Religion they did protest that they who had by the late Covenant and Confession condescended more specially to the innovations and errours of the time could not after so solemne a specification returne to an implicit and more generall confession enjoyned conforme to a mandat apparantly discrepant from the genuine meaning of the confession and wanting both explication and application and did most humbly and earnestly desire the Lords of his Majesties Councell that they would not in regard of the former reasons presse upon the Subjects the subscription of this Covenant but that they might be pleased to forbeare their own subscribing of it in respect of the inconveniences might result upon their subscribing thereof in an ambiguous sense but their Lordships not having subscribed that confession containing our former explanation and being required by his Majesties Commissioner to subscribe the Confession as it was drawne up and presented to them without our explanation with a generall band for maintenance of the Religion in Doctrine and Discipline now presently profest and of his Majesties person least these words now presently repeated in this year 1638. should inferre any approbation of these innovations introduced since the year 1580. whereof many did justly complaine after deliberation for removing of this scruple and prejudice and clearing of their own meaning they caused make an act of Councell that their swearing and subscribing of the confession of Faith was according to the tenour and date the second of March 1580. according as it was then profest within this Kingdome whereupon they rested satisfied being confident that the generall Assembly then indicted would remove any doubt and differ which might arise anent the meaning and interpretation of the confession of Faith and clear what was profest in the year 1580. Yet some having subscribed that Covenant in different senses others forbearing to subscribe the same as some of the Lords of Session till the Assembly should declare the genuine and true meaning of the Confession upon whose interpretation as of the onely competent Judge they might acquiesce and rest satisfied which now after accurate tryall of the acts of generall Assemblies and mature deliberation is fully cleared and explained in this last generall Assembly by GODS mercy and his Majesties gracious favour of indiction holden at Glasgow as the act made thereupon doth proport whereby Episcopall government mongst many other innovations is found upon undeniable evidences of truth and declared to be condemned and abjured in this Kirk in Anno 1580. There is notwithstanding published in name of his Majesties Commissioner a declaration tending to disswade his Majesties Subjects from receiving the explanation of the confession made by this Assembly and affirming that the confession subscribed by the Councell doth no wayes exclude Episcopall government nor any thing else established by laws standing in force the time of the taking of the said oath the ninth of September last notwithstanding the foresaid act of Assembly which as the decree of our mother Kirk ought to be received and reverenced by all her children and act of Councell whereof the words are so cleare as they cannot admit any mentall reservation which is acknowledged by such of the Councellers then present and subscribers whose hearts GOD hath touched to make the sense of their oath to GOD preponder with them above all other worldly respects and fears THis declaration containeth five arguments with a boundle of acts of Parliament quotted and drawne up by some persons whom we know not but seen and approven by the
Commissioner whereby his Grace indevoureth to evince his conclusion that Episcopal government was not abjured by the Councell nor the Covenant 1580. Which is so repugnant to the acts of the Kirk The act of Councell and all reason that wee are confident the same will make no impression in the judgement of any well affected Christian as shall be evident by our following answers which we offer to the readers consideration after he hath first expended these generalls 1. This Declaration is onely made by his Majesties Commissioner and not by the Lords of secret Councell who should be fittest Interpreters of their owne act and whose act should be the ample expression of their meaning else acts of Councell by possibilitie of admitting the variable coÌ„mentarie of intentions will losse all force vigour in themselves And yet it is evident that the Councellers have not only actually sworne to maintaine the Religion Discipline established in Anno 1580. When Episcopacie was condemned but likewise intended to doe so because they have distinguished and opposed betweene the Religion presently professed 1638. mentioned in the Proclamation and the Religion professed in Anno 1580. mentioned in their act and by that opposition of now and then they reject the one and swear the other otherwise they needed no declaration which notwithstanding accompanies their subscriptions and is acknowledged by the Commissioner in the second line to bee an act explaining the Confession for obedience whereof all those who have subscribed that Covenant have done the same 2. Albeit his Majesty did not conceive any difference between the Religion Doctrine and Discipline now profest from that which was in Anno 1580. wherewith his Majestie can hardly be acquainted without perusing the records of Assemblies yet his Majesties Reall intention was to maintaine the confession of Faith professed in Anno 1580. because his Royall disigne by that commandement was to maintaine true Christian Religion in puritie whereunto Episcopacie by this Kirk was ever judged and condemned as prejudiciall and to remove the fears of his Majesties good Subjects complaining of by-gone innovations and apprehending greater changes which ends are only obtained by subscription of the Confession as it was Anno 1580. And no wise by maintaining the Religion now presently profest because the corruptions now presently received in this Kirk are the grounds of our just complaints as being contrary to the word of God and foresaid confession in Anno 1580. 