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 and was never rescinded expresly in totum but only in part by the ratification of the act of Glasgow Which now cannot be respected but falleth ex consequenti seeing that Assembly of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
Act. 99. Parl. 7. Act. 23. Parl. 11. Act. 114. Parl. 12. Act. 160. Parl. 13. K. James 6. ratified by Act. 4. K. Charles So that Act. 6. Parl. 1. and Act. 68. Parl. 6. of K. James 6. in the yeare of God 1579. declares the Ministers of the blessed Evangel whom God of his mercie had raised up or hereafter should raise agreeing with them that then lived in Doctrine and administration of the Sacraments and the people that professed Christ as he was then offered in the Evangel and doth communicate with the holy Sacraments as in the reformed kirkes of this Realme they were presently administrate according to the Confession of Faith to be the true and holy kirk of Christ Jesus within this Realme and decernes and declares all and sundrie who either gainsayes the VVord of the Evangel received and approved as the heads of the Confession of Faith professed in Parlament in the yeare of God 1560. specified also in the first Parlament of K. James 6. and ratified in this present Parlament more particularly do specifie or that refuses the administration of the holy Sacraments as they were then ministrated to be no members of the said kirk within this Realme and true Religion presently professed so long as they keepe themselves so divided from the societie of Christs bodie And the subsequent Act. 69. Parl. 6. K. James 6. declares That there is no other face of kirke nor other face of Religion then was presently at that time by the favour of God established within this Realme which therefore is ever stiled Gods true Religion Christs true Religion the true and Christian Religion and a perfect Religion Which by manifold Acts of Parlament all within this Realme are bound to professe to subscribe the articles thereof the Confession of Faith to recant all doctrine and errours repugnant to any of the said Articles Act. 4. and 9. Parl. 1. Act. 45.46.47 Parl. 3. Act. 71. Parl. 6. Act. 106. Parl. 7. Act. 24. Parl. 11. Act. 123. Parl. 12. Act. 194. and 197. Parl. 14. of K. James 6. And all Magistrates Sheriffes c. on the one part are ordained to search apprehend and punish all contraviners for instance Act. 5. Parl. 1. Act. 104. Parl. 7. Act. 25. Parl. 11. K. James 6. And that notwithstanding of the Kings Majestes licences on the contrary which are discharged and declared to be of no force in so farre as they tend in any wayes to the prejudice and hinder of the execution of the Acts of Parlament against Papists and adversaries of true Religion Act. 106. Par. 7. K. James 6. on the other part in the 47. Act. Parl. 3. K. James 6. it is declared and ordained seeing the cause of Gods true Religion and his Highnesse Authority are so joyned as the hurt of the one is common to both and that none shall be reputed as loyall and faithfull subjects to our Soveraigne Lord or his Authority but be punishable as rebellers and gainstanders of the same who shall not give their Confession and make their profession of the said true Religion and that they who after defection shall give the Confession of their faith of new they shall promise to continue therein in time comming to maintaine our Soveraigne Lords Authoritie and at the uttermost of their power to fortifie assist and maintaine the true Preachers and Professours of Christs Religion against whatsoever enemies and gainstanders of the same and namely against all such of whatsoever nation estate or degree they be of that have joyned and bound themselves or have assisted or assists to set forward and execute the cruell decrees of Trent contrary to the Preachers and true Professours of the Word of God which is repeated word by word in the Articles of Pacification at Pearth the 23 of February 1572. approved by Parlament the last of Aprill 1573. ratified in Parlament 1578. And related Act. 123. Parl. 12. of K. James 6. with this addition That they are bound to resist all treasonable uproares and hostilities raised against the true Religion the Kings Majestie the true Professors Like as all lieges are bound to maintain the K. Majesties Royal Person and authority the authority of Parlaments without the which neither any laws or lawful judicatories can be established Act. 130. Act. 131. Par. 8. K. Ja 6. the subjects liberties who ought only to live and be governed by the Kings lawes the common lawes of this Realm allanerly Act. 48. Parl. 3. K. James 1. Act. 79. Parl. 6. K. James 4 repeated in Act. 131. Parl. 8. K. James 6. VVhich if they be innovated or prejudged the Commission anent the union of the two kingdomes of Scotland and England which is the sole Act of the 17. Parl. of K. James 6. declares such confusion would ensue as this Realme could be no more a free Monarchie because by the fundamentall lawes ancient priviledges offices and liberties of this kingdome not onely the Princely authoritie of his Majesties royall discent hath bin these manie ages maintained but also the peoples securitie of their lands livings rights offices liberties dignities preserved and therefore for the preservation of the said true Religion Lawes and Liberties of this kingdome it is statute by Act. 8. Parl. 1. repeated in Act. 99. Parl. 7. ratified in Act. 23. Parl. 11. and 114. Act. of K. James 6. and 4. Act. of K. Charles That all kings and Princes at their Coronation and reception of their Princely authoritie shall make their faithfull promise by their solemn oath in the presence of the eternall God that enduring the whole time of their lives they shall serve the same eternall God to the uttermost of their power according as he hath required in his most holy VVord contained in the old and new Testaments And according to the same VVord shall maintain the true Religion of Christ Jesus the preaching of his holy VVord the due and right ministration of the Sacraments now received and preached within this Realme according to the Confession of Faith immediately preceding and shall abolish and gainstand all false Religion contrarie to the same and shall rule the people committed to their charge according to the will and command of God revealed in his foresaid VVord and according to the lowable lawes and constitutions received in this Realm no waies repugnant to the said will of the eternall God and shal procure to the uttermost of their power to the kirk of God and whole Christian people true and perfit peace in all time comming and that they shall be carefull to root out of their Empire all Hereticks and enemies to the true worship of God who shall be convicted by the true kirk of God of the foresaid crimes which was also observed by his Majesty at his Coronation in Edinburgh 1633. as may be seene in the order of the Coronation In obedience to the commandement of God conform to the practice of the godly in former times and according to the laudable example
people in the least point they having ordered that in most places of the Kingdome the day designed by Us for the Fast should not be observed certainly onely because it was commanded by Us as being unwilling that Wee whom they had given out to Our people for an Innovator in Religion and an Introducer of Poperie should be thought by them to have any care of so religious an exercise as a solemne Fast And how that in Edinburgh though the Magistrates by their earnest intreatie had procured the observation of it yet they could not obtaine it without putting a speciall affront upon authoritie by displacing of those Ministers who had continued in loyaltie and obedience to Us. But these were nothing to their other violences whereby they would have Our Commissioner take notice that it was impossible their proceedings at the Assemblie should bee pleasing unto Us For not onely in many of their Pulpits did they preach That whosoever subscribed Our Covenant were perjured and villaines but when some affirmed the contrarie and reproved the Preachers for such furious speeches after their Sermon was ended they were cited before their Presbyteries for so doing and threatned with excommunication Nay more then so there were few Ministers of the Kingdome not subscribers of their Covenant whom they did not presently processe and cite before their severall Presbyteries and notwithstanding their Appeales to the Generall Assemblie then approaching yet they would not shew so much patience but proceeded to present most illegall and unwarrantable suspending of them and other censures as best pleased them which being complained of to Our Commissioner and Councell could finde no redresse although they sent many times to the Covenanters requiring them to forbeare all such unjust proceedings and to referre the triall of these oppressed Ministers causes to the Generall Assemblie which was now at hand None were so insolent as the Presbyterie of Edinburgh for they presently put verie many of their Ministers under processe They begun with one Master David Michell Minister of Edinburgh Our Commissioner wrote earnestly to that Presbyterie to forbeare proceeding against him untill the Assemblie to the which hee had appealed and where his cause might have a full and faire triall which they not only most unjustly rejected but were so unmannerly as they did not vouchsafe to answer his Letter either by message or otherwise The next Presbyterie day he wrote to them againe to the same purpose but with the like successe for they proceeded without taking notice of his Letter or returning any answer to it although in that second Letter he had desired them either to delay their proceedings that day or else to send one or more of their number to him being then hard by at Our Palace at Holy-rood-house who might shew him some reason why they could not stay so long as untill the Assemblie which was now so neere approaching Our Commissioner wondring at this contempt by the advice of some of the principall Lords of Our Councell sent for an Officer of Our Councell and directed him to them with an ordinarie warrant drawne up in an ordinarie forme by the Clerk of Our Councell requiring them in Our name under paine of Our high displeasure and as they would answer the contrarie at their utmost perill to desist from any further proceeding in that cause untill the Generall Assemblie to which the Defendant had appealed and which was to begin within foureteene dayes This warrant was delivered unto them by the Officer of Our Councell in whose audience it was read and when hee required an answer to it hee received none but in highest contempt of Our Crowne Dignitie and Royall commandement and against all rules of Justice the Appellants appeale to the superiour Court of a Generall Assemblie legally depending for doctrines preached by him foure yeare since at least and the witnesses being all Lay-men who besides their no extraordinarie memorie for such a time as was laid were men of such meane and ordinary understanding as that it was improbable if not impossible that they should understand the doctrines wherewith he was charged and some of them being uncontroverted and such as are generally received by all Protestant Churches in the world they presently suspended him and discharged him from the place of his Ministerie and afterward to make their contempt the greater sent downe three of their number to tell Our Commissioner that they had done so who offered to shew him reasons for their so doing But Our Commissioner told them That since they were not pleased to shew him their reasons before their sentence as he required hee would not heare their reasons after their sentence as they desired But to let passe this and many more their such unjust proceedings against those Ministers which continued in Our obedience in all places of the Kingdome even when the Assemblie was readie to begin notwithstanding these Ministers legall appeales thereunto We shall desire the Reader to observe their proceedings in one processe which We are confident was framed and pursued with such malice injustice falshood and scandall not onely to the reformed Religion in particular but to the Christian Religion in generall as it cannot be paralleled by any president of injustice in precedent ages nor We hope shall ever be followed in future and which if it were known amongst Turks Pagans or Infidels would make them abhorre the Christian Religion if they did think it would either countenance or could consist with such abominable impietie and injustice It is their processe against all and everie one of the Archbishops and Bishops of that Kingdome The Covenanters did indeed first desire Our Commissioner in his owne name and as hee was Our Commissioner to grant out processe against the Archbishops and Bishops and thereby to cyte them to appeare as rei or guiltie persons To whom he returned this faire answer That he did not hold it fit to cyte them as guiltie of whose guiltinesse hee had no presumptions and besides that he would be loath to do an act which should void according to their grounds both the Prelats places and voices in the Assemblie they having laid it downe for a rule though it were a false one that parties cyted can have no suffrage there yet if either by the Law or practice of that Kingdome the Kings Commissioner or Commissioners did use to grant out any such processe hee would not refuse it being resolved to concurre with them in any course of Justice but he hoped that they would not make Us his master or himselfe do any act prejudiciall to the Bishops their place and government before they were heard and that in the meane time for their satisfaction he would advise with some of Our Judges and Our Advocate whether any such processe was awardable or had usually beene awarded by Our Royall Fathers Commissioners to the Generall Assemblie and according to their advice hee would doe that which should bee agreeable to Justice From this answer of
of attestation called God to witnesse to it It had like to have growne to a hot contestation but that that night the Assembly was dismissed The next day upon their first sitting down they urged presently the choice of a Moderatour but Our Commissioner desired first Our Letter to the Assembly to be read which was done and it was thus ALthough Wee be not ignorant that the best of Our actions have beene mistaken by many of Our subjects in that Our ancient Kingdome as if Wee had intended innovation in Religion or Lawes yet considering nothing to be more incumbent to the duty of a Christian King then the advancement of Gods glory and the true Religion forgetting what is past We have seriously taken to Our Princely consideration such particulars as may settle and establish the truth of Religion in that Our ancient Kingdome and also to satisfie all Our good people of the reality of Our intentions herein having indicted a free Generall Assembly to be kept at Glasgow the 21. of this instant Wee have likewise appointed Our Commissioner to attend the same from whom you are to expect Our pleasure in every thing and to whom Wee require you to give that true and due respect and obedience as if Wee were personally present Our selves And in full assurance of Our consent to what he shall in Our name promise We have signed these and wills the same for a testimonie to posterity to bee registred in the Bookes of the Assembly At White-Hall the 29. of October 1638. THen they called againe for the choice of a Moderator at which time one Doctor Hammilton presented to Our Commissioner a Declinator and Protestation in the name of the Bishops against the Assembly containing the nullities of it with a desire that it might be read and a publique Act entred for the production of it Upon this there arose a very great heat in the Assembly they alledging that nothing could be done untill a Moderator was chosen and they did directly refuse to reade the said Declinator upon which both Our Commissioner entred a Protestation in Our Clerke of Registers hands against the refusall of it and tooke instruments thereupon and so likewise did Doctor Hammilton in the name of the Bishops At last they proceeded to the choice of a Moderator to which before Our Commissioner gave way hee entred as before another Protestation that their Act of chusing should neither prejudice Our Prerogative and Authoritie nor any Law or Custome of that Church and Kingdome nor barre him when he should see cause from taking legall exceptions either against the person elected or the illegalitie of his election And so they having put divers other stales upon the List accordingly as it was resolved upon before at their Tables in Edinburgh without one contrarie voice except his owne who could not chuse himselfe one Master Alexander Henderson the prime and most rigid Covenanter in the Kingdome was chosen Moderator The third day Our Commissioner at their first meeting required againe that the Bishops Declinator and Protestation might be read which hee conceived they had promised after the Moderator should be chosen but they rejected it againe adding then that the Assembly must be fully constituted of all it members and bee once an Assembly before any thing could be presented to it To which it was answered by Our Commissioner That hee required it onely to be read not to be discussed untill the members of the Assembly were constituted by allowing of their severall Commissions because this Declinator contained reasons why either all or at least some elected should not be admitted Commissioners in the Assembly because of the nullities of the elections expressed in the Declinator which reasons containing the said nullities might perswade as they hoped with them for the rejecting their Commissions which could not bee done after their approving and allowing of them and so by vertue of these Commissions admitting them for constituted members of the Assembly The reason why Our Commissioner did so earnestly urge the reading of that Declinator was because he did fore-see the fallacie which they meant to use viz. The Declinator cannot be read before the Assembly bee constituted and they fearing that the Declinator contained reasons against the constitution of it by such members as were elected and that after they were once admitted it was too late to alledge any reasons for then they were sure to answer that all elections were discussed and the members of the Assembly received and therefore nothing then to bee heard against either which indeed afterward was their very answer There was nothing left here to Our Commissioner but entring a Protestation as formerly and solemnly calling themselves to witnesse whether with any shew of justice the reading of the Bishops Protestation could bee denied before the elections were admitted the principall aime of it being to shew reasons why they could not be admitted wondering with what colour or face they above all men could doe it who had read and published so many Protestations both against Our Proclamations and Acts of Our Councell and so how they could denie to Our Commissioner a thing required in Our name and by Our authoritie which they themselves had practised without any warrantie or authoritie at all But all in vaine for not the least resolution taken at Edinburgh must suffer any abatement and therefore rejecting the reading of the Declinator they first put by the Clerke of the Assembly his sonne who by reason of his fathers sicknesse had a lawfull deputation from him and whom as it seemeth they afterward wrought to a demission and went on to the election of a new Clerke whom without one contrarie voice they did chuse viz. one Master Archibald Johnston an Advocate the Clerke of their Tables at Edinburgh against whose election Our Commissioner likewise protested as formerly At his admission hee made a short speech declaring against his conscience his unwillingnesse to accept that charge but yet affirming that at this time hee would not bee wanting to contribute his part towards the defence of the prerogative of the Sonne of God as if that now had been in any danger The fourth day they begun the reading of the severall Commissions Our Commissioner as formerly entred a Protestation to take exception against their elections in his owne due time onely hee was content they should goe on that he might see their justice in allowing or disallowing the elections of which he knew many to be very untoward and made with violence Now the Reader is carefully to observe their partialitie in admitting or rejecting elections for wheresoever there was a Non-covenanter chosen of which number there were not above two or three or any moderate Covenanter not designed by them at Edinburgh and chosen according to their secret instructions with which the Reader shall afterward be made acquainted them they either quite rejected or suspended from voice untill some exceptions made against their election should bee discussed
of that employment by their places or such as are legally disabled to sit and decide in an Assemblie of the Church a meeting consisting of such members cannot be thought a free and lawfull Assemblie By that Act of Parliament Ja. 6. par 3. cap. 46. 1572. Everie Minister who shall pretend to be a Minister of Gods Word and Sacraments is bound to give his assent and subscription to the Articles of Religion contained in the Acts of our Soveraigne Lords Parliament and in presence of the Archbishop Superintendent or Commissioner of the Province give his oath for acknowledging and recognoscing of our Soveraigne Lord and his authoritie and bring a testimoniall in writing thereupon and openly upon some Sunday in time of Sermon or publike Prayers in the Kirk where hee ought to attend read both the testimoniall and Confession and of new make the said oath within a month after his admission under the paine that every person that shall not do as is above appointed shall ipso facto bee deprived and all his Ecclesiasticall promotions and living shall bee then vacant as if he were then naturally dead and that all inferiour persons under Prelats be called before the Archbishops Bishops Superintendents and Commissioners of the Dioceses or Province within which they dwell as the Act beares All of the Clergie conveened to this Assemblie pretend themselves to be Ministers of Gods Word and Sacraments and have benefices or other Ecclesiasticall livings yet neverthelesse the most part of them have never in presence of the Archbishop Bishop Superintendent or Commissioner of the Diocese or Province subscribed the Articles of Religion contained in the Acts of Parliament and given their oath for acknowledging and recognoscing our Soveraigne Lord and his authority and brought a testimoniall thereof and therefore they are ipso facto deprived and their places voyd as if they were naturally dead and consequently having no place nor function in the Church cannot be Commissioners to this Assembly hoc maximè attento that the said persons not onely have never given their oath for acknowledging his Majesties authority nor can shew no testimoniall thereupon as they are bound by the said Act but also having as subjects comprehended in the representative body of this Kingdome Promised to acknowledge obey maintain defend advance the life honour safety dignity soveraigne authority and prerogative Royall of his soveraigne Majesty his heires and successours and priviledges of his Highnesse Crowne with their lives lands and goods to the uttermost of their power constantly and faithfully to withstand all and whatsoever persons powers and estates who shall presume prease or intend any wise to impugne prejudge hurt or impaire the same and never to come in the contrary thereof directly or indirectly in any time comming as the Acts of Parliament Jacob. 6. Parl. 18. Cap. 1. Car. Parl. Cap. 1 doe proport And moreover being obliged at their admission to give their oath for performance of this duty of their allegeance and to testifie and declare on their conscience that the King is the lawfull supreme Governour as well in matters spirituall and Ecclesiasticall as temporall and to assist and defend all jurisdiction and authority belonging to his Majestie by the Act of Parl. 1612. yet notwithstanding of the said bands acts and promises whereby the said persons are so strictly bound to the performance of the premises his Majestie having ordained by Act of Councell at Holy-rood-house Septem 24. 1638. and proclamations following thereupon that all his Majesties lieges of whatsoever estate degree or quality Ecclesiasticall or Temporall should sweare and subscribe the said Confession together with a generall band for defending his Majesties person and authority against all enemies within this Realme or without have not onely refused to subscribe the said band and Confession but have in their Sermons and other speeches disswaded deterred impeded and hindred others of the lieges to subscribe the same and publickly protested against the subscription thereof and thereupon cannot conveen nor concurre lawfully to the making up of the body of an Assembly of the Kirk as being deprived and denuded of all place and function in the same A generall Assembly was condescended to out of his Majesties gracious clemencie and pious disposition as a Royall favour to those that so should acknowledge the same and acquiesce to his gracious pleasure and carry themselves peaceably as loyall and dutifull subjects which the Commissioners directed to this Assembly supposed to bee of the number of those that adhere to the last Protestation made at Edinburgh Sept. 1638. do not so account of and accept as appeares by the said Protestation whereby they protest That it shall bee lawfull for them as at other times so at this to assemble themselves notwithstanding any impediment or prorogation to the contray as also by continuing their meetings and Table discharged by authority refusing to subscribe the band according to his Majesties and Councels command for maintaining his Majesties Royall person and authority protesting against the same still insisting with the lieges to subscribe the band of mutuall defence against all persons whatsoever and remitting nothing of their former proceedings whereby his Majesties wrath was provoked thereby they are become in the same state and condition wherein they were before his Majesties Proclamation and pardon and so forfeit the favour of this Assembly and liberty to bee members thereof And others of his Majesties subjects may justly feare to meet with them in this convention for that by the Act of Parl. James 6. Parl. 15. cap. 31. Prelacies being declared to be one of the three Estates of this Kingdome and by the Act of Parl. James 6. Par. 8. cap. 130. all persons are discharged to impugne the dignity and authority of the three Estates or any of them in time comming under the paine of treason And whereas the King by his Proclamation declares Archbishops and Bishops to have voyce in the generall Assembly and calls them to the same for that effect as constantly they have been in use in all Assemblies where they were present as appeares by many Acts of the generall Assemblie ordaining them to keep and assist at the same as in the Assembly at Edinburgh Decemb. 15. 1566. At Edinburgh 6. March 1572. At Edinburgh May 10. 1586. and by a Letter written by the Assembly March 6. 1573. to the Regent earnestly desiring his owne or his Commissioners presence and the Lords of Councell and the Bishops at the Assembly They notwithstanding by the said Protestation Septemb. 22 declared Archbishops and Bishops to have no warrant for their office in this Kirk to be authorized with no lawfull Commission and to have no place nor voyce in this Assembly and withall doe arrogate to their meetings a soveraigne authority to determine of all questions and doubts that can arise contrary to the freedome of the Assembly whether in constitution and members or in the matters to be treated or in manner and order of
