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
of our worthy and religious Progenitors and of many yet living amongst us which was warranted also by Act of Councell commanding a generall Band to bee made and subscribed by his Majesties subjects of all ranks for two causes One was for defending the true Religion as it was then reformed and is expressed in the Confession of Faith above written and a former large Confession established by sundrie acts of lawfull Generall Assemblies and of Parlament unto which it hath relation set downe in publicke Cathechismes and which had beene for many yeeres with a blessing from heaven preached and professed in this Kirk and Kingdome as Gods undoubted truth grounded onely upon his written Word The other cause was for maintaining the Kings Majestie his Person and Estate the true Worship of God and the Kings authoritie being so straightly joyned as that they had the same friends and common enemies and did stand and fall together And finally being convinced in our minds and confessing with our mouthes that the present and succeeding generations in this Land are bound to keep the foresaid nationall Oath and subscription inviolable We Noblemen Barons Gentlemen Burgesses Ministers and Commons under subscribing considering divers times before and especially at this time the danger of the true reformed Religion of the Kings honour and of the publicke peace of the Kingdome by the manifold innovations and evils generally contained and particularly mentioned in our late supplications complaints and protestations doe hereby professe and before God his Angels and the World solemnely declare That with our whole hearts wee agree and resolve all the daies of our life constantly to adhere unto and to defend the foresaid true Religion and forbearing the practice of all novations already introduced in the matters of the worship of God or approbation of the corruptions of the publick Government of the Kirk or civill places and power of Kirkmen till they bee tryed and allowed in free Assemblies and in Parlaments to labour by all meanes lawfull to recover the purity and libertie of the Gospel as it was established and professed before the foresaid novations And because after due examination wee plainly perceive and undoubtedly beleeve that the Innovations and evils contained in our Supplications Complaints and Protestations have no warrant of the Word of God are contrary to the Articles of the foresaid Confessions to the intention and meaning of the blessed Reformers of Religion in this Land to the above written Acts of Parlament and doe sensibly tend to the re-establishing of the Popish Religion and tyranny and to the subversion and ruine of the true Reformed Religion and of our Liberties Lawes and Estates VVe also declare that the foresaid Confessions are to bee interpreted and ought to be understood of the foresaid novations and evils no lesse then if everie one of them had beene expressed in the foresaid Confessions and that wee are obliged to detest and abhorre them amongst other particular heads of Papistrie abjured therein And therefore from the knowledge and conscience of our dutie to God to our King and Countrey without any worldly respect or inducement so farre as humane infirmitie will suffer wishing a further measure of the grace of God for this effect VVe promise and sweare by the Great Name of the Lord our GOD to continue in the Profession and Obedience of the foresaid Religion That we shall defend the same and resist all these contrarie errours and corruptions according to our vocation and to the uttermost of that power that God hath put in our hands all the dayes of our life And in like manner with the same heart we declare before God and Men That we have no intention nor desire to attempt any thing that may turne to the dishonour of God or to the diminution of the Kings Greatnesse and Authoritie But on the contrarie we promise and sweare that wee shall to the uttermost of our power with our meanes and lives stand to the defence of our dread Soveraign the Kings Majestie his Person and Authoritie in the defence and preservation of the foresaid true Religion Liberties and Lawes of the Kingdome As also to the mutuall defence and assistance everie one of us of another in the same cause of maintaining the true Religion and his Majesties Authoritie with our best counsell our bodies meanes and whole power against all sorts of persons whatsoever So that whatsoever shall be done to the least of us for that cause shall be taken as done to us all in generall and to everie one of us in particular And that we shall neither directly nor indirectly suffer our selves to be divided or withdrawn by whatsoever suggestion combination allurement or terrour from this blessed and loyall Conjunction nor shall cast in any let or impediment that may stay or hinder any such resolution as by common consent shall be found to conduce for so good ends But on the contrarie shall by all lawfull meanes labour to further and promove the same and if any such dangerous and divisive motion be made to us by VVord or VVrit wee and everie one of us shall either suppresse it or if need be shall incontinent make the same known that it may bee timously obviated neither do we feare the foule aspersions of rebellion combination or what else our adversaries from their craft and malice would put upon us seeing what we do is so well warranted and ariseth from an unfained desire to maintaine the true worship of God the Majestie of our King and the peace of the Kingdome for the common happinesse of our selves and the posteritie And because we cannot look for a blessing from God upon our proceedings except with our Profession and Subscription we joyne such a life and conversation as beseemeth Christians who have renewed their Covenant with God VVee therefore faithfully promise for our selves our followers and all others under us both in publike in our particular families and personall carriage to endevour to keep our selves within the bounds of Christian libertie and to be good examples to others of all Godlinesse Sobernesse and Righteousnesse and of everie dutie we owe to God and Man And that this our Union and Conjunction may bee observed without violation VVee call the living God the Searcher of our Hearts to witnesse who knoweth this to be our sincere Desire and unfained Resolution as we shall answer to JESUS CHRIST in the great day and under the paine of Gods everlasting wrath and of infamie and of losse of all honour and respect in this World Most humblie beseeching the LORD to strengthen us by his holy Spirit for this end and to blesse our desires and proceedings with a happie successe that Religion and Righteousnesse may flourish in the Land to the glorie of God the honour of our King and peace and comfort of us all In witnesse whereof we have subscribed with our hands all the premisses c. TO dispute against this Covenant scholastically or otherwise then by
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
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
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
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
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
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
