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
Prelates Act anent the excommunicating of the Ministers deposed who doe not obey their sentence Act against those who speake or write against the Covenant this Assembly and constitutions thereof Act of reference anent the voicing in the Kirk Sessions Act condemning Chapters Archdeans preaching Deacons and such like Popish trash Act against the obtruding of Pastors upon people Act against marriage without Proclamation of Banes Act against funerall sermons Act anent the triall of expectants that is such as are not possessed of any Benefice Act anent the admission of Master Archibald Johnstoun to be Advocate and Master Rob. Dalgleish to be Agent for the Kirk Act anent the transplantation of Master Alexander Henderson from Leuchars to Edinburgh Act of reference to the Presbyteries and Provinciall Assemblies to take order with Salmon-fishing Act of transporting Master Andro Cant from Pitsligo to Newbotle Act condemning all civill offices in the persons of Ministers separate to the Gospel as to be Justices of peace sit in Session or Councell to vote or ride in Parliament Act concerning a Commission for complaints about Edinburgh Another Commission to sit at Jedburgh Another Commission to sit at Irwin Another Commission to sit at Dundee Another Commission to sit at the Channeries and Forres Another Commission to sit at Kircubright A Commission for visitation the Colledge of Aberdene A Commission for visitation of the Colledge of Glasgow Act against Salmon fishing and going of milnes on the Sabbath day Act appointing the Commissioners to attend the Parliament and Articles which they are to represent in name of the Kirke to the Estates Act ordaining the Commissioners from Presbyteries and Burrowes presently to get under the Clerks hand an Index of the Acts and hereafter a full extract of them which they are bound to take back from the Assembly to the Presbyteries and Burrowes Act ordaining the Presbyters to intimate in their severall pulpits the Assemblies explanation of the Confession of faith the Act against Episcopacie the Act against the five Articles the Act against the Service book booke of Canons booke of Ordination the High Commission the Acts of excommunication and deposition against some Prelates and Act of deposition onely against some others of them An Act discharging Printers to print any thing either anent the Acts or the proceedings of this Assemblie or any treatise which concernes the Kirke without a warrant under Master Archibald Johnstouns hand as Clerke to the Assemblie and Proctor for the Kirke and that under the pain of all Ecclesiasticall censure to be intimate with other Acts. Act ordaining the Covenant subscribed in Febr. now to be subscribed with the Assemblies Declaration Act discharging all subscription to the Covenant subscribed by his Majesties Commissioner and the Lords of Councell Act ordaining all Presbyteries to keepe a solemne thanksgiving in all Parishes for Gods blessing and good successe in this Assembly upon the first convenient Sabbath Act against those who are malicious against this Church decliners or disobeyers of the Acts of this Assembly Act warranting the Moderatour and Clerke to give out summons upon relevant complaints against parties to compeere before the next Assembly Act renewing the priviledges of yeerely generall Assemblies and oftner pro re nata and appointing the third Wednesday in July next in Edinburgh for the next generall Assembly Act that none be chosen ruling Elders to sit in Presbyteries provinciall or generall Assemblies but those who subscribe the Covenant as it is now declared and acknowledges the constitution of this Assembly Act to transport Master Rob. Blair from Aire to St. Andrewes Act for representing to the Parliament the necessitie of the standing of the Procutors place for the Kirk There are many lesse principall Acts omitted so the Index is not fully perfect A. Jhonston BY these it is easie to be discerned what conclusions tending to Sedition and Rebellion and the overthrow of the lawes both of Church and Kingdome were agreed upon what false nay and what foolish positions there were established For instance Had it not been enough to have removed Episcopall government the five Articles of Perth and the other pretended innovations if they had been furnished with lawfull power so to doe No but they will have it concluded that all these were abjured in the confession of faith when it was first sworne which no reasonable man can beleeve and which they themselves did allow in many not to abjure when they first swore their Covenant and to which many Ministers members of this Assembly had sworne at their admission into their Benefices according to the Acts of Parliament and Acts of generall Assembly provided in that case And so by swearing that these things were abjured in the first confession they make them profess that they had perjured themselves in taking the other oath of their conformitie to these pretended innovations Upon which rocke one Minister of the Assembly finding himselfe to be set fast when that Act was voiced unto which declared Episcopall government and the five Articles of Perth to have been abjured formerly and so to be for ever removed Mr. Robert Baylie voiced thus Removed but not abjured to the great scandall of the rest of the Assembly hee being reputed for one of the ablest men in it But the Act was drawne up in these termes Abjured and removed by the voices of all the Assembly except his alone who knowing that all the Acts were particularly to be read and voiced to againe had drawn up a supplication to the Assembly in the name of those Ministers who before had conformed themselves to the five Articles of Perth for a mitigation of that Act at least that it might receive a publique hearing and arguing which the rest having knowledge of when that Act came to bee read and voiced to againe one of the Lords who was a lay-Elder perswaded with the Clerke that in calling the List this Minister his name should be omitted and so the Act passed without so much as asking of his voice who had his supplication ready when he should be called upon by his name but perceiving that the omission of his name was purposely done he durst stirre no more in it for feare of publique envie and some private mischiefe which might be done unto him And yet you must think this was a most godly and free Assembly Towards the end of their Assembly they divided themselves into severall Committees which should after their rising see all their Acts put in execution a thing never heard of before in that Church The Moderatour concluded with thankes to God for their good successe and then to the Nobilitie and the rest for their great paines and last of all with a speech to the Earle of Argyle giving him thankes for his presence and counsell by which they had been so much strengthened and comforted The Lord Argyle answered him with a long speech first intreating all present not to misconstrue his too late
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
afterward by his authoritie renewed then they needed not to have sit one houre longer for finding of that for any man that can read may finde the words and syllables of both to be the very same without the least alteration But if by their Covenant they doe understand their explications additions and glosses which destroy and corrupt the verie text of the first Covenant then certainly they should not have risen yet nor could have risen untill the end of the world for they will never finde that these corrupt glosses apocryphall additions of their owne can consist with Our Royall Father his Confession and Covenant upon which they pretend they ground their owne Besides as shall presently appeare they have discharged all men to subscribe the Confession and Covenant commanded by Our authority which Wee suppose they would not have done if they had found them to be one and therefore if they be men of their words they should have sate still and not risen yet because as yet they have not found them to be one After their seven reasons they adde seven protestations of the same piece with their reasons The first third fourth and fifth are not worth the reading for they conteine nothing but their usuall tautologies and taking the sacred name of God in vaine In the second and latter end of their sixth reason their is so much boldnesse expressed as could never have beene expected from any men who had been acquainted with the names of King Law Authoritie or Government For who ever heard that subjects durst require their Kings Commissioner not to depart out of the Assembly when he himselfe had pleased although he had not been commanded by Us so to doe what greater command could they have laid upon the meanest member of the Assembly then this by which they affronted Our Commissioner and in him Us and Our authoritie But their cytation of Our Councell who signed Our Proclamation to appeare as offenders before Us and Our three Estates of Parliament which by the way Wee wonder how they can bee made up without Bishops and to answer the subscription of Our Proclamation as a crime is a boldnesse that calleth more for admiration then refutation They cyte for this their doing the twelfth act of the second Parliament of Our Royall Progenitor James the fourth Wee wondered that in his dayes there should bee any warrant found for the allowing the members of a generall Assembly in any thing in whose time a generall Assembly had no existence but when we looked upon the act We wondered much more for there is not so much as any word to bee read there which can bee drawne to any shew of construction that way That act attributeth rather too much to Privie Councellours then diminisheth them so that upon perusall of the act We were almost inforced to excuse them and lay the fault upon the Printer who had mistaken the cytation untill Wee remembred that in their cytations both of other acts of Parliament and many passages of holy Scripture they are as farre out as in this hoping belike that the Reader would never peruse them That which they affirme about the middle of the sixth Protestation that the Prelates moved Our Commissioner to dissolve the Assembly We must averre upon Our owne knowledge to be farre otherwise for he did it by Our speciall commandement when none of the Prelates were neere Us to give Us any such advice Their seventh protestation is usuall with them and therefore now not to be taken notice of And now when the Reader hath perused both Our Proclamation for the dissolving of that Assembly and their Protestation against that Our Proclamation and hath well weighed all the precedent first violences and then jugglings for their obtayning of such persons onely to be elected as should be sure to stand for such conclusions as they had resolved upon at their Tables at Edinburgh We doe leave it to the judgement of every man to consider whether Wee could any longer continue that Assembly without indangering Our owne Royall authoritie which they intended to supplant and betraying into the hands and power of their sworne and combined enemies the Bishops of that Church who never declined nor yet doe decline the tryall of a generall Assembly lawfully constituted They did long call for a free generall Assembly Wee granted them one most free on Our part and in Our intentions But as they have handled and marred the matter let God and the World judge whether the least shadow or footstep of freedome can in this assembly of theirs be discerned by any man who hath not given a Bill of divorce both to his naturall light that is his Understanding and to his connaturall light that is his Conscience It is a great errour to conceive that libertie and limitation are destructive one of another for that freedome which admitteth no bounds and limits is not libertie but licentiousnesse When therefore they talked of a free generall assembly We tooke it as granted that they meant not an assembly in which every one both in the necessarie preparations preceding it and in the necessarie proceedings in it might say and doe what hee would but such an assembly in which no man having interest should bee barred either in the precedings to it or proceedings in it of that libertie which the lawes or customes of that Kingdome and Church in which that assembly was convocated doe allow him which two bounds whosoever shall transgresse though they pretend libertie and freedome yet in all true intendment construction they must be taken either for professed common or clandestine enemies to the freedome of that assembly What wresting and wringing was used in their last Protestation made at Edinburgh to charge Our gracious Proclamation with prelimitations is knowne and it was detested by many even of their owne Covenant Whether their courses especially in the elections of the members of this assembly were not onely prelimitations of it but strong barres against the freedome of it and such as did utterly destroy both the name and nature of a free assembly inducing upon it many and maine nullities besides the reasons contained in the Bishops Declinator let these few particulars declare First whereas they refused so much as to heare from Our Commissioner of any precedent treatie for repairing and right ordering of things before the Assembly alledging that it could not be a free Assembly where there was any consultation before either concerning the chusers or those to bee chosen or things to be discussed in the Assembly but that all things must be treated of upon the place else the Assembly must needs be prelimitated Whether they did not transgress in all these particulars is easie to bee discerned For besides these instructions which it may bee are not come to Our knowledge We have seen and Our Commissioner at the Assembly did produce foure severall papers of instructions sent from them who call themselves the Table all of
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