this assemblie under the paine of treason and after seven dayes sitting declare all Acts made or hereafter to be made in this Assemblie to be of no force nor strength and that for such causes as are either expressed in his Maiesties former proclamations and so are answered in our former protestations or set downe in the declinatour and protestation presented in name of the Prelats which are fully cleared in our answer made thereto or else were long since proponed by the Commissioner his Grace in his eleven articles or demands sent unto us before the indiction of the Assembly and so were satisfied by our answers which his Grace acknowledged by promising after the recept thereof to procure a free generall Assembly with power to determine upon all questions anent the members manner and matters thereof all which for avoiding tediousnesse we here repeat Or otherwise the said causes alleadged by the Commissioner were proponed by His Grace in the Assemblie such as first that the â—ssemblie refused to reade the Declinatour and Protestation exhibited by the Prelats which neverthelesse was publickly read and considered by the assemblie immediately after the election of a Moderatour and constitution of the Members before the which there was no assemblie established to whom the same could have been read Next that ruling Elders were permitted to have voice in the election of commissioners from Presbyteries which was knowne to His Grace before the indiction and meeting of the assembly and is so agreeable to the acts and practice of this Church in violably observed before the late times of corruption that not one of the assembly doubted thereof to whom by the indiction and promise of a free assembly the determination of that question anent the members constituent propertie belonged And last that the voices of the six Assessors who did sit with His Grace were not asked and numbered which we could not conceive to be any just cause of offence since after 39. Nationall assemblies of this reformed church where neither the Kings Majestie nor any in his name was present at the humble and earnest desire of the assembly His Majestie graciously vouchsafed His presence either in His owne Royall Person or by a Commissioner not for voting or multiplying of voices but as Princes and Emperours of old in a Princely manner to countenance that meeting and to preside in it for externall order and if Wee had been honoured with His Majesties Personall presence His Majestie according to the practice of King James of blessed memorie would have onely given his owne Iudgement in voting of matters and would not have called others who had not been cloathed with commission from the church to carry things by pluralitie of voices Therefore in conscience of our duty to God and his truth the King and his honour the Church and her liberties this Kingdome and her peace this Assemblie and her freedome to our selves and our safety to our Posterity Persons and Estates We professe with sorrowfull and heavie but loyall hearts That We cannot dissolve this Assemblie for the reasons following 1. For the reasons already printed anent the necessity of conveening a Generall Assemblie which are now more strong in this case seeing the Assemblie was already indicted by his Majesties authority did conveene and is fully constitute in all the members thereof according to the Word of God and discipline of this church in the presence and audience of his Majesties Commissioner who hath really acknowledged the same by assisting therein seven dayes and exhibition of His Majesties Royall Declaration to be registrate in the Bookes of this Assemblie which accordingly is done 2. For the reasons contained in the former Protestations made in name of the Noblemen Barons Burgesses Ministers and Commons whereunto We doe now iudicially adhere as also unto the Confession of Faith covenant subscribed sworn by the Body of this Kingdome 3. Because as We are obliged by the application and explication subioyned necessarily to the Confession of Faith subscribed by Vs So the Kings Maiestie and his Commissioner and Privie Councell have urged many of this Kingdome to subscribe the Confession of Faith made in an 1580. and 1590. and so to returne to the doctrine and discipline of this Church as it was then professed But it is cleare by the doctrine and discipline of this Church contained in the book of Policie then registrate in the books of Assemblie subscribed by the Presbyteries of this Church That it was most unlawfull in it selfe and preiudiciall to these priviledges which Christ in his Word hath left to his Church to dissolve or breake up the Assemblie of this Church or to stop and stay their proceedings in constitution of Acts for the welfare of the Church or execution of discipline against offenders and so to make it appeare that Religion and Church-government should depend absolutely upon the pleasure of the Prince 4. Because there is no ground of pretence either by Act of Assemblie or Parliament or any preceding practice whereby the Kings Maiestie may lawfully dissolve the Generall Assemblie of the Church of Scotland far lesse His Maiesties Commissioner who by his commission hath power to indict and keep it secundùm legem praxim But upon the contrarie His Maiesties prerogative Royall is declared by Act of Parliament to be no wayes preiudiciall to the priviledges and liberties which God hath granted to the spirituall office-bearers and meetings of this Church which are most frequently ratified in Parliaments and especially in the last Parliament holden by His Maiestie himself which priviledges and liberties of the Church his Maiestie will never diminish or infringe being bound to maintain the same in integritie by solemn oath given at his Royal Coronation in this Kingdome 5. The Assemblies of this Church have still inioyed this freedome of uninterrupted sitting without or notwithstanding any contramand as is evident by all the Records thereof and in speciall by the generall Assembly holden in anno 1582. which being charged with letters of Horning by the Kings Majestie his Commissioner and Councell to stay their processe against Master Robert Montgomerie pretended Bishop of Glasgow or otherwise to dissolve and rise did notwithstanding shew their liberty and freedome by continuing and sitting still and without any stay going on in that processe against the said Master Robert to the finall end thereof And thereafter by letter to his Majestie did shew clearly how far his Majestie had been uninformed and upon misinformation prejudged the prerogative of Jesus Christ and the liberties of this Church and did inact and ordain that none should procure any such warrant or charge under the pain of excommunication 6. Because now to dissolve after so many supplications and complaints after so many reiterared promises after our long attendance and expectation after so many references of processes from Presbyteries after the publick indiction of the Assemblie and the solemn Fast appointed for the same after frequent Convention formall
Law will they shall bee streinied thereto James 2. Parliament 2. Act 3. And therefore now seeing there is not onely violent presumption but great menacing from the adversaries of the truth and Countrey and their adherents of the breaking of the Countrey and harming of the samine and especially his Majesties lieges within Edinburgh by the extraordinarie provision of munition to the Castle of Edinburgh and that by the saids Bishops plots from his Majesties prime officers who in his Majesties absence should preveene that inconvenient by the ordinance of that Act Therefore upon their default the Countrey it selfe and the Kings lieges in whose favours the Act is made may provide for their owne safetie and keep themselves unharmed by that Castle or any inhabitants thereof and so preveen the importation of ammunition thereunto conforme to the said Act of Parliament Secondly as the Castle of Edinburgh and certaine other Castles and lands are the Kings undoubted annexed propertie so it is to bee considered for what cause they were annexed by whom annexed upon what condition and how to be disponed upon For the onely cause exprest in the annexation thereof 41. Act. James 2. Parliament 11. is that the povertie of the Crowne is oftimes the cause of the povertie of the Realme Which Act makes no mention that the King was annexer of the Castles and Lands to the Crowne but only that by the advice of the full Councell of the Parliament it was so statute and ordained And appoints that they may not bee disponed upon without advice deliverance and decreet of the whole Parliament for great seene and reasonable causes of the Realme So that being thus annexed to the Crowne by the Realme it selfe for avoyding an inconvenient to the Realme and being annexed with condition not to be disponed upon without the advice and decreet of the whole Parliament and for great seene and reasonable causes of the Realme justice and equitie will require that these Castles should not be made an instrument of the povertie and desolation of the capitall towne of the Realme and of the harme of the most considerable part of the bodie of the Realme there conveened for supplicating his Majestie and the Councell and preparing overtures to the future Parliament for redresse of our just grievances But now by this extraordinarie provision to the Castle being threatned with ruine and exterminion they may stop the misimploying of that benefit granted to the Realme eo animo ad hunc finem for the well of the Realme while the Parliament of the Kingdome give their humble advice to his Majestie thereanent Thirdly by the 9. Act. 9. Parl. James 6. it is acknowledged that the Castle of Edinburgh Dumbartane Stirling and Blaknesse are foure chiefe strengths of the Realme which ought to be safely kept to the Kings behove and wel-fare of the Realme And for keeping the Castle of Edinburgh there is assigned with consent of the Estates both money and victuall a great part whereof is forth of the thirds of benefices which thirds in December 1561. were decerned and ordained by Queene Marie with advice of her Councell and others of the Nobilitie then present to bee up taken and imployed for these two uses viz. Sustaining of Ministers and entertaining and setting forward the common and publike affaires of the Countrey and Common-wealth of the Realme which was also enacted Act 10. Parl. 1. James 6. and thereafter ratified Act 121. Parl. 12. James 6. Whereby it doth appeare that as the Castle is the Kings undeniable annexed propertie so it is also a strength of the Realme which should be safely kept to his Majesties behove and wel-fare of the Realme having for the keeping thereof rents assigned with consent of the three Estates of the Kingdom forth out of the thirds of benefices estimate by the Estates in eum usum for entertaining and setting forward the publike affaires of the Countrey and Common-wealth of the Realm And consequently the most loyall part of the body of the Realme hath maine interest to divert the converting of this strength to the weakning or ruine of the Realme or any member thereof threatned by this unusuall provision and openly denounced by our said enemies Fourthly by the 125. Act 7. Parl. James 6. it is acknowledged that the Kings Castles and strengths are the keyes of the Realme and the onely use of keyes is for keeping together in safetie and preservation and not for spartling dispersing or perdition So that the Realme and collective bodie thereof can hardly be disallowed for contributing their loyall endeavours to the good keeping of their owne keyes when contrarie to the right end these keyes are used against the Countrey and Realme whereof they should be and are the keyes of safetie as by the said Act is declared Fifthly by the same Act all violent detainers of the Kings Castles from him or constrainers of the Kings regents do redeeme his owne houses and all makers of any such bargaine merchandise or market of the Kings Castles are onely ordained to rander and deliver againe what they have received for reddition of the saids Castles and that the King shall have action for repetition thereof as necessarily given for the time and wrongously received for unlawfull causes And our proceedings being compared with the subject of that Act of Parliament cannot deserve so harsh constructions where the best part of the bodie of the Realme being constrained for indemnitie of their persons and goods do neither take nor detaine the Castle but onely with-hold importation first clandestinly intended and thereafter openly threatned of all kinde of warlike and invasive furniture which could bee usefull to no purpose but to the harm and annoyance of those who were conveened for the just occasions foresaids who deserve and expect approbation and thankes from his Majestie in his own due time for keeping his evill Counsellours and bad Patriots from putting hand in his best subjects Sixthly by the 25. Act 6. Parliament James 2. sundry points of treason are ennumerate And amongst the rest one is the assailing without consent of the Estates the Castles or places where the Kings person shall happen to bee And now the Kings person not being in this Castle but out of the Countrey and the best and most loyall part of his subiects both for number and fidelitie imploring his Maiesties authoritie for convocating the Estates to take order with these who presuming upon his Majesties absence are bold to give him sinistrous information and counsell these who do no wayes assaile the Castle but barrs these evill Patriots from putting in execution their damnable suggestions by their supercherie violence and terrifications from that Castle before the convention of Estates cannot in Law and equitie bee challenged in their carriage so necessarie to them in the interim while the Estates conveene in a Parliament which now his Majestie hath beene graciously pleased to proclaime Seventhly it is knowne by our Chronicles
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
command and instance to impaire hurt or stay the said jurisdiction discipline correction of manners or punishment of their offences enormities or to make any appellation from the general Assembly to stop the discipline and order of the Ecclesiasticall policie and jurisdiction granted by Gods Word to the office-bearers within the said Kirk under the paine of excommunication summarily without any processe or admonition to be pronounced by the judgement of the Eldership by the Minister or Ministers which shall be appointed by them how soon it is known that any of the saids heads are transgressed Likeas both the Kings Majestie and his Councell promised that none thereafter should have that cause to complaine as is manifest by the Act of Assembly at Montrose in July 1597. And in the Assembly holden at Saint Andrews 24. April 1582. being charged with Letters of Horning not to proceed against Master Robert Montgomrie the Assemblie did write to his Majestie that this discharge was extraordinary as a thing that was never heard nor seen since the world began and was directly against the word of God and Lawes of the Kingdome And yet notwithstanding of the said charge the Assembly did proceed and excommunicate the said Master Robert Further In the Assembly at Edinburgh the 27. of June 1582. Sess. 7. amongst the grievances presented by the Kirk to the King The first is That his Majestie by device of some Councellours is moved to take upon Him that spirituall power and authority which properly belongeth to Christ as only King and Head of his Kirk the Ministerie and execution whereof is only given to such as bear office in the Ecclesiasticall government of the same so that in his Majesties person some men prease to erect a Popedome as though his Majestie could not be full King and Head of this Common wealth unlesse alswell the spirituall as temporall sword be put in his Majesties hands unlesse Christ be rest of his authority and the two jurisdictions confounded which God hath divided which directly tends to the wrack and overthrow of all true Religion c. And in the Assembly holden at Edinburgh in Octob. 1582. Sess. 15. Summonds are direct by the generall Assembly against the Kings Advocate for drawing up the Kings Proclamation of that straine 7. The foresaid command is also contrary to the Acts of Parliament because as the Acts of Parliament appoint every matter for its owne Judicatorie and to all Judicatories their own freedome so much more doth this liberty belong to the nationall Assembly being the supreme Judicatorie Ecclesiastick of this Kirk and onely competent Judge in matters so important and so nearly concerning Gods honour and worship immediatly the salvation of the peoples soules the setling of the purity of Gods worship the purging away the corruptions thereof and right constitutions of the Kirk whose liberties and priviledges are confirmed Parl. 12. King James 6. and Parl. 1. King Charles Likeas by the 12. Par. 114. Act K. James 6. ann 1592. the libertie and discipline of the Kirk especially in her Presbyteries and Assemblies are fully and firmly ratified with declaration that the Act of the Kings Majesties prerogative Royall over all Estates and persons shall no wayes be prejudiciall to the priviledges which God hath given to the spirituall office-bearers in the Kirk concerning heads of Religion matters of heresie excommunication collation and deprivation of Ministers or any such like essentiall censures especially grounded and having warrant of the word of God with full power even to the particular Presbyteries to put order to all matters and causes Ecclesiasticall within their bounds according to the Discipline of the Kirk 8. The Lords of Councell and Session by Act 92. Parl. 6. King James 6. are ordained to proceed in all civill causes intended or depending before them or to be intended and to cause execute their Decrees notwithstanding any private writing charge or command from the Kings Maiestie or His Councell in the contrarie and by the 47. Act 11. Parl. King James 6. all licences and supersederees purchas'd from his Maiestie are discharged as contempt done to the Law as great hurt to the lieges and contrarie to iustice and declareth the same to bee null of the Law and not admissibly by any iudge nor effectuall to the purchaser any wayes and ordaineth all Judges within this Realme to proceed and do justice siclike and in the same manner as if the said supersederees and licences never had beene purchased nor produced Like as by the 106. Act Parl. King James 6. all licences granted by his Majestie to hinder the execution of Acts against Papists and other adversaries of the true Religion are discharged and declared to be of no force According to which it hath beene the ordinarie custome both in Civill and Ecclesiasticall Judicatories notwithstanding of privie warrants or prohibitions contrarie to Law which commonly are impetrate from his Majestie upon misinformation to proceed and minister justice 9. To discharge obedience to the Acts of the Assemblie stop the execution thereof protect and defend such as are delinquents and under the Kirks censure doth directly repugne to the large Confession of Faith of this Kirk Wherein cap. 19. the third mark of the true Kirk is affirmed to bee upright ministration of Ecclesiasticall Discipline as Gods word prescribes for establishing good order and repressing of vice and so no more can bee impeded nor justly taken from the Kirk then any of her other two marks viz. The right preaching of the word and ministration of the Sacrament And therefore in the Oath at the Kings Coronation he sweareth to maintaine this Confession and these three marks of the Kirke and particularly that hee shall be carefull to root out of his Empire all Hereticks and enemies to the worship of God that shall be convict by the true Kirk of God of the foresaids crimes 10. In the short Confession of Faith sworne 1580. and 1590. and renewed by the greatest and best part of this Kirk and Kingdome with an explication renewed also at his Maiesties command by his Councell all are bound to continue in obedience of the Doctrine and Discipline of the Kirke and defend the same according to their vocation and power So that seeing this generall Assemblie hath proceeded in their Constitution Acts and whole proceedings according to the Discipline of this Kirk of Scotland 1580. and 1590. contained in the second book of Discipline which in both these yeares were ordained to bee registrate and sworn to by all the Ministers of this Kirk as the Discipline thereof and wherein the Civill and Ecclesiasticall jurisdiction are so clearly distinguished in the 1. c. l. 2. as the power of the sword may no wayes stop or impede the power of the keyes and in the 7. c. the Eldership and Assemblies hath power to execute Ecclesiasticall punishment upon all transgressours and proud contemners of the Kirk and in the 10. c. the office of the Christian
of tythes of that Kingdome begun to take three things into Our serious consideration First the wretched estate of the Clergie for want of maintenance Next the hard usage and great oppression of all the Laitie that payed tythes from the owners of them Thirdly a very important point of State vizt That it was not fit that such a considerable part of Our subjects as all the Ministers who have power over the consciences of the rest and all the payers of tythes who are the farre greatest part of the Kingdome should have their dependance upon the Nobilitie or other Laicke Patrons the one for their livelihood and maintenance the other not onely for feare of having their cornes lost or endangered for not carrying them in due season which was by the law in the power of these owners of the tythes which power they were sure they would exercise upon them if they should at any time displease them or not adhere to them upon all occasions good or bad But likewise because these Lords owners of the tythes and also of Abbey lands were likewise for the most part superiours to those who payed them but were so altogether to those who held the Abbey lands of them by way of vassalidge and so by their verie tenures were to performe all service and attendance to these Lords their superiours whensoever they should require it of them Which important considerations moved Us by the advice of the learnedest Lawyers there to grant out a Commission under Our great Seale for that Kingdome not to a few but to divers hundreds and those of the prime of all estates and degrees out of which number the Lords of the Erections and Laicke Patrons were not omitted for relieving if they should see cause both the Ministers and owners of Corne as also for taking into their consideration the point of superioritie and dependance These Commissioners after their sitting in great frequencie some yeares and after full hearing of all parties interessed and mature deliberation did set a rate of the value of the tythes ordered that the owners of the grounds should severally purchase them at so manie yeares purchase as was then agreed upon by all both buyers and sellers taking the same course for the rating of superiorities in regard of the Abbey lands which was likewise accorded unto by all parties and ordered that every Ministers means should be augmented in such a certaine proportion set down and accorded unto as the Incumbent should not be inforced any more to be a slave to his Patron With the conclusions and determinations of this Commission called the Commission of Surrenders of Superiorities and Tythes the owners of lands and the Ministers were indeed so really satisfied that the former with all thankfulnesse acknowledged Us for their deliverer from an intolerable bondage under which they and their Ancestors ever since the reformation of Religion had grievously groaned The latter with infinite expressions of joy and gratitude did celebrate Us as the very father and founder of their severall Churches We gave Our Royall assent to all agreed upon in that Commission being glad that Our subjects were relieved the maintenance of Our Clergie improved and both Our Clergie and Laitie freed from a dangerous dependance upon subjects and for that freedome obliged to a thankfull heartie and loyall dependance upon Us to whom alone by all lawes of God and men it is due The Nobilitie and other Lay Patrons seemed herewith likewise fully to rest satisfied and so indeed they were in point of profit for according to the rates of purchasing in that Our Kingdome for their tythes they were satisfied to the uttermost farthing But they fretted privately amongst themselves for being robbed as they conceived of the clientele and dependance of the Clergie and Laitie and of that power command and superioritie over them which by that tye of tythes they had enjoyed Yet not being able to make Religion it selfe a faire pretence for this their discontent for who could imagine that everie man his gathering of his owne tythes or the augmentation of Ministers maintenance could be an affronting or weakening of Religion they had recourse to their former fetch and not without bewraying much heart-burning gave it out that this Commission which indeed was obtained by the humble importunitie both of Clergie and Laitie was procured onely by the Bishops who meant no good to Religion and so from an unnecessarie jealousie of their persons and power they begun to pretend and suborne a necessarie jealousie of Religion it selfe A third bewraying of their factious humour appeared clearely at Our last being in that Our Kingdome and immediately after Our departure from thence For some sixe yeeres agoe having a great desire to visite that Our native Kingdome and being willing to cheere and comfort Our subjects there with Our presence and honour them with Our personall Coronation all which they did most humbly and heartily sollicite Us for by their earnest and affectionate supplications We undertooke a journey to them and according to Our expectation were most joyfully received by them But immediatly before and at the sitting down of Our Parliament there Wee quickly found that the very same persons who since were the contrivers of and still continue the sticklers for their now pretended Covenant begun to have secret meetings and in their private consultations did vent their dislike of Our innocent Revocation and Our most beneficiall Commission of Surrenders But knowing that these two could gaine them no partie then they begun to suggest great feares that many and dangerous innovations of Religion were to be attempted in this present Parliament Not that they themselves thought so but because they knew that either that or nothing would soyle with suspicious jealousie or interrupt and relaxe the present joy and contentment which did overflowe in Our subjects hearts and appeared in their heartie expressions for Our presence amongst them But We readily confuted all these suspicious surmises for except an Act which gave Us power to appoint such vestures for Churchmen which We should hold to be most decent nothing concerning Religion was either propounded or passed in that Parliament but that which everie King doth usually in that and all other Christian Kingdomes passe at their first Parliament viz. An Act of ratification of all other Acts heretofore made and then standing in force concerning the Religion presently professed and established and concerning the Church her liberties and priviledges Which Act being an Act of course though it passed by most voices yet was it disassented from to Our great admiration by the voices of many of those who are now the principall pillars of their Covenant which made all men then begin to suspect that sure there was some great distemper of heat at the heart when it boyled so over at their lips by their unnecessarie and unprofitable denying of assent to the lawes concerning the Religion and Church already established This first Act passing more for