State excuseth our uncessant and importune calling for these present remedies Doth insinuate the continuance and execution of any pretended Lawes for these innovations of worship and corruptions of Church government and civill places of Church-men which by our Covenant wee have obliged our selves to forbeare and the re-establishment of these evils in an Assembly and Parliament which hee will call in his best convenience to wit for that and this other end of satisfying his subjects judgements anent the Service Booke and Book of Canons Doth condemne all our former proceedings even our supplicating complaining protesting subscribing of our Covenant together and our continuall meetings as great disorders increase of disorders deserving justly a powerfull rather then a perswasive way a running headlong into ruine a perishing in our faults a blind disobedience under pretext of Religion and doth threaten denounce Now once for all If we be not heartily satisfied and give testimony of our obedience after this Declaration but continue as by our former proceedings to draw on our owne ruine that albeit unwillingly he must make use of that power which God hath indued him with for reclaiming of so disobedient people THerefore we in our own name and in name of all who will adhere to the Confession of Faith and reformation of Religion within this Land are forced and compelled out of our bound duty to God our King native Country our selves and our posterity lest our silence should be prejudiciall to so important a cause as concernes Gods glory and worship our Religion and salvation the Lawes and Liberties of this Church and Kingdome or derogatory to our former supplications complaints protestations Articles and proceedings or unanswerable to the solemne oath of our nation covenant with God To declare before God and man and to protest Primo That we doe and will constantly adhere according to our vocation and power to the said Reformation in doctrine use of Sacraments and discipline And that notwithstanding of any innovations introduced therein either of old or of late Secundo we potest That we adhere to the grievances supplications and protestations given in at Assemblies and Parliaments and to our late supplications complaints protestations and other lawfull proceedings against the same and particularly against the Service book and booke of Canons as maine innovations of Religion and Lawes and full of Popish superstition and so directly contrary to the Kings Declaration And against the High Commission as a judicatory established contrary to the Lawes and Liberties of this Church and Kingdome and destructive of other lawfull judicatories which both in respect of the nature of it and manner of introduction without consent of the three Estates of Parliament cannot be any wayes rectified but absolutely discharged Tertio we protest That we adhere with our hearts to our Oath and subscription of the Confession of Faith the solemne Covenant betweene God this Church and Kingdome and the clauses particularly therein expressed and generally contained and to our last Articles for the peace of this Kirke and Kingdome drawne out of it and to all the matters therein contained and manner of remedy therein desired Quarto We protest that this Proclamation or act of Councell or any other act or Proclamation or Declaration or ratification thereof By subscription or act or letter or any other manner of way whatsoever or any precondemnation of our cause or carriage before the same be lawfully heard and tryed in the supreme judicatories of this Kirk and Kingdome the onely proper judges to nationall causes and proceedings or any certification or threatning therein denounced shall no waies be prejudiciall to the Confession of Faith lawes and liberties of this Kingdome nor to our supplications complaints protestations articles lawfull meetings proceedings pursuits mutuall defences nor to our persons and Estates and shall no wayes be disgracefull either in reality or opinion at home or abroad to us or any of us But on the contrary that any act or letter or subscription of the Councell carrying the approbation of the declaration and condemnation of our proceedings indicta causa is and ought to be repute esteemed unjust illegall null as here before God and man we offer to clear to verifie both the justice of our cause and carriage and the injustice of such acts against us in the face of the first generall Assembly of the Church Parliament of the Estates unto whom with all solemnities requisite we do publikly appeal Quinto We protest that seeing our former supplications last Articles our last desire and petition to his Majesties Commissioner which petitioned for the present indiction of a free general Assembly Parliament according to the law and custome of all nations of this nation in the like case to hear the desires ease the grievances settle the fears of the body of the Church Kingdome are thus delayed in effect refused to wit Once for all till his Majesties conveniency for the end contained in this Proclamation that We continue by thir presents to supplicate his Majesty again and again for the granting of the same And whatsoever trouble or inconvenience fall out in this land in the mean time for want of these ordinary remedies and by the practice of any of these innovations evils contrary to our supplications articles confession it be not imputed unto us who most humbly beg these lawfull remedies but also that it is shall be lawfull unto us to defend and maintain the Religion lawes and liberties of this Kingdome the Kings Authority in defence thereof every one of us one another in that cause of maintaining the Religion and the Kings foresaid Authority according to our power vocation and Covenant with our best counsel bodies lives means whole strength against all persons whatsoever against all externall or internall invasions menaced in this Proclamation Like as that in the great exigencie of the Church necessitating the use of this ordinary and lawfull remedies for settling the commotions thereof it is and shall be leasome unto us to appoint hold and use the ordinary means our lawfull meetings and Assemblies of the Church agreeble to the Law of God and practice of the primitive Church the Acts of the generall Assemblies and Parliaments and the example of our Worthy Reformers in the like case Sexto We protest that our former Supplications Complaints Protestations Confessions meetings proceedings and mutuall defences of every one another in this cause as they are and were in themselves most necessary and orderly meanes agreeable to the lawes practice of this Church and Kingdome to be commended as reall duties of faithfull Christians loyall Subjects and sensible members of the body of the Church and Kingdome and no wise to be stiled nor accounted great disorders misdemeanors blind disobedience under pretext of Religion and running headlong into ruine c. So they proceeded only from conscience of our duty to God our King native
these eight Articles composed and commanded by their Tables In the second Article they set downe to everie Presbyterie a set forme of a Commission to be made to their Commissioners which was never done before and at the Assemblie when the severall Commissions were read it was observed that all the Commissions were the same verbatim except a verie few from some Presbyteries who would not be ruled by the Table and gave power to their Commissioners to continue no longer in the Assemblie then Wee or Our Commissioner in Our name should continue it In the same Article they will have the Presbyteries in their Commissions to take it pro confesso that the pretended and complained of Innovations are corruptions and disorders disturbing the peace and tending to the overthrow of their Religion and Liberties within the reformed Church of that Realme If this bee not to prejudge and take that for granted which was to be tried by the Assemblie whether it was so or not viz. whether these things complained of were Innovations and corruptions introduced in Religion We must leave it to the Reader to judge In the third Article they appoint Lay-men to sit in Presbyteries which had not beene done for above fortie yeares before Nay and these Lay-men to be equall in number with the Ministers which is contrarie to their owne book of Discipline alledged by them which did then order that the Ministers should alwayes exceed the number of the Lay Elders so that before this time they never were equall in number Nay that these Lay-men should have voices not onely in the chusing of their own Lay Elder but which is insufferable should have suffrage in the Election of the three Ministers Commissioners for the Assemblie which they themselves do know was never heard nor practised in that Church before in the verie first and strictest times of reformation nor ever since In the fourth Article they order a notable trick and device of their owne to bee put in practice whereby they were ascertained that no Minister should bee chosen Commissioner in any Presbyterie where