3. Wee must distinguish between oathes tendered by the first framers of the Confession the whole Kirk who have power to interpret and explaine the same and oathes required to bee renewed by the supreme Magistrat the Kings Majestie who as custos utriusque tabulae and a true Sonne of the Kirk ought to receive the true meaning of the Kirk and cause it to be received of those whom God hath subjected to him And wee are confident that his Majestie in his just and pious disposition will never take away the benefite of that holy nationall oath and confession of Faith subscribed by his Majesties Father of blessed memorie 1580. and now lately renewed againe solemnely sworne by the Subjects of this Kingdome upon the pretence of any intentions repugnant to the true sense of that confession which even as it is subscribed by the Councell doth never import that his Majestie was framing or administring any new confession or oath but only injoyning to renew the old confession 1580. and therefore unquestionably should be taken in the true meaning of that time Fourthly if there were any reall opposition betwixt his Majesties Proclamation and the act of explanation made by his Majesties Commissioner and Councell Yet the last must be observed and preferred before the first because the first is his privat will the second his publick and judiciall will Et posterior derogat priori publica privatae And albeit we doe not now expresse that the Councell did subscribe the confession of Faith in obedience to a mandat where there was any contrariety repugnancie or ambiguity betwixt the mandat and the Confession it self which was commanded yet the Councell making an act that they did subscribe it as it was professed 1580. and declaring publickly that this was their owne meaning both they and such of his Majesties liedges who did subscribe in obedience of their charge are obliged to observe râ—m juratam and the reall matter of the oath more then the minde and mandat of the prescriver especially seeing it is no new Confession but the renewed Confession of the whole Kirk of Scotland The meaning whereof cannot bee declared nor interpret by any but the whole Kirk of Scotland who now upon unanswerable reasons have clearly found that Episcopall governement was then abolished and abjured It followeth by good consequence that the Councell did both virtually and verily swear yea intend to swear the abjuration of Episcopacie which is found by that confession 1580. and the discipline of the Kirk then established to be a corrupt government in this Kirk of human invention wanting warrand from the word of God tending to the overthrow of this Kirk So that any declaration in the contrare hereof is protestatio contraria facto and the reasons thereof cannot be forceable to brangle the resolution of any judicious well affected Christian if he will patiently read and ponder without preoccupation these following answers to the five reasons insert in that declaration The first aleadged reason is this that his Majestie could not command an oath absolutly unlawfull but it is absolutely unlawfull to swear against any thing established by the Laws of the Kirk and Kingdome if the same be not repugnant to the word of God or repealed by posteriour lawes To this we answer First The Kings Majesty by commanding his subjects to renew the confession of Faith for maintaning the doctrine discipline profest in anno 1580. hath commanded them to abjure whatsoever is found by the competent Judge to bee introduced since that time repugnant therto albeit by the corruption of times it were couÌ„tenanced with some law interveening Secondly the Lords of Councell and Session and other Subjects have subscribed the confession of Faith as it was 1580. not only without any restriction of it to the present laws but in a direct opposition to what is presently established by returning from the present corruptions in the profession tanquam termino a quo to the profession 1580. taÌ„quam terminum ad quem which a great part of Councellours and other Subjects have declared to bee their meaning Thirdly Episcopacie is found by the Kirk of Scotland in many Assemblies to be an office unwarranted by the word of God unlawfull and repugnant thereto so that the abjuration thereof in this Kirk is lawfull and necessare Fourthly Episcopacy was never restored by any Assembly of this Kirk nor these Assemblies wherein it was condemned repealed without the which the same could not