consciences will not suffer us to imbrace and practise this urged Service VVe have this long time past winked at some former alterations being put in hope that no further novations should follow But now we being oppressed with our just feares to see our selves deprived of that libertie in serving God which ever hath beene approved by Church and Kingdome In place whereof we are now like to be constrained to imbrace another which hath neither been agitated nor received either by generall Assemblie or Parliament In such extremitie we are most humbly to supplicate your Lordship to consider our present estate and that this businesse is a matter of so great weight and consequence as should not appeare to bee a needlesse noyse of simple women but it is the absolute desire of all our hearts for preservation of true Religion amongst us which is dearer to us then either estate or life And therefore we do humbly crave that as the rest of the Kingdome so we may have a time to advise and that your Lordship may find out some way whereby wee may be delivered from the feare of this and all other innovations of this kinde and have the happinesse to injoy the true Religion as it hath beene by the great mercie of God reformed in this land and authorised by his Majestie who may long and prosperously Reigne over us And your Lordships answer Their Petition to the Councell followes My Lords of Secret Councell UNto your Lordships humbly shews VVe Noblemen Barons Ministers Burgesses and Commons That whereas we were in humble and quiet manner attending a gracious answer of our former supplications against the Service Book imposed upon us and readie to shew the great inconveniences which upon the introduction thereof must ensue we are without any knowne desert farre by our expectation surprised and charged by publike Proclamation to depart out of the town within twentie foure houres thereafter under paine of Rebellion by which peremptorie and unusuall charge our feares of a more severe and strict course of proceeding are augmented and course of our supplication interrupted wherefore we are constrained out of the deep griefe of our hearts humbly to remonstrate that whereas the Arch-bishops and Bishops of this Realme being intrusted by his Majestie with the government of the affaires of the Church of Scotland have drawne up and set forth and caused to be drawne up and set forth and injoyned upon the subjects two Books In the one whereof called the Book of Common prayer not onely are sowne the seeds of divers Superstitions Idolatrie and false doctrine contrarie to the true Religion established within this Realme by divers Acts of Parliament But also the Service Booke of England is abused especially in the matter of Communion by additions subtractions interchanging of words and sentences falsifying of titles and misplacing of Collects to the disadvantage of Reformation as the Romish Masse is in the more substantiall points made up therein as we offer to instruct in time and place convenient quite contrarie unto and for reversing the gracious intention of the blessed Reformers of Religion in England In the other book called Canons and Constitutions for the government of the Church of Scotland they have ordained That whosoever shall affirme that the forme of worship inserted in the Booke of Common Prayer and Administration of the Sacraments whereof heretofore and now we most justly complaine doth containe any thing repugnant to the Scriptures or are corrupt superstitious or unlawfull in the service and worship of God shall be excommunicated and not be restored but by the Bishop of the place or Archbishop of the Province after his repentance and publicke revocation of this his wicked errour Besides one hundred Canons moe many of them tending to the reviving and fostering of abolished superstitions and errours and to the overthrow of our Church Discipline established by Acts of Parliament opening a doore for what further invention of Religion they please to make and stopping the way which Law before did allow unto us for suppressing of errour and superstition And ordaining That where in any of the Canons there is no penalty expresly set down the punishment shall be arbitrary as the Bishop shall think fittest All which Canons were never seen nor allowed in any Generall Assembly but are imposed contrary to order of law appointed in this Realm for establishing Constitutions Ecclesiasticall unto which two books the foresaid Prelates have under trust procured his Majesties Royall hand and Letters Patents for pressing the same upon his loyall subjects and are the Contrivers and Devisers of the same as doth clearly appear by the Frontispice of the Book of Common Prayer and have begun to urge the acceptance of the same not onely by injunctions given in Provinciall Assemblies but also by open Proclamation and charge of Horning whereby we are driven in such straites as we must either by Processe of Excommunication and Horning suffer the ruine of our estates and fortunes or else by breach of our Covenant with God and forsaking the way of true Religion fall under the wrath of God which unto us is more grievous then death VVherefore we being perswaded that these their proceedings are contrary to our gracious Soveraign hispious intention who out of his zeale and Princely care of the preservation of true Religion established in this his ancient Kingdome hath ratified the same in his Highnesse Parliament 1633 And so his Majestie to be highly wronged by the said Prelates who have so farre abused their credit with so good a King as thus to insnare his subjects rend our Church undermine Religion in Doctrine Sacraments and Discipline move discontent between the King and his subjects and discord between subject and subject contrary to severall Acts of Parliament VVe out of bound duty to God our King and native Countrey complain of the foresaid Prelates humbly craving that this matter may be put to tryall and these our parties taken order with according to the lawes of the Realm And that they be not suffered to sit any more as Judges untill the cause be tryed and decided according to Justice And if this shall seeme to bee to you a matter of higher importance then you will condescend unto before his Majesty bee acquainted therewith Then wee humbly supplicate that this our grievance and complaint may be fully represented to his Majestie That from the influence of his Gracious Soveraigntie and Justice these wrongs may bee redressed and wee have the happinesse to injoy the Religion as it hath beene reformed in this Land IN this Petition it is worthy the observing that they complaine of the mangling of the English Service Booke and of the abuses offered unto it and the wronging of the intentions of the blessed Reformers of Religion here in this Kingdome whereas in their Sermons and ordinarie discourse they doe usually inveigh against the Service Booke here for being stuffed with Superstition and Poperie and that the first Reformers
of advice and Councell for ordering the affaires of the Kingdome without Our authoritie and in contempt of Us and Our Councell established by Us there and by entring into a Covenant and most wicked Band and combination against all that shall oppose them not excepting Our owne Person directly against the law of God the law of Nations and the municipall lawes of that Our Kingdome So that after this their Protestation they perfected that which they had before begun confusedly and as it were in a ruder draught For then contrarie to Our expresse commandement and authoritie expressed in Our last Proclamations and repeated unto them by Our Councell they did erect a great number of Tables as they called them in Edinburgh Foure principall One of the Nobilitie another of the Gentrie a third of the Burroughes a fourth of Ministers and the Gentrie had manie subordinate Tables according to their severall Shires These severall Tables did consult of what they thought fit to bee propounded at the generall Table which consisteth of severall Commissioners chosen from the other foure Tables and what they of the generall Table resolved on was to be put in practice with a blinde and Jesuiticall obedience A rare and unheard forme of Government in a Kingdome whose Government ever was Monarchicall and which they themselves still say continueth to be so Sure these meetings by wise men have been accounted rather Stables of unruly horses broken loose and pulling downe all they can reach then Tables for the consultations of wise and rationall men Now the first dung which from these Stables was throwne upon the face of Authoritie and Government was that lewd Covenant and seditious Band annexed unto it which We here subjoine because We are confident that by the verie recitall and perusall of it every religious and wise man may run and read that sentence of condemnation which it carrieth in its owne front THE CONFESSION OF FAITH OF THE KIRK OF SCOTLAND SUBSCRIBED By the Kings Majestie and his Houshold in the yeare of God 1580. WITH A Designation of such Acts of Parliament as are expedient for justifying the union after mentioned And Subscribed by the Nobles Barons Gentlemen Burgesses Ministers and Commons in the yeare of God 1638. JOSH. 24.25 So Joshua made a Covenant with the people the same day and gave them an Ordinance and Law in Sichem 2 KING 11.17 And Jehoiada made a Covenant between the Lord and the King and the people that they should be the Lords people likewise betweene the King and the people ISAIA 44.5 One shall say I am the Lord another shall be called by the name of Jacob and another shall subscribe with his hand unto the Lord c. The Kings Majesties Charge to all Commissioners and Ministers within this Realme in the yeare of God 1580. SEeing that VVe and Our Houshold have Subscribed and given this publike Confession of Our Faith to the good example of Our subjects VVe command and charge all Commissioners and Ministers to crave the same Confession of their Parochianars and proceed against the refusers according to Our Lawes and Order of the Kirk delivering their names and lawfull processe to the Ministers of Our House with all haste and diligence under the paine of fourtie pound to be taken from their stipend that VVe with the advice of Our Councell may take order with such proud contemners of God and Our Lawes Subscribed with Our Hand at Haly-rud-house 1580. the 2. day of March the 14. yeare of Our Reigne The Confession of Faith of the Kirke of SCOTLAND The confession of Faith subscribed at first by the Kings Majesty and His Houshold in the yeere of God 1580. Thereafter by Persons of all rankes in the yeere 1581. by ordinance of the Lords of the Secret Councell and Acts of the Generall Assembly Subscribed againe by all sorts of Persons in the yeere 1590. by a new Ordinance of Councell at the desire of the Generall Assembly With a generall Band for maintenance of the true Religion and the Kings Person And now subscribed in the yeere 1638. by us Noblemen Barons Gentlemen Burgesses Ministers and Commons under subscribing Together with our resolution and promises for the causes after specified To maintaine the said true Religion and the Kings Majestie according to the Confession foresaid and Acts of Parliament The Tenor whereof here followeth WEe All and every one of us underwritten Protest That after long and due examination of our owne Consciences in matters of true and false Religion are now throughly resolved of the Truth by the Word and Spirit of God and therefore we beleeve with our hearts confesse with our mouths subscribe with our hands and constantly affirme before God and the whole World that this only is the true Christian Faith and Religion pleasing God and bringing Salvation to man which now is by the mercy of God revealed to the world by the preaching of the blessed Evangel And received beleeved and defended by many and sundry notable Kirks and Realmes but chiefly by the Kirk of Scotland the Kings Majestie and three Estates of this Realm as Gods eternall Truth and onely ground of our Salvation as more particularly is expressed in the Confession of our Faith stablished and publikely confirmed by sundry Acts of Parliaments and now of a long time hath been openly professed by the Kings Majestie and whole body of this Realme both in Burgh and Land To the which Confession and forme of Religion wee willingly agree in our consciences in all points as unto Gods undoubted Truth and Verity grounded onely upon his written Word And therefore Wee abhorre and detest all contrarie Religion and Doctrine But chiefly all kinde of Papistrie in generall and particular heads even as they are now damned and confuted by the Word of God and Kirk of Scotland but in speciall we detest and refuse the usurped authoritie of that Roman Antichrist upon the Scriptures of God upon the Kirk the civill Magistrate and Consciences of men All his tyrannous lawes made upon indifferent things against our Christian libertie His erroneous Doctrine against the sufficiencie of the written VVord the perfection of the Law the office of Christ and his blessed Evangel His corrupted Doctrine concerning originall sinne our naturall inabilitie and rebellion to Gods Law our justification by faith onely our imperfect sanctification and obedience to the Law the nature number and use of the holy Sacraments His five bastard Sacraments with all his Rites Ceremonies and false Doctrine added to the ministration of the true Sacraments without the VVord of God His cruell judgement against Infants departing without the Sacrament his absolute necessitie of Baptisme his blasphemous opinion of Transubstantiation or reall presence of Christs body in the Elements and receiving of the same by the wicked or bodies of men His dispensations with solemn oaths perjuries and degrees of Marriage forbidden in the VVord his crueltie against the innocent divorced his divellish Masse his blasphemous Priesthood
his profane Sacrifice for the sins of the dead and the quick his Canonization of men calling upon Angels or Saints departed worshipping of Imagerie Relicks and Crosses dedicating of Kirks Altars Daies Vowes to creatures his Purgatorie praiers for the dead praying or speaking in a strange language with his Processions and blasphemous Letanie and multitude of Advocates or Mediators his manifold Orders Auricular Confession his desperate and uncertaine repentance his generall and doubtsome faith his satisfactions of men for their sins his justification by works opus operatum works of supererogation Merits Pardons Peregrinations and Stations his holy VVater baptising of Bels conjuring of Spirits crossing saning anointing conjuring hallowing of Gods good creatures with the superstitious opinion joined therewith his worldly Monarchy and wicked Hierarchie his three solemne vowes with all his shavelings of sundry sorts his erroneous and bloudie decrees made at Trent with all the subscribers and approvers of that cruell and bloudie Band conjured against the Kirk of God and finally we detest all his vain Allegories Rites Signs and Traditions brought in the Kirk without or against the VVord of God and Doctrine of this true reformed Kirk to the which we joyne our selves willingly in Doctrine Faith Religion Discipline and use of the Holy Sacraments as lively members of the same in Christ our Head promising and swearing by the Great Name of the Lord our GOD that we shall continue in the obedience of the Doctrine and Discipline of this Kirk and shall defend the same according to our vocation and power all the dayes of our lives under the paines contained in the Law and danger both of body and soule in the day of Gods fearfull Judgement and seeing that many are stirred up by Satan and that Romane Antichrist to promise sweare subscribe and for a time use the Holy Sacraments in the Kirk deceitfully against their owne consciences minding thereby first under the externall cloake of Religion to corrupt and subvert secretly Gods true Religion within the Kirk and afterward when time may serve to become open enemies and persecuters of the same under vaine hope of the Popes dispensation devised against the Word of God to his greater confusion and their double condemnation in the day of the LORD JESUS We therefore willing to take away all suspition of hypocrisie and of such double dealing with God and his Kirk Protest and call The Searcher of all hearts for witnesse that our minds and hearts do fully agree with this our Confession Promise Oath and Subscription so that we are not moved for any worldly respect but are perswaded only in our Consciences through the knowledge and love of Gods true Religion printed in our hearts by the holy Spirit as we shall answer to Him in the day when the secrets of all hearts shall be disclosed And because we perceive that the quietnesse and stability of our Religion and Kirk doth depend upon the safety and good behaviour of the Kings Majestie as upon a comfortable instrument of Gods mercy granted to this Countrey for the maintaining of His Kirk and ministration of Justice amongst us wee protest and promise with our hearts under the same Oath Hand-writ and paines that wee shall defend His Person and Authority with our goods bodies and lives in the defence of Christ his Evangel Liberties of our Countrey ministration of Justice and punishment of iniquity against all enemies within this Realme or without as we desire our God to be a strong and mercifull Defender to us in the day of our death and comming of our Lord Jesus Christ To whom with the Father and the Holy Spirit be all honour and glorie eternally LIke as many Acts of Parliament not onely in generall doe abrogate annull and rescind all Lawes Statutes Acts Constitutions Canons civill or Municipall with all other Ordinances and practicke penalties whatsoever made in prejudice of the true Religion and Professours thereof Or of the true Kirk discipline jurisdiction and freedome thereof Or in favours of Idolatrie and superstition Or of the Papisticall Kirk As Act. 3. Act. 31. Parl. 1 Act. 23. Parl. 11. Act. 114. Parl. 12. of King James the sixt That Papistrie and Superstition may be utterly suppressed according to the intention of the Acts of Parlament reported in Act. 5. Parl. 20. K. James 6. And to that end they ordaine all Papists and Priests to be punished by manifold Civill and Ecclesiasticall paines as adversaries to Gods true Religion preached and by law established within this Realme Act. 24. Parl. 11. K. James 6. as common enemies to all Christian government Act. 18. Parl. 16. K. James 6. as rebellers and gainstanders of our Soveraigne Lords authoritie Act. 47. Parl. 3. K. James 6. and as Idolaters Act. 104. Parl. 7. K. James 6. but also in particular by and attour the Confession of faith do abolish and condemne the Popes authoritie and jurisdiction out of this land and ordaines the maintainers thereof to be punished Act. 2. Parl. 1. Act. 51. Parl. 3. Act. 106. Parl. 7. Act. 114. Parl. 12. K. James 6. do condemne the Popes erroneous doctrine or any other erroneous doctrine repugnant to any of the Articles of the true and Christian Religion publikely preached and by Law established in this Realm And ordaines the spreaders and makers of Books or Libels or Letters or writs of that nature to be punished Act. 46. Parl. 3. Act. 106. Parl. 7. Act. 24. Parl. 11. K. James 6. doe condemne all Baptisme conform to the Popes kirk and the idolatry of the Masse and ordaines all sayers wilfull hearers and concealers of the Masse the maintainers and resetters of the Priests Jesuites traffiquing Papists to be punished without any exception or restriction Act. 5. Parl. 1. Act. 120. Parl. 12. Act. 164. Parl. 13. Act. 193. Parl. 14. Act. 1. Parl. 19. Act. 5. Parl. 20. K. James 6. do condemne all erroneous books and writs containing erroneous doctrine against the Religion presently professed or containing superstitious Rites and Ceremonies Papisticall whereby the people are greatly abused and ordaines the homebringers of them to be punished Act. 25. Parl. 11. K. James 6. do condemn the monuments and dregs of bygane Idolatrie as going to Crosses observing the Festivall dayes of Saincts and such other superstitious and Papisticall Rites to the dishonour of God contempt of true Religion and fostering of great errour among the people and ordaines the users of them to be punished for the second fault as Idolaters Act. 104. Parl. 7. K. James 6. Like as many Acts of Parlament are conceived for maintenance of Gods true and Christian Religion and the puritie thereof in Doctrine and Sacraments of the true Church of God the libertie and freedome thereof in her Nationall Synodall Assemblies Presbyteries Sessions Policie Discipline and Jurisdiction thereof as that puritie of Religion and libertie of the Church was used professed exercised preached and confessed according to the reformation of Religion in this Realm As for instance
vindicating Our Royall Authoritie and the Monarchicall government of that Our ancient Kingdome is farre beneath Us and therefore Wee would onely know how they can possibly answer these foure questions to the world First by what authoritie they entered into this Covenant and how they durst presume to exact an Oath from any of Our subjects to it or any thing else it being an irrefragable proposition That no publike Oath can bee administred but by a Magistrate or by one sufficiently deputed by authoritie to administer it For it is a badge annexed to Magistracie and Authoritie to have power of giving and taking an oath and therefore they cannot satisfie the world by what Authoritie or deputation from Authoritie they did give this oath to and receive it from Our subjects They do answer that though they have no Law for it yet they have President For this Confession of Faith say they in the title of their Covenant was subscribed by Our Father of happie memorie and his houshold in the year 1580. thereafter by persons of all ranks in the yeare 1581. and that by the ordinance of the Lords of the Secret Councel and Acts of the Generall Assemblie Subsâ—ribed againe by all sorts of persons in the yeare 1590. by a new ordinance of Councell at the desire of the Generall Assemblie with a generall band for maintenance of true Religion and the Kings person Now was this their Confession of Faith and Covenant annexed commanded to bee sworne and subscribed by Us by any order from Our Councell or by any Act of Generall Assembly But they will say that it being once commanded that commandement is still in force and vigour That is indeed a good ground or president for Us and Our Councell to command this same oath to be renewed when We shall see cause but the repetition of it must still be by the same Authoritie by which it was at the first injoyned Now the first injunction of this subscription was made by Our Royall Father in the yeare 1580. the first renewing of it in 1581. was as they say themselves by an ordinance of the Lords of the Secret Councell the second renewing of it 1590. was by a new ordinance of Councell at the desire of the Generall Assemblie By which it is plaine that the judgement of the Generall Assemblie which in those daies was at the highest and was not wont to derogate from their owne power was that this oath could not be renewed nor any band but by authoritie from Our Royall Father and His Councell Againe have they not printed in the frontispice of this their Covenant Our Royall Father his charge to certain Commissioners and all Ministers within that Realme for requiring this oath with a command to returne to the Ministers of his house the names and processes of all such as should refuse to take the said oath Now did any of all these precede their Covenant Was Our authoritie or the authoritie of Our Councell so much as asked much lesse obtained Were there any Commissioners by Us or Our Councell appointed to receive this oath in the severall Shires Nay as shall appeare afterward in due place when We with the advice of Our Councell by Proclamation did command the renewing of that oath and designed Commissioners throughout the severall Shires of the Kingdome for administring of it did not those who call themselves of the Table refuse to sweare it themselves and command that none of the Kingdome should sweare it by any authoritie from Us And is not this pulling down of Our authoritie and setting themselves in Our place So that if the Reader look upon the title and inscription of their Covenant he shall finde as Wee said that it carrieth the overthrow of it in its owne front Secondly say they had power to command the new taking of this oath as they had not yet what power can be pretended for their interpretation of it It being a received Maxime That no lesse authoritie can interpret a Law or Rescript then that which made it or those whom they who made it have constituted Judges to give judgement and sentence according to the true meaning of it This oath then being first framed and urged by our Royall Father with the advice of his Councell can it be interpreted by any but by Us and His and Our successours And have either We or Our Councell given any such interpretation Nay can any man though in authoritie indued with Religion or reason with any conscience or honestie give not onely so false but so ridiculous and absurd an interpretation of that Confession of faith as those of the Table have given For they have declared That this Confession is to bee interpreted and ought to be understood of all the pretended Novations no lesse then if everie one of them had beene expressed in the said Confession Had they said that they themselves did prohibite these pretended novations as other points of Poperie in that confession abjured the words had then carried some sense as intimating that they themselves did now think that they did tend to Poperie But that they should force any man to sweare that the framers of that Confession at the first did so they being all dead so never were asked nor can bee asked the question or that they should make men living sweare what was the minde of the dead concerning the five Articles of Pearth the Service Book the Book of Canons the high Commission things of which in their lives they never heard nor perhaps did ever imagine the introduction of them they in that Confession abjuring onely those Romish corruptions which in their time had infested the Church is such a profane and foolish interpretation that one would wonder how any one that either hath the knowledge or maketh conscience of an oath can either himselfe take or desire others to take an oath so false and foolish as this And therefore with more wit then honestie where they met with no scrupulous people they suffered them to swallow down that wicked glosse which corrupteth the verie text of the Confession But where multitudes especially of the Ministers who at their admissions had sworn obedience to and practise of these points which they call innovations quarrelled at this their interpretation they assured them that it would breed a great division if they should desire but the least alteration of the words in which their Covenant was conceived but yet that they might verie well sweare all with a reservation of not abjuring Episcopacie the five Articles of Pearth or any thing established by Acts of Parliament and Generall Assemblie With which Protestation and reservation and not otherwise many especially of the Ministers did sweare their Covenant as they themselves do well know which was such a notable peece of Jesuiticall equivocation on their parts who exacted this oath and contrarie to the verie letter and grammaticall sense of the oath it selfe especially in that part of it which containeth their
interpretation of the Confession as the like hath scarcely beene heard Thirdly where was it ever heard that men pretending for a ground of their proceedings the president of a former Confession and band annexed did dare to adde any thing to the text of that Confession and band upon which they meant to build their actions But these men have taken upon them not onely without authoritie to make an interpretation of that Confession but flatly against Authoritie to adde to the verie text of the band of maintenance For whereas the band annexed to the former Confession was made in defence of Us Our Authoritie and Person with their fortunes bodies and lives in defence of the Gospel of Christ and liberties of that Our Kingdome c. they have added a mutuall defence of one another So that the band which was at the first made against those subjects who went about to correspond with forreiners for the subversion of Our Religion and Kingdome is now made against all persons whatsoever who shall oppose them in their courses That band which was made in defence of Our person and authoritie against all treason at home and invasion from abroad is now principally made against Us if We shall oppose their courses and next against all such of Our loyall subjects as shall adhere to Us in defence of Our person and authoritie For these words against all persons whatsoever not excepting Us shewes their bad meaning too well Now whether Our Royall Father in the first band by defence of His person and authoritie meant maintenance against Us His successor Our person and authoritie for they urge the intention of the first Confession and band as a warrant for this new one of theirs or whether the words of the Emperour or any Monarch or any other Law-giver in any of their Lawes or Rescripts can bee taken in any tolerable construction against the Crowne and Dignitie of themselves and successors Or how these new Covenanters can with the same breath blow both hot and cold with the same hand both strike and stroake Us in one sentence swearing to defend Our person and authoritie and yet in the next swearing to defend one another against all persons whatsoever not excepting Us if not principally intending Us We leave it to the world to consider Fourthly what shew of defence can these men make to save themselves from being punished with all rigour as movers of sedition and disturbers of the publike peace and quietnesse of the Kingdom since the Act of the tenth Parliament of James the sixt Act. 12. and the 75. Act of the ninth Parliament of Queene Marie to which the Act last mentioned relateth have declared all leagues of subjects amongst themselves without the privitie and approbation of the King to be seditious and the Authors and Abetters of them to be punished as movers of sedition The tenth Parliament of James the sixth Act. 12. FOrasmuch as there was an Act made in the Regiment of Mary late Queen dowager and Regent of this Realme Our Soveraigne Lords grandmother of worthy memory concerning leagues and bands as being thought against all law and obedience of subjects towards their Princes The not observation of which Act since the making hath given occasion of many troubles which have occurred since VVherefore Our Soveraigne Lord with the advice of His three Estates conveened in this present Parliament ratifieth approveth and for His successours perpetually confirmeth the said Act of Parliament and ordaineth the same to have full effect and â—xecution in all time to come And also of new with the advice of His said three Estates dischargeth and annulleth all leagues and bands made between his lieges and subjects at any time by-past preceding the date hereof And statuteth and ordaineth that in time to come no leagues nor bands be made amongst His subjects of any degree upon whatsoever colour or pretence without His Highnesse or His successours privitie and consent had and obtained thereunto under the paine of being held and executed as movers of sedition and unquietnesse to the breach and trouble of the publick peace of the Realme and to be cited and pursued therefore with all rigour to the example of others The ninth Parliament of Queen Mary Act. 75. IT is statuted and ordained by the Queenes Majestie and three Estates in Parliament That no manner of person or persons of whatsoever qualitie estate condition or degree lieges of this Realme attempt to doe or raise any bands of men of warre on horse or foot with Culverings Pistols Pikes Spears Jacks Splents Steel-bonnets white harnis or other warre-like munition whatsoever for daily weekly or monethly wages in any time to come without speciall licence in writing had and obtained of Our Soveraigne Lady and her successours under the paine of death to be executed upon the raisers of the said bands as also upon them that doe conveen and rise in bands Now Our consent to their Covenant was not onely never granted but never so much as once asked When they have satisfied these important questions and considerations which are obvious to all men who are acquainted with Lawes and Government then let them bethinke themselves how they will answer not onely to all Divines abroad who are not Jesuited but even to their own Universities at home in that Our Kingdome in the case of conscience how any Oath much lesse such an unlawfull Oath as this can be administred to any Prince his subjects without his consent or authoritie There are but two Universities in Scotland which conferre all Degrees S. Andrewes and Aberdene both these upon the first comming abroad of this their Covenant and Oath did oppose it and severally set forth sent abroad and dispersed in writing those excellent and unanswerable Reasons against it which Wee have seene and have but which the Covenanters did never answer Besides the Divines of Aberdene set out in print their Queries to the three Ministers sent thither from their Table to perswade their Covenant which how poorely and pitifully they answered and so againe how they answered the same mens Duplies as miserably as their former Queries We leave to the judgement of Schollers to whom these three Ministers weakenesse in their answers hath made them sufficiently ridiculous There is likewise an Universitie in Glascow which because it hath but one Colledge and hath not of late conferred any Degree above that of Master of Arts is called the Colledge of Glascow They of that Colledge were verie backward to come into their Covenant untill they were extremely threatned and when they came in they premitted such interpretations and limitations as were destructive of the verie foundation of it some of the Regents never came in at all In the Colledge of Edinburgh where there are but foure Regents how two of them for not subscribing their Covenant were expelled from their places is notoriously knowne Now one would thinke that in any Kingdome the judgement of the learned Professors in Universities