they had any power but such as did undoubtedly concurre with them in their rebellious courses for they appointed and accordingly it was practised that everie man suspected to bee of a different judgement from them should presently bee processe and brought under the scandall of erroneous life or doctrine and so made uncapable of being chosen Commissioner according to which Article there were verie few Ministers in the Kingdome who had not subscribed their Covenant but they were presently suspended by their Presbyterie where they had voices to do it or at the least put under processe by some one or other which could not be prevented for no man can bee denied an originall processe against any man whom he will implead But yet this Article left no evasion if it should happen that such a one should be chosen Commissioner for in this case they ordered that the rest who gave not voices should protest against the election and complaine of it to the Generall Assemblie where they were sure enough to processe him there and lay him aside untill his processe should bee discussed which they did put in practise upon some Ministers who did not concurre in judgement with them at the first sitting downe of the Assemblie The sixth Article is directly against the Constitutions of their Church then in force and till then practised the Moderator of the Presbyterie being constantly one as being most able to give an accompt to the Assemblie of all Presbyteriall actions The seventh Article gives order for practising the above mentioned equivocation and enjoyneth them to make their elections before they received Our answer and that they repaire to Edinburgh immediately after their election that all the Commissioners elected may consult before hand upon what was to be said or done at the Assemblie which is in effect neither more nor lesse then to receive directions from their Tables how to carrie themselves at the Assemblie and indeed to preconveene and hold the Assemblie at Edinburgh before their meeting at Glasgow These were their publike instructions which they were not ashamed to avowe and send abroad from their Tables as it were by publike authoritie to the severall Presbyteries of that Kingdome And whether they do not containe prelimitations of the Assemblie we shall leave it to the Reader to judge But whether if We Our Commissioner or Councell had sent any such directions and instructions to the severall Presbyteries they would not have exclaimed against them as unsufferable prelimitations of that Assemblie and prejudgings of the liberties of the Church of Christ in that Realme Wee do appeale even to their owne consciences And yet these publike instructions are nothing to the private ones which they durst not communicate to all their partie but onely to some one Laick and one Minister their speciall confidents in every Presbyterie of which you shall heare more afterwards in their due place Notwithstanding all these discouragements arising from the disorderly proceedings of the Covenanters in the time of his absence Our Commissioner the day after the time prefixed for his returne viz. the 22. day of September 1638. assembled Our Councell at Our Palace of Holy-rood-house and there first delivered unto them this letter from Us as followeth Apud Holy-rood-house Septemb. 22. 1638. The which day James Marquesse of Hamiltoun His Majesties Commissioner produced and exhibited before the Lords of Privie Councell the two Missives underwritten signed by the Kings Majestie and directed to the said Lords which being read heard and considered by the said Lords They have ordained and ordaines the same to bee inserted and registred in the bookes of Secret Councell therein to remaine ad futuram rei memoriam whereof the tenour followeth CHARLES R. RIght trusty c. being certainly informed that the distractions which have happened of late both in Church and Common-wealth in this Our ancient Kingdome of Scotland have much troubled the minds of many of Our good and loyall subjects and that these distractions have beene occasioned upon jealousies and feares of innovation of Religion and Lawes as tending to the introduction of Poperie and not without some suspicion as if Wee Our selfe were inclined that way Upon occasion whereof many of Our subjects have of late subscribed a band or Covenant for preserving the true Religion and Lawes already established and for defending the Kings person and each others in defence thereof But the same not being warranted by Royall authority as that which was in Our deare Fathers time must needs of it selfe be ineffectuall and much prejudiciall to the ancient Forme and Custome of government kept within that Our Kingdome of Scotland Wherefore Wee out of Our inborne love to Our said native Countrie and for obviating these conceived feares and satisfying of you and all Our loving people have thought good to ordaine the Confession of Faith and band subjoyned thereto of the date at Edinburgh
inability and rebellion to Gods law our justification by faith onely our imperfect sanctification and obedience to the law the nature number and use of the holy Sacraments His five bastard Sacraments with all his rites ceremonies and false doctrine added to the ministration of the true Sacraments without the word of God His cruell iudgment against infants departing without the Sacrament His absolute necessitie of Baptisme His blasphemous opinion of Transubstantiation or reall presence of Christs bodie in the elements and receiving of the same by the wicked or bodies of men His dispensations with solemne oathes perjuries and degrees of marriage forbidden in the word His crueltie against the innocent divorced His divellish Masse His blasphemous Priesthood His profane sacrifice for the sinnes of the dead and the quicke His canonization of men calling upon Angels or Saints departed worshipping of imagerie reliques and crosses dedicating of Kirks altars dayes vowes to creatures His purgatory praiers for the dead praying or speaking in a strange language with his processions and blasphemous letanie and multitude of advocates or mediatours His manifold orders auricular confession His desperate uncertaine repentance His generall and doubt some faith His satisfactions of men for their sins His justification by works Opus operatum works of supererogation merits pardons peregrinations and stations His holy water baptising of bells conjuring of spirits crossing sauing anointing conjuring hallowing of Gods good creatures with the superstitious opinion joyned therewith His worldly Mornarchy and wicked Hierarchy His three solemne vowes with all his shavellings of sundry sorts His erroneous and bloudy decrees made at Trent with all the subscribers and approvers of that cruell and bloudy band conjured against the Kirke of God And finally we detest all his vaine allegories rites signes and traditions brought in the Kirk without or against the word of God and doctrine of this true reformed Kirk To the which wee joyn our selves willingly in doctrine faith Religion discipline and use of the holy sacraments as lively members of the same in Christ our head promising and swearing by the great Name of the Lord our God that we shall continue in the obedience of the doctrine and discipline of this Kirk and shall defend the same according to our vocation and power all the dayes of our lives under the paines contained in the law and danger both of body and soule in the day of Gods fearfull judgement And seeing that many are stirred up by Satan and that Roman Antichrist to promise sweare subscribe and for a time use the holy Sacraments in the Kirk deceitfully against their owne consciences minding hereby first under the externall cloak of Religion to corrupt and subvert secretly Gods true Religion within the Kirk and afterward when time may serve to become open enemies and persecuters of the same under vaine hope of the Popes dispensation divised against the word of God to his greater confusion and their double condemnation in the day of the Lord Jesus We therefore willing to take away all suspition of hypocrisie and of such double dealing with God and his Kirk protest and call the Searcher of