the subjects are discharged from yeelding obedience to the Act of Parliament which either made any such law or ratified any such decree of the Church This position they deliver in their answer to the 5. reasons in the said Declaration and would be well weighed A fourth position is this The Assembly hath power to discharge all subscription to the confession of faith commanded to be subscribed by Us and as it is interpreted by Us or Our Commissioner so leaving Us no power at all in Ecclesiasticall causes which all Reformed Churches give their Princes according to Gods Law This position is in the same place in their conclusion of their answers to the five reasons A fifth position is this The Assembly without Us is the Church and the onely Judge competent fit to interpret and explaine all doubts arising upon the confession of faith commanded by Us which they put in practice by explicating Our confession of faith against Our owne meaning and after We had dissolved the assembly This position is set downe in the beginning of their conclusion after their answers to the five reasons A sixth position is this Though the Law be interpreted yet if it be interpreted in a sense disliked by most of the Kingdome the body of the Kingdome for whose good the Law was made may crave the lawfull redresse of the grievances sustained by that Law This position is in the fifth of their ten Articles propounded before the indiction of the assembly A strange position that they shall crave redresse of a Law and before a Parliament which onely can redresse it and though they call it a craving to redresse it yet they meane an actuall redressing of it for they before a Parliament was at this time indicted have actually done many things against Acts of Parliament and stand upon their justification that they may lawfully doe so The seventh position is this The Assembly is independant either from King or Parliament in matters Ecclesiasticall This position is in their Protestation against Our Proclamation of the 18. of December 1638. in their third reason against Our gracious offers delivered into the Assembly by Our Commissioner and is a position delivered not onely in the sense but in the very words of the Jesuites The other positions following generally dispersed throughout their Protestations and Pamphlets are so obvious to any one who hath read them as the particular cytation of them may bee forborne such as are these following An eight position is That in all matters determined in an assembly We are to receive them as the son of the Church and have no further interest in them though they be not matters of faith but matters of government and those concluded by them against Acts of Parliament established by Us and Our three Estates nay though they concerne secular businesse as making of Salt and fishing for Salmons on Sundaies changing of Markets from one day in the weeke to another and such like for in their late pretended Assembly they have determined of many such things as doth appeare by the Index of their Acts. They will not find many Papists who have said so much for the Church of Rome nor any Jesuites which have said more A ninth position is this It is lawfull for subjects to make a Covenant and combination without the King and to enter into a band of mutuall defence against the King and all persons whatsoever though by two Acts of Parliament before cyted all such persons as shall be found either contrivers of or adherers to any such league are punishable with death A tenth position is this That it is lawfull for themselves sitting in an assembly to indict a new assembly without Our consent as they have now indicted a new assembly to bee held in July next or out of the assembly when they please as they professed that now they would have done if We had not indicted one though this be directly and expresly against two Acts of Parliament before cyted An eleventh position is this If subjects bee called before Us and Our Councell for any misdemeanour if they who are called doe any way conceive that the matter for which they are called doth concerne the glory of God or the good of the Church and a wonder it is if any cause can be found which doth not concerne one of these two then they may appeale from Us and Our Councell to the next generall Assembly and Parliament and in the meane time before these appeales be either heard or discussed they may disobey Us and Our Councell although by an Act of Parliament before cyted it is expresly made treason and the Ministers who appealed from Our Royall Father and his Councell were upon that Act arraigned and found guilty of treason The twelfth position is this That when We are intreated to indict a generall Assembly it is not that there is any need of Our indiction but rather to doe Us honour and to beget some countenance to their proceedings alledging that the power of indiction is in Us but cumulativè not privativè which if We shall refuse then that power is suppletivè in the collective bodie of the people as it is alwaies say they in all other cases if the Prince shall either neglect or refuse to doe his dutie Nor are they ashamed to averre that all Soveraigne authoritie was originally in the collective bodie of the people by them conferred with their owne consent upon the Prince and therefore if the Prince shall omit to doe his dutie he either falls from his right or his right is interrupted untill he returne to his dutie but that in the meane time the Soveraigne right and authoritie doth returne to and remaine with the people from whom it was at the first derived upon the Prince A prettie matter it were if Princes Crownes and Soveraignties should depend upon such notionall and pedanticall distinctions and wonder it is that these men who professe themselves to be the greatest enemies to Poperie in all the World should borrow the very words and termes of this ridiculous distinction from the Jesuites which distinction if it had ever been used in those primitive and purest Councels of the Church all of which were onely called by the Emperours and in which all matters were ordered and disposed by their Presidents and Deputies it would have made those Emperours out of love with the Councels and Assemblies of the Church But they were never robbed of that speciall prerogative of their Crowne untill the Bishops of Rome by their tyrannie and usurpation and by animating and arming their owne subjects against them dispossessed them of it And now We and Our Successors being repossessed of it againe by the Lawes of that Our Kingdome and the usurpation of the Pope in that very particular being by many of Our Acts of Parliament excluded wonder it is to see these men take upon themselves that usurped and cashiered Papall authoritie The thirteenth position is this If We or