would be most willing to indict a free generall Assembly and call a Parliament for those good ends but that your Grace as His Majesties Commissioner hath conceived the Confession of faith and Covenant latelie renewed by us His Majesties subjects to be an unlawfull combination against Authority thereby to cast off our dutifull obedience and not a Covenant for maintaining of true Religion of His Majesties Person and Authority and of the Laws and Liberties of the Kingdome And we being most willing to remove that as the maine hinderance of the obtaining of our desires Therefore and for clearing of our loyaltie and vindicating our selves from so great an imputation Wee do now in all humility remonstrate to your Grace as His Majesties Commissioner and declare before God and men that we are heartily grieved and sorrie that any good man but most of all that our dread Soveraigne should so conceive of our doing And that we were and still are so faâ—re from any thought of withdrawing our selves from our dutifull subjection and obedience to His Majesties government which by the descent and under the raigne of 107 Kings is most chearfully acknowledged by us and our predecessours that we never had nor have any intention or desire to attempt any thing that may turne to the dishonour of God or diminution of the Kings greatnesse and authority But on the contrary we acknowledging our quietnesse stability and happinesse to depend upon the safety of the Kings Majestie as upon Gods Vicegerent set over us for maintenance of Religion and ministration of Justice have solemnly sworne not onely our mutuall concurrence and assistance for the cause of Religion but also to the uttermost of our power with our meanes and lives to stand to the defence of our dread Soveraigne the Kings Majestie His Person and Authority in the preservation and defence of the true Religion Liberties and Lawes of the Kingdome And therefore we His Majesties loyall subjects free from that and all other imputations of that kinde most humbly beseech your Grace to esteeme that our Confession of Faith and Covenant to have been intended and to be the largest testimony of our fidelity to God and loyaltie to our King And that hinderance being removed must still supplicate that your Grace would be pleased to indict a free generall Assembly and Parliament which will undoubtedly redresse all our evils settle the peace of the Kirk and Kingdome and procure that chearfulnesse of obedience which ought to be rendred to His Majesty carrying with it the offer of our fortunes and best endeavours for His Majesties honour and happinesse as a reall testimony of our thankfulnesse and our hearty prayers to God that His Majestie may long and prosperously raigne over us NOw doth this Petition deserve the name of an explication of their Covenant much lesse of such an explication as should give either Us or Our Commissioner any satisfaction No for it containeth neither more nor lesse then this that they doe not meane to shake off their obedience if We will give way to all their courses which by this Petition they justifie so that their meaning is that they will continue obedient subjects if We will part from Our Soveraigntie which is in effect that they will obey if Wee will suffer them to command But where it was expected that to these words of their Covenant whereby they binde themselves to mutuall maintenance against all persons whatsoever should have beene added except the King and his successors that was refused though even that could have given no satisfaction unlesse We should give way to that which divers Acts of Parliament have made sedition and punishable with death Upon notice given by Our Commissioner of his intended departure the debatements at their Table grew very hot and fierie upon this point Whether they should presently indict a Generall Assembly and fall upon the violent courses intended by them or that they should grant some short time for his journey his stay with Us his returne to them againe with Our finall answer and last resolution and in the meane time promise that they would behave themselves quietly and peaceably and continue all things in statu quo untill his returne This last was agreed unto though not without much contrarietie of voices and so some of the principall Covenanters came and acquainted him with this their resolution which was That they would expect Our answer and his returne upon the fifth of August next at the furthest untill which time they would breake up their great meeting containe themselves and the people in quietnesse and peace but if by that day he did either not return or not bring with him from Us such an answere as they expected then they would hold themselves free and goe on to prosecute the courses which they had resolved upon And so Our Commissioner begun his journey towards Us. After Our Commissioner had at Greenwich made Us fully acquainted with all their insolencies We speedily dispatched him with new Instructions and commanded him to returne so that he might be backe in Scotland by the fifth of August and gave him order for the indicting both of a Generall Assembly and a Parliament but so that he should first be fully satisfied by all informations which he could conveniently receive of the constitution of a Generall Assembly with which perhaps many were not acquainted none having beene kept for divers yeares And therefore it did require good deliberation to agree both upon the members of the Assembly not for their persons but for their qualitie and of what things were usually treated and handled there No sooner was he returned into Scotland but he found all things in much worse case and in a farre greater combustion then he left them For he found that the heads of the faction being affraid that he might bring backe with him some satisfactory accommodation which Our subjects might like well but they themselves resolved to reject had in the time of his absence assured their followers that they might compasse their ends by such means and upon such conditions as themselves desired Nay they proceeded so far as to make the people beleeve what they knew to be most untrue viz. That Our Commissioner was well satisfied with all their proceedings and especially with their Covenant in regard of the late explication they had made of it and were so impudent as to use that inducement for an argument whereby they perswaded many of all sorts especially of the Ministers who had formerly stood out against their Covenant to enter into it in this short time of his absence from them And the three Ministers in their answers to the Queries of the Divines of Aberdene had the boldnesse to print that Our Commissioner rested satisfied with their Covenant according to their explication of it With which their notorious calumnie he found himselfe so highly injured in a point which so much concerned his loyaltie to Us and the trust reposed in
if any of Our subjects whether ecclesiasticall or civill of whatsoever qualitie title or degree have or shall at any time presume to doe any such act or assume to themselves any such exemption or power That they shall like as by these presents We make and ordaine them to be lyable to the triall and censure of Parliament generall Assembly or any other Judicatories competent according to the nature and qualitie of the offence And for the free entry of Ministers that no other oath be administrate unto them then that which is contained in the act of Parliament And to give Our subjects full assurance that We never intend to admit of any change or alteration in the true Religion alreadie established and professed in this Our kingdome And that all Our good people may be fully and clearly satisfied of the realitie of Our intentions towards the maintenance of the truth and integritie of the said Religion We have thought fit and expedient to injoine and authorize like as We by these presents doe require and command all the Lords of Our privie Councell Senatours of the Colledge of Justice Judges and Magistrates to burgh and land and all Our oâ—her subjects whatsoever to subscribe and renew the Confession of Faith subscribed at first by Our deare Father and His houshold in the yeare of God 1580. Thereafter by persons of all rankes in the yeare 1581. by ordinance of the Lords of secret Councell and acts of the generall Assembly Subscribed againe by all sorts of persons in the yeare 1590. by a new ordinance of Councell at the desire of the generall Assembly with their generall band of maintenance of the true Religion and the Kings person And for that effect We doe require the Lords of Councell to take such course anent the foresaid confession and generall band that it may be subscribed and renewed throughout the whole kingdome with all possible diligence And because We will not leave in Our subjects minds the least scruple or doubt of Our royall intentions and reall resolutions Wee have given warrant to Our Commissioner to indict a free generall Assembly to be holden at Glasgow the twenty first day of November in this present yeare 1638. And thereafter a Parliament to be holden at Edinburgh the fifteenth day of May Anno 1639. for settling a perfect peace in the Church and Common-weale of this kingdome And because it is likely that the disorders and distractions which have happened of late have beene occasioned through the conceived feares of innovation of Religion and Lawes and not out of any disloyaltie or disaffection to soveraigntie We are graciously pleased absolutely to forget what is past and freely to forgive all by-gones to all such as shall acquiesce to this Our gracious pleasure and carry themselves peaceably as loyall and dutifull subjects and shall ratifie and approve the same in Our next ensuing Parliament And that this Assembly may have the better successe and more happy conclusion Our will is that there be a solemne Fast proclaimed and kept by all Our good subjects of this kingdome a foureteene dayes before the beginning of the said Assembly the causes thereof to be a begging a blessing from God upon that Assembly and a peaceable end to the distractions of this Church and kingdome with the aversion of Gods heavie judgement from both And Our pleasure is that this Fast be kept in the most solemne manner as hath beene in this Church at any time heretofore upon the most extraordinary occasion OUR WILL is herefore and We charge you straightly and command that incontinent these Our Letters seen ye passe and make publication hereof by open proclamation at the market crosses of the head burrowes of this kingdome where-through none pretend ignorance of the same Given at Our Court of Oatlands the ninth day of September 1638. Per Regem AFter this Declaration was proclaimed the Confession of Faith as it was at the first commanded by Our Royall Father as also the band annexed for defence of the Religion now established and of Our Person and authoritie with the subscriptions of Our Commissioner and Councell to them both doe here follow The Confession of Faith of the Kirke of SCOTLAND Subscribed at the first by the Kings Majesties umwhile dearest Father of blessed memory and his Houshold in the yeer of God 1580. Thereafter by persons of all ranks in the yeere of God 1581. by ordinance of the Lords of Secret Councel and Acts of the Generall Assembly Subscribed againe by all sorts of Persons in the yeer 1590. by a new Ordinance of Councel at the desire of the general Assembly With the general Band for maintenance of the true Religion And now renewed and subscribed again by his Majesties speciall command by the right noble Marquesse James Marquesse of Hamiltoun Earle of Arran and Cambridge Lord Even and Evendail his Majesties high Commissioner and Lords of secret Councell undersubscribing And that of and according to the date and tenor of the said Confession of Faith dated in March 1580. and of the Band dated in Anno 1589. WEe All and every one of us underwritten protest That after long and due examination of our owne Consciences in matters of true and false Religion are now throughly resolved in the Truth by the Word and Spirit of God and therefore we beleeve with our hearts confesse with our mouths subscribe with our hands and constantly affirme before God and the whole World that this only is the true Christian Faith and Religion pleasing God and bringing salvation to man which is now by the mercy of God revealed to the world by the preaching of the blessed Evangel And received beleeved and defended by many and sundry notable Kirks and Realmes but chiefly by the Kirk of Scotland the Kings Majestie and three Estates of this Realme as Gods eternall truth and onely ground of our salvation as more particularly is expressed in the Confession of our Faith stablished and publikely confirmed by sundry Acts of Parliaments and now of a long time hath been openly professed by the Kings Majestie and whole body of this Realme both in Burgh and Land To the which Confession and forme of Religion wee willingly agree in our consciences in all points as unto Gods undoubted Truth and Verity grounded onely upon his written Word And therefore Wee abhorre and detest all contrarie Religion and Doctrine But chiefly all kinde of Papistrie in generall and particular heads even as they are now damned and confuted by the Word of God and Kirke of Scotland but in speciall we detest and refuse the usurped authoritie of that Roman Antichrist upon the Scriptures of God upon the Kirk the civill Magistrate and conscience of men All his tyrannous lawes made upon indifferent things against our Christian liberty His erroneous doctrine against the sufficiency of the written word the perfection of the Law the office of Christ and his blessed evangel His corrupted doctrine concerning originall sin our naturall
the application therof alreadie sworn by us for the Reasons above expressed And because as we did in our former Protestation appeale from the Lords of his Majesties Councell so do we now by these renew our solemne appeale with all solemnities requisite unto the next free Generall Assemblie and Parliament as the onely supreme nationall Judicatories competent to judge of nationall causes and proceedings Sixthly We protest That no subscription whether by the Lords of Councell or others of the Confession mentioned in the Proclamation and enjoyned for the maintenance of Religion as it is now already or at this present time established and professed within this Kingdome without any innovation of Religion or Law be any manner of way prejudiciall to our Covenant wherein we have sworne to forbeare the practice of Novations alreadie introduced c. till they be tried in a free Assemblie And to labour by all lawfull meanes to recover the puritie and libertie of the Gospel as it was established and professed before the foresaid Innovations And in like manner that no subscription foresaid be any derogation to the true and sound meaning of our worthie predecessours at the time of their subscription in the year 1581. and afterward Withall warning and exhorting all men who lay to heart the cause of Religion against the corruptions of the time the present estate of things both to subscribe the Covenant as it hath bin explained and necessarily applied and as they love the puritie and libertie of the Gospel to hold back their hands from all other Covenants till the Assembly now indicted be conveened and determine the present differences and divisions and preserve this country from contrarie oathes Seventhly As his Majesties royall clemencie appeareth in forgiving and forgetting what his Majestie conceiveth to be a disorder or done amisse in the proceeding of any so are we very confident of his Majesties approbation to the integrity of our hearts and peaceablenesse of our wayes and actions all this time past And therfore We protest that we still adhere to our former complaints protestations lawfull meetings proceedings mutuall defences c. All which as they have been in themselves lawfull so were they to us pressed with so many grievances in his Majesties absence from this native kingdome most necessary and ought to be regarded as good offices and pertinent duties of faithfull Christians loyall subjects and sensible members of this Kirk and Commonwealth as we trust at all occasions to make manifest to all good men especially to his sacred Majestie for whose long and prosperous government that we may live a peaceable and quiet life in all godlinesse and honestie We earnestly pray WHereupon a noble Earle James Earle of Montrose c. in name of the Noblemen M. Alexander Gibson younger of Durie in name of the Barons George Porterfield Merchant Burgesse of Glasgow in name of the Burrowes M. Harie Rollock Minister at Edinburgh in name of the Ministers and M. Archbald Johnston Reader hereof in name of all who adhere to the Confession of Faith and Covenant lately renewed within this Kingdome tooke instruments in the hands of three Notars present at the said Mercate Crosse of Edinburgh being invironed with great numbers of the foresaid Noblemen Barons Gentlemen Burrows Ministers and Commons before many hundred witnesses and craved the extract thereof And in token of their dutifull respect to his Majestie confidence of the equitie of their cause and innocencie of their carriage and hope of his Majesties gracious acceptance they offered in all humilitie with submisse reverence a copie thereof to the Herauld ANd now for triall of what Wee have said the Reader may reflect upon these particulars Not farre from the beginning they averre that they did confidently expect from Us a free Generall Assemblie and Parliament to be indicted and that Our Commissioner promised to recommend unto Us this their suit for a free Generall Assemblie without prelimitation either in the constitution and members thereof in the order and manner of proceeding or in the matters to bee treated of and do insinuate as if Wee had not given order for any such Assemblie in Our Declaration which everie Reader looking upon Our Declaration may see to be most untrue for in it We give warrant to Our Commissioner to indict a free Generall Assemblie nor is there there either mention or meaning of any prelimitation though they themselves did use verie many some whereof you have heard alreadie and shall heare of more hereafter Afterwards they quarrell with Our Declaration for ascribing all the late distractions of this Church and Common-wealth to their conceived feares of the Innovation of Religion and Lawes and not to the Innovations themselves No doubt a great crime that We will not acknowledge that the Service Book which was penned at first by those who laid downe their lives in opposition to Poperie is an introduction to Poperie and We do professe that We did discharge that Book onely to remove their feares and doubts and ease their pretended grievances nor can Wee condemne that Book without condemning the Service Book of England for the Covenanters arguments strike alike at both Then immediatly after They take it ill that though We have discharged the practice of these pretended Innovations and voided all Acts made for the establishing of them yet We have not rescinded Our former Proclamations at Sterling and Edinburgh As if nothing could content them unlesse Wee should disgrace Our owne Proclamations which did not any way establish or authorize the things complained of nay more unlesse We will call back Our own words which cannot be interpreted to any such sense as they would force upon them they would make Our people beleeve that the libertie of the generall Assemblie is prejudged in a suspicious undutifull and dangerous phrase tell them That they do not consider with whom they are dealing as if no trust were to be given to Us Next they quarrell with Our discharging of the practice of the Articles of Perth but not the Articles themselves which are established by acts both of Parliament and Generall Assemblie and yet Wee dare say that they would hold it for a strange position if We should use Our Prerogative to the disanulling of any thing established by these two Judicatories nay if We and the Parliament joyntly should as the world goeth now offer to disanull any act of their Generall Assemblie so glad they are to quarrell with Our Declaration that in their eagernesse they destroy their owne grounds Their next cavill if it were possible is as senslesse as the former whereby they averre that Our naming of Bishops in Our Proclamation for the indiction of the Assemblie is a prelimitation of it because thereby We take it as granted that the office of a Bishop is unquestionably an office in that Church and Kingdome and this they call a great prelimitation put upon the Assemblie but with what shew of consequence We cannot possibly conceive
adjudged to be so in the case of the Ministers who held an Assembly at Aberdene after it was prorogued by Our royall Father who being cited to compeere before the Lords of the Councell to answer that high contempt and compeering declined the authoritie of Our royall Father and his Councell and appealed to a Generall Assembly and were therefore arraigned of high treason upon that Statute before the Lord chiefe Justice of that Kingdome and after pleading to it by their Advocates were found by a Jurie or Assize guilty of high treason and had received sentence accordingly if Our royall Father out of his singular clemencie and gracious respect to their calling had not reprived them before sentence and only inflicted upon them perpetuall banishment which they did undergoe The Act of Parliament upon which they were arraigned was this The eighth Parliament current holden at Edinburgh the 22. of May in the yeere of God 1584. by the right Excellent right High and Mightie Prince James the Sixt by the grace of God King of Scots and three Estates of this Realme An Act confirming the Kings Majesties royall power over all Estates and subjects within this Realme FOrasmuch as some persons being lately called before the Kings Majestie and his secret Councell to answer upon certaine points to have beene inquired of them concerning some treasonable seditious and contumelious speeches uttered by them in Pulpits Schooles and otherwaies to the disdaine and reproach of his Highnesse his Progenitors and present Councell contemptuously declined the judgement of his Highnesse and his said Councell in that behalfe to the evill example of others to doe the like if timely remedy be not provided Therefore our Soveraign Lord and his three Estates assembled in this present Parliament ratifieth and approveth and perpetually confirmeth the Royall power and authority over all Estates aswell spirituall as temporall within this Realme in the person of the Kings Majestie our Soveraign Lord his Heires and Successors And also statuteth and ordaineth that his Highnesse his Heires and Successors by themselves and their Councells are and in time to come shall be judges competent to all persons his Highnesse subjects of what estate degree function or condition soever they be of Spirituall or Temporall in all matters wherein they or any of them shall be apprehended summoned or charged to answer to such things as shall bee inquired of them by our said Soveraigne Lord and his Councell And that none of them which shall happen to be apprehended called or summoned to the effect aforesaid presume to take in hand to decline the judgement of his Highnesse his Heires and Successors or their Councell in the premises under the paine of treason Their sixth Protestation is nothing but a repetition of that which they have said so oft even unto tediousnesse In their seventh and last they bewray an unexempled boldnesse in avowing their confidence of Our approbation to the integritie of their hearts and peaceablenesse of their waies and actions all this time past when in their owne consciences they doe know that We doe hold and detest their waies and actions as most unpeaceable and seditious And now having taken a short survey of this their Protestation We doe appeale to any man who shall compare it with Our Declaration whether Our gracious Proclamation against which they protested did not rather deserve an humble and hearty acknowledgement of Our many graces and favours towards them with a joyfull and submissive acceptation of them then first to be traduced to the people before it was made for a Proclamation tending to the utter ruine and subversion of the Religion and Lawes of that Church and Kingdome and then afterward to bee encountred in publique with such an impudent insolent seditious and senslesse Protestation And lastly after all this to be railed at in their Pulpits and Our people made to beleeve that that part of it which required subscription to their owne confession of faith but lately sworne and subscribed unto by themselves was a device of the Devill and hatched in Hell as shall appeare by that which followed For the next day being Sunday all the Pulpits of Edinburgh nay and many places where there were no Pulpits for they heard Sermons in many Halls and other profane and common places did ring with bitter invectives and declamations against this Our gracious Declaration especially against that part of it which they conceived would be most satisfactorie to Our people and prove a speciall Antidote for expelling that poyson which they had made them swallow concerning Our declining from the Reformed Religion and inclining to Poperie viz. the subscription to their own confession of faith now commanded by Us For they branded it so with most hideous and horrible names of the very depth and policie of Sathan that the common people who were well perswaded of the pietie of their Preachers could not chuse but imagine that there was some wickednesse in it which their Preachers could and did dive into though they did not One Preacher in his Sermon prayed God to scatter them in Israel and to divide them in Jacob who were the authors of this scattering and divisive counsell Another Preacher in his Pulpit told his people that the urging of this subscription was an Italian and a devillish device first to make them renounce God and perjure themselves and then afterward there was an intention to destroy their bodies and so that this subscription imported no lesse then the destruction both of their bodies and soules These and many more such false feares suggested first from two of the Preachers of Edinburgh and from them transmitted to their fellows throughout the Kingdome did worke so strongly with Our good but simple and seduced people as that they were wrought unto a perswasion that this subscription to their owne confession of faith commanded by Us for removing that false opinion which their Leaders had put into their heads of Our inclination to Poperie was of a farre deeper reach and of more dangerous consequence then if We had been inclined to Poperie indeed still adding That if they did subscribe it now by Our authoritie it could receive no acceptation at Gods hands God rejecting any service done to him by constraint it being very familiar with them at these times to terme obedience to authoritie constraint but when they subscribed it voluntarily or by the perswasion of their Leaders then it was acceptable to God and if they durst have used such a Popish word no question they would have added Meritorious And thus you see with what undutifulnesse Our gracious Declaration was entertained Yet it was not so received by all For first all the Lords of Our Councell amongst whom were some who never seemed to be satisfied before were so fully satisfied and so much overjoyed with this Our gracious Declaration that they did condemne and utterly detest this odious Protestation of the Covenanters whereupon Our Councels Letter of thankes and proffer of