all hearts to witnesse that our minds and hearts do fully agree with this our confession promise oath and subscription So that we are not moved for any worldly respect but are perswaded only in our consciences through the knowledge and love of Gods true Religion printed in our hearts by the holy Spirit as we shall answer to him in the day when the secrets of all hearts shall be disclosed And because wee perceive that the quietnesse and stability of our Religion and Kirk doth depend upon the safety and good behaviour of the Kings Majestie as upon a comfortable instrument of Gods mercie granted to this countrey for the maintenance of his Kirk and ministration of justice amongst us we protest and promise with our hearts under the same oath hand-writ and paines that we shall defend his person and authority with our geare bodies and lives in the defence of Christ his Evangel liberties of our Countrey ministration of justice and punishment of iniquity against all enemies within this Realme or without as we desire our God to be a strong and mercifull defender to us in the day of our death and comming of our Lord Jesus Christ to whom with the Father and the holy Spirit be all honour and glory eternally Amen WEe under-subscribing and considering the strait linke and conjunction betwixt the true and Christian religion presently profest within this realme and Soveraigne Lords estate and standing having both the selfe same friends and common enemies and subject to the like event of standing and decay and weighing therewithall the imminent danger threatned to the said religion the preservation whereof being dearer to us then whatsoever we have dearest to us in this life And finding in his Majestie a most honourable and Christian resolution to manifest himselfe to the world that zealous and religious Prince which he hath hitherto professed and to imploy the meanes and power that God hath put into his hands as well to the withstanding of whatsoever forraigne force shall meane within this land for alteration of the said religion or endangering of the present state as to the repressing of the inward enemies thereto amongst our selves linked with them in the said Antichristian league and confederacie Have therefore in the presence of Almightie God and with his Majesties authorising and allowance faithfully promised and solemnely sworne like as hereby we faithfully and solemnly sweare and promise to take a true effauld and plaine part with his Majestie amongst our selves for diverting of the appearing danger threatned to the said Religion and his Majesties state and standing depending thereupon by whatsoever forraigne or intestine plots or preparations And to that effect faithfully and that upon our truth and honours binde and oblige us to others to conveene and assemble our selves publikely with our friends in arms or in quiet manner at such times and places as we shall be required by his Proclamations or by writ or message direct to us from his Majesty or any having power from him And being conveened and assembled to join and concurre with the whole forces of our friends and favourers against whatsoever forraigne or intestine powers or Papists and their partakers shall arrive or rise within this Iland or any part thereof ready to defend or pursue as we shall be authorised and conducted by his Majesty or any others having his power and commission to join and hold hand to the execution of whatsoever mean or order shall be thought meet by his Majesty and his Councell for suppressing of the Papists promotion of the true Religion and setling of his Highnesse estate and obedience in all the countries and corners of this Realme to expound and hazzard our lives lands and goods and whatsoever meanes God hath lent us in the defence of the said true and Christian Religion and his Majesties person
people betweene two opinions and their not answering a word when the Lord called them to give a testimony Act. 20.20 I have keeped backe nothing that was profitable unto you and againe 1 Cor. 12.7 Mat. 15.18 Rom. 1.18 Revel 2.14.20 and 3.15 and therefore to keepe silence or not to meddle with corruptions whether in doctrine sacraments worship or discipline in a generall Assembly of the Kirk conveened for that end were the ready way to move the Lord to deny his Spirit unto us and to provoke him to wrath against our proceedings and might be imputed unto us for prejudice for collusion and for betraying our selves and the posterity 2. This predetermination is against our supplications and protestations wherein we have showne our selves so earnest for a free generall Assembly contrary to every limitation of this kind so far prejudging the liberty thereof is against the Confession of Faith registrated in the Parliament 1567. declaring that one cause of the Councels of the Kirk is for good policie and order to be observed in the Kirk and for to change such things as men have devised when they rather foster superstition then edifie the Kirke using the same and is against our late Confession wherein we have promised to forbeare all novations till they be tryed which obligeth us to forbeare now and to try them in an Assembly and by all lawfull meanes to labour to recover the former purity and liberty of the Gospel to which this limitation is directly repugnant our liberty in a Generall Assembly being the principall of all lawfull meanes serving to that end 3. This were directly contrary to the nature and ends of a generall assembly which having authority from God being conveened according to the lawes of the Kingdome and receiving power from the whole collective body of the Kirke for the good of Religion and safety of the Kirke Whatsoever may conduce for these good ends in wisedome and modestie should be proponed examined and determined without Prelimitation either of the matters to be treated or of the libertie of the members thereof It being manifest that as farre as the assembly is limited in the matters to bee treated and in the members to be used the necessary ends of the Assembly and the supreme Law which is the safety of the Kirke are as far hindered and pre-judged This limitation is against the Discipline of the Kirke which Booke 2. chap. 7. declareth this to be one of her liberties That the Assembly hath power to abrogate and abolish all Statutes and ordinances concerning Ecclesiasticall matters that are found noysome and unprofitable and agree not with the time or are abused by the people and against the acts of the generall assembly Like as the pretended Assembly 1610. declareth for the common affaires of the Kirk without exception or limitation it is necessary that there be yearly generall Assemblies And what order can be hoped for hereafter if this assembly indicted after so long intermission and so many grosse corruptions be limited and that more than ever any lawfull Assembly of the Kirk was when it was yearly observed 5. It is ordained in Parl. 11. act 40. K. James 6. anent the necessarie and lawfull forme of all Parliaments that nothing shall be done or commanded to be done which may directly or indirectly prejudge the libertie of free voycing or reasoning of the Estates or any of them in time comming It is also appointed in Parl. 6. act 92. K. James 6. that the Lords of Counsell and Session proceed in all civill causes intended or depending before them or to be intended to cause execute their decrees notwithstanding any private writing charge or command in the contrarie and generally by the acts of Parliament appointing every matter for its owne judicatorie and to all judicatories their owne freedome And therefore much more doth this liberty belong to the supreme judicatorie ecclesiastick in matters so important as concerneth Gods honour and worship immediatly the salvation of the peoples Soules and right constitution of the Kirk whose liberties and priviledges are confirmed Parl. 12. K. James 6. Parl. 1. K. Charles for if it be carefully provided by diverse Acts of Parliament especially Parl. 12. act 148. K. James 6. That there be no forstalling or regrating of things pertaining to this naturall life What shall be thought of this spirituall for stalling and