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
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
declaring himselfe for them protesting that he was alwaies set their way but had delayed to professe it so long as he found his close carriage might be advantagious to their cause but now of late matters had come to such a height that he found it behoved him to adjoin himself openly to their societie except he should prove a Knave this was as We are informed his owne word Then he went on and exhorted them all to unitie wishing all but especially the Ruling-Elders and Ministers to keepe a good correspondence intreated all the Ministers to consider what had brought the Bishops to ruine viz. pride and avarice and therefore willed them to shun these two rockes if they would escape shipwrack The Lord who delivered this speech delivered indeed the true meaning and sense of the Covenanters for it was neither the Bishops bringing in the pretended innovations nor their suspecting them to bee guilty of the odious crimes expressed against them in their Libell which incensed this and the other Covenanting Lords against the Bishops but their feare of their daily rising in dignitie and place which in this speech is called pride in them and their feare that the Bishops might recover out of their hands by law some of the Church lands belonging to their Churches which in this speech is called avarice in the Bishops In the meane time whether it be not pride in these Lords to envie any mans rising in the Church and Common-wealth according to that worth and sufficiencie which his Prince shall find in him and whether it bee not avarice in them not to endure that other men should legally seeke to recover their owne from them shall be left to the judgement of the indifferent Reader But for this revolted Lord who made this speech and professeth in it That if he had now not adjoyned himselfe to them he should have proved a Knave We can give this testimonie of him That at his last being here with Us in England at which time We had good reason to mis-doubt him he gave Us assurance that hee would rest fully satisfied if We would performe those things which Wee have made good by Our last gracious Declaration in which We have granted more then We did at that time promise so that We had little reason to expect his adjoyning himselfe to them who had given Us so great assurance to the contrary besides that assurance which hee gave to Our Commissioner when hee was in Scotland And now if by his owne confession hee carried things closely for the Covenanters advantage being then one of the Lords of Our secret Councell and that in the end hee must openly joyne with them or bee a Knave what hee hath proved himselfe to bee by this close and false carriage let the World judge Our Commissioner after he had by Our commandement dissolved the Assembly hearing that they who remained still at Glasgow under the name of an Assembly went about to put such a sense upon that confession of faith and band annexed which We lately had commanded to bee renewed as agreed best with those corrupt glosses and false interpretations which by their owne Covenant they had put upon it as if Episcopall government had now by Our commandement been abjured and so did begin to magnifie Our Covenant and resolved to declare it to be all one with their owne though they had in their Pulpits called it the depth of Sathan and had assured their followers that it could not bee sworne unto without perjurie and that even after that Act of Councell upon which they did ground their interpretation he having perused Our instructions which required him not to suffer the confession of faith to be sworne in any sense which might not consist with the lawes of that Church and Kingdome then in force thought it convenient to print a Declaration of Our cleare meaning and intention in requiring that oath which so soon as it was published made them quite change their minds and prohibit the subscription to Our Covenant which they had immediately before so much extolled Our Commissioners Declaration We have here caused to be re-printed together with their printed answer to it because We are confident both by Our owne judgement and the judgement of others who have perused them both that the five reasons contained in Our Commissioners Declaration stand yet unshaken for any thing delivered in their answer unto them and that as strongly as the Divines of Aberdenes first Queries Replies and Duplies doe Our Commissioners explanation followes An Explanation of the Oath and Covenant WHereas some have given out that by the Act of Councell which explaineth the Confession of Faith lately commanded to bee sworne by his Majestie to be understood of the Confession of Faith as it was then professed and received when it was made and that in that Confession defence both of the doctrine and discipline then established is sworn at which time Episcopall government being as they say abolished it must needs follow that the same government is by this late oath abjured And understanding that even amongst those who continue together still at Glasgow under the