Assemblie which they either had or have fraudulently put away and if any Pastor within this Presbyterie refuse to publish this cytation we require the Reader of the Church to do it In like manner wee require all parties who have interest either in pursuing or specifying or proving this complaint to be present at the said Assemblie for that purpose Upon which the complainers took instruments in the hands of the Notarie According to this complaint and the warrand of the Presbyteries reference of it I A. R. warne and admonish the abovenamed offenders to compeere before the next Generall Assemblie to bee holden at Glasgow 21. November for the causes contained in the complaint and for the certification expressed in it NOw though the verie reading of this Libell cannot chuse but work a detestation of it in the heart of everie religious and just man yet the Reader shall do well to take a more speciall notice of these particular passages of injustice and impietie in it First that the Presbyterie of Edinburgh taketh cognisance of the cause and accordingly makes cytation not onely of the Bishop of Edinburgh over whom they can have no jurisdiction but of all the rest of the Archbishops and Bishops of which none at all or certainely if any verie few are inhabitants within the bounds of their Presbyterie And who before this did ever heare that any Consistorie or Judicatorie Ecclesiasticall or Civill could make processe against any man or take cognisance of the cause of any man who was not an inhabitant nor had any charge or estate within the Precincts or bounds of those places which onely are liable to the jurisdiction of that Court Next who did ever heare that men should wittingly and willingly cyte others to answer for the transgression of acts and Lawes which they themselves do know were repealed by posteriour acts and Lawes and so stood at the time of this cytation and therefore can no wayes be censurable for them though it were true that the person cyted had done as it is alledged in the Libell and such be these acts of Assemblie cyted by them which were and still are disanulled by divers acts both of Assemblie and Parliament Thirdly who did ever heare that men should be called in question for yeelding obedience to acts of Parliament and Generall Assemblie and yet in this Libell the Prelats are charged with giving voices in Parliament and practising the five Articles of Perth and divers other particulars which then were and are now still in force by acts both of Parliament and Assemblie and if it should be said that these acts were unduly obtained which is the Covenanters onely plea sure to say so is a greater fault then the other for what Judge can ever give sentence in any cause if the asseveration of the partie aggrieved by the sentence that the Law was unjustly made may passe for a good plea Fourthly who ever heard that men should bee charged with yeelding obedience to acts commanded by the authoritie of Us and Our Councell especially in things not repugnant to any established Law of that Church and Kingdome and yet such are all these pretended Innovations with the introduction whereof the Prelats are charged in this Libell for they were injoyned and commanded first by Us and then by acts of Our Councell it being farre more agreeable to reason to complaine of the Lords of Our Councell by whose authoritie they were commanded then of those who in dutifull obedience to authoritie did practise them But indeed it is to bee wondred at with what face the Covenanters can blame either the one for commanding or the other for practising them For what ground have they or did they ever yet alledge for their swearing to the Confession of Faith and their Covenant annexed Did they ever yet alledge any but the authoritie of Our Royall Father and his Councell who by their authoritie commanded them to bee sworne throughout the Realme And did not We and Our Councell by equall authoritie command these pretended Innovations Was not then the Prelats practice of them as well warranted as this Confession of Faith and the band annexed which were never brought in by acts of Parliament or Assemblie but meerly by Our Royall Fathers Prerogative and put in execution by the authoritie of his Councell Fifthly who did ever heare that men professing Pietie and Religion durst adventure in the sight of God in the house of God and in the Pulpit which is as it were the Chaire of God and in the face of the Congregation which is the people of God to command the Bishops to be indited and accused of such horrible crimes as whoring excessive drinking excessive gaming swearing profane talking profanation of the Lords day contempt of Gods publike ordinances neglecting pietie in their families mocking of the power of preaching prayer and spirituall communication briberie simonie lying perjuries unhonest dealing in civill bargaines adulterie incest and what not We do even appeale to their owne consciences whether they did thinke all of them or any one of them guiltie of all these crimes Most certainly they did not and that excuse which they bring for the justifying of this wicked Libell cannot any wayes extenuate their fault They say that some particulars contained in the whole Libell may be proved against everie one of them and therefore it is a good and a legall Libell if they can make good any thing contained in it But bee it legall or not the world must needs take notice that it is most unconscionable The other things mentioned before and charged upon them in this Libell are not crimes at all being warranted by acts of Parliament Assembly and Councell these last rehearsed are crimes indeed odious in the sight of God and man and of which as if they be guilty the Bishops deserve death and exquisite torments so if they who have accused them of these crimes shall faile in proving them to bee guiltie they deserve to bee infamous throughout all generations for the most malicious and malignant traducers of the servants of God that ever lived upon the earth and must looke for the unavoidable judgements of God to fall upon them and their whole families for this so horrible a crime committed wilfully against the knowledge of their owne consciences unlesse they doe expiate it with the bitter teares of repentance For We desire them to declare bonâ fide whether they themselves did beleeve or conceive all the Bishops accused in the Libell or onely some of them to bee guiltie of these last recyted crimes If not all but some why did they not distinguish them that the people might know whom they should take for guiltie and whom for not guiltie Nay did they not beleeve and know that some of these Bishops were holy and learned men free from the crimes objected For instance We will onely name the Bishop of Edinburgh seeing in the principall Presbyterie of his Diocesse this Libell was presented admitted
traduced doth redound to the reproach of Church and State and of the Gospell whereof they are Preachers 6. Lastly to omit many other informalities against their owne consciences which wee charge in the sight of God as they must answer before his great and fearefull tribunall if they suspect and know not perfectly according to the judgement of charitie them whom they thus accuse to bee free of these crimes wherewith they charge them at least of many of them as appeares evidently by the 11. Article of the said instructions having therein libelled the generall and have yet to seek the specification thereof from the malice of their neighbours if so bee they can furnish it By which informall and malicious proceeding it is most apparent that our said parties do seek our disgrace and overthrow most maliciously and illegally And therefore wee call heaven and earth to witnesse if this bee not a barbarous and violent persecution that all circumstances being considered hath few or none to parallel it since the beginning of Christianitie and if wee have not just cause to decline the said pretended Commissioners as our partie Moreover can these men expect but in a lawfull Assemble they were to bee called and censured for their enorme transgressions foresaid And will any man thinke that they can bee judges in their owne cause It is alleadged out of the Canon-Law against the Pope that if the Pope be at variance with any man he ought not to bee Judge himselfe but to chuse arbitrators And this may militate against them except they be more unruly then Popes Ludovicus Bavarus and all the Estates of Germanie with him did plead this nullitie against the sentence and proceeding of Pope John 22. and of his Councell And the Archbishop of Cullen 1546. did plead the nullitie of Paul 3. his Bull of excommunication because hee protested that so soone as a lawfull Councell should be opened hee would implead the Pope as partie being guiltie of many things censurable by the Councell But the late Protestation doth shew the authors thereof to bee no lesse injurious to our place and authority then they are over-weening of their owne For it is against reason and practice of the Christian Church that no Primate Archbishop nor Bishop have place nor voice deliberative or decisive in generall Assemblies except they be authorized and elected by their Presbyteriall meetings consisting of preaching and ruling Elders as they call them and without warrant or example in the Primitive and purest times of the Church This also doth inferre the nullitie of an Assemblie if the Moderator and President for matters of doctrine and discipline shall bee neither the Primate Archbishop nor Bishop but hee who by pluralitie of Presbyters and Lay-mens voices shall bee elected which happely may be one of the inferiour Clergie or a Lay-person as sometimes it hath fallen out Whereas canonically according to the ancient practice of the Church the Primate should preside according to the constitution of the first Councell of Nice Can. 6. of Antioch Can. 9. and of the Imperiall Law Novell constitut 123. cap. 10. and according to our owne Law For what place in Assemblies Archbishops and Bishops had in other Christian Nations the same they had no doubt in Scotland and yet still do retaine except by some municipall Law it hath beene restrained which cannot be showne For the restraint of their authoritie by the Act of Parliament 1592. is restored by the Act of Parliament 1606. and 1609. and all Acts prejudiciall to their jurisdiction abrogated Neither doth that Act 1592. establishing generall Assemblies debarre Bishops from presiding therein nor the abrogation of their Commission granted to them by Act of Parliament in Ecclesiasticall causes imply and inferre the abrogation of that authoritie which they received not from the Parliament but from Christ from whom they received the spirituall oversight of the Clergie under their charge whereto belongeth the Presidentship in all Assemblies for matters spirituall alwayes with due submission to the supreme Governour which is so intrinsecally inherent in them as they are Bishops that hoc ipso that they are Bishops they are Presidents of all Assemblies of the Clergie as the Chancellour of the Kingdome hath place in Councell and Session not by any Act or Statute but hoc ipso that he is Chancellour By Act of Parliament Bishops are declared to have their right in Synods and other inferiour meetings but by no Law restrained nor debarred from the exercise of it in Nationall Assemblies and the law allowing Bishops to bee Moderators of the Synods doth present a list in absence of the Metropolitan to whom of right this place doth belong as said is out of which the Moderator of the generall Assemblie shall be chosen For is it not more agreeable to reason order and decencie that out of Moderators of Synods a Moderator of the generall Assemblie should be chosen then of the inferiour Clergie subject to them As concerning that Act of the generall Assemblie 1580. whereby Bishops are declared to have no warrant out of Scripture if corruption of time shall bee regarded the authoritie of that Assemblie might bee neglected no lesse then that at Glasgow 1610. But it is ordinarie that prior Acts of Assemblies and Parliaments give place to the posterior for Posteriora derogant prioribus And there past not full six yeares when a generall Assemblie at Edinburgh found that the name of Bishops hath a speciall charge and function annexed to it by the word of God and that it was lawfull for the generall Assemblie to admit a Bishop to a benefice presented by the Kings Majestie with power to admit visite and deprive Ministers and to be Moderators of the Presbyteries where they are resident and subject onely to the sentence of the generall Assemblie As for that Act at Mont rose let them answer to it that have their calling by that Commission Wee professe that wee have a lawfull calling by the election of the Clergie who are of the Chapiter of our Cathedrals and consecration of Bishops by his Majesties consent and approbation according to the laudable Lawes and ancient custome of this Kingdome and of the Church in ancient times and do homage to our Soveraigne Lord for our Temporalities and acknowledge him solo Deo minorem next unto God in all causes and over all persons Spirituall or Temporall in his owne Dominions supreme Governour But now wee may take up Cyprian his complaint Lib. 3. Ep. 14. Quod non periculum metuere debemus de offensâ Domini quando aliqui de Presbyteris nec Evangelii nec loci sui memores sed neque futurum Dei judicium neque praepositum sibi Episcopum cogitantes quod nunquam omnino sub antecessoribus factum est cum contumelia contemptâ praepositi totum sibi vendicent Atque utinam non prostratâ fratrum nostrorum salute sibi omnia vendicarent Contumelias Episcopatûs nostri dissimulare ferre possem sicut
complete body exhorted them to stand by the Confession of Faith as it was sworn in 1581. After he had done Our Commissioner desired the Moderatour to say prayer and so to dismisse the Assembly which he was about to doe but was hindered by the Lords who fell againe with new perswasions to urge Our Commissioners stay with them which he answered with so much expression of griefe for there misdemeanours which had necessarily inforced this rupture that verie many of the Assembly seemed to be much moved with it When nothing could perswade his stay at last some of the Lords told him that fearing this rupture they had a protestation ready against what he had said and done which they desired him to heare read which so soone as the Clerk begun to read Our Commissioner repeated his former protestation adding in expresse words that in Our name hee dissolved the Court under the higest paines and so came out with the Lords of Our Councell leaving the Clerk reading their protestation When he came to the Church doore he found it shut so that some of his company were glad to force it open No sooner was he gone but the Lord Areskyn eldest son to the Earle of Marr stood up and made this wise speech not without teares My Lords and the rest my heart hath beene long with you I will dallie no more with God I begge to bee admitted into your blessed Covenant and pray you all to pray to God for me that he would forgive me for dallying with him so long Three others of meaner qualitie desired the same and so all those foure were presently admitted into their Covenant These men at least the Lord Areskyn were resolved to enter into their Covenant long agoe but were reserved on purpose for doing of it at that houre for the greater glory of their Covenant For no sooner had they sworn the Moderator received them by the hand but presently he desired the whole audience to admire Gods approbation and sealing of their proceedings that even at that instant when they might have feared some shrinking and back-sliding because of the present rupture He had moved the hearts of these men to begge admittance into their blessed societie Immediatly after divers stood up and spake but all much about one and to this sense They had seene how carefull and punctuall Our Commissioner was like a good servant faithfully to serve Us his Master and to observe Our instructions speaking withall much to his singular commendation how much more then ought they to be carefull to bee found faithfull in following his instructions who was Master as to all themselves so even to him who was Our Commissioners Master These speeches being ended two things were immediately put to the question First whether notwithstanding Our Commissioners departure and protestation they would adhere to their owne protestation and continue the Assembly They all voyced affirmatively except the Lord Carnaegie Commissioner from the Presbyterie of Brichen Sir John Carnaegie Commissioner from the Presbyterie of Arbroath two Ministers Commissioners from the Presbyterie of Strabogie the lay Elder and Ministers Commissioners from the Presbyterie of Peebles Doctor Strang Principall of the Colledge of Glasgow Doctor Baroune Commissioner from the Universitie of S. Andrewes with some others who refused to sit with them any longer The second was whether the Assembly though discharged by Our Commissioner was competent Judge to the Bishops and whether they would goe on in their tryall notwithstanding the reasons conteyned in their Declinator and this passed affirmatively without one contrarie voyce and so for that night the Assembly was dismissed Our Commissioner after he had left the Assemblie that very night though late assembled Our Councell none were absent except the Earle of Argyle who made some excuse and pretence for his not comming and the Lord Almond who was then sick Two things Our Councell resolved on first to write unto Us a letter of thanks for those gracious proffers which Wee by Our Commissioner had made at the Assembly Next to draw up a Proclamation for the dissolving of the Assembly Their Letter here followeth Most Sacred Soveraigne IN obedience to your Majesties Royall commands we have attended your Majesties Commissioner here at Glasgow since the 17. of this instant and according to our bound dutie in so exigent occasion have not been wanting with our humble and best advices And although wee doe remit the particular relation of what is past to his Graces selfe as best knowne to him yet we cannot for truths sake be so silent as not acknowledge to your Majestie that never servant did with more industry care judgement and patience goe about the discharge of so great a trust And albeit the successe hath not answered his desires neither yet his extraordinarie paines and as wee may confidently affirme most dexterous and advised courses taken to compasse the just command of so gracious a King yet his deserving herein merits to be remembred to posteritie And since your Majesty hath been pleased to renew to us your former act of grace expressed in your Proclamation and Declaration anent the maintenance of the true Religion and we in the defence and profession thereof wee doe all in humilitie and hearty acknowledgement of so great goodnesse returne to your Majesty the offer of our lives and fortunes in defence of your Sacred person and maintenance of your Royall Authority and shall in all our actions approve our selves your Majesties most loyall subjects and humble servants Sic subscribitur Traquaire Roxburgh Marre Murray Lithgow Perth Wigtoun Kingorne Tullibardin Haddington Galloway Annandaile Lauderdail Kinnoul Dumfreis Southesk Angus Elphinstoun Naper Dalyell Hay W. Elphinstoun Ja. Carmichael Hamiltoun Blackhall From Glasgow Novem. 28. 1638. TO this Letter the Lord of Argyle refused to set his hand Next morning the Proclamation was signed by Our Commissioner and Councell but the Earle of Argyle refused to signe it as before hee had done the Letter The Proclamation here followeth CHARLES by the grace of God King of Scotland England France and Ireland Defender of the Faith To Our Lovits Heraulds Pursevants Our Sheriffes in that part conjunctly and severally specially constitute greeting Forsameikle as out of the royall and fatherly care which We have had of the good and peace of this Our ancient and native Kingdome having taken to Our serious consideration all such things as might have given contentment to Our good and loyall subjects And to this end had discharged by Our Proclamation the Service Booke Booke of Canons and high Commission freed and liberate all men from the practising of the five Articles made all Our subjects both ecclesiasticall and civill liable to the censure of Parliament generall Assembly or any other Judicatorie competent according to the nature and qualitie of the offence and for the free entrie of Ministers that no other oath be administrate unto them then that which is contained in the Act of Parliament had declared all by-gone
Our Commissioner acknowledged so much is all of equall untruth with the former for neither have they satisfied the Bishops reasons propounded in their Declinator nor gave they any satisfaction to Our Commissioner his eleven Articles or Demands and that Our Commissioner acknowledged that hee had received satisfaction to them is so manifest an untruth as they themselves doe know there is no colour for it They affirme within a few lines after that Our Commissioner did know before the indiction of the Assembly that ruling Elders were to have voices in the election of Commissioners from Presbyteries He did know it indeed but could not tell how to helpe it and so soone as he did know it which was immediately before the indiction of the Assembly he did sharply expostulate it with them and assured them that it would induce a nullitie upon the elections made to the Assembly That We would never allow any for members of the Assembly who were so chosen That he had notice of this their intention by the complaints of many covenanting Ministers who were resolved to protest against all such elections but that he did know of any such elections with approbation of them cannot be charged upon him And whereas they say that these elections are agreeable to the Acts and practice of that Church they have received already a sufficient challenge to make that good which undoubtedly they cannot And where they adde that not one of the Assembly doubted thereof it is well knowne that some of the Ministers of Edinburgh and many more Ministers of the Assembly did grieve at it but did not know how to remedy it The whole third Section is so derogatorie to Our Royall authoritie and indeed doth so unworthily debase the authoritie of Monarchs as it is not to be answered any way but by justice for it giveth no more power to Us if We had beene present and sitting at the Assembly at Glasgow then Thomas Patterson a Taylor of Edinburgh had who sate Commissioner there After they subjoine some reasons for their Protestation In the first they affirme that the Assembly was constituted by the word of God but they doe not prove it and sure never will Then they affirme that Our Commissioner acknowledged the lawfulnesse of their Assembly by assisting therein seven dayes but they conceale that he solemnely protested and entred his particular Protestation against every thing they said or did in it and if hee who protesteth against a thing may be said to acknowledge the lawfulnesse of it then it may be that they themselves doe acknowledge the justice and equitie of all Our Proclamations and Our power and authoritie in discharging of this Assembly notwithstanding all their Protestations made against these And for Our Commissioner his exhibition of Our Royall Declaration to be registred in the Bookes of this Assembly let the Reader remember the Protestation before mentioned which Our Commissioner made when he did so and that scruple is quickly removed Their second and third reasons are of their owne fancies They have lately sworne so and to that sense they have explicated their Covenant therefore it must be so But they did wrong in both and therefore none must follow them in either for every Oath unlawfully taken is unlawfully kept Their fourth reason hath not one true word in it for there is Law for Our authoritie to dissolve the Assembly there being an expresse Act of Parliament which giveth Us the sole power of indicting of an Assembly viz. the first act of the 21. Parliament of Our Royall Father and sure ejusdem est destituere cujus est instituere whosoever hath the power of indicting hath the power of dissolving They adde that there is no preceding practice for it We wonder they can or dare affirme it Did not Our Royall Father discharge that Assembly at Aberdene and when some few turbulent Ministers did notwithstanding hold it were they not convented before the Lords of his Councell for it who undoubtedly had punished them most severely if by their declining of the Councells authoritie and appealing to a Generall Assemblie they had not falne into an act of treason and so by Our Councell were turned over to the Judges in criminall causes before whom by a Jurie or Assise they were found guiltie of treason for that act of declining Our Royall Father and his Councells authoritie all which we touched a little before And that by clayming Our power to indict or dissolve the Assemblies of the Church We doe infringe the priviledge and liberties of the Church or doe any act not consistent with the Oath which We took at Our Coronation in that Kingdome as is suggested in this fourth reason is most falsly and most seditiously affirmed onely for drawing away of the hearts of Our good subjects from Us and our government The Act of Parliament for Our sole power of indicting Assemblies here followeth A ratification of the Acts and conclusions set down and agreed upon in the generall Assembly of the Church kept in Glasgow in the month of June 1610. together with an explanation made by the Estates of some of the Articles of the same CHAP. I. The act is long and hath many branches We only recite two First it confirmes that Act of the Assembly which acknowledgeth the indiction of the general Assemblie of the Church to appertaine to his Majestie by the prerogative of his Royall Crowne and in the last branch of the act Our Royall Father and the three Estates doe annull and rescind the 114. Act of the Parliament held in Anno 1592 which did give some power to the generall Assemblie in some cases of themselves to indict a new Assemblie Their fifth reason conteineth an instance of an Assemblie that would not stay a Processe which they had intended against Archbishop Montgomerie the Archbishop of Glasgow nor yet dissolve it selfe notwithstanding they were charged by Our Royall Father and his Councell with Letters of Horning and Rebellion to doe one of the two An excellent argument Because one Assembly did wickedly and that which they could not doe we must doe so likewise as if many yeeres hence an Assembly being charged by one of Our Successours to dissolve should not obey but alledge for their defence That this Assembly of Glasgow would not dissolve it selfe notwithstanding the members thereof were charged by Us to doe so under paine of treason as if one unjust act could justifie another But they should doe well to remember that those who did but offer to hold an Assembly at Aberdene after it was discharged by Our Royall Father were first convented before his Councell and afterwards severely punished for it In their sixth reason there is no Reason to be found In their seventh reason they alledge that they cannot rise untill they have found Our Covenant and theirs to be all one If by their Covenant they meane the Confession of Faith and Covenant annexed which was first injoyned by Our Royall Father and twice