regrating which tendeth to the famishing or poysoning of the soules of the people both now and in the generations afterward 6. It were contrary to our Protestations proceedings and complaints against the late innovations And it might be accounted an innovation and usurpation as grosse dangerous to us and the posterity and as prejudiciall to Religion as any complained upon by us to admit limitations and secret or open determinations which belongeth to no person or judicatorie but to an Assembly Or to consent to and approve by our silence the same predeterminations It were to be guilty of that our selves which we condemne in others We may easily judge how the Apostles before the Councell of Jerusalem the Fathers before the Nicene Councell and our Predecessors before the assembly holden at the Reformation and afterwards would have taken such dealing That this Proclamation commandeth all his Majesties Subjects for maintenance of the Religion already established to subscribe and renew the Confession of Faith subscribed before in the yeere 1580 and afterward And requireth the Lords of privie Councell to take such course anent the same and the generall Band of Maintenance of the true Religion and the Kings person that it may be subscribed and renewed throughout the whole Kingdome with all possible diligence which cannot now be performed by us For although of late we would have been glad that our selves and other his Majesties Subjects had been commanded by authority to sweare and subscribe the generall Confession of Faith against Popish errours and superstitions and now would be glad that all others should joyne with us in our late Covenant Confession descending more specially to the novations and errors of the time and obliging us to the defence of Religion and of the Kings Majesties person and authority and for these ends to the mutuall defence every one of us of another Yet can we not now after so necessarie and so solemne a specification returne to the generall for the reasons following 1. No means have been left unassayed against our late Confession of Faith and Covenant so solemnly sworn and subscribed For first we were prest with the rendring and rescinding of our Covenant Next an alteration in some substantiall points was urged 3. A Declaration was motioned which tended to the enervation thereof and now we find in the same straine that we are put to a new tryall and the last mean is used more subtile than the former That by this new subscription our late Covenant and Confession may be quite absorbed and buried in oblivion that where it was intended
proposition expressed at the beginning of this ninth reason For there they affirm it plainly that a man may swear secundùm rem juratam though he know that that which hee sweares to is against the meaning and sense of him that gives the oath Which is such a notable piece of equivocation and indeed of such dishonestie as is not to be expressed by Us in its proper name for no patron of equivocation hath yet out-gone it The tenth reason propoundeth an undoubted truth viz. that by swearing that confession none of these pretended innovations is abjured What then Is it not sufficient that by Our authoritie they are discharged and referred to the tryall of a generall Assembly and Parliament The 11. reason repeateth againe the dark parable of the March-stone which was in the sixth reason it would breake any mans teeth to cracke it and it is not to be hoped that ever any man will find the pith and kernell of it and therefore let it be as unintelligible as the sixth The 12. reason is such a one as certainly no rationall man could ever have dreamed of If we subscribe the confession by the Kings authoritie then it will be thought that we acquiesce in His Majesties Declaration and that wee are contented to be pardoned by Him and that is such a thing as it turnes all our glorie into shame by confessing our guiltinesse A strange fancie that men should account that a shame which the Scripture calleth giving glorie unto God But truly it is not farre from blasphemy when they affirme that God by the fire of his Spirit from heaven hath accepted their service If they meane their Covenant what more can be said of the holy Scriptures For sure to be indited by the Spirit and to be approved by the fire of the Spirit from heaven is much about one if there be any difference the odds will seeme to lye upon the acceptation of it from heaven by the fire of the Spirit for the Spirit descending upon the Apostles in fierie tongues was that which both sealed their calling unto them and enabled them for it and for inditing those holy Scriptures which they wrote And thus before they are aware they make themselves patrons of a notable point of Poperie viz. That their Covenant which sure was penned by men and so but a humane writing is of equall authoritie with the sacred Scriptures for if it bee approved from heaven by the fire of the Spirit it must bee so But Wee hope that every man will pitie this frenzie and give no credit to it untill they make it appeare unto Us when and where God from heaven by the fire of his Spirit did seale and approve this Covenant The 13. reason is a mad one indeed for it doth condemne the confession of faith which was first subscribed in 1580. upon which confession they doe solely ground their owne Covenant for that confession hath no such oath for reformation of life annexed unto it The truth is some thing they would have said against Our Declaration but they did not well know what their wits were runne very low when in an extraordinarie Vow and Covenant with God they would put in Reformation of life unto which every man is tied by the ordinary morall precepts both of Law and Gospel and by the doctrine of repentance contained in both For the reason which is in their 14.15 and 16. Reasons We leave it for them to find that can We are perswaded they will lose their labour who seek it After their Reasons they conclude with 7. Protestations which truly need not to be taken notice of for being grounded upon so weake and inconsiderable considerations the Reader is unreasonable like them if he should expect a conclusion stronger then the premises In the preamble to them take notice onely of their dangerous and fearfull approach unto blasphemy while they affirm That the Covenant made by them was sealed from heaven Their first Protestation is utterly invalid being Protestatio contra factum for it is plaine to the whole World that the rebellious distractions of that Kingdome proceed from them alone Their second Protestation is void most evidently upon the same ground for they themselves both by their publique instructions of which you have heard and in their private instructions of which you shall heare have used many prelimitations in all the particulars against which they protest but neither We nor any by Our authoritie have used any The third Protestation begins with a supposition which they themselves do know to be most false for both Archbishops and Bishops had at the time of this their Protestation both by the Acts of the Church and by the Acts of Parliament a settled office in the Church and have so still by Parliament nay and by Assembly too unlesse they do pitifully begge that which will never be granted them That their last Assembly at Glasgow was a lawfull Assembly after Our Authoritie had dissolved it And as it beginneth with a false supposition so it endeth with as false and foolish a position and petition For it maintaineth That all these who are to undergoe any tryall at the Assembly either upon any generall complaint already made or upon any particular accusation to be given in against them are to compeere at that Assembly not to have voice but as rei upon which ground none of themselves could have voice there for they were all liable to tryall and censure upon any particular accusation that was to be given in against them And then their petition is That the warning given to the Bishops by this Our Proclamation and this their Protestation should be a sufficient Citation to them to appeare as rei That their Protestation should be so Wee protest it is so foolish a request as We are confident no man ever heard of the like before nor could they expect that any man indued with reason would yeeld unto it And that our warning of the Bishops by Proclamation to appeare at the Assembly as We did all the rest of the members of it should make them appeare as rei is such a conceit as We wonder any man could light upon it unlesse they doe hold that every one of themselves was to appeare as reus too for all of them were warned by Our Proclamation to appeare at the Assembly as well as the Bishops In their fourth Protestation We onely admire their rare and undeniable impudence who dare affirme that their Covenant is approved from heaven with rare and undeniable evidences when all the Christians in the world except themselves and their faction who have heard of it doe acknowledge that no such Covenant or Combination can come from Heaven but from Hell from whence cometh all faction and schisme In their fifth Protestation they doe runne into an act of high treason for they appeale from Us and Our Councell which by an Act of Parliament is made high treason and which they know themselves was