name of a pretended and unlawfull generall Assemblie this objection is held to be of some moment and used by them to the great disturbance of the peace of this Church and Kingdome and to the great disquieting of the mindes of such his Majesties good subjects as have taken the said Oath and yet never meaned nor do meane to abjure Episcopall Government and to perswade others that if they shall take the same Oath thus explained by the said Act of Councell by so doing they must likewise abjure the said government We James Marquesse of Hamiltoun his Majesties High Commissioner wondring that any such scrupulous misconstruction should be made of his Majesties gracious and pious intentions and being desirous to remove all doubts from the mindes of his Majesties good subjects and to keep them from being poysoned by such as by forced and forged inferences would make them beleeve that they had actually by taking that Oath sworne that which neither virtually nor verily they have sworne or ever intended to sweare or was required by Authoritie to be sworne by them either directly or indirectly considering that all Oathes must be taken according to the minde intention and commandement of that Authoritie which exacteth the Oath and that we by speciall commandement from his sacred Majestie commanded the said Oath to be administred wee do hereby freely and ingeniously professe and declare our minde and meaning herein as wee have constantly heretofore done since our comming into this Kingdome about this imployment viz. That by any such words or Act of Councell we never meaned or intended that Episcopall government should bee abjured nor any thing else which was established by Acts of Parliament or Acts of the Church of this Kingdome which are now in force and were so at the time of the taking of the said Oath Nor indeed
Majesties Proclamation bearing date the ninth of September in their ninth reason against the subscription urged by his Majestie do plainely averre that this Oath urged by his Majestie doth oblige the takers of it to maintaine Perth Articles and to maintaine Episcopacie Why therefore some men swearing the same words and syllables should have their words taken to another sense and bee thought to abjure Episcopall government more then others who have taken the same oath in the same words must needs passe the capacitie of an ordinarie understanding It is a received maxime and it cannot be denied but that oaths ministred unto us must either bee refused or else taken according to the knowne minde professed intention and expresse command of Authoritie urging the same A proposition not onely received in all Schooles but positively set down by the adherers to the said protestation totidem verbis in the place above cited But it is notoriously knowne even unto those who subscribed the Confession of Faith by his Majesties commandment that his Majestie not onely in his Kingdomes of England and Ireland is a maintainer and upholder of Episcopall government according to the laws of the said Churches and Kingdomes but that likewaies he is a defender and intends to continue a defender of the same government in his Kingdome of Scotland both before the time and at the time when hee urged this oath as is evident by that which is in my Lord Commissioner his Preface both concerning his Majesties instructions to his Grace and his Graces expressing his Majesties minde both to the Lords of Councell and to the Lords of Session and the same likewayes is plainly expressed and acknowledged by the adherers to the said protestation in the place above cited their words being these And it is most manifest that his Majesties minde intention and commandment is no other but that the Confession be sworne for the maintenance of Religion as it is already or presently professed these two being co-incident altogether one and the same not onely in our common forme of speaking but in all his Majesties Proclamations and thus as it includeth and continueth within the compasse thereof the foresaids novations and Episcopacie which under that name were also ratified in the first Parliament holden by his Majestie From whence it is plaine that Episcopacie not being taken away or suspended by any of his Majesties declarations as these other things were which they call novations it must needs both in deed and in the judgement of the said protesters no wayes bee intended by his Majestie to be abjured by the said oath Now both the major and that part of the minor which concerneth Episcopall government in the Church of Scotland being clearly acknowledged by the Protesters and the other part of the minor concerning that government in his other two Kingdomes being notoriously knowne not onely to them but to all others who know his Majestie how it can be imagined that his Majestie by that oath should command Episcopacie to be abjured or how could any one to whom his Majesties minde concerning Episcopall government was known honestly or safely abjure it let it be left to the whole world to judge especially considering that the Protesters themselves in that place above cited by a dilemma which we leave to themselves to answer have averred that when that Act of Councell should come out yet that it could not be inferred from thence that any such thing was abjured Fifthly and lastly If the explanation in that Act of Councell be taken in that not onely rigid but unreasonable and senslesse sense which they urge yet they can never make it appeare that Episcopall government at the first time of the administring of that oath was abolished The very words of that Confession of Faith immediatly after the