show that no power is granted unto them as Bishops but Commissioners from the Kirk and the name is still used because the benefice was not extinct but they were knowne by that appellation The acts of Parliament 1581. were better alledged for Assemblies then Bishops for it is an expresse ratification of the former acts of abolition of Bishops and abrogation of all acts or constitutions cannons civill or municipall contrare to the Religion then presently profest within this kingdome which is not only clearly exprest in the words but if they were doubtsome as they are not were manifest for these reasons First the Assembly holden at Edinburgh about the very same day honoured with the presence of his Majesties Commissioner is acknowledged by him to have condemned Episcopacy whereunto temporall jurisdiction is annexed and the Assembly declaring that function to be against the word of God and acts of the Kirk thereupon did supplicat the Parliament that they should make no acts repugnant to the word of God especially concerning Bishops Secondly the King and Estates by that act ratifieth all acts made for maintainance of the liberty of the true Kirk of God presently professed within this Realme and purity thereof which present profession can be no other then that which was received by the Kirk and Assembly then presently sitting so near the Parliament at Edinburgh which had approven the Presbyteriall government condemned the Episcopall and ratified the short confession simul semel wherein the Estates had sworn to the Presbyteriall and abjured Episcopall government Thirdly this ratification of the former acts of Parliament must bee interpreted according to the words thereof to be in all points which are not prejudiciall to that purity of Religion and liberty of the Kirk presently professed within this Realm And at this time the whole Estates had subscribed the short Confession and so sworn to the discipline set down in the book of discipline which by this act is ratified in the first place before any speciall enumeration of particular acts Fourthly it hath beene formerly showne that in the preceeding acts of Parliament where Arch-bishops or Bishops are named the same hath beene by reason of their benefice and not their office which the Parliament could not give them being abrogate by Assembly or having intended really to give them any place would not have joyned Superintendents and other Commissioners with them or otherwise they are named as having equall power with the Superintendents and other Commissioners as in the convention at Leeth and conforme to the time especially 1572. and 1573. Wherein some titulars or possessors of prelacies so called in the 46. act of the Parliament 1572. had a commission from the Kirk like unto Superintendents which was not fully abrogate untill 1580. But all this was without prejudice of the Kirk her liberty to recall her own commission from these who were provided to prelacies and to condemne their Episcopall offices whereunto they ascrived the power which they really had by their commission as the Kirk did upon good reasons abrogate the office of Superintendents without impunging of the saids acts of Parliament which were never rescinded till 1592. whereby it is evident that though this act of Parliament 1581. ratifie the former acts wherein Arch bishops Bishops Superintendents or other Commissioners of the Kirk are named yet seeing the said acts are alternative conceived the vigour and efficacy thereof subsists by this ratification in the last alternative viz. Commissioners from the Kirk Dyoces or Province seeing the remanent were formerly condemned especially by this Assembly of Edinburgh holden the time of the Parliament Fifthly this ratification 1581. of the former acts made in favours of the true Religion repeating only the titles of these acts and not themselves cannot import any corroboration of the offices under the titles mentioned in these former acts because this ratification can only be extended to the matter and not to the designation of the persons exprest in the former acts which is only personall and circumstantiall as for instance this act 1581. could not confer any power or employment upon Superintendents because that office was then abrogate and out of the Kirk But the true meaning of the act is that ratifying the substance and matter in favours of the Kirk and Religion it doth intrust the execution to these whom the Kirk shall lawfully authorize with commission for that end which is more manifest in the 114. act Par. 12. 1592. wherein this act 1581. and all the acts therein contained are ratified quoad materiam and yet all Arch-bishops and Commissioners are discharged and all Ecclesiasticall matters subjected to Presbyteries Sixthly it cannot probably agree with reason that by this ratification the Parliament above their power would endevoure to establish in the Kirk any function so recently condemned of before by the Assemblies at Dundie 1580. and at Glasgow and Edinburgh 1581. immediately before this Parliament The acts of Parliament 1584. are of severall natures But they were protested against by the Ministers of Edinburgh in the name of the Kirk of Scotland at the mercate crosse of Edinburgh when they were proclamed and as they were made in that time which was called the houre of darknesse in this Kirk tirrannized by the Earle of Arran so are they expresly repealed 1592. cap. 114. Anent the act of Parliament 1584. For the three Estates and so furth To answer Primo that the Kirk from the yeare of God 1580 1581. that the Confession was subscribed unto the year 1597. all this time was by continuall acts condemning the office of Bishops their spirituall their temporall their whole estate their confusion of civill and Ecclesiasticall jurisdiction and craving in Councell and Parliament the dissolution of Prelacies and the erection of Presbyteries 2. De facto the former Bishops being continually processed and sentenced by the Kirk these who presumed to usurp that office condemned by the Kirk namely Mr. Patrick Adamson and Mr. Robert Mountgomrie in the yeare 1582. 1584. 1586. they were deprived and excommunicate by this Kirk before the Parliament 1587. 3. De facto no Ecclesiasticall Bishop voted in Parliament but Mountgomry and Adamson who were taken in by the Earle of Arran unto the Parliament holden in May at Edinburgh 1584. Wherein the three Estates ratifieth the honour and dignity of the three Estates so that as these two Bishops cannot be called the third Estate which doth ratifie so the Estate of Bishops cannot be called the third Estate which is ratified especially seeing by that same Parliament in the 132. act Bishops of the Diocie are but nominate the Kings Commissioners And in the last act of that same Parliament printed of old in black letter there is set downe the Kings Commission granted to the said pretended Bishop Adamson 4. From 1581. till the yeare 1597. the quoter doth not eite nor can cite any act of Parliament expresly nominating any ecclesiasticall Bishop but that in the
protestation more largely And for the 132. and 133. act of the said Parliament 1584. there is no Ecclesiasticall priviledge or authority thereby granted to Bishops as Bishops but only a power of cognition wherein the Parliament hath joyned others the Kings Commissioners with them only as the Kings Commissioners and granted the same unto seculare persons with them but the King could never provide them to the office and jurisdiction of Bishops which was abolished by many acts of Parliament and Assemblies before written The 23. act 1587. worketh directly against Bishops being a generall ratification of all acts formerly made anent the religion presently profest in this kingdome which must include the acts abolishing Episcopacy but especially seeing in the same Parliament 1587. temporall livings are taken from the Bishops as well as the office was 1567. And the same act undoubtedly was granted in the same meaning wherein the Kirk did crave it who that same yeare had often condemned Episcopall government as contraire to Gods word and the liberty of the Kirk and approved Presbyteriall government as flowing from the pure fountaine of Gods word It falleth in here to be remarked that the act 114. anno 1592. is never alleadged and that because it not only revocks in particular the foresaid acts 1584. but in generall all other acts contrary to that discipline then established and in particulare the Assemblies Presbyteries and Synods with the discipline and jurisdiction of this Kirk are ratified and established as most just and Godly notwithstanding whatsoever statutes acts cannons civill or municipall lawes made in the contrare whereunto his Majesties prerogative is declared to be no wayes prejudiciall Further the said act abrogates all acts granting commission to Bishops and other Judges constitute in Ecclesiasticall causes and ordaineth presentation to benefices to be direct to Presbyteries with power to give collation thereupon And so containeth a ratification of the heads of Policy set downe in the second book of discipline Which act is renewed act 60. anno 1593. and the power of Presbyteries acknowledged 1594. act 129. and was never rescinded expresly in totum but only in part by the ratification of the act of Glasgow Which now cannot be respected but falleth ex consequenti seeing that Assembly of Glasgow is now upon just and infallible reasons declared to have been null ab initio and so this act of Parliament wisely omitted by the collecter to the Cōmissioners grace might serve alone without our preceeding speciall answers for clearing the whole preceeding acts The 23. act 1597. granteth the priviledge of a voyce in Parliament to the whole Kirk and under that name to Abbots or other persons provided to prelacies as well as Bishops even as in time of papistry So as Sir Robert Spottiswood Abbot of New-abbay road thereafter in Parliament which was both unwarrantable and unusuall Which doth nothing contribute for the Bishops advantage because albeit the benefice was not extinct yet neither the King nor the Parliament might give them the office so oft condemned by this Kirk which is also acknowledged in the same act because after the granting to them of the said voyce the Parliament remitteth them to the King and the Assembly concerning their office in their spirituall policy and government in the Kirk 2. The said act beareth expresly to be but prejudice of the jurisdiction and discipline of the Kirk established by acts of Parliament made in any time preceeding and permitted by the said acts to all provinciall and generall Assemblies and other whatsoever Presbyteries and Sessions of the Kirk and so the same cannot derogate from the former acts ratifying the present discipline of the Kirk especially the said act 1592. nor yet from the acts of the Assembly abjuring Episcopacy 3. The priviledge is granted upon condition they be actuall Pastors and Ministers And so we referre to the world and themselves if with good consciences they may claime the benefice of that act 4. That priviledge was obtruded and pretended to be introduced in favours of the Kirk who may and hath renounced the same as being incompatible with their spirituall function as the act of the Assembly at more length beareth upon undeniable reasons 5. When voyce in Parliament was first plausible obtruded upon the Kirk it was neither proponed nor tolerated in other tearmes then that onely such should have vote in Parliament as had Commissiom from the Kirk So that not as Bishops but as Ministers Commissioners from the Kirk they had vote in Parliament Like as the Assembly at Montrose 1600. being so hardly prest by authority that they could not get it altogether refused albeit in their conference at Haly-rud-house 1599. they proponed unanswerable reasons against this and all other civill places of pastours set downe cautions binding the Ministers voters in Parliament to bee insert in the act of parliament subsequent which was omitted notwithstanding of the Bishops oath and duty in the contrare for the breach whereof they are now most justly censured 6. The ratificatory acts of the priviledges of the Kirk and Discipline thereof then profest are not thereby abrogate but notwithstanding thereof must stand in force because it is ever understood and frequently provided in Parliament that all acts thereof are made salvo jure cujuslibe◠far more salvo jure ecclesiae sponsae Christi when she is robbed of her right without audience especially seeing her right is usually ratified in the first act of every Parliament 7. Albeit it were granted that by this Act of Parliament or any whatsoever the Prelates had voice in Parliament yet that doth not exeime them from Ecclesiastick censure nor forefault the Kirks right whereby she may condemne them for their transgressions as now this Assembly most justly hath done for by their own caveats whosoever is ecclesiastically censured by Presbyteries and provinciall Assemblies ipso facto loseth his benefice and vote in Parliament 8. Further the Bishops in their declinatour professe they never had commission from this Kirk to voice for her in Parliament according to the cautions set down in the Assembly at Montrose for the which cautions that Assembly was never challenged as trenching upon the third estate The act of parliament 1606. is coincident with the nature of the preceeding acts for albeit the King and parliament might have reponed them to their rents teends lands c. which were annexed to the Crown yea might have disponed to them any part of the patrimony of the Crown If lordly titles and civill places in the persons of pastors separat to the Gospel had been lawfull yet could not give them the spirituall office and jurisdiction spirituall which was abolished and abjured by many preceeding acts of Assembly and parliament forecited Et quod illud tantum agebatur is evident by the whole straine of the act reponing them for remeed of their contempt and poverty to their dignities priviledges livings rents lands and teinds and this alwayes