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
your Lordsh meanes for naming none I know not to whom I shall take my selfe nor doe I know what violence and threatnings you mean If you meane his Majesties Commissioners appointed by the King they requiring his subjects to subscribe the old Confession and Covenant by his authoritie now renewed and remonstrating unto them the danger they incurre by law in not obeying his Majesties commandement I hope that cannot bee called violence but duty the omission whereof must needs bee a violation of and violence offered to his Majesties sacred authority If other violences and threatnings they have used as your Lordsh seemeth to intimate for their obedience to his Majesties just authority I am sure your Lordsh will not call violence they must answer for it and shall whensoever your Lordsh shall make known the delinquents But alas my Lords Tell me now in good earnest whether you have heard they have used such violence in perswading this Covenant as hath beene used by your adherents in inforcing of yours hath the bloud of Gods servants his holy Ministers been shed which bloud I am affraid keepeth the vengeance of God still hanging over this Land have men beene beaten turned out of their livings and maintenance reviled and excommunicated in the Pulpits and a thousand more outrages acted upon them for not subscribing this Covenant have none who have subscribed your Covenant done it with blind and doubting minds If they have I beseech your Lordsh not to call his Majesties Councellours legall proceedings irreligious and unjust untill you have proved the piety and justice of the proceedings of your owne adherents For the other of your undertaking and promising for your parts that no man should be troubled till the Assembly and expecting the like from us truly I am glad I have it under your Lordsh hands for I think there are few houres of any one day since the indicting of the Assemblie that from all parts of this Kingdome I am not vexed with complaints of new processing of Ministers new with-holding of Ministers stipends unprocessed heavie complaints of Ministers of your owne Covenant that they are threatned and that sharply and bitterly for their declaring of their griefe in being barred of their freedome in the election of their owne Commissioners to the Generall Assembly and being borne down by the multitude of Lay voyces and menaced because of their protesting against the same The complaints of Ministers Non-Covenanters and Lay-Elders Non-Covenanters chosen by their Sessions to assist at the election of the Commissioners from the Presbyteries but turned backe for not having subscribed your Covenant and reviled with bitter words for being so pert as to come thither is this the performance of promising that no man shall bee troubled till the Assembly These are indeed preparations verie unfit to precede this Assembly they being so unpeaceable and like to take up much time in discussing at that great Meeting the illegality of these elections My Lord the truth is I shall be as carefull to see any wrong offered by his Majesties Commissioners in urging his Majesties authority punished when I shall know the offences and the offenders as I am heartily grieved at the proceedings of your Associats Here I am sure his Majesties Commissioners have been rather backward then forward but so have not your Lordsh adherents been for they have in verie many places proclaimed your Protestation where his Majesties Declaration hath not been proclaimed I hope your Lordsh will pardon my unusuall prolixitie for I confesse I am much troubled to see his Majesties good subjects led into such misconstructions of his pious and religious intentions towards them This my Letter I pray your Lordsh to communicate to the other Noble Lords who subscribed that to me To your selfe and them I pray your Lordsh commend the true respects of Your Lordsh. For the Earle of Cassills THis Letter it seemes gave them no satisfaction for they still continued their reports Besides they had the boldnesse by another Letter from the same Table sent likewise to Our Commissioner being then at Hammilton to expostulate with him that one of Our Ships at sea had searched a Scottish Merchants Ship for Ammunition when as they themselves before had searched a Merchants Ship for some Ammunition which We had sent for Scotland and would have seized upon it if they had not been prevented and immediately after a little English Vessell carrying Beere to some part of that Kingdome was likewise stayed and searched by them In the same Letter they quarrell with Our Commissioner for hindering the bringing of Horses from England thither which is unlawfull for any one to doe without a speciall licence from the Master of Our Horse The copie of their Letter filled with their ordinarie pretences of Religion and Our Commissioners Answer unto it be these Please your Grace AFter your parting from us we had knowledge from John Wilson Skipper and sundry of his Passengers newly arrived That being at Sea on his way from Holland hither one of his Majesties small ships of eight Peeces came aboard and searched him for Armes and Ammunition declaring they did the same by his Majesties Warrant We doe not so much value the hazzard of any prejudice as we are heartily grieved to find any such note of his Majesties displeasure differencing us from his other subjects when our own hearts and the Lord that searcheth them doth heare witnesse of our loyaltie and affection to his Majestie especially to have found it now when we are made so secure both by the hopes of obteyning from his Majesties favour by your mediation these ordinary and publike remedies that can fully settle this Church and State and by assurance from your Grace we should finde no such hard dealing during the time of your imployment amongst the subjects here who trust in your care to prevent speedily the inconvenience of this as you did in that other late particular anent the arrest of our horses in England We thinke this advertisment sufficient to your Grace who is wounded through our sides if wee suffer any thing in this time being so farre interessed to vindicate us from such prejudice who doe acknowledge our selves to be Edinb the 28. Septemb. 1638. Your Graces humble servants Rothees Montrose Home Weymse Lindesay Boyd Londone Balmerino Dalhousie Forrester Elcho Craustoune Baltarres Burghly Lothiane My Lord I Have received a Letter this day signed by your Lordsh and sundry other Noblemen making mention that one John Wilson Skipper being on his way from Holland hither was searched by one of his Majesties small ships This is no new nor unaccustomed thing for commonly the Captains of his Majesties ships during the time of being at sea doe take notice what the loadings of all such ships are as they meet with who trade in the Channell it being a prerogative that belongs to his Imperall Crown I am perswaded that your Lordsh and the rest of my Lords cannot thinke but if