beginning of it being these Received beleeved defended by many and sundrie notable Kirks and Realmes but chiefly by the Kirk of Scotland the Kings Majestie and three Estates of this Realme as Gods eternall truth and onely ground of our salvation c. By which it is evident that the subscription to this Confession of Faith is to be urged in no other sense then as it was then beleeved and received by the Kings Majestie and the three Estates of this Realme at that time in being and it is well knowne that at that time Bishops Abbats and Priors made up a third Estate of this Realme which gave approbation to this Confession of Faith and therefore it is not to bee conceived that this third Estate did then abjure Episcopacie or that Episcopacie was at the first swearing of that Confession abolished But say that at that time it was abolished by Acts of generall Assemblie yet was it not so by any Act of Parliament nay by many Acts of Parliament it was in force because none of them was repealed some whereof are annexed in the sheet immediatly after these reasons which wee pray the Reader carefully to peruse and ponder and at the very time of the taking of this oath and after Bishops whose names are well knowne were in being Now it is to bee hoped that in a Monarchie or any other well constituted republick that damnable Jesuiticall position shall never take place That what is once enacted by a Monarch and his three Estates in Parliament shall ever be held repealed or repealable by any Ecclesiasticall nationall Synod By all which it is evident that the explanation of that Act of Councell so groundlesly urged can induce no man to imagine that by the Confession of Faith lately sworne by his Majesties commandment Episcopall government which then did and yet doth stand established by Acts of this Church and Kingdome either was or possibly could be abjured And having now good Reader heard his Majesties minde in his instructions to us our minde in requiring in his Majesties name this oath to be taken and these few reasons of many which doe evidently evince the inconsequence of that sense which without any shew of inference is put upon it by those who would go on in making men still beleeve that all which they doe or say is grounded upon Authority though they themselves doe well know the contrary wee suppose that all they who have taken this oath will rest satisfied that they have not abjured Episcopall government and that they who shall take it will take it in no other sense Which timely warning of ours we are the more willing to give because we are given to understand that even they who were wont to call the takers of this oath notwithstanding of that explanation by act of councell perjured and damned persons and in their pulpits called the urging of it the depth of sathan doe now meane to take it themselves and urge others to take it in that sense which they make men beleeve though wrongfully that act of councell makes advantageous to their ends But we doe in his Majesties name require that none presume to take the said oath
subiects complaint respected or the offenders punished with consent of Authority and so by casting the Kirke and Estate loose and desolate would abandon both to ruine Seventhly it was most necessary to continue this Assembly for preveening the preiudices which might ensue upon the pretence of two Covenants whereas indeed there is but one that first subscribed in 1580. and 1590. being a nationall Covenant and oath to God which is lately renewed by us with that necessary explanation which the corruptions introduced since that time contrary to the same inforced which is also acknowledged in the Act of Councell in September last declaring the same to be subscribed as it was meaned the time of the first subscription and therefore for removing that shame and all prejudices which may follow upon the shew of two different Covenants and Confessions of Faith in one Nation the Assembly could not dissolve before it had tryed found and determined that both these Covenants are but one and the selfe same Covenant The latter renewed by us agreeing to the true genuine sense and meaning of the first as it was subscribed in anno 1580. And further in the said Proclamation the straine of our Protestation is taxed because we have thereby presumed to cite those of his Majesties Councell who have procured subscribed or ratified this Proclamation to bee responsall to his Majestie and three Estates of Parliament whereas the same cannot be justly quarrelled because it it is grounded upon the Law of the Kingdome and warranted by the act of Parliament therein cited 12. act Par. 2. James 4. which act is grounded upon good reason for it were strange to thinke that Councellours giving bad counsell to the evident prejudice and ruine of the Countrey and publick detriment of the good Subjects should not be countable therefore to his Majestie and his Estates and it is not without instance in our Lawes that perverse counsell hath beene given in misguiding the Kings and common good of this Realme Act 6. Par. 1. James 4. which is also acknowledged by the reduction of grants made by Kings to these perverse Councellours act 3. Par. 4. and act 5. Par. 1. James 4. The perversenesse of which misguiding counsell hath been assuredly the cause why in the next Parliament in the yeere immediately subsequent the Kings Councell was chosen in Parliament and sworne in presence of the King and three Estates and ordained to be responsall and accusable to the King and three Estates for their counsell Which cleareth that both evill counsell may bee given and that the Councell may be accused