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
servants to rescue him who got the Bishop almost breathlesse into his lodging The same morning the Service Book was read in the next Church to Saint Gyles Church not without noise and tumult yet the furie was not so great as in the other Church In the Gray Friers Church the Elect Bishop of Argyle being Colleague to Master Ramsey who refused to read it begun to read the Book but he was so cursed and exclaimed against and threatned to be pulled downe that after the reading of the Confession and Absolution he was forced to give over In the Colledge Church Rollock one of the Preachers there who the Sunday before at the intimation of the reading of it had so much commended the Book and had undertaken this day to read it though hee had the Book ready to be carried to the Church with him yet very wisely resolved to halt a little untill he might know how it was entertained at Saint Gyles Church that so his conscience might comply with the carriage of the multitude whose rudenesse being reported to him he notwithstanding his commendations of the Book and his faithfull promise to read it thought it the safer course to leave himselfe to the censure of all men for his levitie and breach of promise then offend the multitude whose favour is the onely aire in which he taketh delight to breath and live And thus that morning passed Betweene the two Sermons such of Our Councell as were in the Towne assembled at the Lord Chancellour his lodging where the Lord Provost and Bailiffs of Edinburgh being called undertooke to doe their uttermost endevours for the quiet and peaceable reading of the Service Booke in the afternoon which accordingly they did and so the Service Booke in Saint Gyles and some other Churches that afternoone was read without any such tumult or insurrection as it encountred with in the morning yet the furious multitude who stayed in the streets and little regarded the service of God in the Churches intermitted nothing of their madnesse For the Lord Privie Seale Earle of Roxborough returning home to his lodging and having with him in his Coach the Bishop of Edinburgh was neare suffering the death of the first Martyr St. Stephen his Coach and Coachman for having the Bishop in it being so pelted with stones and hooted at with execrations and pressed upon by the eager and mad multitude that if the Lord Privie Seale his Footmen had not with their swords kept them off they in the Coach had been brought in danger of their lives having after long and continuall bickerings much adoe to recover their lodgings And now We desire all men to consider what blessing and successe from heaven may be expected upon this grand and important reformation of Religion as they call it the begetter and beginner whereof was the horrible profanation of the Lords owne day and that in the Lords owne Houses and Temples and all this attended with the contempt and treading under foot the sacred Authoritie and Lawes of Us the Lords Anointed as also with the violation of the persons of the Lords Priests and Prophets his Bishops and Ministers and all these practised by a base multitude disavowed and disclaimed at that time by all Magistrates and persons put in authoritie and all others of any ranke or qualitie who branded that multitude with the names of the scum and froth of the people and offered themselves to the uttermost of their diligence and assistance for the finding of them out and bringing them to highest and condigne punishment as shall presently appeare by the demeanour of the Magistrates when they were called before Our Councell for that purpose For the next day being the 24. of July 1637. Our Councell assembled and sent forth a Proclamation in detestation of the uproare and tumult the day before and discharged all concourses of people and tumultuous meetings in Edinburgh under paine of death at which time the Magistrates of Edinburgh being then present at Our Councell Table professed their utter abhorring and detesting of the last tumult and apprehended some suspected to be most forward in it and thereupon were commanded and ordered by an Act of Our Councell of the 26. of July to assemble the Councell of the Citie the next morning by eight of the clocke and then and there to resolve what course they thought fittest to be held for the finding out of the movers of and chiefe actors in the late seditious uproare and immediately after to report their diligence and resolutions herein Which report they accordingly made to Our Councell not onely with a detestation of that tumult and promises of their best diligence for finding out the authors and abettors of it but also with large proffers of their best assistance for the quiet and peaceable establishing and reading of the Service Booke in all their Churches But the Ministers of that Citie being loath to undertake the reading of it without some securitie given for the safetie of their persons the Lords of Our Councell by their Act of the 28. of July 1637. ordered the Provost Bailiffes and Councell of Edinburgh to advise amongst themselves concerning some obligatorie Act to be made by them for a reall performance of what they had undertaken and should further undertake for the peaceable exercise of the Service Book which they accorded unto and promised that since the former Readers in their severall Churches had refused to read the Booke if in the meane time the Ministers themselves would read it they would take order for their safetie and when new Readers should be provided they would take order both for their securitie and settled maintenance and allowance In pursuance whereof an obligatorie Act was drawne up by Our Advocate and read before Our Councell to the Magistrates of Edinburgh the sixt of August 1637. to which they humbly consented and on the tenth of the same moneth the said Act of indemnitie being exhibited before Our Councell was allowed by them and accordingly passed and entred in Our Councell booke as an Act of Councell And so now this late tumult in all appearance being settled and not onely fathered upon the scumme and dregges of the people but cryed downe by all men either of place or qualitie and by none more then by the Magistrates and Ministers of Edinburgh Our Councell not fearing any new outrage proceeded to these two things First to the exemplarie punishing of such of the heads of the late tumult as they should discover And next to the settling of the practice of the Service Booke and appointing a new day for renewing the exercise of it to which the Bishops Magistrates and Ministers of Edinburgh agreed And this their forwardnesse the Magistrates of that Citie were not onely contented to expresse before Our Councell both by their verball promises and protestations as also their obligatorie Act remaining upon record and registred in Our bookes of Councell but likewise by two particular Letters sent by them
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
and other places needfull and there by open Proclamation to make publication of the holding of the said Parliament and to warne all and sundry Noblemen Prelates and Commissioners for the Barons and Burrowes and all others having voice and place in the said Parliament that they and every one of them in their most decent and comely manner make their addresse to the said Parliament attend and await thereat during the time thereof and to discharge that duty which is incumbent to them and each one of them as they will answer on the contrary at their perill ANd last of all was published and proclaimed first the Act of the Lords of Our Councel for requiring all Our subjects to subscribe the said Confession of Faith and Band annexed which here followeth At Holy-rood-house the 24. day of September Anno 1638. THe which day a Noble Earle JAMES Marquesse of Hamiltoun Earle of Arran and Cambridge his Majesties Commissioner having produced and exhibit before the Lords of secret Councell upon the twenty second day of this instant a warrant signed by his Majestie of the date the ninth of September instant wherein among others of his Majesties gracious and royall expressions for preservation of the purity of Religion and due obedience to his Majesties authoritie in the maintenance thereof his Majestie did will and ordaine that the Lords themselves should sweare the Confession and generall Band mentioned in his Majesties said warrant and also should take such order as all his Majesties lieges may subscribe the same And the said Lords of secret Councell acknowledging his Majesties pious and gracious disposition and affection to the purity of Gods truth did upon the 22. day of September instant unanimously and with all humble hearty and sincere affection sweare and subscribe the confession of Faith dated the second of March 1580. according as it was then profest within this Kingdome Together with the foresaid generall Band dated in Anno 1589. And now to the effect that all his Majesties lieges may give the like obedience to his Majesties so pious desire therefore the said Lords have ordained and ordaines all his Majesties lieges of whatsoever estate degree or qualitie Ecclesiasticall or Civill to sweare and subscribe the said Confession dated the second of March 1580. and that according to the said date and tenour thereof and as it was then profest within this Kingdome Together with the said generall Band dated in Anno 1589. as they will answer at the contrarie upon their obedience And ordaines officers of Armes to passe to the market crosse of Edinburgh and make publication hereof and at all other places needfull wherethrough none pretend ignorance of the same ANd next after that was proclaimed the Commission of the Lords of Our Councell whereby they appointed and designed severall Commissioners for requiring and taking the subscriptions of Our subjects to the said Confession and Band annexed throughout the severall Shires within the Kingdome which here followeth At Holy-rood-house the 24. day of September Anno 1638. FOrsomuch as a noble Marquesse James Marquesse of Hamiltoun Earle of Arran and Cambridge his Majesties Commissioner and the Lords of Secret Councell by an act of the date of the twenty second of this instant have by speciall warrant of his sacred Majestie sworne and subscribed with all humble and heartie affection and unanimously the Confession of Faith dated the second of March 1580. and at length insert in the Bookes of Privie Councell of and according to the said date and tenour thereof and according as it was then profest within this kingdome Together with the generall Band insert therewith in the said bookes of Privie Councell dated in Anno 1589. Like as also the said Lords of Councell by their Act of the date of these presents acknowledging his Majesties pious and gracious disposition and affection to the puritie of Gods truth and as thereby they conceive themselves bound in conscience and humble dutie to use and follow forth all possible diligence for procuring the subscriptions of all his Majesties Lieges thereto And to this effect have thought fit that the care and diligence in procuring thereof be committed to some of his Majesties Councell and others of the Nobilitie and Gentrie within the severall Sheriffedomes and Provinces of the Kingdome in manner after specified Therefore the said Lord Commissioner and Lords of secret Councell give power warrant and commission to such of their number and others after-following within the bounds after specified viz. For the sheriffedome of Edinburgh principall William Earle of Lothiane Archibald Lord Naper S. John Dalmahoy of that ilke S. George Towers of Innerleith For the Burgh of Edinburgh the Provost and Baillies of Edinburgh that are or shall be for the time For East-lothiane Robert Earle of Roxburgh Lord privie Seale Thomas Earle of Hadintoun John Earle of Lauderdaill Harrie Lord Ker S. Patrick Murrey of Elibanke S. Patrick Hepburne of Wauchtoun and James Maxwel of Innerweik For the Stewartie of Dalkeith John Earle of Traquair Lord Treasurer William Earle of Dalhoussie and S. James Macgill of Cranstonriddell For the sheriffedome of Peebles and Ettrick forrest the said Lord Treasurer and John Lord Yester For the sheriffedome of Selkirke the said Lord Treasurer the Earle of Hadintoun S. William Scot of Harden and Generall Ruthven For the sheriffedome of Roxburgh the Lord Privie-seale the Earle of Lauderdaill the Lord Ker S. Andro Ker of Greenhead S. William Dowglas Sheriffe of Tiviotdaill and S. Thomas Ker of Cavers For the Sheriffedome of Bervick the said Lord Privie-Seale James Earle of Home the Earles of Hadintoun and Lauderdaill and Laird of Blacader For the sheriffedome of Fyffe John Earle of Rothes Charles Earle of Dumfermeline John Earle of Annandaill John Earle of Wemes Lord Fentoun John Lord Lindsey David Lord Balcarres S. Thomas Hope of Craighall Knight Baronet His Majesties Advocate S. Alexander Gibson of Durie Sir James Learmonth of Balcolmie and S. Andrew Murrey of Balvaird For the sheriffedome of Linlithgow Alexander Earle of Linlithgow James Lord Amont S. John Hammiltoun of Orbeston Justice clerk Dundas of that ilk and M. George Dundas of Manner For the sheriffedome of Lanerk John Earle of Wigtoune Archibald Lord Angus Lord Fleeming Robert Lord Dalyell S. William Elphinstoun chiefe Justice Sir James Carmichaell of that ilk Treasurer Depute the said Justice-clerke S. James Lokhart younger of Lee Francis Douglas of Sandelands Gawin Hamiltoun of Raploche S. James Hamiltoun of Broom-hill Robert Hamiltoun of Torrence and Alexander Hamiltoun of Hags sheriffe For the sheriffedome of Striveling John Earle of Mar William Earle of Airth John Earle of Montrose Alexander Earle of Linlithgow John Earle of Wigtoun John Lord Flemming Alexander Lord Elphinstoun James Lord Amont and S. William Murray of Polmais For the sheriffedome of Dumfreis William Earle of Queinsberrie Master of Dalyell the Laird of Lag William Maxwell of Kirkhouse and John Dalyell of Newtoun For the sheriffdome of Clackmannan the said Earle