unlesse they bee required so to doe by such as shall have lawfull authoritie from his Majestie to administer it unto them being confident that none either will or can take the said oath or any other oath in any sense which may not consist with episcopall government having his Majesties sense and so the sense of all lawfull authority fully explayned to them HAMILTOUN THat episcopall jurisdiction was in force by acts of parliament no wayes abolished nor suppressed in the yeare 1580. nor at the time of reformation of religion within the realm of Scotland doth evidently appeare by the acts of parliament after mentioned First by the parliament 1567. cap. 2. whereby at the time of reformation the Popes authoritie was abolished it is enacted by the said act That no bishop nor other prelate in this realme use any jurisdiction in time coming by the bishop of Romes authority And by the third act of the same parliament whereby it is declared That all acts not agreeing with Gods word and contrary to the confession of faith approved by the estates in that parliament to have no effect nor strength in time to come Whereby it is evident that it was not the reformers intētion to suppresse episcopacie but that bishops should not use any jurisdiction by the bishop of Rome his authority seeing they did allow episcopacie to cōtinue in the church that they did not esteeme the same contrary to Gods word and confession foresaid as appeares more clearly by the sixth act of the said parliament which is ratified in the parliament 1579. cap. 68. whereby it is declared That the ministers of the blessed Evangell of Iesus Christ whom God of his mercie hath now raised up amongst us or hereafter shall raise agreeing with them that now live in doctrine or administration of the sacraments and the people of this realme that professe Christ as hee is now offered in his Evangel and doe communicate with the holy sacraments as in the reformed kirks of this realme they are publickly administrate according to the confession of the faith to be the only true and holy kirk of Iesus Christ within this realme without any exception by reason of policie and discipline declaring only such as either gain-say the word of the Evangel according to the heads of the said confession or refuse the participation of the holy sacraments as they are now ministrate to bee no members of the said kirk so long as they keep themselves so divided from the societie of Christs body Whereby it is manifest that it was not the said reformers minde to exclude any from that society by reason of discipline and that they did not at that time innovate or change any thing in that policie they found in the said kirk before the reformation This is likewaies evident by the oath to be ministred to the king at his coronation by the eigth act of the said parliament wherby he is to sweare to maintaine the true religion of Iesus Christ the preaching of his holy word due and right ministration of the sacraments now received and preached within this realme and shall abolish and gainstand all false religion contrarie to the same without swearing to any innovation of policie and discipline of the kirk Secondly it doth evidently appeare by these subsequent acts of parliament that by the muncipall law of this realme archbishops and bishops was not only allowed in the kirk but also had jurisdiction and authority to governe the same First by the 24. act of the said parliament whereby all civill priviledges granted by our soveraigne Lords predecessors to the spirituall estate of this realme are ratified in all points after the form tenor therof And by the 35. act of the parliament 1571. whereby all and whatsoever acts and statutes made of before by our soveraigne Lord and his predecessors anent the freedome and liberty of the true kirke of God are ratified and approved By the 46. act of the parliament 1572. whereby it is declared that archbishops and bishops have the authority and are ordained to conveen and deprive all inferiour persons being ministers who shall not subscribe the articles of religion and give their oath for acknowledging and recognoscing of our soveraigne Lord and his authority and bring a testimoniall in writing thereupon within a moneth after their admission By the 48. act of the same parliament whereby it is declared that archbishops and bishops have authority at their visitations to designe ministers gleibes By the 54. act of the said parliament whereby archbishops and bishops are authorized to nominate and appoint at their visitations persons in every parochin for making and setting of the taxation for upholding and repairing of kirks and kirk-yards and to conveene try and censure all persons that shall be found to have applied to their own use the stones timber or any thing else pertaining to kirks demolished By the 55. act of the parliament 1573. whereby archbishops and bishops are authorized to admonish persons married in case of desertion to adhere and in case of disobedience to direct charges to the minister of the parochin to proceed to the sentence of excommunication By the 63. act of the parliament 1578. whereby bishops and where no bishops are provided the Commissioner of diocesses have authority to try the rents of hospitals and call for the foundations thereof By the 69. act of the parliament 1579. whereby the jurisdiction of the kirk is declared to stand in preaching the word of Iesus Christ correction of manners and administration of the holy sacraments and yet no other authority nor office-bearer allowed and appointed by act of parliament nor is allowed by the former acts but archbishops and bishops intended to continue in their authority as is clear by these acts following First by the 71. act of the same parliament whereby persons returning from their travels are ordained within the space of twenty dayes after their returne to passe to the bishop superintendent commissioner of the kirks where they arrive and reside and there offer to make and give a confession of their faith or then within fourtie dayes to remove themselves forth of the realme By the 99. act of the parliament 1581. whereby the foresaids acts are ratified and approved By the 130. act of the parliament 1584. whereby it is ordained that none of his Majesties lieges and subjects presume or take upon hand to impugne the dignitie and authoritie of the three estates of this kingdome whereby the honour and authority of the Kings Majesties supreme court of parliament past all memorie of man hath beene continued or to seek or procure the innovation or diminution of the power and authoritie of the same three estates or any of them in time coming under the paine of treason By the 131. act of the same parliament wherby all judgements jurisdictions as well in spirituall as tēporall causes in practice custome during these twenty foure yeares by-past not approved
by his Highnes and three Estates in parliament are discharged and whereby it is defended That none of his highnes subjects of whatsoever qualitie estate or function they bee of spirituall or temporall presume or take upon hand to convocate conveen or assemble themselves together for holding of councels conventions or assemblies to treat consult or determinate in any matter of estate civill or ecclesiasticall except in the ordinary judgements without his Majesties speciall commandment or expresse licence had and obtained to that effect By the 132. act of the said parliament authorizing Bishops to try and judge ministers guilty of crimes meriting deprivation By the 133. act of the same parliament ordaining Ministers exercing any office beside their calling to be tried and adjudged culpable by their Ordinaries By the 23. act of the parliament 1587. whereby all acts made by his highnesse or his most noble progenitors anent the Kirk of God and religion presently professed are ratified By the 231. act of the parliament 1597. bearing That our Soveraigne Lord and his highnesse estates in parliament having speciall consideration of the great priviledges and immunities granted by his highnesse predecessors to the holy Kirk within this realme and to the speciall persons exercing the offices titles and dignities of the prelates within the same Which persons have ever represented one of the estates of this realme in all conventions of the said estates and that the said priviledges and freedomes have been from time to time renued and conserved in the same integritie wherein they were at any time before So that his Majestie acknowledging the same to he fallen now under his Majesties most favourable protection therefore his Majesty with consent of the estates declares that the Kirk within this realme wherein the true Religion is professed is the true and holy Kirk And that such ministers as his Majestie at any time shall please to provide to the office place title and dignitie of a Bishop c. shall have vote in parliament sicklike and al 's freely as any other Ecclesiasticall prelate had at any time by-gone And also declares that all bishopricks vaicking or that shall vaick shall be only disponed to actuall preachers and ministers in the kirk or such as shal take upon them to exerce the said functiō By the 2. act of the parliament 1606. whereby the ancient and fundamentall policie consisting in the maintenance of the three estates of parliament being of late greatly impaired and almost subverted especially by the indirect abolishing of the Estate of Bishops by the act of annexation Albeit it was never meaned by his Majestie nor by his estates that the said estate of bishops being a necessary estate of the parliament should any wayes be suppressed yet by dismembring and abstracting from them of their livings being brought in contempt and povertie the said estate of bishops is restored and redintegrate to their ancient and accustomed honour dignities prerogatives priviledges lands teindes rents as the same was in the reformed kirk most amply and free at any time before the act of annexation rescinding and annulling all acts of parliament made in prejudice of the said bishops in the premisses or any of them with all that hath followed or may follow thereupon to the effect they may peaceably enjoy the honours dignities priviledges and prerogatives competent to them or their estate since the reformation of religion By the 6. act of the 20. parliament declaring that archbishops and bishops are redintegrate to their former authority dignitie prerogative priviledges and jurisdictions lawfully pertaining and shall be knowne to pertain to them c. By the 1. act of the parliament 1617. ordaining Archbishops and Bishops to be elected by their Chapters and no other wayes and consecrate by the rites and order accustomed This is the Explanation and now followeth their answer which shall receive no reply as being confident that there is nothing in it that hath weakened any thing contained in the five reasons Onely where there is any new or dangerous position of theirs or any other thing which may seeme with any shew fit to be observed you shall finde it noted upon the margine as it here ensues AN ANSVVER TO THE PROFESSION AND DECLARATION Made by JAMES Marquesse of HAMILTON His MAIESTIES high Commissioner at Edinburgh An. 1638. in December THis ancient Kingdome although not the most flourishing in the glory and wealth of the World hath been so largely recompensed with the riches of the Gospel in the reformation and puritie of Religion from the abundant mercy free grace of our GOD towards us that all the reformed Kirks about us did admire our happinesse And King JAMES himselfe of happy memory gloried that he had the honour to be born and to be a King in the best reformed Kirk in the world Those blessings of pure doctrine Christian government and right frame of discipline we long enjoyed as they were prescribed by GODS own word who as the great Master of his family left most perfect directions for his own oeconomie and the whole officers of his house till the Prelats without calling from GOD or warrand from his word did ingire themselves by their craft and violence upon the house of GOD. Their craftie entry at the beginning was disguised under many cautions and caveats which they never observed and have professed since they never intended to observe though they were sworn thereto Their wayes of promoving their course were subtile and cunning as in abstracting the registers of the Kirk wherein their government was condemned in impeding yearly generall Assemblies whereunto they were subject and comptable and generally in enfeebling the power of the Kirk and establishing the same totally in their own persons whereby in a short time they made such progresse that being invested in the prime places of estate and arming themselves with the boundlesse power of the high Commission they made themselves lords over GODS inheritance and out of their greatnesse without any shew of order or Councell without advise of the Kirk but at their own pleasure enterprised to alter and subvert the former doctrine and discipline of this Kirk and introduce many fearefull corruptions and innovations to the utter overthrow of Religion and to make us no lesse miserable then we were happy before These pressing grievances did at length awake the good Subjects to petition his Majesty and his Councell for redresse And albeit at last after many reiterated supplications and long attendance his Majestie hath been graciously pleased to grant a free generall Assembly yet in the beginning by the credit of the Prelates and their commoditie of accesse his Royall eare was long stopped to our cryes and wee discharged under the paine of treason to meet for making any more remonstrances of our just desires In this distresse none other mean nor hope of redresse being left wee had our recourse to GOD who hath the hearts of all Kings and Rulers in his hand and
therefore taking to our heart that GOD had justly punished us for the breach of that nationall Covenant made with GOD in Anno 1580. We thought fit to reconcile our selves to him again by renewing the same Covenant And so in obedience to his divine Commandement conforme to the practise of the godly in former times and according to the laudable example of our religious Progenitours warranted by acts of Councell we again renewed our confession of Faith of this Kirk and Kingdome as a reall testimony of our fidelitie to GOD in bearing witnesse to the truth of that Religion whereunto we were sworn to adhere in Doctrine and Discipline of our loyaltie to our Soveraigne and mutuall union among our selves in that cause Which Confession with a sensible demonstration of GODS blessing from heaven was solemnly sworn and subscribed by persons of all ranks throughout this Kirk and Kingdome with a necessar explanation and application for excluding the innovations and corruptions introduced in the Religion and government of this Kirk since the yeare 1580. that so our oath to GOD might be cleare for maintenance of the doctrine and discipline then professed and established and according to the meaning of that time The happie effects of this our resolution and doing have been wonderfull And since that time GODS powerfull hand in the conduct of this businesse hath evidently appeared For after some time upon the continuance of our groanes and supplications our gracious Soveraigne was pleased to send into this Kingdome The noble Lord JAMES Marques of Hamiltoun c. with commission to heare and redresse our heavie grievances who after many voyages to his Majestie and long conferences and treating with us needlesse to be related in this place did in end by commandement from his Majestie indict a free generall Assembly to be holden at Glasgow the twentie one of November last and proclaimed a Parliament to be holden at Edinburgh the fifteenth of May next to come for setling a perfect peace in this Kirk and Kingdome And further to give full assurance to the Subjects that his Majestie did never intend to admit any change or alteration in the true religion already established and professed in this Kingdome And that all his good people might be fully and clearly satisfied of the realitie of his royall intentions for the maintenance of the truth and integritie of the said Religion his Majestie did injoyn and command all the Lords of his privie Councell Senatours of the Colledge of Justice and all other Subjects whatsoever to renew and subscribe the confession of Faith formerly subscribed by King JAMES of blessed memory and his houshold in Anno 1580. and thereafter by persons of all ranks in Anno 1581. by ordinance of the Councell and acts of the generall Assembly and againe subscribed by all sorts of persons in Anno 1590. by a new ordinance of Councell at the desire of the generall Assembly with a band for maintenance of the true Religion the Kings person and each of other in that cause as the Proclamation of indiction being dated at Oatlands the 9. of September published at the Mercat crosse of Edinburgh the 22. of the said moneth more fully proporteth Upon the hearing of which Proclamation These who were attending at Edinburgh and expecting a gracious answer of our former desires as out of bounden dutie they did with all thankfulnesse acknowledge his Majesties gracious favour So out of zeale to GOD and Religion they did protest that they who had by the late Covenant and Confession condescended more specially to the innovations and errours of the time could not after so solemne a specification returne to an implicit and more generall confession enjoyned conforme to a mandat apparantly discrepant from the genuine meaning of the confession and wanting both explication and application and did most humbly and earnestly desire the Lords of his Majesties Councell that they would not in regard of the former reasons presse upon the Subjects the subscription of this Covenant but that they might be pleased to forbeare their own subscribing of it in respect of the inconveniences might result upon their subscribing thereof in an ambiguous sense but their Lordships not having subscribed that confession containing our former explanation and being required by his Majesties Commissioner to subscribe the Confession as it was drawne up and presented to them without our explanation with a generall band for maintenance of the Religion in Doctrine and Discipline now presently profest and of his Majesties person least these words now presently repeated in this year 1638. should inferre any approbation of these innovations introduced since the year 1580. whereof many did justly complaine after deliberation for removing of this scruple and prejudice and clearing of their own meaning they caused make an act of Councell that their swearing and subscribing of the confession of Faith was according to the tenour and date the second of March 1580. according as it was then profest within this Kingdome whereupon they rested satisfied being confident that the generall Assembly then indicted would remove any doubt and differ which might arise anent the meaning and interpretation of the confession of Faith and clear what was profest in the year 1580. Yet some having subscribed that Covenant in different senses others forbearing to subscribe the same as some of the Lords of Session till the Assembly should declare the genuine and true meaning of the Confession upon whose interpretation as of the onely competent Judge they might acquiesce and rest satisfied which now after accurate tryall of the acts of generall Assemblies and mature deliberation is fully cleared and explained in this last generall Assembly by GODS mercy and his Majesties gracious favour of indiction holden at Glasgow as the act made thereupon doth proport whereby Episcopall government mongst many other innovations is found upon undeniable evidences of truth and declared to be condemned and abjured in this Kirk in Anno 1580. There is notwithstanding published in name of his Majesties Commissioner a declaration tending to disswade his Majesties Subjects from receiving the explanation of the confession made by this Assembly and affirming that the confession subscribed by the Councell doth no wayes exclude Episcopall government nor any thing else established by laws standing in force the time of the taking of the said oath the ninth of September last notwithstanding the foresaid act of Assembly which as the decree of our mother Kirk ought to be received and reverenced by all her children and act of Councell whereof the words are so cleare as they cannot admit any mentall reservation which is acknowledged by such of the Councellers then present and subscribers whose hearts GOD hath touched to make the sense of their oath to GOD preponder with them above all other worldly respects and fears THis declaration containeth five arguments with a boundle of acts of Parliament quotted and drawne up by some persons whom we know not but seen and approven by the
bee established by a Parliament whose power doth no more reach to the placeing officers originally in the Kirk then the Kirks power to the making states men in the common-wealth Fifthly the lawes which any wayes contribute to the introduction of Episcopacy do only extend to civill privileges and were alwayes protested against by the Kirk as contrarie to the nationall Covenant of this land Sixthly if any Assembly can be pretended to countenance Episcopacie or other corruptions it sufficeth to say that the same with all the acts thereof is declared to have been nul and void ab initio for undeniable reasons as the act at more length proports Seventhly the breach of our nationall Covenant by introduction of corruptions therby abolished hath undoubtedly in high measure offended God and therefore at the renovation of that Covenant againe with God we ought not only to abjure al these innovatiōs but hereafter should be carefull not to be relapse in our offence Eightly in no Covenant Episcopacie is expresly or specifice abjured before all Ecclesiasticall lawes favouring the same was repealed declared null but only virtually and generally as being formerly abjured in anno 1580. And as the tryall hereof was referred to the Assembly as the only Judge competent so now when the Assembly hath declared found Presbyteriall government to have been approved Episcopall government condemned abolished and abjured in anno 1580. and in liew of perceiving that Episcopacie is of an Apostolick institution have clearly seen that it is justly condemned in our Kirk as the invention of man wanting warrand or fundament in the word of God tending to the overthrow of this Kirk Therfore albeit Episcopacie had been abjured expresly in the renovation of this Confession commanded by his Majestie it was not unlawful but most necessary and incumbent to us all who are tyed by that nationall Covenant against that unlawful Hierarchicall government albeit we had never renewed the same But we are falsly calumniat to have condemned the name of a Bishop even as it is used in Scripture which the act of Assembly it selfe sufficiently refutes by allowing S. Pauls Bishops to-wit Pastours of a particular flock and condemning only al other Bishops brought in without the warrand of Scripture The second reason in the Declaration is that the oath for preserving the discipline and government of the Kirk cannot oblige after the alteration change of that discipline government and seeing the Discipline and government of the Kirk is not only alterable but chāged in this Kirk we are not tyed by that oath after the alteration Wherunto we answer first that it is true that policie and order in ceremonies is temporarie and may bee changed as is meaned in that article of the Confession cited in the declaration But a Bishop or his office or the government of Gods house cannot be called a ceremony nay they will be loath to be vilified by that appellation but if it be a ceremony they are of no Apostolick constitution as is mentioned in the first reason so that if they be lawfull governours in Gods house warranted by his word they are not alterable and so this second reason militats not for them if their office be changeable and accounted among alterable ceremonies they are well exploded from our Kirk may be so by that second reason of the declaration 2. One cause of generall Councels is for constituting a good order and policie in ceremonies which is grounded upon the last verse of the 14. Chap. to the 1. Corinth willing that all things bee done decently and in order wherein the Lord giveth not power to institute new officers in his Kirk but commandeth his owne officers to exerce their functions by his commandements without indecencie or confusion in the variable circumstances thereof to be determined according to the present occasions of edification 3. In the 15. Chap. of the same confession of Faith all mens inventions in matters of Religion are condemned And in the 19 Chap. Ecclesiasticall discipline uprightly ministred as Gods word prescribeth Matth. 18. 1. Cor. 5. is set down as the third essentiall and unchangeable marke of the true Kirk of God and so is not of that nature with temporarie changeable ceremonies though unwarrantably ranked with them in the declaration 4. It is evident at our first reformation what policie was perpetuall and what ceremonies changeable for in the first booke of Policie compyled that same yeare with the Confession 9 head is expressed a two-fold policie of the Kirke The one absolutely necessary in all Kirks the other not necessar but changeable such as what day of the week sermon should bee and the like whereof they established no order but permitted every particular Kirk to appoint their own policie as they thought most expedient for edification if parity of reason will make Episcopacie of this nature let all men judge 5. Our confession speaketh of an order in ceremonies which cannot bee appointed for all ages as is before said But when they speak of the office-bearers in the Kirk they acknowledge according to the truth that Christ himselfe appointed an ordinare constant government of his Kirk by his four ordinar office-bearers The Pastor Elder Doctour Deacon to administrat the same perpetually as is set downe in the first booke of Discipline and in the treatise before the Psalmes which was drawn up at that same time and allowed by the same persons Like as in the yeare of God 1560. when that confession was made in the yeare 1567. when it was ratified and by continuall acts of Assembly and by the second book of Discipline The government of Christs Kirk by these foure ordinarie office-bearers is set down as founded only upon the Word of God as constant unchangeable and perpetuall and as that holy discipline without which Gods word cannot be preserved so that the intruding of any other officer in Gods house was accounted an offence against the Lord of the house 6. By our oath we are obliged to continue in obedience of discipline as well as doctrine because they are both grounded on the Word of God without the warrand whereof all traditions that are brought in are abjured and the discipline of the Kirk of Scotland is set down in the book of policy as grounded on Gods word commanded to continue to the worlds end whereunto we have sworn and cannot without perjury to God gainsay it like as the Assembly ordaines the discipline of the Kirk to bee subscribed as such and the act of Parliament 1592. Ratifieth the discipline of the Kirk as a privilege granted by God whereinto the Kings prerogative cannot bee prejudiciall 7. It carrieth no shew of argument or face of probabilitie that the Kirk and reformers of Religion which condemneth all other ordinar officers in the Kirk but these foure appointed by Christ did mean under the name of variable ceremonies to comprehend and admit Episcopacy which frequently they condemne as