before the King and Parliament for malversation in their charge Like as his Maiestie in the Proclamation makes all persons lyable to the Parliament and generall Assembly and so giveth way to this previous cytation which may serve for a forewarning and intimation that they may bee accused if they bee guilty as wee know all are not and wish that none were All which heavie objections and imputations are premitted in the Proclamation to the conclusion and command thereof which resolveth into two heads the first discharging obedience to the acts of Assembly and liberating all who shall disobey from censure and promising Protection to the disobeyers and inhibiting all Presbyteries Sessions of Kirks Ministers within this Realme in their Sermons Sessions and meetings or any otherwaies to authorize approve or allow the Assembly at Glasgow or doe any deed which may countenance the same under paine to be punished with all rigour And commanding all who shall heare them to delate the same under paine of the like punishments likewaies straitly charging and commanding all Judges within this Realme Clerks and Writers not to grant or passe a bill summond or letters or any other execution whatsoever upon any act or deed proceeding from the said Assembly and all keepers of the Signet from Signeting thereof under all highest paine And the second head commanding all Subiects to subscribe and sweare the Confession commanded by his Majestie conforme to the sense and meaning of the declaration published by the Commissioner whereunto we need not here make any answer but remits the same to a speciall answer published in print made to that Declaration But for the first the same is so farre repugnant to the word of God practice of the primitive Kirke the Lawes Civill and Canonicall the custome of all Nations the constitutions of our generall Assemblies acts of Parliament practice of other judicatories within this Kingdome to the Confession of Faith and discipline of this Kirke as we cannot believe any such commandments to proceed from our gracious King but from the malice and mis-information of our adversaries the conscience of whose guiltinesse affrighteth them to undergoe their deserved censure which is cleare first That the same is contrary to the Law of God from that place of Scripture Mat. 18. wherein the Kirke is commanded absolutely to inflict censures 1. Cor. 5. wherein the Kirke did execute that commandment And the Kirks of Pergamus and Thyatira are reproved for not executing Ecclesiasticall censures against those who held the doctrine of Balaam or of Jezebel 2. Rev. So that the power of the keys in Ecclesiasticall censures is so intrinsecally and so essentially competent to the Kirk and generall Assembly jure divino as obedience to her decreets and executions thereof cannot be suspended far lesse taken away and discharged by humane authority more nor the power of preaching and administration of the Sacraments Secondly it is contrary to the practice of the Apostolike and Primitive Kirks whose constant practice was to execute the spirituall functions and censures and notwithstanding humane prohibitions to obey God rather then man Thirdly It is contrary to the civill Law si contra jus vel utilitatem publicam vel per mendacium fuerit aliquid postulatum vel impetratum ab Imperatore Et titulo de diversis rescriptis pragmaticis sanctionibus Fourthly the same is contrary to the Cannon Law decret decretal extravagan titulo de rescriptis Fifthly it is contrary to the universall custome in all Nations ordaining their Judicatories to doe justice notwithstanding their Princes prohibition as is cleare by Convarnvia in Spaine Pappon in France Suedwyne in Germanie c. upon the title de rescriptis aut constitutionibus principum Sixthly to the constitutions of generall Assemblies because in sundry generall Assemblies upon complaints made that the Kings Majestie and his Councell by their letters offered some stop to the Kirk from going on in her Ecclesiasticall censures especially by act of the generall Assembly conveened in the new Colledge of Sanctandrows 20. April 1582. it is ordained that none being received to any Ecclesiastical function office or benefice seek any way by the civill power to exeeme and withdraw themselves from the jurisdiction of the Kirk or procure obtain or use any letters or charges either by themselves or any other in their name or at their
sharpest warre was rather to be endured then the least errour in doctrine or discipline Another in his Sermon wished That hee and all the Bishops in that Kingdome were in a bottomlesse boat at sea together for he could bee well content to lose his life so they might lose theirs Thousands more such beastly barbarous and profane speeches were delivered by them not onely in their Pulpits but in their Sermons For the Reader must know that in these times of tumult where the Churches were not able to containe the great multitudes they did usually preach in common and profane places in roomes which are yet in building and not finished intended for Lawyers to plead in in the Halls of the Taylors and other mechanicall tradesmen of Edinburgh in some private houses in the Hall of the Colledge of Edinburgh where one Sunday Rollock being to preach but finding the crowds of people to be too great for that place mounted upon the top of a paire of staires which went up to an upper ground in an open place which was onely covered by the heavens and from thence preached to a great troupe or multitude whose breath is the onely aire hee desireth to live in being shot quite through the head with popularitie Others preached in the