proceeding which how it doth stand with his Majesties Supremacie in all causes and over all persons wee leave it to that judgement whereunto it belongeth and doe call God and man to witnesse if these be fit members of an Assembly intended for the order and peace of the Church Giving and not granting that the persons foresaid directed Commissioners in name of the Clergy to this meeting were capable of that authority and that the said Presbyteries had the authority to direct Commissioners to the generall Assembly yet have they now lost and fallen from all such right if any they had in so farre as they have deposed the Moderatours who were lawfully appointed to governe them by the Bishops in their Synods and elected others in their place contrary to the Act of the Assembly at Glasgow 1610. and Act of Parl. 1612. ordaining Bishops to be Moderatours at these meetings and in their absence the Minister whom the Bishop should appoint at the Synode So these meetings having disclaimed the authority of Bishops deposed their lawfull Moderatours and chusing others without authority cannot be esteemed lawfull convocations that can have lawfull power of sending out Commissioners with authority to judge of the affaires of this Church And yet doth the nullity of the Commissions flowing from such meetings further appeare in this that they have associate to themselves a laick ruling Elder as they call him out of every Session and Parish who being ordinarily the Lord of the Parish or a man of the greatest authority in the bounds doth over-rule in the election of the said Commissioners both by his authority and their number being moe then the Ministers whereof some being ordinarily absent and five or six or so many of them put in list and removed there remain but a few Ministers to voice to the election and in effect the Commissioners for the Clergie are chosen by lay-men contrary to all order decencie and custome observed in the Christian world no wise according to the custome of this Church which they pretend to follow the Presbyteries formerly never associating to themselves lay-elders in the election of the Commissioners to the generall Assembly but onely for their assistance in discipline and correction of manners calling for them at such occasions as they stood in need of their godly concurrence declaring otherwise their meeting not necessarie and providing expresly that they should not be equall but fewer in number then the Pastours as by Act of Assembly at Saint Andrews April 24. 1582. where Master Andrew Melvill was Moderatour doth appeare Like as these fourty yeares by gone and upwards long before the re-establishing of Bishops these lay-elders have not been called at all to Presbyteries And by the Act at Dundie 1597. whereby it is pretended that Presbyteries have authoritie to send these lay Commissioners it doth no way appeare that those lay-elders had any hand in chusing of the Ministers and this is the onely Act of the Assembly authorizing Presbyteries to chuse Commissioners to the general Assembly nor have lay elders sate ordinarily in Presbyteries upon any occasion these fourty yeares and upwards nor ever had any place nor voyce in the election of Ministers for the generall Assembly and consequently those chosen by them to this Assembly have no lawfull power nor authority Beside the persons Ecclesiasticall pretended to be authorized Commissioners to this Assemblie have so behaved themselves that justly they may be thought unworthy and uncapable of Commission to a free and lawfull Assemblie 1. For that by their seditious and railing Sermons and Pamphlets they have wounded the Kings honour and Soveraigne authoritie and animated his liedges to rebellion averring that all authoritie Soveraigne is Originally in the collective bodie derived from thence to the Prince and that not onely in case of negligence it is Suppletivè in the collective bodie as being communicate from the Commontie to the King Cumulativè not Privativè but also in case of mal-administration to returne to the collective bodie so that Rex excidit jure suo and that they may refuse obedience 2. Next they are knowne to bee such as have either beene schismatically refractorie and opposite to good order setled in the Church and State or such as having promised subscribed and sworne obedience to their Ordinarie have never made conscience of their oath or such as have sworne and accordingly practised yet contrarie to their promise and practice have resiled to the contempt of authoritie and disturbance of the Church or such as are under the Censures of the Church of Ireland for their disobedience to order or under the Censures of this Church or conveened at least deserving to bee conveened before the Ordinaries or a lawfull generall Assemblie for divers transgressions deserving deprivation As first for uttering in their Sermons rash and irreverent speeches in Pulpit against his Majesties Councell and their proceedings punishable by deprivation by the Act of Assemblie at Edinburgh May 22. 1590. Next for reproving his Majesties Lawes Statutes and Ordinances contrarie to the Act of Assembly at Perth Maii 1. 1596. Thirdly for expressing of mens names in Pulpit or describing them vively to their reproach where there was no notorious fault against another Act of the same Assemblie Fourthly for using applications in their Sermons not tending to the edification of their present Auditorie contrarie to another Act of the same Assemblie Fifthly for keeping conventions not allowed by his Majestie without his knowledge and consent contrarie to another Act of the same Assemblie Sixthly for receiving of people of other Ministers flocks to the Communion contrary to order Acts of Assemblies and Councels Seventhly for intruding themselves into other mens Pulpits without calling or authoritie Eighthly for usurping the authoritie to convent their Brethren and proceed against them to the Censures of suspension and deprivation Ninthly for pressing the people to subscribe a Covenant not allowed by authoritie and opposing and withstanding the subscribing of a Covenant offered by his Majestie and allowed by the Councell Beside many personall faults and enormities whereof many of them are guiltie which in charitie we forbeare to expresse But hereby it doth appeare how unfit these persons are to be members of a free and lawfull Assemblie Nor doth it stand with Reason Scripture or practice of the Christian Church that Lay-men should be authorized to have decisive voice in a generall Assemblie In that Act of Dundie 1597. whereby these Elders pretend to have this place there is no warrant expressed for them to deliberate and determine Their presence and assistance wee approve being allowed and authorized by the Prince The Kings Majesties presence in person or by his delegates wee hold most necessarie to see all things orderly and peaceably done and that hee have the chiefe hand in all Deliberations and Determinations Nor do we refuse that any intelligent or moderate man may make remonstrance of his opinion with the reasons of it in that way that becommeth him