meaning but the renovation of the old oath which can admit no new destructive sense but must be sworn conforme to the genuine originall first meaning 2. That oath was justly refused by us upon that ground of discrepance amongst many others and such like was not received by the Councell till they declared their meaning by act simul semel with their subscription 3. We doe not meddle with the Kirks of England or Ireland but recommends to them the paterne shown in the Mount all our arguments and proceedings being for the Kirk of Scotland where from the time of her more pure reformation then of her sister Kirks Episcopacie hath ever been abolished till the latter times of corruption So that though his Majestie hath hitherto maintained Episcopacie in Scotland because his Majestie wanted the meanes to be informed of the acts of this Kirk yet we know that God hath so richly replenished his Royall breast with such justice and pietie that when his Majestie shall receive perfect information wee are confident that He will never desire any change or alteration in our ancient Kirk government and discipline Especially now when his Majesty hath caused the maintainance thereof to be religiously sworn The fift and last reason is that we can never make it appeare that Episcopall government at the first time of administering the oath was abolished the very words of that confession of Faith immediatly after the beginning of it being these Received beleeved and defended by many and sundry notable Kirks and Realmes but chiefly by the Kirk of Scotland the Kings Majestie and three Estates of this Realme as Gods eternall truth and onely ground of our salvation Whereupon is inferred that Bishops Abbots and Pryors made up at that time a third Estate of this Realme which gave approbation to the confession of Faith and therefore this third Estate did not abjure Episcopacie And albeit it had bin abolished by acts of Assembly yet it was not so by act of Parliament but in force by many of them standing unrepealed which are annexed to the reasons Which being the acts of a Monarch his three Estates are never repealable by any Ecclesiasticall nationall Synod For answer hereunto 1. It doth appeare and is manifest by the Registers and acts of Assembly that before the subscription of the Confession at the time thereof and thereafter That Abbots Priors and Bishops were so clearly evidently and expresly condemned in this Kirk That the best wits of this age opposers of Episcopacy cannot yet require one sillable to be added for farther assurance and the most able maintainers thereof could not pick any quarrell to the clearnesse of the expression 2. The clause citted in the reason is onely anent the doctrine and not anent the discipline which thereafter is determined and the Hierarchie detested And the Discipline of the Kirk sworn unto 3. Albeit that clause were of discipline yet it maketh nothing for Bishops except by inference that they are comprehended under the name of the third estate which cannot be so understood for collections by way of inference or ex consequenti cannot be adduced against the expresse acts of the time wherein the makers signifie their minds in clear termes apertissime dicendo leaveth no place to presume the contrare especially in this kingdome where these expressions of stylus curiae are carefully observed without change which may be seen in the same case by many Parliaments where it is not our that no Prelate was present or allowed and yet the acts proporting to be made by his Majestie and three Estates are interpreted by the quoter as made by the Prelats with others 4. Episcopacie was abolished not only by acts of Assembly but there is no standing laws for Episcopall government but some against the same as shall be evident in the answer made to the acts of Parliament subjoyned hereto but if there be any Acts of Parliament standing for Episcopacie the Kings Majestie his Commissioner the Councell the Collective-body of the Kingdome hath actually renunced the same by returning to the doctrine and discipline 1580. whereunto Episcopacie is contrare which God-willing may also be inacted at the next Parliament proclaimed to be holden by his Majestie in May 5. The acts of the Assembly and the book of Policie in the 1. and 10. chapter putteth clear merches betwixt civill and Ecclesiasticall jurisdiction making every one independent in matters properly belonging to their owne judicatorie and every one subject to the other in matters properly belonging to that other So that as the Assembly cannot make civill laws nor repeal them nor imped the Parliament from making or repealing civill laws no more can the Parliament make Ecclesiasticall laws originally nor repeal or hinder the lawfull Assemblies to repeal the same For albeit acts of the Assembly are and may be ratified in Parliament that is only that the civill sanction may concur with the Ecclesiasticall constitution But will not stop the Assembly to recall their owne act which being adnulled by them the civill ratification and sanction fals ex consequenti For to maintain that the Kirk may not repeal her own acts ratified once in Parliament is so derogatorie to Christs prerogative and ordinance to the liberty of the Kirk and freedome of the Assembly to the nature end and reason of all Ecclesiasticall jurisdiction as we have more largely cleared in the Protestation 22 September last that we beleeve few or none will be of that opinion All these Five objections and many more was agitate and discussed in the Assembly before the act anent Episcopacie was made And seeing the generall Assembly of the Kirk of Scotland indicted by his Majestie now holden at Glasgow which is the only Judge competent and fit interpreter to remove and explaine all doubts arising upon the confession of Faith hath after long religious and mature declaration exponed the same and clearly found that Episcopall government in this Kirk amongst other corruptions is abjured by the confession of Faith as the same was profest within this Kingdome hath discharged all subscription to the Covenant subscribed and interpreted by his Majesties Commissioner hath commanded the Covenant subscribed in Februare with the application to be now subscribed according to her present determination therefore wee trust that the knowledge hereof will be a sufficient warning to all good Christians and Patriots that they subscribe not the one and that they subscribe the other according to the genuine and true meaning thereof declared by the Kirk allennerly and of no contrary incompatible sense as they would eshew the crime and danger of a contradictory oath and we would most humbly and earnestly beg of his Sacred Majestie from the bottome of our hearts that his Majestie would be graciously pleased to command that the same may be so subscribed conforme to the declared explanation of the Kirk which would prove the greatest happinesse and joy that ever befell these
disconsolated Subjects of this nation who though unjustly branded with many calumnies yet never have nor ever shall swerve from our loyalty due to the Lords anoynted But would readily imbrace any occasion to imploy our lives and fortunes for his Majesties service and honour who we heartily pray God may long and happily ring over us There is annexed to this Declaration a quotation of sundry acts of Parliament to prove that Episcopall government was not abolished in the yeare 1580. whereunto albeit there is no necessity of answer seeing the meaning of the Kirk of Scotland in her Confession of Faith is onely to be sought from her self and the registers of her Assemblies and not from the Parliament yet the same shall be specially answered in the order that they are alleadged after these two generals are offered to the Reader his consideration 1. After the reformation of this Kingdome the Kirk was still wrestling against all corruptions and especially against Episcopacie But though they clearly and frequently condemned the same yet the power of the enemies of reformation withstood them long so that her owne policy could not be obtained ratified expresly specifice in Parliament till the yeare of God 1592. which abrogateth all those proceeding acts alledged in the contrare 2. That acts of Parliament can no more make Ecclesiasticall offices nor give Ecclesiasticall priviledges nor the acts of Assembly can establish civill offices of Estate or grant to them civill priviledges each Judicatorie being properly confined within their owne spheres But before the acts of Parliament be particularly marked and cited there be two reasons prefixed the one taken from some acts of Parliament 1567. cap. 2.3.6 and cap. 68. Par. 1579. The other from the oath ministred to the King at his coronation for the act of Parliament 1567. Bearing that no Bishop nor other Prelate in this Realme use any jurisdiction in time comming by the Bishop of Romes authority It is evident hereby that Episcopacy is altogether condemned as all other Prelacie was for before that time they had no jurisdiction but from the Pope and therefore being discharged to execute that they are discharged by the act to execute any at all That this is the true meaning and scope of that act is manifest because the Kirk in the book of common order and in the first book of discipline at that same time acknowledgeth no other ordinary office bearers appointed by Christ in Ecclesia constituta But the Pastor Doctour Elder and Deacon and in her Assemblies at that same time was still censuring these who were called or designed Bishops by reason of their benefices as is instructed by the acts printed before the book of discipline And therefore in the act of Councell 1560. made in the same yeare by these same persons ratifying the first book of discipline they provided only that Bishops Abbots Pryors c. Being protestants brook their revenewes during their life-times they sustaining Ministers in the meane time 2. In the yeare 1566. which precedes that Parliament the Kirk of this Kingdome approved the Confession of Helvetia wherein the parity of Ministers is preferred as Gods ordinance warranded by his word to Episcopacy as an humane consuetude 3. Because at that time the Queene had restored the Archbishop of S. Andrews therefore the Kirk supplicated the Nobility of the Kingdome against that restitution which they condemne as the curing of the head of the beast once wounded within this land Wherein they expresly ground themselves upon the said act of Parliament being before made in the year 1560. as a certaine abrogation of the Arch-bishops authority 4. In the 2. book of discipline chap. 11. the Kirk useth the same act of Parliament as an abrogation of the Papisticall Kirk and Papisticall jurisdiction and thereby of Episcopall jurisdiction and power 5. The Kirk thereafter in the same chapter declareth their uniformity of this meaning by urging the act of Parliament 1567. printed amongst the black acts and renewed in the Parliament holden 1579. which immediately followeth the act here cited declaring that no other Ecclesiasticall jurisdiction shall be used within this Realme but that which is and shall be in the reformed Kirk and floweth therefrom and they urge that none under the abused titles in Papistry of Prelates c. attempt to claime the benefite of any act of Parliament having no commission of the reformed Kirk within this Realme Whereby our Kirk declared all Episcopall jurisdiction to be Papisticall Which is the true meaning of the word his Hirarchie in the short confession For their jurisdiction could flow from none other but from the Pope Seeing it flows not from the Kirk but was abolished and condemned by them as is cleare by the Registers of the Assembly 6. The acts doe abolish all Papisticall jurisdiction And therefore all Episcopall jurisdiction because Episcopall policy and jurisdiction is Papisticall as is acknowledged by many and specially by Doctor Poklingtun Chaplaine to the Bishop of Canterbury who deduceth a continuall lineall succession from Peter through the whole Popes unto the present Arch bishop of Canterbury and by the quotter himselfe who alledgeth albeit falsly that this Kirk retained the Papisticall Policy and government 6. Where it is said in the reason that our Kirk did not innovate any thing in that Policy which they found in the Kirk before the reformation the same is controlled by the book of Common prayer first book of Discipline and acts of the Assemblies And for the 6. act 1567. and the 68. act 1579. The same doth not only not mention Bishops but declareth the true Kirk to consist only of Ministers of the Gospell then living and these who thereafter should rise agreeing with them in doctrine and administration of the Sacraments and the people as the members thereof which directly excludeth Bishops against whom the doctrine and practise of this Kirk continually sounded especially at that time For in the government of this Kirk by weekly meeting of Ministers Elders and reformed townes from the yeare 1560. to the yeare 1576. except the interim of the pretended convention at Leeth 1572. and from the yeare 1575. to the year 1581. The Assemblies for the most part were imployed in abolishing the corruptions of Episcopacy and in establishing the setled Policy which was agreed upon 1578. In the second book of Discipline In the which acts of Assembly and book of Discipline is set down at large the doctrine of the Kirk of Scotland anent that discipline as grounded and well warranded in the word of God and against Episcopall jurisdiction as an unlawfull humane invention So that Episcopacy being contrary to the doctrine of the Kirk of Scotland 1579. The Bishops disagreeing from the Ministers of the Evangel then living in doctrine and in the use and administration of the Sacraments are declared by the said acts to be no members of this Kirk and the same acts cited for them doe sufficiently evince that
Episcopacy was still condemned notwithstanding all opposition made in the contrare As for the Kings oath the same containeth no mention of Bishops but by the contrary the King is obliged thereby to maintaine the true Religion of Jesus Christ the preaching of his holy word and right administration of the Sacraments then received and preached within this Realme And seeing it is cleared by the preceeding relation that Bishops were never allowed but oppugned by the Kirk of Scotland that oath doth not allow but exclude Episcopacy which is also more perspicuous in the short confession 1580. and 1581. when the Kirk set downe her constant policy in Doctrine and Discipline grounded upon the word of God wherein the Hierarchie is abjured as contrary thereto and craved an oath from his Majesty for maintenance thereof which now also our gracious Soveraign in the judgement of the Kirk of Scotland is obliged to maintaine as being founded upon the word of God and exclusive of Episcopacie as repugnant thereto The acts of Parliament thereafter particularly cited are these mentioned in order The 24. act 1567. ratifying all civill priviledges formerly granted to the spirituall estate and the 35. act 1571. Ratifying all acts made anent the freedome and liberty of the true Kirk the same cannot bee extended to the establishing of Episcopacy because it is not mentioned in these acts but by the contrary was abolished by the acts of the Assembly and Parliament before mentioned so that the priviledges therein mentioned are granted to such Kirk-men as then were received by the Kirk and Kingdome and the freedome of the Kirk must be interpret by her owne judgement who thought ever Episcopall jurisdiction an heavy bondage and yet those priviledges can inferre no spirituall jurisdiction but only civill priviledges some immunities and extemptions granted for the goods and persons of Kirk-men as is cleare 1. act Iames 1. Par. 1. and 26 act Par. 2. Iames 1. and 4. act Par. 3. Iames 2. with many others It is here to be observed that the carefull evolver of these acts of Parliament hath omitted to cite the 7. act 1. Parliament of King Iames 6. bearing the examination and admission of Ministers to be only in the power of the Kirk then openly and publickly profest and presentations to be made to Superintendents or others having commission from the Kirk and appealeth from them to the Superintendents and ministers of the Province and appealleth from these to the generall Assembly in all which gradations no mention of Bishops but they in effect excluded by that contrare distinction of the Kirk then openly profest because they were discharged by the foresaid second act 1567. and Superintendents were then permitted like temporarie Evangelists for the present necessity declared in the first booke of discipline ad ecclesiam constituendam but was abrogate from 1575. that the constant Policie of Ecclesia constituta began to be established As for the acts of Parliament 1572. and 1573. It is knowne by the records of the time that the Regent then laboured hard to bring in Arch-bishops and Bishops who were not dead but standing de facto provided to the power of these titulars of benefices to fortifie his owne designes and counter-ballance the authority of Ministers pressing the purity of reformation and so cannot be honourably alleadged for the Bishops at this time and yet it was done not by authority but by warrand of some Ministers of his owne party conveened at Leeth and was onely done for an interim and protested against by the next Assembly and yet neverthelesse by the said acts of Parliament the Arch-bishops Bishops Superintendents or Commissioners of Dioces or Provinces are joyned together which is wrongously omitted in the quotation to show that no Archbishop or Bishop quatales had any power but only being de facto standing provided in the title they were capable of a Commission from the Kirk which sometimes they obtained and in the book of Assembly are named such as are called Bishops and were under the Discipline of the Kirk and in the same Superintendents possessours and titulars of prelacies as well as Arch-bishops and Bishops are ordained to be called and conveened for that effect before the generall Assembly of the Kirk And yet none can say That the offices of Abbots Pryors c. were then retained howbeit the benefices were not extinct and few ill grant that when the Arch-bishops and Bishops office was in vigour they thought themselves subject to the generall Assembly as they are by the said act which is also fraudfully omitted in the quotation As for the acts of Parliament 1578. and 1579. It is answered that the Kirk in this meane time from the yeare 1575. was busied in abrogating Episcopacy and establishing the constant policie as is cleare by the printed acts of Assembly before the book of Discipline and unprinted acts of Parliament The Kirk by her Commissioners daily reasoning and agreeing with the Kings Majesty and his Commissioners upon these heads of policie whereupon the Parliament by the said 69. act 1579. declareth there is none other jurisdiction ecclesiasticall to be acknowledged but that which is in this reformed Kirk and floweth there-from which extinguisheth Episcopacy because it doth not flow from this reformed Kirk neither can produce its chartor from her for besides that it was abolished by the foresaid acts 1567. It was condemned also in the book of Policie and in the generall Assembly holden at Dundie 1580. and their whole estate spirituall and temporall condemned in the Assembly at Glasgow 1581. and so acknowledged by his Majesties Commissioner in the Assembly at Edinburgh 1581. so that by this act of Parliam 1579. The Bishops are so abolished that unlesse they be established by lawfull Assemblies of the Kirk no act of Parliament since sen can conduce for their establishment seeing this act with the other acts for their abolition standeth yet unrepealed And farther for the act of Parliament 1578. if the same contribute any thing for Episcopacy it must either be because Bishops are there mentioned or for the power thereby conferred upon them But both these are weak grounds The first because there is no Bishop there named but such as stood provided de facto on life which is an designation of the benefice which was not then extinct and not of the office which was extinct The power conferred upon them by the said act can give no strength to the argument because there is no jurisdiction granted thereby to them but only power to visit Hospitalls which the Parliam might have granted to any person but was most proper to these idle titulars of benefices who might best attend the same or imploy means for their reparation And this charge is likewise communicate by act of Parliament to all Chancellours of this Kingdome for the time being And as to the 71. act 1579. we repeat the former answers that Superintendents and Commissioners are there joyned with the Bishops to
show that no power is granted unto them as Bishops but Commissioners from the Kirk and the name is still used because the benefice was not extinct but they were knowne by that appellation The acts of Parliament 1581. were better alledged for Assemblies then Bishops for it is an expresse ratification of the former acts of abolition of Bishops and abrogation of all acts or constitutions cannons civill or municipall contrare to the Religion then presently profest within this kingdome which is not only clearly exprest in the words but if they were doubtsome as they are not were manifest for these reasons First the Assembly holden at Edinburgh about the very same day honoured with the presence of his Majesties Commissioner is acknowledged by him to have condemned Episcopacy whereunto temporall jurisdiction is annexed and the Assembly declaring that function to be against the word of God and acts of the Kirk thereupon did supplicat the Parliament that they should make no acts repugnant to the word of God especially concerning Bishops Secondly the King and Estates by that act ratifieth all acts made for maintainance of the liberty of the true Kirk of God presently professed within this Realme and purity thereof which present profession can be no other then that which was received by the Kirk and Assembly then presently sitting so near the Parliament at Edinburgh which had approven the Presbyteriall government condemned the Episcopall and ratified the short confession simul semel wherein the Estates had sworn to the Presbyteriall and abjured Episcopall government Thirdly this ratification of the former acts of Parliament must bee interpreted according to the words thereof to be in all points which are not prejudiciall to that purity of Religion and liberty of the Kirk presently professed within this Realm And at this time the whole Estates had subscribed the short Confession and so sworn to the discipline set down in the book of discipline which by this act is ratified in the first place before any speciall enumeration of particular acts Fourthly it hath beene formerly showne that in the preceeding acts of Parliament where Arch-bishops or Bishops are named the same hath beene by reason of their benefice and not their office which the Parliament could not give them being abrogate by Assembly or having intended really to give them any place would not have joyned Superintendents and other Commissioners with them or otherwise they are named as having equall power with the Superintendents and other Commissioners as in the convention at Leeth and conforme to the time especially 1572. and 1573. Wherein some titulars or possessors of prelacies so called in the 46. act of the Parliament 1572. had a commission from the Kirk like unto Superintendents which was not fully abrogate untill 1580. But all this was without prejudice of the Kirk her liberty to recall her own commission from these who were provided to prelacies and to condemne their Episcopall offices whereunto they ascrived the power which they really had by their commission as the Kirk did upon good reasons abrogate the office of Superintendents without impunging of the saids acts of Parliament which were never rescinded till 1592. whereby it is evident that though this act of Parliament 1581. ratifie the former acts wherein Arch bishops Bishops Superintendents or other Commissioners of the Kirk are named yet seeing the said acts are alternative conceived the vigour and efficacy thereof subsists by this ratification in the last alternative viz. Commissioners from the Kirk Dyoces or Province seeing the remanent were formerly condemned especially by this Assembly of Edinburgh holden the time of the Parliament Fifthly this ratification 1581. of the former acts made in favours of the true Religion repeating only the titles of these acts and not themselves cannot import any corroboration of the offices under the titles mentioned in these former acts because this ratification can only be extended to the matter and not to the designation of the persons exprest in the former acts which is only personall and circumstantiall as for instance this act 1581. could not confer any power or employment upon Superintendents because that office was then abrogate and out of the Kirk But the true meaning of the act is that ratifying the substance and matter in favours of the Kirk and Religion it doth intrust the execution to these whom the Kirk shall lawfully authorize with commission for that end which is more manifest in the 114. act Par. 12. 1592. wherein this act 1581. and all the acts therein contained are ratified quoad materiam and yet all Arch-bishops and Commissioners are discharged and all Ecclesiasticall matters subjected to Presbyteries Sixthly it cannot probably agree with reason that by this ratification the Parliament above their power would endevoure to establish in the Kirk any function so recently condemned of before by the Assemblies at Dundie 1580. and at Glasgow and Edinburgh 1581. immediately before this Parliament The acts of Parliament 1584. are of severall natures But they were protested against by the Ministers of Edinburgh in the name of the Kirk of Scotland at the mercate crosse of Edinburgh when they were proclamed and as they were made in that time which was called the houre of darknesse in this Kirk tirrannized by the Earle of Arran so are they expresly repealed 1592. cap. 114. Anent the act of Parliament 1584. For the three Estates and so furth To answer Primo that the Kirk from the yeare of God 1580 1581. that the Confession was subscribed unto the year 1597. all this time was by continuall acts condemning the office of Bishops their spirituall their temporall their whole estate their confusion of civill and Ecclesiasticall jurisdiction and craving in Councell and Parliament the dissolution of Prelacies and the erection of Presbyteries 2. De facto the former Bishops being continually processed and sentenced by the Kirk these who presumed to usurp that office condemned by the Kirk namely Mr. Patrick Adamson and Mr. Robert Mountgomrie in the yeare 1582. 1584. 1586. they were deprived and excommunicate by this Kirk before the Parliament 1587. 3. De facto no Ecclesiasticall Bishop voted in Parliament but Mountgomry and Adamson who were taken in by the Earle of Arran unto the Parliament holden in May at Edinburgh 1584. Wherein the three Estates ratifieth the honour and dignity of the three Estates so that as these two Bishops cannot be called the third Estate which doth ratifie so the Estate of Bishops cannot be called the third Estate which is ratified especially seeing by that same Parliament in the 132. act Bishops of the Diocie are but nominate the Kings Commissioners And in the last act of that same Parliament printed of old in black letter there is set downe the Kings Commission granted to the said pretended Bishop Adamson 4. From 1581. till the yeare 1597. the quoter doth not eite nor can cite any act of Parliament expresly nominating any ecclesiasticall Bishop but that in the
1584. wherein he is named as one amongst other the Kings Commissioners whereof some were meere secular persons 5. It is cleare by the first act of the ninth Parliament 1584. and the eleventh act of the 10. Parliament 1585. that Bishopricks Prelacies Abbacies Priories Nunries were then thought to be alike in the Kings hands were granted to whatsoever persons being his subjects albeit they brooked no office in the Kirk so that some of these lordships and Baronies were erected before 1587. and excluded from the annexation 6. As the Kirk had ever been craving the dissolution of Prelacies and condemning the temporall as well as the spirituall estate of Bishops by their act of the Assembly 1581. and by their censure of the Presbyterie of Striviling for admitting Montgomrie to the temporality of the Bishoprick of Glasgow and censure of Mountgomrie for aspyring thereto contrare to the word of God and acts of the Kirk in the Assembly 1587. Iuni. So in the 11. Parl. of King Iames the sixt 29. of Iuly 1587. 29. act The three Estates of Parliament annexeth to the crown all Lordships and Barronies pertaining to whatsoever Archbishops or Bishops Abbots Pryors Nunnes and Munkes reserving alwayes to Archbishops Bishops Abbots Pryors Pryoresses commendators and others possessours of great Benefices of the estate of Prelates and which before had or hath vote in Parliament the principall Castles and Fortalices whereby it is cleare that the stylus curiae naming three Estates did no wayes include Ministers being Bishops seeing no ecclesiasticall Bishops sate in that Parliament nor could sit because the only two Bishops of the time Adamson and Montgomery were before deprived and excommunicat and certainly they neither would nor could have sitten as an Estate in Parliament to abrogate their owne estate and lordships and temporall land whereupon that act acknowledgeth any right they had did depend 2. It is cleare that Archbishops or Bishops Abbots Pryors c. all alike voted in Parliament of old not by reason of their ecclesiasticall office but by reason of their great benefices and lordships which here is said to have had vote in Parliament for that cannot be relative to the persons as unto Pryoresses but unto the benefices So that Ministers voted not as Ministers in name of the Kirk but as possessours of these great benefices or Baronies and others who were not Ecclesiasticall persons being titulars and possessours of these great benefices both communi stylâ— were called Bishops Abbots c. by vertue of the benefice without any office in the rolls of Parliament and in the act of Assembly 1587. The Bishoprick of Cathnes is said to vaike by decease of Robert Earle of March the Kings Uncle And the Assembly in their letter to the King declareth to be against the word of God and acts of the Kirk to present and admit any Minister to that Bishoprick as also some of these titulars and possessours of the benefices albeit they had no ecclesiasticall office did some times ryde and vote in parliament 3. It is cleare that the three Estates by taking away from Archbishops and Bishops their Lordships Barronies and temporall lands they took away their vote in parliament which doth not subsist but in and by the benefice and therefore ecclesiasticall persons separat to the Gospel for want of their great benefices had no vote in parliament till the 1597. albeit all the interveened acts are made by the three Estates wherein the Kings Majesty restoreth Ministers to the titles and dignities of Prelacies which showeth that before they were disponed to others then Ministers and provideth that Ministers presented to these titles and dignities and to the benefice of Bishopricks shall have vote in parliament which sheweth that the benefice and not the office giveth right to vote in parliament like as the very act of parliament 1606. acknowledgeth that by the act of annexation of the temporality of benefice to the Crown 1587. the estate of Bishops were indirectly abolished and therefore they behoved to rescind the act of annexation anent the benefice and restore them to these titles and dignities before Ministers could vote in parliament but these acts also are hereafter answered 7. But as for 130. act 1584. no Bishop is therein mentioned and yet it is adduced for Bishops because the three estates are therein named under one of which the Prelate claimeth to be comprehended but why more he then Abbots and Pryâ—rs formerly abolished as well as Episcopacy why more by that act then many former made when Bishops neither rode sate nor voted in parliament but were expugned out of this Kirk and yet the acts were all made by the three estates which albeit it needeth none other demonstration then that it is stylus curiae carefully observed in this Kingdome Yet the truth is that the Nobility Barrons and Burrows were the three estates of this Kingdome many hundred yeares after Christianity before any Bishops was in this Kingdome as is observed by Buchanan and Boetius and acknowledged by Lesly in his Chronicles and after the Bishops were abrogate expresly the three estates of parliament did continue and make all acts of parliament Yea after the 1592. where Bishops were discharged for if Bishops were an estate there behoved to be foure estates of parliament as there are so many named in the Commission granted by King JAMES and King CHARLES viz. The Clargie Nobility Barons and Borrows and that as ecclesiasticall persons separate to the Gospel since the reformation were never warranted to voice in Parliament while 1597. So on the other part the Barons are and have beene as an estate of parliament in uncontravered possession of voting in parliament conforme to the 101. act Parl. 7. King IAMES the first renewed again in the parliament 1585. and 1587. act 113. wherein precepts of the Chancelary are ordained to be directed to the Barons as unto an Estate of parliament even as they shall be direct unto other Estates to wit The Nobilitie and Borrows which in that act is mentioned So in this same act of parliament which in the narrative relateth the bygone great decay of the ecclesiasticall Estate There are exprest three compleat Estates in Parliament The Nobility Barrons and Borrows And as in law the three Estates are intire without Bishops or Ministers voters in Parliament So also it is most expedient and necessar for the liberty of the Kirk honour of the King and peace of this kingdome That no Ministers vote in Parliament as is more clearly and largely proved in the reasons of the protestation given into Parliament against the same 1606. And in the act of this Assembly against civill places of Kirk-men As for the 131. act 1584. no Bishop is therein mentioned to get any benefite thereby and far lesse can the same reach to the prejudice of the late Assembly which was indicted by his Majesty and is an ordinare judicatory allowed by the lawes of God and man like as it is answered in our