John Smith or any other he pleaseth here that we may know his care and account of his undertaking You will pardon me for this trouble I put you to being for friends that will be verie sensible of it whereof none are more obliged and lesse able to acquite all your favours then Edinb Novemb. 8. 1638. Your loving Cousin to dispose of Balmerino I could wish our owne friends were as well bestowed neere one another as can be and if I cannot come there the next weeke I will send a servant BY these lines you may easily perceive both the insolent contempts used by these men towards Our Councel and the resolution which they had to keep the Assembly or to remove it at their pleasures But after they were once perswaded that Our Commissioner was resolved to hold the Assembly at the time and place appointed by Our Proclamation the time of it approaching they sent out from their Tables a second paper of publique instructions throughout all the parts of the Kingdome which were these THat all Noblemen subscribers of the Covenant except the Noblemen of the West who shall be ready upon advertisment meet at Edinburgh the 12. of November and stay there till they goe to Glasgow where they shall all meet on Saturday the 17. of November at the furthest That the full number of these who are appointed Commissioners by the severall shires to attend this common cause with foure Gentlemen within the bounds of every Presbyterie at the least out of the number of their Assessors without excluding any voluntaries That they come to Glasgow the 17. day of November to attend constantly the Assembly and give their advice in the common cause to the ruling Elders Commissioners to the Assembly out of these Shires and Presbyteries That the Burrowes appoint according to their quality and number two foure or six of most judicious men to come to Glasgow the 17. of November and there constantly to attend the Assembly and give their advice to their Commissioner in this common cause That the Fast be observed the fourth day of November universally with any other dayes they may conveniently and if any be repairing to the Assembly that they keepe the Fast where they shall bee for the time That now especially seeing ruling Elders from particular Congregations are received in Presbyteries that particular Congregations take such course that no Minister Commissioner be forced to be absent from the Assembly for want of necessarie charges That where any hath beene deceived or compelled to subscribe this new Covenant that the Ministers take their Declarations in writing or by act in the bookes of Session or before one witnesse that they were forced deceived or mistaken And that every Minister make known and intimate publikely to the people the printed protestation contayning the reasons against this new subscription and where the Minister refuseth that some well affected Gentleman doe it IN the first of these there is a meeting appointed of all the Commissioners first at Edinburgh then at Glasgow which was no doubt to agree upon the conclusions to bee made in the Assembly before the Assembly should assemble In the second and third you see a course taken That both from Presbyteries and Burrowes the severall Commissioners shall have numbers of Assistants without whose advice the Commissioners were to conclude nothing a thing never heard of before at any Assembly of that Church and by which multitude they meant to terrifie all those who in Glasgow should offer to oppose or speake against them In the fourth to the high contempt of Our Authoritie and Proclamation they appoint another day for the publique Fast then was by Us designed In the sixth they order that all these who had subscribed Our Covenant and Confession should bee presented as publique offenders These new instructions especially that Article which appointed so great troupes to repaire to Glasgow all which as Our Commissioner was informed meant to goe thither with Armes and in hostile equipage which is most severely prohibited by the Lawes of that Our Kingdome moved Our Commissioner and Councell by publique Proclamation at the Crosse of Edinburgh severely to interdict any Commissioner for the Assembly at Glasgow to travell thither or to continue there with more attendance then those of their owne family and ordinarie retinue and that they should carrie with them no other Armes but such as were allowed by the Lawes of that Kingdome under the paines and penalties contained in the said Lawes This Proclamation they onely answered with a Protestation yeelding no obedience to it for they travelled to Glasgow in great troupes carrying with them prohibited and warlike Armes It is easie now to be conceived that Our Commissioner could expect no good from this Assembly the preparations whereunto were so full of rebellion and tumult and the precedent elections of the members whereof had induced many legall unavoidable and undeniable nullities of it yet because Our people should clearely see the realitie of Our royall intentions and the Covenanters partie might understand how they had beene abused by the reports which their leaders had dispersed That We meant nothing lesse then to keepe this Assembly and principally that in that Assembly We might fully make good to all Our subjects whatsoever We had promised in Our last gracious declaration the heads of the Covenanters having mainly laboured with them that point viz. that We never meant to performe what therein We had promised Our Commissioner began his journie towards Glasgow and arrived there on the 17. day of November in a quiet and peaceable manner none of his traine carrying with them any prohibited armes There met him at Glasgow all Our Councell by Our direction according to a Letter which We had written unto them requiring them to assist him all the time of his being there with their best concurrence and counsell Our Letter to them here followeth RIght trusty and right wel-beloved Cousin and Councellour Right trusty and right wel-beloved Cousins and Councellours We greet you well As by your Letter Wee find how well you are satisfied with Our gracious pleasure expressed in Our late Proclamation and Declaration so We doe expect the continuance of your care by your best indevours to bring all Our good people to a true sense of Our Royall intentions and reall care of preferring and advancing the good and peace of that Church and Kingdome which hath alwayes been and still is one of Our chiefest cares We give you hearty thanks for your affection and paines in this service and doe approve of your course in subscribing of the Confession and band and order taken by you for publishing and requiring the like due and thankfull acceptance of Our gracious pleasure by all Our good subjects And seeing the time of the Assembly doth now approach We require you to attend diligently upon Our Commissioner untill the time appointed for the downe sitting of the said Assembly and further to the finall ending thereof
supplication be not admitted which we hope and earnestly pray may be graciously accepted then this our protestation may be of force against such Lawes and proceedings that may follow thereupon Thus hoping for your charitable construction of this our necessarie duty in so eminent a danger of the Church and humbly intreating these presents may be put upon Record We rest ANd when the Protestation of the Presbyterie of Glasgow which was a very strong one begun to bee read the Principall of the Colledge there desired the forbearance of it for a time to which the Moderatour gladly yeelded but Our Commissioner who had delivered it in with his owne hands pressed the reading of it out which the Moderatour refused alledging that any man might withdraw his owne Protestation much more desire the forbearance of reading of it to which Our Commissioner replyed That the Protestation was subscribed not onely by the hand of the Principall but the major part of the Ministers of that Presbyterie of whom many were Covenanters that in all their names it was presented unto him and therefore could not be re-called by any one of them without the consent of the rest praying him that it might bee read out to the end but all in vaine for no justice could be had from them especially in a point which so much concerned their reputation for they conceived it would bee a great blurre to their businesse if a Protestation made by that Presbyterie in which was the seat of the Assembly should bee knowne and therefore they would neither reade it nor did they deliver it backe againe against all rules both of justice and equitie After this contest the Assembly for that night was dismissed Our Commissioner wondring that the Principall of the Colledge should in publique desire the forbearance of publishing the Protestation of the Presbyterie of Glasgow in the Assembly used meanes to know the reason of it and found by the averment of persons of good credit upon their owne knowledge that the night before late at ten of the clocke the Lord Lowdan and the Moderatour with divers others Covenanting-Ministers had been with the Principall and told him that the Presbyteriall Protestation would make a great division amongst them that unlesse he did withdraw it hee must never looke to live quietly in Glasgow nor any where in Scotland that the Principall told them it was presented to Our Commissioner from whom it was not possible to recover it that then by the same threatnings they adjured him to desire the forbearance of reading of it if it should bee tendered to the Assembly that after they were parted from him his wife all in teares begged the like of him affirming that the Lord Lindsey had been with her and sworne to her that both he and his must be utterly ruined if shee could not prevaile with him for re-calling that Protestation This and many other passages heretofore mentioned banishing quite out of Our Commissioners mind and the minds of all Our well affected Councellours there present all hopes not onely of just and faire but even of formall proceedings in that Assembly where not so much as the shew and countenance of justice was to be discerned nor any thing but the power and obstinate wilfulnesse of the Covenanters and the unanswerable nullities of this Assembly in regard both of the members elected and the manner of their election being throughly considered and the reasons of the Bishops Declinator presented to Our Commissioner being seriously weighed by which they did not decline the judgement of a generall Assembly lawfully constituted but onely of this Assembly which was to bee accounted far rather a Laicall convention then Ecclesiasticall all the members whereof had barred themselves from being Judges by their solemn oath of combination for the rooting out of that Kingdome both the Bishops persons and callings to whose sentence We or Our Commissioner could not deliver them over without betraying all courses of justice and denying to Our Bishops that protection which cannot bee denied by Us to any of Our subjects viz. the benefit of the Lawes of that Our Church and Kingdome And besides Our Commissioner having certaine and unquestionable intelligence of the Covenanters unmoveable resolution that although the Assembly should be continued and all things which they desired even to their own wishes should be granted and effected yet that the quietnesse and peace of that Kingdome should be never a whit the more settled or established but that they were determined to chuse at this assembly certain Committees who under the name of Commissioners from the generall Assembly should keep up their Tables and bee chosen and continued from one Assembly to another and so hold on the same rebellious courses which they have held ever since the first erection of their Tables to the utter overthrow of Our royall Authoritie and the authoritie of the Lords of Our Councell and Lords of Our Session under Us and Our Commissioner well weighing Our instructions according to which hee was to carry himselfe in this Assembly if hee should find that these mischiefes and courses of injustice could not bee stopped resolved the next day according to Our speciall commandment in Our name and by Our authoritie to dissolve that Assembly whose aime was onely to robbe Us of Our Soveraigne power and to put it in the hands of their Commissioners According to which resolution Our Commissioner the next day being Wednesday the 28. of November went betimes in the morning to the Church and Our Councell having warning over night met him in the Chapter-house where they sate in consultation before they went to the Assembly He did then impart to them the resolution he had to dissolve the Assembly and did aske their advice for the manner of doing it after hearing each of their advice severally he was confirmed in his resolution The reason why Our Commissioner held the Councell in that place was because some of Our Councell who were present should have no time to communicate his resolution to the Covenanters nor to consult with them about the hindering it the Assembly being fully set before the Councell came out so that what had passed there could not be communicated to them The first thing propounded there by the Moderatour that day was this A day or two before there were brought into the Assembly three or foure great volumes by their new Clerke which he alledged were the Acts of the generall Assembly from the very first reformation of that Church which by the speciall providence of God and his own carefull industry had been recovered else they had been lost for ever to the invaluable losse of the puritie of the Religion and Discipline established amongst them for they had been throwne by for many yeeres untill he by some strange accident had light upon them after which speech of the Clerke the Moderatour had desired them to chuse a Committee to peruse these Bookes and to report to the Assembly whether