free-Schoole at Edinburgh where boyes use to play and bee punished If these speeches and many as bad or worse then these and delivered in such places be fit to perswade the people that their Covenant comes from God the Reader may easily discerne The second meanes which they used for blind-folding the eyes of the people were their many false reports which both in their Pulpits and out of their Pulpits they vented amongst the people which their Leaders knew in their owne consciences to be most false They gave it out that We intended to bring in Poperie in all Our Kingdomes or at least a toleration of it It was preached that the Service Book was framed at Rome and brought over by a country-man of theirs when they doe know that every Papist by the Popes Bull is prohibited to heare the Service Booke read Others preached that all England was of their opinion and judgement and that they had good intelligence from hence that no man would adhere to Us against them Another preached that no man would have protested against the generall Assembly but for money and that none had protested but they who had received some when they did know that many had protested who had received none It is true indeed that some poore Ministers being thrust out of their Benefices by them for adhering to Us were petitioners to Our Commissioner for relieving the necessities of them and their families some of those who were most necessitated he did a little relieve but some of that number were none of the protesters and many who were protesters were none of that number It was preached ordinarily in their Pulpits that neither We nor Our Commissioner in Our name did ever intend to hold the generall Assembly or if We did hold it did never intend to performe any thing which We had promised in Our gracious Declaration though they now know that We have performed both Within these few daies some desired the people publiquely in their Pulpits to give thankes to God for that overthrow which the Hollanders had given to the Spanish Fleet before Dunkirke assuring their auditours that it was no lesse to be celebrated by them then their deliverance from the Spanish Invasion in 88. because all that Fleet was prepared at Our charge for their ruine and subversion Besides many thousands more such reports and counterfeited letters scattered by them of which some no doubt were devised by themselves whereby they kept Our people in that ignorance in which at the very first they had resolved to involve them Now what a fearfull and terrible thing is it for men in the house of God and in those places of these houses of God which they call the chaires of truth to deliver such things as either they doe not know to be true or doe know to be false Besides these dictates of the Ministers the lay-Elders since they came to thinke themselves Ecclesiasticall persons for so now they doe and will not be called lay but ruling-Elders they have found new inspirations and delivered doctrines as like their Divines as may be one of them We cannot chuse but rehearse An ancient Knight and a lay-Elder intruded himselfe and his fellowes upon a Presbyterie for chusing the Ministers Commissioners for the Assembly and the Ministers of that Presbyterie not being able to keep them out though they earnestly desired it fell to intreat these lay-Elders that if they would needs intrude themselves in their election they would have a speciall care to chuse the ablest Ministers and who were most inclined to moderation and peaceable courses because the Church at this time stood in great need of such Commissioners The old Knight in great zeale replyed That whosoever at this time gave his voice to a moderate or peaceable minded Minister hee was a betrayer of Christ and his cause because these times required no luke-warme Commissioners which barbarous and unchristian speech of his being related by way of complaint to the Tables at Edinburgh was so far from being censured as it was approved for a high and heroicall ejaculation The third meanes whereby they have perverted Our people and continued them in their disobedience to Us and Our Lawes have been their strange and damnable positions whereby they have impoysoned Our subjects some whereof We shall now declare unto you First What subjects doe of their owne heads is much better then what they doe in obedience to Authoritie the one savouring of constraint but the other being voluntarie and cheerfull obedience This proposition is delivered in their Protestation bearing date the 22. of September 1638. made against Our gracious Declaration it is in their fifth reason against the subscription to the Confession of faith urged by Us. A second The Parliaments power doth no more reach to the placing of Officers originally in the Church then the Church hath power to make States-men in the Common-wealth This position is in their answer to Our Commissioners Declaration concerning Our sense and meaning in commanding the Confession of faith to bee subscribed Where they have added the word Originally onely to puzzle the Reader For certainly their meaning must bee That the Parliament hath no power for confirming of Officers placed in the Church by the Church it selfe for no Act of Parliament in that Kingdome doth make any Officers in the Church originally but onely ratifieth and confirmeth such as were established by the Church in her generall Assemblies A third position is this The Parliament can make no law at all concerning the Church but onely ratifie what the Church decreeth and after it hath ratified it yet if the Assembly of the Church shall prohibit it and repeale that decree of the Church all