and Records that the Castle of Edinburgh was given in keeping to the house of Erskine by the King and Estates of Parliament hac lege expressa conditione ut nulli nisi conventui ordinum reposcenti traderent Eighthly this Act is not unexampled in the Christian world but hath many presidents both in the History of other Kirks and Kingdomes and of our own which hath many such examples even done by the Estates themselves whose fact doth make our right and whose authority is ratified conforme to the ancient and loveable custome in punishing rebellious subjects and preserving the faithfull Act 130. Par. 8. James 6. In the next place we are upbraided for our meetings which in the Proclamation are called Councell Tables only by that name which by ordinary expression is due to judicatories to make it beleeved that we have arrogate to our selves some unwarrantable power and authority which we neither have nor intends to doe God willing whereas the truth is that in a matter so highly importing all of us as the preservation of Religion and purity of Gods worship it was most necessary for us to meet and that in a sober modest and quiet way for deliberating with joynt advice upon those weighty businesses for the good of the Kirke his Majesties honour and peace of the Kingdome And those meetings did never emit nor send forth any authoritative command or injunctions but conclude upon such advices as might be most expedient for advancing that great businesse and facilitating the way of supplication to his Majestie and overtures for the Assembly and Parliament which was an Act lawfull and approvable in the selfe albeit the conclusions thereof did not carry the force or validity of a binding law or command which was never aimed at nor intended Which meetings they might warrantably keepe for that end being for Gods glory and removing the iust grievances of the subiects no waies prohibited by any of our municipall Lawes which disapproveth such conventions as are for disturbance of the peace or usurpation against Authority whereof neither of the two can bee alledged against these meetings Not the first because no invasion violence offer of wrong by word or deed to any person no even to those upon whom they justly complaine ensewed upon the same notwithstanding of their provocations and their feares falsly represented to his Maiesty and maliciously pretended for their stay out of the Countrey Not the second because their meetings was to consult in manner foresaid upon the most fitting and humble way of supplicating his Maiestie and for the most convenient propositions to bee represented to his Maiesty the Parliament and Assembly all which acts are most compatible with the loyalty and duty of good subjects and doe no waies intrench upon Authority seeing they can never be challenged to have assumed to themselves any judiciall determination in any matter of State Civill nor Ecclesiasticall but by voluntary instructions and opinions every one to another in a common cause of Religion did resolve what might be most conducible to their lawfull and iust ends And yet those conventions want not the warrant of Law and Authority because they consist of the Nobility Barons Burrows and Ministerie which by the fundamentall Lawes of the Land have place of proponing reasoning and voting in Parliament and Assemblies Act 113. King James the 6. Parl. 11. wherein is acknowledged that it is necessary to the King and his Estates to be truly informed of the needs and causes pertaining to His loving subjects in all estates and therefore ratifieth the Act made by King James 1 anno 1427. Giving power to Barons to propone all and sundry needs and causes and to heare treat and determine all causes to be proponed in Parliament which necessary and true information cannot be made to his Majestie and Estates without privy meeting and consultation and consequently it being granted to them to informe the King and Estates and to propone heare treat and finally determine all needs and causes to be proponed in Parliament there must be necessarily understood to be a sufficient power granted to them for meeting and advising upon that information Quia aliquo concesso omnia concessa videntur sine quibus concessum expediri nequit And as to the Ministers they have likewayes power granted to them not onely by the word of God and constitutions of the Kirke but by the King and laws of this land to propone reason and vote in Assemblies and be the samine parity of reason to keep preceding meetings not to determinate or execute but to consult upon their necessary propositions So that these lawfull meetings for the religious end suffer wrongously the invidious designation of Councell tables which is onely done for procuring misconstruction against them because at these meetings and consultations they sat about a table which posture is no wayes prejudiciall to Authority the meanest of mechanik crafts having their own tables where about they sit when they consult upon the smallest businesse importing their trade And farder these same meetings consisting of Commissioners from each Sheriffedome and body of this Estate were allowed by his Majesties Councel first and thereafter by the Commissioner his Grace In so farre as the whole subjects of this kingdome out of their resentment of the weight of this cause having numerously conveened at Edinburgh from all the parts of the kingdome that confluence of people was desired to be dissolved and directed to make choose forth of that great number of some Commissioners from each shire who might meet to represent their just grievances and desires and attend the answers thereof The third particular challenge in the Proclamation is for the illegall and unformall course taken in the election of Commissioners to the Assembly whereof some are alledged to have beene under the censure of this Kirke some under the censure of the Kirke of Ireland some banished for teaching against Monarchie others being suspended some admitted to the Ministery contrare to the laws of this kingdome others at the Horne some confined and all by oath bound to the overthrow of Episcopacie Whereunto although no answer be requisite seeing the persons thereby meaned are not specially condescended upon yet for clearing all mens mindes and showing the warrantablenesse of our proceedings it is of truth that the Assembly after particular triall which they took upon some such surmises could not finde any censured by the Kirke of Scotland or Ireland by a lawfull manner in a lawfull judicatory or for a lawfull cause but on the contrary the Assembly after carefull searching and examination found that any censure inflicted upon any of these persons in Scotland was only by a Bishop who ought to be punished for taking arrogantly on him the name of the Kirke of Scotland and that without the advice of any Presbytery but sitting in his high commission which was condemned by the laws of this Kirke and
Magistrate is described to assist and maintaine the Discipline of the Kirk and punish those civilly who will not obey the censures thereof without confounding alwayes the one jurisdiction with the other and this order of Ecclesiasticall Discipline condescended upon in generall Assemblies as warranted by divine authoritie to be execute notwithstanding any humane inhibition is set downe before the Psalmes in meeter and therefore we can never expect that his Majestie who out of his pious inclination to justice by a late Proclamation 22. September last hath declared and ordained that all His subjects both Ecclesiasticall and Civill shall be lyable to the tryall and censure of generall Assemblie or any other Judicatorie competent will now stay the execution of the lawfull and grave sentences of this nationall Kirk so comfortable to us and so necessarie for maintaining the puritie of Religion which his Majestie in the end of the Articles before mentioned hath promised to defend and His subjects in the profession thereof which is incompatible with the defence of excommunicate and obstinate persons But therefore wee are assured that his gracious Majestie will be pleased to allow that reverence and all readie obedience may bee deferred to the whole Acts Constitutions and censures of the said generall Assemblie by all His subiects who undoubtedly and necessarily are obliged to obedience of all the lawfull commands and injunctions of the mother Kirk if they would bee accounted members or sonnes thereof By all which cloud of weightie reasons the warrantablenesse of our just proceedings doth evidently appeare notwithstanding of all the arguments of challenge adduced against us in the said Proclamation And therefore for these and many other reasons Wee the members of this Assemblie in our owne names and in the name of the Kirk of Scotland whom we represent And we Noble-men Barons Gentle-men Ministers Burgesses and Commons before mentioned do solemnely declare in the presence of the everliving God and before all men and protest That our thoughts are not guiltie of any thing which is not incumbent to us as good Christians towards God and loyall Subiects towards our sacred Soveraigne And we attest God the Searcher of all hearts that our intentions and whole proceedings in this present Assemblie have beene and shall continue according to the word of God the Lawes and constitutions of this Kirk the Confession of Faith our nationall Oath and that measure of light which God the Father of light hath granted unto us and that in the sinceritie of our hearts without any preoccupation or passion That it was and is most lawfull and necessarie for us to fit still and continue in keeping this present Assemblie indicted by his Majestie untill after conclusion of all matters it bee dissolved by common consent of all the members thereof and that for trying judging and censuring all the by-gone evils and the introductors and providing a solide course of the continuance of Gods truth in this land with puritie and libertie according to his word our Oath and Confession of Faith and the lawfull constitutions of this Kirk That this Assemblie is and should bee esteemed and obeyed as a most lawfull full and free generall Assemblie of this Kingdome And that all Acts sentences constitutions censures and proceedings of this Assemblie whereof the generall and principall Acts are to bee published are in the selfe and should bee reputed obeyed and observed by all the subjects of this Kingdome and members of this Kirke as the Acts sentences constitutions censures and proceedings of a full and free generall Assemblie of this Kirke of Scotland And to have all readie execution under the Ecclesiasticall paines contained or to bee contained therein and conforme thereto in all points and such like that whosoever presumeth to utter any undutifull speech against the same may be duly censured and condignly punished We protest that all and everie member of this reformed Kirk efoldly and faithfully joyne and concurre in their severall callings and stations to advance further and assist the execution and obedience of the whole Acts of this Assemblie by all meanes which their abilitie can afford as they affect the advancement of Gods glorie and the work of reformation in this land We protest against all the challenges and aspersions laid upon us in the said Proclamation and that our whole answers are not onely true in everie point but likewise sufficiently forcible to deliver us from all unjust imputations and to justifie the lawfulnesse and necessitie of our whole proceedings and carriage which hath beene so unreasonably blamed Likeas by these presents we summond and cyte all those of his Majesties Councell or any other who have procured consented subscribed or ratified this present Proclamation to bee responsable to his Majestie and three Estates of Parliament for their counsell given in this matter so highly importing his Majestie and the whole Realme conforme to the 12. Act. Parl. 2. King James 4. And protest for remead of Law against them and everie one of them We protest that it is and may be lawfull unto us to defend and maintaine the Religion Lawes and Liberties of this Kingdome the Kings authoritie in defence thereof and everie one of us another in that cause according to our power vocation and Covenant with our best counsell bodies lives meanes and whole strength against all persons whomsoever and against all externall and internall invasions and that in the obedience and observance of the Acts of this Assemblie and nationall mother Kirk That whatsoever inconvenients shall fall out by impeding molesting or staying the observance and obedience due to the Acts Ordinances and Conclusions of this Assemblie or execution to follow thereupon that the same be not imputed unto us or any of us in our lawfull defence and maintenance thereof who most ardently desired the concurrence of his Majesties Commissioner to this lawfull Assemblie and do yet still with humble vehemencie beg his Majesties gracious approbation thereunto but on the contrarie that the Prelats and their adherents who have protested and declined this present Assemblie in conscience of their owne guiltinesse not daring abide to any legall tryall and by their misinformation did move the Commissioner his Grace to depart and discharge this Assemblie be esteemed repute and holden as they truly are the disturbers of the peace and overthrowers of the liberties of the Kirke and guiltie of all the evils which shall follow hereupon and condignly censured according to the greatnesse of their faults and Acts of the Kirke and Realme Wee protest that none hereafter subscribe the Covenant formerly subscribed by the Commissioner his Grace in Councell as they will eschew the danger of a contradictorie Oath but that all everie one subscribe the Covenant renewed in Februarie last And that with this sense meaning and condition that they subscribe the same conforme to the determination and declaration of this Assemblie at Glasgow allanerly We protest that as we adhere till
the subjects are discharged from yeelding obedience to the Act of Parliament which either made any such law or ratified any such decree of the Church This position they deliver in their answer to the 5. reasons in the said Declaration and would be well weighed A fourth position is this The Assembly hath power to discharge all subscription to the confession of faith commanded to be subscribed by Us and as it is interpreted by Us or Our Commissioner so leaving Us no power at all in Ecclesiasticall causes which all Reformed Churches give their Princes according to Gods Law This position is in the same place in their conclusion of their answers to the five reasons A fifth position is this The Assembly without Us is the Church and the onely Judge competent fit to interpret and explaine all doubts arising upon the confession of faith commanded by Us which they put in practice by explicating Our confession of faith against Our owne meaning and after We had dissolved the assembly This position is set downe in the beginning of their conclusion after their answers to the five reasons A sixth position is this Though the Law be interpreted yet if it be interpreted in a sense disliked by most of the Kingdome the body of the Kingdome for whose good the Law was made may crave the lawfull redresse of the grievances sustained by that Law This position is in the fifth of their ten Articles propounded before the indiction of the assembly A strange position that they shall crave redresse of a Law and before a Parliament which onely can redresse it and though they call it a craving to redresse it yet they meane an actuall redressing of it for they before a Parliament was at this time indicted have actually done many things against Acts of Parliament and stand upon their justification that they may lawfully doe so The seventh position is this The Assembly is independant either from King or Parliament in matters Ecclesiasticall This position is in their Protestation against Our Proclamation of the 18. of December 1638. in their third reason against Our gracious offers delivered into the Assembly by Our Commissioner and is a position delivered not onely in the sense but in the very words of the Jesuites The other positions following generally dispersed throughout their Protestations and Pamphlets are so obvious to any one who hath read them as the particular cytation of them may bee forborne such as are these following An eight position is That in all matters determined in an assembly We are to receive them as the son of the Church and have no further interest in them though they be not matters of faith but matters of government and those concluded by them against Acts of Parliament established by Us and Our three Estates nay though they concerne secular businesse as making of Salt and fishing for Salmons on Sundaies changing of Markets from one day in the weeke to another and such like for in their late pretended Assembly they have determined of many such things as doth appeare by the Index of their Acts. They will not find many Papists who have said so much for the Church of Rome nor any Jesuites which have said more A ninth position is this It is lawfull for subjects to make a Covenant and combination without the King and to enter into a band of mutuall defence against the King and all persons whatsoever though by two Acts of Parliament before cyted all such persons as shall be found either contrivers of or adherers to any such league are punishable with death A tenth position is this That it is lawfull for themselves sitting in an assembly to indict a new assembly without Our consent as they have now indicted a new assembly to bee held in July next or out of the assembly when they please as they professed that now they would have done if We had not indicted one though this be directly and expresly against two Acts of Parliament before cyted An eleventh position is this If subjects bee called before Us and Our Councell for any misdemeanour if they who are called doe any way conceive that the matter for which they are called doth concerne the glory of God or the good of the Church and a wonder it is if any cause can be found which doth not concerne one of these two then they may appeale from Us and Our Councell to the next generall Assembly and Parliament and in the meane time before these appeales be either heard or discussed they may disobey Us and Our Councell although by an Act of Parliament before cyted it is expresly made treason and the Ministers who appealed from Our Royall Father and his Councell were upon that Act arraigned and found guilty of treason The twelfth position is this That when We are intreated to indict a generall Assembly it is not that there is any need of Our indiction but rather to doe Us honour and to beget some countenance to their proceedings alledging that the power of indiction is in Us but cumulativè not privativè which if We shall refuse then that power is suppletivè in the collective bodie of the people as it is alwaies say they in all other cases if the Prince shall either neglect or refuse to doe his dutie Nor are they ashamed to averre that all Soveraigne authoritie was originally in the collective bodie of the people by them conferred with their owne consent upon the Prince and therefore if the Prince shall omit to doe his dutie he either falls from his right or his right is interrupted untill he returne to his dutie but that in the meane time the Soveraigne right and authoritie doth returne to and remaine with the people from whom it was at the first derived upon the Prince A prettie matter it were if Princes Crownes and Soveraignties should depend upon such notionall and pedanticall distinctions and wonder it is that these men who professe themselves to be the greatest enemies to Poperie in all the World should borrow the very words and termes of this ridiculous distinction from the Jesuites which distinction if it had ever been used in those primitive and purest Councels of the Church all of which were onely called by the Emperours and in which all matters were ordered and disposed by their Presidents and Deputies it would have made those Emperours out of love with the Councels and Assemblies of the Church But they were never robbed of that speciall prerogative of their Crowne untill the Bishops of Rome by their tyrannie and usurpation and by animating and arming their owne subjects against them dispossessed them of it And now We and Our Successors being repossessed of it againe by the Lawes of that Our Kingdome and the usurpation of the Pope in that very particular being by many of Our Acts of Parliament excluded wonder it is to see these men take upon themselves that usurped and cashiered Papall authoritie The thirteenth position is this If We or
his subjects is not only the Jesuiticall tenet but their very words and syllables and as they are alledged here very false for the greatest part of this confession conteyneth not matters of faith but of government discipline and ceremonies besides this confession was first injoyned by Our Royall Father and his Councell before it was approved by the Church how then Our Royall father if hee were now living should receive the meaning of it from the Church after hee had subscribed it and commaunded his houshould to doe so or we should now receive the meaning of it from the generall Assembly after it was subscribed by Our commaundement wee cannot apprehend * Nay the first should be preferred for if our Commissioner and Councell had explained it contrarie to Our meaning Our declaration comming after should be preferred to their misinterpretation Answer to the first reason * The last part of the first reason is quite omitted though in it lyeth the principall explicatiō of this first reason * How many of them have determined so they know that they are not cōparable in number to those who have determined the contrarie * Most false Answer to the second reason * Because in the XXI Article cited the word Ceremonie is used therefore they would inferre that this reason supposeth Episcopall government to be but a ceremonie But weakly for the reason consisteth in the word policie which they take no notice of and Episcopall government being a part of Ecclesiasticall policie they hold the one alterable as all they doe who adhere to that XXI article must needs hold the other so too nor can it be inferred from any thing in this reason that Episcopall government is mainteyned by it to be alterable but that they themselves and that XXI article doe hold it to be so * The Assembly desired it but did ever Our Royall Father doe so Answer to the third reason * We defie any man living to produce from any Jesuit or the greatest patron of equivocation yet ever heard of such a wicked position as this that the swearer is neither bound to the meaning of the exacter of the oath nor to his own meaning who takes the oath but to the realitie of the thing sworne as it shall be afterward explicated by the competent Judge For then no man can tell what he sweareth when he sweareth if the declaration of the competent Judge shall come after it were to be wished that he who set downe this proposition had set his hand to it that the world might take notice of him for an ignorant foole and an arrand knave In the meane time till Iohnston finde out another he must be taken for the man because his hand is at this foolish Pamphlet Answer to the fourth reason * This is directly contrary to the words of their owne protestation against Our Proclamation dated the ninth of September see their ninth Reason in that Protestation against the subscription to our Covenant and you shall finde it flatly contradictory to this which they affirme now * They doe not meddle with the Church of England but yet in all their Writings declare that the government of the Church of England is against the Word of God and the paterne shewed in the Mount and that their new fancied government conteined in their imaginarie books of discipline is onely according unto it Answer to the fifth reason * But it is most notorious that at those Parliaments which were holden when the confession of faith was first sworne unto Bishops had voyces and were present and so then Episcopall government could not be abjured for proofe whereof We refer the reader to the Parliament Roll inserted at the end of this answer * Let any kingdome which is acquainted with Parliaments consisting of a Monarche and his three estates digest this proposition and then the Parliament can be no more the highest Court of the Kingdome * A most false position As if the convocation in England or the generall Assembly in Scotland had power to reconcile the two kingdomes to the Church of Rome to reduce Poperie into them and to restore to the Church all the Abbey lands notwithstanding many Acts of Parliaments in both kingdomes to the contrary Conclusion Anent acts of Parliament * For the cavils here made against the Acts of Parliament cited in the explanation they will be sufficiently confuted if the reader will take the paines to reade the acts for then he shall easily discover that these exceptions are not only weak but none at all Answer to the acts 1567. Anent the sixth act 1567 Anent the Kings oath Anent the acts 1572. 1573. Anent the acts 1578. 1579 Anent the act 1581. Anent the act 1584. and the third Estate of Parliament Anent the act 1587. Anent the act 1592. Anent the acts 1597. Anent the act 1606. Anent the act 1609. Anent the act 1617. Conclusion * False for there was not after Our Commissioners leaving of the Assemblie any one Commissioner from any Universitie of that Kingdome which did not desert it * False * More false then the other if it were possible * False and sufficiently before disproved * It is a wonder that men can be found who dare averre such an untruth when the Proclamation at Glasgow is subscribed by the hands of our Councellours let the Reader turne back to it and be judge Anent our Protestation Anent our watching the Castle of Edinburgh * They confesse it within eight lines after this * True but We and Our Councell and Our Judges and the rest of Our loyall subjects are the publike mutiners and rebels are but a private and schismaticall part though never so many * But not without or against the Kings command his Generall much lesse any Lievtenant of his cannot do that * All this which followeth concerning the guarding of Our Castles and Forts and keeping Us out of them containeth no lesse then treason and is not to be answered with a pen. * Which the Covenanters are not * Whether should the King or his subjects keep the keyes of his owne Kingdome * But the Covenanters are the worst part * Wee do not take them to be such fooles as to expect thanks from Us for their proceedings if they do they are like enough to go without them * The worst and most disloyall part of all Our subjects * In what historie be these words is it not Regi as well as conventui ordinum or can there bee a convention of the three Estates called without the King or his Authoritie Anent our meeting and alledged Councell Tables * Many letters have been sent down from Commissioners of Shires then resident at Edinburgh to them living in the Countrie requiring them to doe such things as they would answer the contrary to the Table †But was ever that previous meeting or contention of the Estates without the calling and authoritie of the King * Most false Anent some
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