doe discharge and inhibit all and whatsoever pretended commissioners and other members of the said pretended assembly of all further meeting and conveening treating and concluding any thing belonging to the said assembly under the pain of treason declaring all and whatsoever that they shall happen to doe in any pretended meeting thereafter to be null of no strength force nor effect with all that may follow thereupon Prohibiting and discharging all our lieges to give obedience thereto and declaring them and every one of them free and exempt from the same and of all hazzard that may ensue for not obeying thereof And for this effect we command and charge all the foresaids pretended commissioners and other members of the said assembly to depart forth of this city of Glasgow within the space of xxiiii houres after the publication hereof and to repair home to their own houses or that they goe about their own private affaires in a quiet manner With speciall provision alwayes that the foresaid declaration given in under our Commissioners hand with all therein contained shall notwithstanding hereof stand full firm and sure to all our good subjects in all time coming for the full assurance to them of the true religion And our will is and we command and charge that incontinent these our letters seen ye passe and make publication hereof by open proclamation at the market crosse of Glasgow and other places needfull wherethrough none pretend ignorance of the same Given under our signet at Glasgow the 29. of November and of our reign the fourteenth year 1638. Sic Subscribitur HAMILTOUN Traquaire Roxburgh Murray Linlithgow Perth Kingorne Tullibardin Hadingtoun Galloway Annandaill Lauderdaill Kinnoull Dumfreis Southesk Belheaven Angus Dalyell J. Hay W. Elphinstoun Ja. Carmichael J. Hamiltoun THis Proclamation being very solemnly made with sound of Trumpets and by Harolds with coats of Our arms on their backs at the market Crosse of Glascow was received with a Protestation read in the same place by Iohnston the then Clerk of the Assembly assisted by the Lord Areskyn and divers others young Noblemen and Gentlemen The paper which Iohnston read was not as it seemeth that very Protestation which they printed for he read something out of a paper to that purpose and offered it by the name of a Protestation to him who read Our Proclamation which paper the Clarke of our Councell offering to receive Iohnston refused to deliver it saying He must stay untill it were written By which it is evident that they who at Glascow protested against Our Proclamation did protest and desired their Protestation to be received before it was penned as it is now printed and before they could so much as send to them in whose name it was made to know whether they would adhere to it or not But a Protestation against it they have since printed which here now we doe subjoyne that the reader may see how groundlesse and unwarrantable it is The Protestation of the generall Assembly of the Church of SCOTLAND c. Made in the high Kirk and at the Market Crosse of Glasgow Novemb. 28. and 29. An. 1638. WEE Commissioners from Presbyteries Burghes and Vniversities now conveened in a full and free Assembly of the Church of Scotland indicted by his Majestie and gathered together in the Name of the Lord Jesus Christ the only Head and Monarch of his own Church And we Noblemen Barons Gentlemen Ministers Burgesses and Commons Subscribers of the Confession of Faith Make it knowne that where We His Majesties loyall Subjects of all degrees considering and taking to heart the many and great innovations and corruptions lately by the Prelates and their adherents intruded into the doctrine worship and discipline of this Church which had been before in great purity to our unspeakable comfort established amongst us were moved to present many earnest desires and humble supplications to his sacred Majestie for granting a free generall Assemblie as the only legall and ready meane to try these innovations to purge out the corruptions and settle the order of the church for the good of Religion the honour of the King and the comfort and peace of the Kirk and Kingdome It pleased his gracious Majestie out of his Royall bountie to direct unto this Kingdome the Noble and Potent Lord James Marques of Hammiltoun with Commission to hear and redresse the just grievances of the good Subjects who by many petitions and frequent conferences being fully informed of the absolute necessity of a free generall Assemblie as the only Iudicatorie which had power to remedie those evils was pleased to undergoe the paines of a voyage to England for presenting the pittifull condition of our Church to to his sacred Majestie And the said Commissioner his Grace returned againe in August last with power to indict an Assemblie but with the condition of such prelimitations as did both destroy the freedome of an Assembly and could no wayes cure the present diseases of this Church which was made so clearly apparent to his Grace that for satisfying the reasonable desire of the Subjects groaning under the wearinesse and prejudices of longsome attendance He was againe pleased to undertake another journey to His Majestie and promised to indeavour to obtain a free Generall Assemblie without any prelimitation either of the constitution and members or matters to be treated or manner and order of proceeding so that if any question should arise concerning these particulars the same should be cognosced judged and determined by the Assembly as the onely Iudge competent And accordingly by warrant from our Sacred Soveraigne returned to this Kingdome and in September last caused indict a free Generall Assemblie to be holden at Glasgow the 21. of November instant to the unspeakable ioy of all good Subiects and Christian hearts who thereby did expect the perfect satisfaction of their long expectations and the finall remedie of their pressing grievances But these hopes were soone blasted for albeit the Assemblie did meet and begin at the appointed day and hath hitherto continued still assisted with His Graces personall presence yet His Grace hath never allowed any freedome to the Assemblie competent to it by the Word of God acts and practice of this Church and his Majesties Indiction but hath laboured to restraine the same by protesting against all the acts made therein and against the constitution thereof by such members as by all law reason and custome of this Church were ever admitted in our free Assemblies and by denying his approbation to the things proponed and concluded though most cleare customable and uncontraverted And now since his Grace after the presenting and reading of his owne commission from our sacred Soveraigne and after his seeing all our commissions from Presbyteries and Burghes produced and examined and the Assembly constitute of all the members by unanimous consent doth now to our greater griefe without any just cause or occasion offered by us unexpectedly depart and discharge any further meeting or proceeding in
this assemblie under the paine of treason and after seven dayes sitting declare all Acts made or hereafter to be made in this Assemblie to be of no force nor strength and that for such causes as are either expressed in his Maiesties former proclamations and so are answered in our former protestations or set downe in the declinatour and protestation presented in name of the Prelats which are fully cleared in our answer made thereto or else were long since proponed by the Commissioner his Grace in his eleven articles or demands sent unto us before the indiction of the Assembly and so were satisfied by our answers which his Grace acknowledged by promising after the recept thereof to procure a free generall Assembly with power to determine upon all questions anent the members manner and matters thereof all which for avoiding tediousnesse we here repeat Or otherwise the said causes alleadged by the Commissioner were proponed by His Grace in the Assemblie such as first that the â—ssemblie refused to reade the Declinatour and Protestation exhibited by the Prelats which neverthelesse was publickly read and considered by the assemblie immediately after the election of a Moderatour and constitution of the Members before the which there was no assemblie established to whom the same could have been read Next that ruling Elders were permitted to have voice in the election of commissioners from Presbyteries which was knowne to His Grace before the indiction and meeting of the assembly and is so agreeable to the acts and practice of this Church in violably observed before the late times of corruption that not one of the assembly doubted thereof to whom by the indiction and promise of a free assembly the determination of that question anent the members constituent propertie belonged And last that the voices of the six Assessors who did sit with His Grace were not asked and numbered which we could not conceive to be any just cause of offence since after 39. Nationall assemblies of this reformed church where neither the Kings Majestie nor any in his name was present at the humble and earnest desire of the assembly His Majestie graciously vouchsafed His presence either in His owne Royall Person or by a Commissioner not for voting or multiplying of voices but as Princes and Emperours of old in a Princely manner to countenance that meeting and to preside in it for externall order and if Wee had been honoured with His Majesties Personall presence His Majestie according to the practice of King James of blessed memorie would have onely given his owne Iudgement in voting of matters and would not have called others who had not been cloathed with commission from the church to carry things by pluralitie of voices Therefore in conscience of our duty to God and his truth the King and his honour the Church and her liberties this Kingdome and her peace this Assemblie and her freedome to our selves and our safety to our Posterity Persons and Estates We professe with sorrowfull and heavie but loyall hearts That We cannot dissolve this Assemblie for the reasons following 1. For the reasons already printed anent the necessity of conveening a Generall Assemblie which are now more strong in this case seeing the Assemblie was already indicted by his Majesties authority did conveene and is fully constitute in all the members thereof according to the Word of God and discipline of this church in the presence and audience of his Majesties Commissioner who hath really acknowledged the same by assisting therein seven dayes and exhibition of His Majesties Royall Declaration to be registrate in the Bookes of this Assemblie which accordingly is done 2. For the reasons contained in the former Protestations made in name of the Noblemen Barons Burgesses Ministers and Commons whereunto We doe now iudicially adhere as also unto the Confession of Faith covenant subscribed sworn by the Body of this Kingdome 3. Because as We are obliged by the application and explication subioyned necessarily to the Confession of Faith subscribed by Vs So the Kings Maiestie and his Commissioner and Privie Councell have urged many of this Kingdome to subscribe the Confession of Faith made in an 1580. and 1590. and so to returne to the doctrine and discipline of this Church as it was then professed But it is cleare by the doctrine and discipline of this Church contained in the book of Policie then registrate in the books of Assemblie subscribed by the Presbyteries of this Church That it was most unlawfull in it selfe and preiudiciall to these priviledges which Christ in his Word hath left to his Church to dissolve or breake up the Assemblie of this Church or to stop and stay their proceedings in constitution of Acts for the welfare of the Church or execution of discipline against offenders and so to make it appeare that Religion and Church-government should depend absolutely upon the pleasure of the Prince 4. Because there is no ground of pretence either by Act of Assemblie or Parliament or any preceding practice whereby the Kings Maiestie may lawfully dissolve the Generall Assemblie of the Church of Scotland far lesse His Maiesties Commissioner who by his commission hath power to indict and keep it secundùm legem praxim But upon the contrarie His Maiesties prerogative Royall is declared by Act of Parliament to be no wayes preiudiciall to the priviledges and liberties which God hath granted to the spirituall office-bearers and meetings of this Church which are most frequently ratified in Parliaments and especially in the last Parliament holden by His Maiestie himself which priviledges and liberties of the Church his Maiestie will never diminish or infringe being bound to maintain the same in integritie by solemn oath given at his Royal Coronation in this Kingdome 5. The Assemblies of this Church have still inioyed this freedome of uninterrupted sitting without or notwithstanding any contramand as is evident by all the Records thereof and in speciall by the generall Assembly holden in anno 1582. which being charged with letters of Horning by the Kings Majestie his Commissioner and Councell to stay their processe against Master Robert Montgomerie pretended Bishop of Glasgow or otherwise to dissolve and rise did notwithstanding shew their liberty and freedome by continuing and sitting still and without any stay going on in that processe against the said Master Robert to the finall end thereof And thereafter by letter to his Majestie did shew clearly how far his Majestie had been uninformed and upon misinformation prejudged the prerogative of Jesus Christ and the liberties of this Church and did inact and ordain that none should procure any such warrant or charge under the pain of excommunication 6. Because now to dissolve after so many supplications and complaints after so many reiterared promises after our long attendance and expectation after so many references of processes from Presbyteries after the publick indiction of the Assemblie and the solemn Fast appointed for the same after frequent Convention formall
