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A11686 A declaration of the iust causes of his Maiesties proceeding against those ministers, who are now lying in prison, attainted of high treason. Set foorth by his Maiesties Counsell of his kingdome of Scotland Scotland. Privy Council.; Haddington, Thomas Hamilton, Earl of, 1563-1637, attributed name. 1606 (1606) STC 21961; ESTC S116870 15,319 48

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the holding of frequent Assemblies in that Countrey but alwayes by the kings permission as a meane whereby both doctrine and discipline might be maintained without disturbance and much good thereby procured in the Church of God yet these very arguments of theirs doe declare that they onely perswade it by way of aduise as a thing very conuenient and did not set it downe as a rule of necessitie and an infallible law Next as to the warrant of our Law in that kingdom It is first to be generally obserued that no priuiledge that any King giues to one particular body or state within the kingdome of conuening consulting among themselues is to be vnderstood to bee Priuatiuè giuen vnto them and so the King therby depriuing himselfe of his own power and prerogatiue but onely to be giuen Cumulatiuè vnto them as the Lawyers call it without any way denuding the King of his owne power and authority As for an instance which hath bene too frequent in all this I le these yeeres past sauing the pleasure of God Euery Burgh Regall haue their owne times of publike mercates allowed vnto them by the Law and the Kings priuilege but when the plague happened in any of these townes did not we by proclamation discharge the holding of the mercate at that time for feare of infection and yet thereby did no preiudice to their priuiledges neither did any of them ineptly murmure much lesse enter into that high contempt as to say they would obey the Kings Lawes in keeping their priuiledges and not the particular restraint thereof at that time for necessary causes And as to the nature of their particular priuiledge in holding of assemblies they haue in this their last pretended Assembly broken the limitations of that priuiledge that is clearely set downe in the first Acte of the Parliament in the 92. yeere which is the latest and clearest warrant for their Assemblie For there it is specially prouided That as wee giue them licence for holding of their Assemblies once in the yeere or ofter as occasion shall require which proues that all their power onely proceeds from vs So must it not bee conuened without our owne presence or then of our Commissioner nor no day nor place set downe for the next Assemblie but by Our or our Commissioners appoyntment except we bee not pleased neither to goe in our owne person neither to send any for assisting the sayd Assembly And how these limitations haue bene obserued by them at this time let the world iudge first in not onely refusing the presence of our Commissioner but most contemptuously and iniuriously barring the doore vpon him and next in setting downe the dyet of the next Assembly without either his priuitie or consent And as to the third point of their iustifying themselues by the warrant of the constitution custome of their owne Church we would know what warrant they haue for holding of a new assembly without the presence either of the moderator of the last or of the ordinarie clarke of the assembly The Clark specially at that instant being dwelling in the same towne where they conuened For their custome hath euer bene that the moderator should call for all the Commissioners name by name should see their commissions frō their Presbyterie should giue them the lytis for election of a newe moderator and make their names the parties being remoued freely to be voted among them but first of all the moderator ought to preach vnto them and out of the word of God teach them their duetie at that meeting But as this their pretended Assembly was kept in contempt of our authoritie royall So had it praysed be God no beginning at the word of God without the which order in their proceeding we would know what might let as many sundrie generall Assemblies to be conuened at one time in diuerse places of that countrey as there are seuerall numbers of ninteene ministers through the countrey And so there should be at one instant farre moe generall Assemblies in Scotland one against another then euer there was Popes in one time in our aduersarie Church And if they would alledge that the straitnesse of these euill dayes wherein they liue compelled them to omit diuerse of their auncient and lowable customes that cannot but imply a direct accusation of our tyrannie for which this answere may suffice That besides our knowen sinceritie in religion and constant loue to do Iustice to all our people They can neuer alledge that they did so much as to send a petition either to our selfe or in respect of our absence to our Counsell there for permission of this Assembly For whereas they alledge that this day was continued by vs and the Commissioners of the Church without affixing a new dyet we thinke the least they could haue done had bene humbly to haue craued the appointing of a new dyet and patiently to haue expected either our answere or our Counsels thereupon rather then by this their outrageous contempt to haue proclamed either our vniust persecution of them or else which is the truth their arrogant and seditious disobedience And lastly how carefully they respected the weale of their Church in this course it is manifest to the world First by needlesse irritating against them their ancient lawfull religious and most mercifull King whereas they might haue come to their owne end by their mild behauiour and due obedience And next by making as needlesse a separation betwixt all the rest of their learned wise graue and duetifull brethren and them who for their parts are in this case according to their qualitie as farre lightlied and disgraced by them as we are disobeyed And thirdly by bringing on a publike scandall hereby vpon their profession as rebellious to so religious and iust a King whereby the aduersaries of our religion who like roaring Lions goe about to watch such opportunities may fill their new bookes and pamphlets with such scandalous memorials against our religion And lastly what charitie they haue by this their behauiour vsed towards their puritane brethren in this countrey they themselues may easily gesse hauing by this their contempt done nothing else but animated and spurred vs to the straiter animaduersion and order taking with them lest otherwise as they are both fauourers of one discipline so they may some day by their example if they had as great libertie giue proofe of their like disobedience and contempt of our authoritie NOw leauing it to euery one to obserue both the Patience and Pietie of a most puissant Prince His Patience that after so great a contempt committed by so meane base and abiect persons who were neuer any way remarkable as men of great gifts but were specially noted of too great a desire to bee made famous if by no other meanes yet at least by their troubling and ouerturning of matters And although his Maiestie had most iust cause of offence against some of them for their great ouersight in former