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
bred distraction in the Church and State hath been graciously pleased to take the same into His royall consideration and for the quiet and peace of this countrey hath not onely dispensed with the practice of the saids articles but also discharged all and whatsoever persons from urging the practice thereof upon either laicke or ecclesiasticall person whatsoever and hath freed all His subjects from all censure and paines whether ecclesiasticall or secular for not urging practising or obeying them or any of them notwithstanding of any thing contained in the Acts of Parliament or generall Assembly in the contrary And his Maiesty is further contented that the Assembly take the same so farre to their consideration as to represent it to the next Parliament there to be ratified as the Estates shall finde fitting And because it hath been pretended that oaths have been administrate different from that which is set downe in the acts of Parliament his Maiesty is pleased to declare by me that no other oath shall be required of any Minister at his entry nor that which is set downe in the act of Parliament And that it may appeare how carefull his Maiesty is that no corruption nor innovation shall creepe into this Church neither yet any scandall vice or fault of any person whatsoever censurable or punishable by the Assembly goe along unpunished his Maiestie is content to declare by me and assure all His good people that generall Assemblies shall be kept so oft and al 's oft as the affaires of this Church shall require And that none of His good subiects may have cause of grievances against the proceedings of the Prelates his Maiesty is content that all and every one of the present Bishops and their successors shall bee answerable and accordingly from time to time censurable according to their merits by the generall Assembly And to give all his Majesties good people full assurance that Hee never intended to admit any alteration or change in the true Religion profest within this Kingdome and that they may be truely and fully satisfied of the reality of His intentions and integrity of the same his Majestie hath been pleased to require and command all His good subjects to subscribe the Confession of Faith and band for maintenance thereof and of his Majesties person and Authority formerly signed by His dear Father in ann 1580. and now also requireth all these of this present Assembly to subscribe the same And it is his Majesties will that this be insert and registrate in the books of Assembly as a testimony to posteritie not onely of the sincerity of His intentions to the said true Religion but also of His resolutions to maintain and defend the same and His subjects in the profession thereof Which declaration was by Our speciall command and direction given in and subscribed by Our Commissioner upon protestation made by him that his assenting to the registration hereof should be no approbation of the lawfulnesse of this Assembly nor of any of the acts or deeds done or to be done therein And finding them in like sort no wayes to be satisfied therewith and that nothing else was able to give them contentment except at their owne pleasure they were permitted to overthrow all Episcopall government in the Church and thereby to abrogate Our publike lawes standing in vigour by the space of many yeares by-gone and to alter the fundamentall government of this kingdom in taking away one of the three Estates contrary to expresse acts of Parliament And lest the continuance of their meetings might have produced other the like dangerous acts so derogatory to Royall authority We were forced for preveening thereof and for the reasons and causes above-mentioned and divers others importing true monarchicall government to dissolve and breake up the said pretended Assembly and to discharge them of all farther meeting treating and concluding any thing therein And yet in that calme and peaceable way as Our Commissioner before his removing desired their pretended Moderator for that time to have said prayer and so concluded that dayes session that so they might have had time to thinke upon the just reasons of his refusing to assist or be any longer present at the said pretended Assembly of the causes moving Us to the dissolving thereof and notwithstanding his earnest urging the same and being willing to returne the next morning to heare their answer in place of all other satisfaction to his so reasonable and moderate desires it was refused and met with a protestation of an high and extraordinary straine thereby presuming to cyte and call Our Councell in question for their dutifull assistance and obedience to Us and Our Commissioner And finding their disobedience thus to increase We were constrained to discharge them of new againe the next day thereafter by publike proclamation under the paine of treason And albeit that their contumacie is such as hath not been heard of in former times yet they shall never move Us to alter the least point or article of that We have already declared by proclamation or declaration under Our Commissioners hand All which was publikely read and by Our Commissioner required to be insert and registrate in the books of Assembly therein to remain as a testimonie to posterity not onely of the sinceritie of Our intentions to the true Religion but also of Our resolution to maintaine and defend the same and Our subjects in the profession thereof And perceiving likewise that in contempt of Our proclamation at Glasgow the 29. of November they goe still on to conveene meet and to make illegall and unwarrantable acts We have conceived it fitting to forewarne all Our good subjects of the danger that they may incurre by being insnared by these their unlawfull procedures And to this purpose doe not onely liberate and free them from all obedience to any of the pretended acts made or to be made at the said pretended assembly or Committees direct therefrom but do also free them from all pain and censure which the said pretended assembly shall inflict upon them or any of them And therefore doe discharge and prohibit all Our subjects that they nor none of them acknowledge nor give obedience to any pretended acts nor constitutions made or to bee made at the said pretended meetings under all highest paines And We command charge and inhibite all presbyteries sessions of Kirkes Ministers within this Realme that none of them presume nor take upon hand privately nor publikely in their sessions and meetings nor in their conferences sermons nor no other manner of way to authorize approve justifie or allow the said unlawfull meeting or assembly at Glasgow neither yet to make any Act thereupon nor to do any other thing private or publike which may seeme to countenance the said unlawfull Assemblie under the paine to bee repute holden and esteemed and pursued as guiltie of their unlawfull meeting and to bee punished therefore with all rigour And siclike Wee command all and
question to bee moved was exprest albeit now the Commissioner hath pretended the samine for the greatest causes of his rising and away going from the Assemblie the samine should be cognosced judged and determined by the Assemblie as the onely judge competent And accordingly by warrant from our sacred Soveraigne returned to this Kingdome and in September last caused indict a free generall Assemblie to bee holden at Glasgow the 21. of November last to the unspeakable joy of all good subjects and Christian hearts who thereby did expect the perfect satisfaction of their long expectations and the finall remedie of their pressing grievances But these hopes were soone blasted for albeit the Assemblie did meet and begin at the appointed day and for the space of seven dayes sitting was countenanced with his Graces personall presence yet his Grace did never allow any freedome to the Assemblie competent to it by the Word of God Acts and practice of this Kirk and his Majesties indiction but did labour to restraine the samine during the time of his abode there by protesting against all the Acts made therein and against the constitution thereof by such members as by all Law reason and custome of this Kirk were ever admitted as members constituents of our free Assemblies and by denying his approbation to the things proponed and concluded though most cleare customable and uncontroverted And further his Grace after the presenting and reading of his owne Commission from our sacred Soveraigne and after his seeing all our Commissions from Presbyteries Burghes and Universities produced and examined and the Assemblie constitute in all the members by unanimous consent did to our great griefe without any just cause or occasion offered by us unexpectedly depart and discharge any further meeting or proceeding in this Assemblie under the paine of treason and after seven dayes sitting declare all Acts made or thereafter to bee made in this Assemblie to bee of no force nor strength and that for such causes as were either then exprest verbally by his Grace or contained in a Proclamation made by his Grace at Glasgow without any warrant of an Act of Councell contrarie to the Law and custome of this Realme whereunto we answered by our Protestation of the 29. of November or otherwise for such reasons as his Grace thought meet to alledge which are since superadded in this late Proclamation now made at Edinburgh this 18. of December wherein for our greater surcharge of sorrow wee are heavily and wrongously blamed and taxed of many great offences And first for making Protestation against the Proclamation made at Edinburgh the 22. of September last whereas our reasons contained in that our Protestation are so forcible and just to demonstrate the necessity and lawfulnesse of our Act that wee judge all good men and Christians will be satisfied therewith whereanent we remit our selves to our Protestation printed and will not for shortnesse repeat the samine reasons here And where we are reproached and blamed in this new Proclamation for guarding and watching the Castle of Edinburgh and impeding to import ammunition or other necessaries to any of his Majesties houses an Act which is exaggerat to bee without an example in the Christian world seeing we denie that libertie to our Soveraigne which the meanest of us do assume to our selves For answer hereunto wee confidently affirme that wee are unjustly challenged of all the said points except for preveening dangers evidently threatned unto us by circumspect attendance about the Castle of Edinburgh which afterward we shall shew to be warrantably done For we declare that we have never made the least stop or hindrance to the importation of any ammunition victuall or thing whatsoever into any other of his Majesties houses or Castles Nor for carrying all necessarie sustentation into the Castle of Edinburgh Neither hath any of us fortified or provided any of our private houses for warlike defence so that all those are heavie and unjust imputations But wee confesse and grant that there being some provision and ammunition quietly imported into this Kingdome for furnishing the Castle of Edinburgh and intended secretly to have been put therein we have carefully preveened the samine by our diligent attendance And that for such reasons grounded upon equitie the Law of nature and municipall Lawes and Acts of Parliament of this Kingdome and the lowable example of our predecessours For the truth is that having petitioned his Majestie for redresse of our just grievances and a legall triall thereof before we received any answer thereunto all possible meanes were used to dissolve that union which was made amongst us for that good cause and to impede all our meetings from deliberating thereupon wherein the town of Edinburgh made a considerable part not onely as an important member of this conjunction but as a most commodious and ordinarie place of our meetings so that when all other meanes of perswasion had failed the meanes of terrour was not left unassaied And for that effect a great quantitie of ammunition was brought by sea from forraine parts to have beene clandestinly imported into the Castle of Edinburgh as no doubt it was intended seeing the samine was unloaded in the dead time of the night And we considering that in case the samine had bin imported into the castle with other provision and store formerly therein the samine might have bin used imploied for the overthrow of that place and tended to our great prejudice by with-drawing them upon that terrour and displacing us from our ordinarie meetings upon these reasons and considerations we preveened the samine by such a loyal way as cannot be offensive to Authoritie For the safetie of the publike is the end of all lawfull power and supreme Law And the adversaries of our Religion having formerly boasted by that provision so to furnish the Castle that it might beat down the town of Edinburgh and bar the supplicants from meeting therein we had just reason to hinder that fetter of slavery to be put upon the towne and that the Castle of Edinburgh which is amongst the first strengths of the land against forraine forces might bee turned as a speciall engine of constraint against the subjects to hinder their lawfull meetings or to force the towne of Edinburgh to separate from the rest of the supplicants Which great prejudice the Law of nature teacheth us to avoid And yet we have not proceeded therein without the warrant of the Acts of Parliament For first where there is any violent presumption of spoyling of the Countrey it is ordained that the Lievtenant raise the Countrey and passe to such Castles and fortalices where there is any unrulie men and take sovertie of the persons within these houses that the Countrey and all the Kings lieges bee unharmed and unskathed of the saids houses and of them who inhabits the samine from time forth And if any make difficultie to bee arrested and finde sovertie as
supreme Magistrate giving to God what is Gods and to Cesar what is Cesars whereby the soveraign Magistrate hath no prejudice but great benefit to know the extent of his power in matters Ecclesiasticall lest either he should come short of what is due to him or for want of true information incroach upon the liberties of Christs Kirk Whereby it is most evident that no indirect nor partiall courses nor dangerous propositions have beene used in the preparations and elections to this Assembly but such as are most legall peaceable ordinarie and warrantable In the next place the Proclamation charges our innocency for repairing to the Assembly with great troupes and bands of men boddin in fear of war and furnished with forbidden armes in contempt of a preceding Proclamation whereas the truth is that our going and repairing to Glasgow was in the most peaceable quiet and single way which might serve for our security and indemnity against sundry outlawes Clangregors and their followers who shortly before the meeting of the Assembly had done sundry outrages and committed many insolencies upon the Kings good Subjects in these Westerne parts both to private men whom by their number they might enforce and by exacting moneyes at publicke mercats neere Glasgow whereof many were advertised by their private friends from these places and to come thither prepared for eviting all affront or hazzard which they might incurre by that rascally multitude So that being firmely resolved of before to goe thither every one accompanied with his own ordinary private train we yet continued in that resolution and went thither in most sober and quiet way onely with this change that for preveening that hazzard we went not every man alone with his owne ordinary servants but some few together went in company which is not onely ordinary in going out the way but was most expedient at that time for avoiding the foresaid hazzard and prejudice which moved us all so to carry with us some offensive weapons wherewith not onely these rebels were provided but likewaies such who went to Glasgow with his Majesties Commissioners who upon that same necessity were likewaies provided with those prohibited weapons and yet their carriage nothing thought to deboird from the duty of good subjects Upon these reasons some of the supplicants being present in Edinburgh at the making of the said Proclamation 16. of November last did protest that it might be lawfull for them to carry weapons for their own defence and preservation against any such lawlesse invasion or violence as might threaten them and that they might incurre no prejudice by carrying such weapons as those who followed Councellours and many others did promising to carry themselves peaceably and irreproveably during the time of the Assembly which accordingly they have done and seeing our said carrying of weapons was for defence of our lives against the invasion of these barbarous sorners we are not censurable therefore by the act of Parlament prohibiting the saids weapons because we was repairing to or returning from the Assembly at command of his Majesties letters and authority which is in speciall words exprest in the act of Parliament Act 18. Parliam 1. James 6. which is thereafter ratified with the same provisions Act. 87. Parliam 6. James 6. and thereafter also ratified Act. 248. Parliam 15. James 6. like as by the 227. Act Parliam 14. James 6. all honest men and good subjects free-holders are authorized with a commission to take and apprehend the persons and goods of those sorners and thieves keep themselves in prison and execute them to the death And therefore farre more to carry weapons for resisting of their savage violence And where the formall and orderly proceeding of this Assembly is challenged in the Proclamation as peremptory for refusing voice to the six Assessors assumed to himself by the Commissioner and for not suffering the Declinator by the Bishops to be read before the electing of a Moderator We cannot conceive the same to be a just cause of offence because albeit according to our bound duty We deferre all humble respect to his gracious Majesties Commissioner and to the persons and places of the prime Noble-men and Councellours his Graces Assessors yet for preservation of the liberty of the Kirke of Jesus Christ We did in all humility remonstrate that his Majesties Commissioner and Assessors how many soever whose place is not to vote but to assist the Commissioner by their counsell for his orderly proceeding could have but onely one voice in the Assembly Since after thirty-nine nationall Assemblies of this reformed Kirke where neither the Kings Majesty nor any in His name were present at the humble and earnest desire of the Assembly his Majestie graciously vouchsafed His presence either in His own 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 proceed in it for externall order And if we had been honoured with his Majesties personall presence his Majesty according to the practice of King James of blessed memory would onely have given His own judgement in voting of matters and would not have called others who had not been cloathed with commission from the Kirke to carrie things by plurality of voices Which is also imported by his Graces Commission produced wherein hee is nominate sole Commissioner Like as also his Majesties Father never had Assessours voicing in lawfull Assemblies nor challenged the same to his Commissioners but onely of late dayes in these corrupt Assemblies which for undenyable reasons are declared to have beene null ab initio And as to the refusing of the reading of the Declinator and Protestation exhibite by the Prelates The same was publickly read and the first Act of the Assembly immediately after the election of a Moderator and constitution of the members before the which time there was no Assembly established to whom the same could have beene read or by whom it could be judged Like as we desired his Grace to bring in the Prelates themselves and we should both answer for their safety and give them a full audience And further whereas his Grace under his hand gave in his Majesties declaration mentioned in this Proclamation the same being considered by the Assembly gave them matter of great joy to finde his Majesties royall heart so farre enlarged towards them as willingly to untie some of those grievous bands wherewith they had beene fettered by the meanes of some who abused their own places and trust with his Majesty But the same was not found satisfactory nor sufficient for establishing of a legall security of the points therein mentionate nor yet for purging the corruptions and setling the peace of this Kirke as was promised whereof the Commissioner his Grace would not stay to be informed but did unexpectedly and suddenly remove to the great grief of the Assembly who thereby was necessitate to
sufficiently evinced that our proceedings are not contrary to the Lawes of the Kingdome or destructive of any lawfull third Estate and which part of the Proclamation doth close with an undeserved imputation to our loyalty bearing that for the like dangerous Acts so derogatory to Royall authority and for others reasons importing true Monarchicall government the Commissioner was forced to dissolve the Assembly but the same is so generally expressed that it appeares evidently to be done of plaine purpose to make us hatefull which we hope will not worke that end unlesse some speciall Act of disloyalty or malversation could bee specially condescended upon which undoubtedly had not beene omitted if it had been possible otherwaies that darke cloud of general termes cannot obfuscate the pure brightnesse of our sincere intentions unlesse our true representation of grievances and earnest humble pressing legall redresse thereof at his Majesties hands may deserve that aspersion in the eyes of these Councellours who thinke themselves obliged rather in absolute obedience then a dutifull representation to their Soveraigne of what is just and warrantable wherein wee appeale to all the world if either our proceedings or opinions bee any wayes derogatory to the true power of Monarchicall government or his Majesties authority which wee are obliged to defend with our lives and fortunes by our Covenant And where in the Proclamation in that part thereof anent the Commissioners discharge of the Assembly is insinuate some expression of his graces willingnesse to returne the next morning to the Assembly wee declare that wee were most sensible of the benefit of his Graces presence and received great contentment by that countenance of Royall authority in representation whereof we would never have deprived our selves if we had had the least signification of any such intention but the truth is that having called our selves to our best remembrances we heard no word or expression tending that way but by the contrary we did humbly require his Grace to give in the reasons of his discontentment in writ and to returne the next day againe at which time wee should give in sufficient answers thereto which might wipe away all his Graces objections and move him to continue his wished presence to that Assembly whereat hee had publickly professed he could no longer assist but this being refused and the Assembly discharged by him we were necessitate to protest both that day and the day following upon the Mercate Crosse of Glasgow and to shew that in conscience of our duty to God and his truth the King and his honour the Kirke and her liberties this Kingdome and her peace this Assembly and her freedome to our selves and our safety to our posterity persons and estates we could not dissolve the Assembly for the reasons following First for the reasons already printed anent the conveening a generall Assembly which are now more strong in this case seeing the Assembly was already indicted by his Majesties authority did conveen and is fully constitute in all the members thereof according to the word of God and discipline of this Kirke in presence and audience of his Majesties Commissioner who hath really acknowledged the same by assisting therein seven dayes and exhibition of his Majesties royall Declaration to be registrate in the books of this Assembly which accordingly was done Secondly for the reasons contained in the former Protestations made in name of the Noblemen Barons Burgesses Ministers and Commons wherunto we did then iudicially and doe now actually adhere as also unto the Confession of Faith and Covenant subscribed and sworn by the body of this Kingdome Thirdly because as we are obliged by the application and explication subioyned necessarily to the Confession of Faith subscribed by us so the Kings Maiestie and his Commissioner and privie Councell have urged many of this Kingdome to subscribe the Confession of Faith made in anno 1580. and 1590. And so to returne to the doctrine and discipline of this Kirke as it was then professed but it is cleare by the doctrine and discipline of this Kirk that it was most unlawfull in the selfe and preiudiciall to these priviledges which Christ in his word hath left to his Kirke to dissolve or breake up the Assembly of this Kirke or to stop and stay their proceedings in constitution of Acts for the well-farre of the Kirke or execution of discipline against offenders and so to make it appeare that Religion and Kirke government should depend absolutely upon the pleasure of the Prince Fourthly because there is no ground of pretence either by Act of Assembly or Parliament or any preceding practice whereby the Kings Maiesty may dissolve the generall Assembly of the Kirke of Scotland farre lesse his Maiesties Commissioner who by his commission hath power to indict and keepe it secundum legem praxim but upon the contrary his Maiesties prerogative Royall is declared by Act of Parliament to be no wayes prejudiciall to the priviledges and liberties which God hath granted to the spirituall office-bearers and meetings of this Kirke which are most frequently ratified in Parliaments and especially in the last Parliament holden by his Maiestie himselfe which priviledges and liberties of the Kirk his Maiestie will never diminish or infringe being bound to maintaine the same in integrity by solemne oath given at his Royall coronation in this Kingdome Fifthly the Assemblies of this Kirke have still enjoyed this freedome of uninterrupted sitting without or notstanding any contramand as is evident by all the records thereof and in speciall by the generall Assembly holden in anno 1582. which being charged with letters of Horning by the Kings Maiestie his Commissioner and Councell to stay their proces against M. Robert Montgomerie pretended Bishop of Glasgow Or otherwaies to dissolve and rise did notwithstanding shew their liberty and freedome by continuing and sitting still and without any stay going on in that proces against the said M. Robert to the finall end thereof and thereafter by letter to his Majestie did shew clearly how farre his Majesty had been mis-informed and upon mis-information prejudged the prerogative of Jesus Christ and the liberties of this Kirke and did enact and ordaine that none should procure any such warrant or charge under the paine of excommunication Sixthly because now to dissolve after so many supplications and complaints after so many reiterated promises after our long attendance and expectation after so many references of processes from Presbyteries after the publike indiction of the Assembly and the solemne Fast appointed for the same and after frequent convention and formall constitution of the Assembly in all the members thereof and seven daies sitting were by this Act to offend God contemne the subjects petitions deceive many of their conceived hopes of redresse of the calamities of the Kirke and Kingdome multiply the combustions of this Kirk and make every man despaire hereafter ever to see Religion established innovations removed the
subiects complaint respected or the offenders punished with consent of Authority and so by casting the Kirke and Estate loose and desolate would abandon both to ruine Seventhly it was most necessary to continue this Assembly for preveening the preiudices which might ensue upon the pretence of two Covenants whereas indeed there is but one that first subscribed in 1580. and 1590. being a nationall Covenant and oath to God which is lately renewed by us with that necessary explanation which the corruptions introduced since that time contrary to the same inforced which is also acknowledged in the Act of Councell in September last declaring the same to be subscribed as it was meaned the time of the first subscription and therefore for removing that shame and all prejudices which may follow upon the shew of two different Covenants and Confessions of Faith in one Nation the Assembly could not dissolve before it had tryed found and determined that both these Covenants are but one and the selfe same Covenant The latter renewed by us agreeing to the true genuine sense and meaning of the first as it was subscribed in anno 1580. And further in the said Proclamation the straine of our Protestation is taxed because we have thereby presumed to cite those of his Majesties Councell who have procured subscribed or ratified this Proclamation to bee responsall to his Majestie and three Estates of Parliament whereas the same cannot be justly quarrelled because it it is grounded upon the Law of the Kingdome and warranted by the act of Parliament therein cited 12. act Par. 2. James 4. which act is grounded upon good reason for it were strange to thinke that Councellours giving bad counsell to the evident prejudice and ruine of the Countrey and publick detriment of the good Subjects should not be countable therefore to his Majestie and his Estates and it is not without instance in our Lawes that perverse counsell hath beene given in misguiding the Kings and common good of this Realme Act 6. Par. 1. James 4. which is also acknowledged by the reduction of grants made by Kings to these perverse Councellours act 3. Par. 4. and act 5. Par. 1. James 4. The perversenesse of which misguiding counsell hath been assuredly the cause why in the next Parliament in the yeere immediately subsequent the Kings Councell was chosen in Parliament and sworne in presence of the King and three Estates and ordained to be responsall and accusable to the King and three Estates for their counsell Which cleareth that both evill counsell may bee given and that the Councell may be accused before the King and Parliament for malversation in their charge Like as his Maiestie in the Proclamation makes all persons lyable to the Parliament and generall Assembly and so giveth way to this previous cytation which may serve for a forewarning and intimation that they may bee accused if they bee guilty as wee know all are not and wish that none were All which heavie objections and imputations are premitted in the Proclamation to the conclusion and command thereof which resolveth into two heads the first discharging obedience to the acts of Assembly and liberating all who shall disobey from censure and promising Protection to the disobeyers and inhibiting all Presbyteries Sessions of Kirks Ministers within this Realme in their Sermons Sessions and meetings or any otherwaies to authorize approve or allow the Assembly at Glasgow or doe any deed which may countenance the same under paine to be punished with all rigour And commanding all who shall heare them to delate the same under paine of the like punishments likewaies straitly charging and commanding all Judges within this Realme Clerks and Writers not to grant or passe a bill summond or letters or any other execution whatsoever upon any act or deed proceeding from the said Assembly and all keepers of the Signet from Signeting thereof under all highest paine And the second head commanding all Subiects to subscribe and sweare the Confession commanded by his Majestie conforme to the sense and meaning of the declaration published by the Commissioner whereunto we need not here make any answer but remits the same to a speciall answer published in print made to that Declaration But for the first the same is so farre repugnant to the word of God practice of the primitive Kirke the Lawes Civill and Canonicall the custome of all Nations the constitutions of our generall Assemblies acts of Parliament practice of other judicatories within this Kingdome to the Confession of Faith and discipline of this Kirke as we cannot believe any such commandments to proceed from our gracious King but from the malice and mis-information of our adversaries the conscience of whose guiltinesse affrighteth them to undergoe their deserved censure which is cleare first That the same is contrary to the Law of God from that place of Scripture Mat. 18. wherein the Kirke is commanded absolutely to inflict censures 1. Cor. 5. wherein the Kirke did execute that commandment And the Kirks of Pergamus and Thyatira are reproved for not executing Ecclesiasticall censures against those who held the doctrine of Balaam or of Jezebel 2. Rev. So that the power of the keys in Ecclesiasticall censures is so intrinsecally and so essentially competent to the Kirk and generall Assembly jure divino as obedience to her decreets and executions thereof cannot be suspended far lesse taken away and discharged by humane authority more nor the power of preaching and administration of the Sacraments Secondly it is contrary to the practice of the Apostolike and Primitive Kirks whose constant practice was to execute the spirituall functions and censures and notwithstanding humane prohibitions to obey God rather then man Thirdly It is contrary to the civill Law si contra jus vel utilitatem publicam vel per mendacium fuerit aliquid postulatum vel impetratum ab Imperatore Et titulo de diversis rescriptis pragmaticis sanctionibus Fourthly the same is contrary to the Cannon Law decret decretal extravagan titulo de rescriptis Fifthly it is contrary to the universall custome in all Nations ordaining their Judicatories to doe justice notwithstanding their Princes prohibition as is cleare by Convarnvia in Spaine Pappon in France Suedwyne in Germanie c. upon the title de rescriptis aut constitutionibus principum Sixthly to the constitutions of generall Assemblies because in sundry generall Assemblies upon complaints made that the Kings Majestie and his Councell by their letters offered some stop to the Kirk from going on in her Ecclesiasticall censures especially by act of the generall Assembly conveened in the new Colledge of Sanctandrows 20. April 1582. it is ordained that none being received to any Ecclesiastical function office or benefice seek any way by the civill power to exeeme and withdraw themselves from the jurisdiction of the Kirk or procure obtain or use any letters or charges either by themselves or any other in their name or at their
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
and that the execution of this sentence be intimate in all the Kirkes within this Realme by the Pastours of every particular congregation as they wil be answerable to their Presbyteries and Synods or the next generall Assembly in case of negligence of the Presbyteries and Synods IN another houre they declared Episcopall government to be inconsistent with the lawes of that Church and Kingdome and so abolished it for ever though it did then and doth still stand confirmed by many Acts both of Parliaments and Assemblies they deprived the Ministers whose hands were at the Protestations against lay-Elders and elections made by them some Ministers they deprived for Arminianisme a course never heard of in any place where any rule of justice was observed that a Minister should be deprived for holding any tenet which is not against the doctrine of that Church wherein he liveth and that before it be prohibited and condemned by that Church Now there is nothing in the confession of that Church against these tenets At the Synod of Dort no man was censured for holding any doctrine against the conclusions of it before the Synod had determined against them nor was hee to bee censured for any thing he had preached or printed before that Synod did tender unto him their Canons to be subscribed But at Glasgow no such course was taken but Ministers were deprived without so much as ever being once asked the question whether they held any such opinion or if they did whether they would now recall their opinions and conforme their judgements to the judgement of the Assembly in these points Some of their Ministers being asked the question With what conscience or justice they could deprive their brethren for holding opinions not condemned by that Church who perhaps after their Church had condemned them out of their love to the peace of their Church would have forborne any further medling with them They returned this weake answer That these tenets were condemned by that Church under the generall name of Poperie But they could make no answer when it was told them That certainly these tenets could not be counted Popish concerning which or the chiefe of which as learned Papists as any in the World viz. the Dominicans and Jesuites did differ as much as the Protestants did and that those who doe adhere to the Augustan confession did hold that side of these tenets which the Arminians doe hold and yet they were very far from being Papists being the first Protestants and therefore it was against all sense to condemne that for Poperie which was held by many Protestant Churches and rejected by many learned Papists But all would not serve they would deprive Ministers for holding them before they themselves had condemned them In the deprivation of one of these Ministers there did fall out a memorable passage which was this The Moderatour of the Assembly after the sentence of a Ministers deprivation was pleased to move this learned question to the Assembly Whether if this deprived Minister should baptize a childe the childe must not be baptized againe But he was presently taken off by one of his brethren who it seemeth was much ashamed of such a question told him That they did never re-baptize those who had been baptized by Popish Priests and so all further talke of it was hushed What conclusions were to bee expected from an Assembly whose Moderatour was so grosly ignorant as to move such questions is easie to be conjectured And the weaknesse of their conclusions would easily appeare if all their severall Acts were printed but because the Reader shall be able to make some judgement of them We have here caused an Index of the titles of their Acts to bee inserted by which may be seen what they hold An Index of the principall Acts of the Assembly at Glasgow 1638. SUndry Protestations betwixt the Commissioner his Grace and the members of the Assemblie Master Archibald Johnstone his admission to be Clerk and his production of the Registers of the Church which were preserved by Gods wonderfull providence An Act disallowing any private conference and constant Assessors to the Moderator The Act ratifying the authenticknesse of the Registers with the reasons thereof The Act registrating his Majesties will given in by his Commissioner The Act bearing the Assemblies Protestation against the dissolution thereof The Act deposing Master David Michel Minister at Edinburgh The Act deposing Master Alex. Glaidstounes Minister at S. Andrews The Act annulling the six late Assemblies holden at Linlithgow 1606. and 1608. at Glasgow 1610. at Aberdene 1616. at Saint Andrewes 1617. at Perth 1618. with the reasons of the nullitie of everie one of them The Act declaring the nullitie of the oath exacted by Prelats of Intrants id est Such as are instituted to Benefices The Act deposing Master John Creichtone Minister at Paislay The Act condemning the Service Book The Act condemning the Book of Canons The Act condemning the Book of Ordination The Act condemning the High Commission The sentence of deposition and excommunication of the sometime pretended Bishops of Saint Andrewes Glasgow Rosse Galloway Brichen Edinburgh Dumblane Aberdene The sentence of deposition against the sometime pretended Bishops of Murray Isles Argyle Orknay Cathnes and Dunkell The large Act clearing the meaning of the Confession of Faith made Anno 1580. as abjuring and removing Episcopacie The Act declaring the five Articles to have beene abjured and to be removed Sentence of deposition against Master Thomas Forrester Sentence of deposition against Master William Ahannan Sentence of deposition against Master Robert Hammiltoun Minister at Glasford Sentence of deposition against Master Thomas Mackeney Act anent the Presbyterie of Auchterardours present seat at Aberuskene for the time Act restoring Presbyteries provinciall and generall Assemblies to their constitution of Ministers and Elders and their power and jurisdiction contained in the Book of policie Act erecting Presbyteries in Argyle Act referring to the Presbyteries the consideration of their meetings Act concerning the Visitation of particular Kirks Schooles and Colledges Act against non-Residents Act concerning the planting of Schooles in the Countrey Act concerning the power of Presbyteries admission of Ministers and choosing of their Moderators Reference to the Presbyteries anent the competencie of Parochioners and Presbyteries Act concerning the entrie and conversation of Ministers ratification of the Act 1598. Act of reference to Presbyteries concerning the defraying of the expences of the Commissioners Act of reference concerning repressing of Poperie and Superstition Act of reference to the Presbyteries concerning the more frequent celebration of the Lords Supper Act of reference concerning markets on Munday and Saturday within Burrowes Act against the profanation of the Sabbath for want of afternoones exercise Act against the frequenting the companie of excommunicate persons Act setting down the Roll of Provinciall Assemblies and some orders thereanent Act of reference against milnes and salt pans Act anent the order of receiving the repentance of any penitent