afterward by his authoritie renewed then they needed not to have sit one houre longer for finding of that for any man that can read may finde the words and syllables of both to be the very same without the least alteration But if by their Covenant they doe understand their explications additions and glosses which destroy and corrupt the verie text of the first Covenant then certainly they should not have risen yet nor could have risen untill the end of the world for they will never finde that these corrupt glosses apocryphall additions of their owne can consist with Our Royall Father his Confession and Covenant upon which they pretend they ground their owne Besides as shall presently appeare they have discharged all men to subscribe the Confession and Covenant commanded by Our authority which Wee suppose they would not have done if they had found them to be one and therefore if they be men of their words they should have sate still and not risen yet because as yet they have not found them to be one After their seven reasons they adde seven protestations of the same piece with their reasons The first third fourth and fifth are not worth the reading for they conteine nothing but their usuall tautologies and taking the sacred name of God in vaine In the second and latter end of their sixth reason their is so much boldnesse expressed as could never have beene expected from any men who had been acquainted with the names of King Law Authoritie or Government For who ever heard that subjects durst require their Kings Commissioner not to depart out of the Assembly when he himselfe had pleased although he had not been commanded by Us so to doe what greater command could they have laid upon the meanest member of the Assembly then this by which they affronted Our Commissioner and in him Us and Our authoritie But their cytation of Our Councell who signed Our Proclamation to appeare as offenders before Us and Our three Estates of Parliament which by the way Wee wonder how they can bee made up without Bishops and to answer the subscription of Our Proclamation as a crime is a boldnesse that calleth more for admiration then refutation They cyte for this their doing the twelfth act of the second Parliament of Our Royall Progenitor James the fourth Wee wondered that in his dayes there should bee any warrant found for the allowing the members of a generall Assembly in any thing in whose time a generall Assembly had no existence but when we looked upon the act We wondered much more for there is not so much as any word to bee read there which can bee drawne to any shew of construction that way That act attributeth rather too much to Privie Councellours then diminisheth them so that upon perusall of the act We were almost inforced to excuse them and lay the fault upon the Printer who had mistaken the cytation untill Wee remembred that in their cytations both of other acts of Parliament and many passages of holy Scripture they are as farre out as in this hoping belike that the Reader would never peruse them That which they affirme about the middle of the sixth Protestation that the Prelates moved Our Commissioner to dissolve the Assembly We must averre upon Our owne knowledge to be farre otherwise for he did it by Our speciall commandement when none of the Prelates were neere Us to give Us any such advice Their seventh protestation is usuall with them and therefore now not to be taken notice of And now when the Reader hath perused both Our Proclamation for the dissolving of that Assembly and their Protestation against that Our Proclamation and hath well weighed all the precedent first violences and then jugglings for their obtayning of such persons onely to be elected as should be sure to stand for such conclusions as they had resolved upon at their Tables at Edinburgh We doe leave it to the judgement of every man to consider whether Wee could any longer continue that Assembly without indangering Our owne Royall authoritie which they intended to supplant and betraying into the hands and power of their sworne and combined enemies the Bishops of that Church who never declined nor yet doe decline the tryall of a generall Assembly lawfully constituted They did long call for a free generall Assembly Wee granted them one most free on Our part and in Our intentions But as they have handled and marred the matter let God and the World judge whether the least shadow or footstep of freedome can in this assembly of theirs be discerned by any man who hath not given a Bill of divorce both to his naturall light that is his Understanding and to his connaturall light that is his Conscience It is a great errour to conceive that libertie and limitation are destructive one of another for that freedome which admitteth no bounds and limits is not libertie but licentiousnesse When therefore they talked of a free generall assembly We tooke it as granted that they meant not an assembly in which every one both in the necessarie preparations preceding it and in the necessarie proceedings in it might say and doe what hee would but such an assembly in which no man having interest should bee barred either in the precedings to it or proceedings in it of that libertie which the lawes or customes of that Kingdome and Church in which that assembly was convocated doe allow him which two bounds whosoever shall transgresse though they pretend libertie and freedome yet in all true intendment construction they must be taken either for professed common or clandestine enemies to the freedome of that assembly What wresting and wringing was used in their last Protestation made at Edinburgh to charge Our gracious Proclamation with prelimitations is knowne and it was detested by many even of their owne Covenant Whether their courses especially in the elections of the members of this assembly were not onely prelimitations of it but strong barres against the freedome of it and such as did utterly destroy both the name and nature of a free assembly inducing upon it many and maine nullities besides the reasons contained in the Bishops Declinator let these few particulars declare First whereas they refused so much as to heare from Our Commissioner of any precedent treatie for repairing and right ordering of things before the Assembly alledging that it could not be a free Assembly where there was any consultation before either concerning the chusers or those to bee chosen or things to be discussed in the Assembly but that all things must be treated of upon the place else the Assembly must needs be prelimitated Whether they did not transgress in all these particulars is easie to bee discerned For besides these instructions which it may bee are not come to Our knowledge We have seen and Our Commissioner at the Assembly did produce foure severall papers of instructions sent from them who call themselves the Table all of
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
sundrie Noblemen Barons Gentlemen Magistrates and all other Our lieges who shall happen to bee present and heare any Ministers either in publike or private conferences and speeches or in their Sermons to approve and allow the said unlawfull Assemblie raile and utter any speeches against Our Royall commandments or proceedings of Us or Our Councell for punishing or suppressing such enormities that they make relation and report thereof to Our Councell and furnish probation to the effect the same may bee accordingly punished as they will answer to Us thereupon Certifying them who shall heare and conceale the said speeches that they shall bee esteemed as allowers of the same and shall accordingly bee taken order with and punished therefore without favour And to this effect We likewise straightly charge and command all Judges whatsoever within this Realme Clerks and Writers not to grant or passe any Bill summons or letters or any other execution whatsoever upon any Act or Deed proceeding from the said pretended Assemblie and all keepers of the signet from signetting thereof and that under all highest paines And because Wee gave order and warrant to Our Commissioner to make open declaration not onely of Our sense but even of the true meaning of the Confession of Faith in Anno 1580. by which it may clearely appeare that as Wee never intended thereby to exclude Episcopacie so by no right construction can it bee otherwayes interpreted as is more nor evident by the reasons contained in the said Declaration and many more which for brevitie the thing in it selfe being so cleare are omitted Herefore Wee do not onely prohibit and discharge all Our subjects from subscribing any band or giving any writ subscription or oath to or upon any Act or Deed that proceeds from the foresaid pretended Assemblie but also do require them not to subscribe nor sweare the said Confession in no other sense then that which is contained in the said Declaration and manifestly emitted by Our Commissioner under all highest paines And that none of Our good subjects who in their duty and bound obedience to Us shall refuse to acknowledge the said pretended Assemblie or any of the pretended Acts constitutions warrants or directions proceeding therefrom may have just ground of feare of danger or harme by doing thereof Wee do by these promise and upon the word of a King oblige Our selves by all the Royall authoritie and power wherewith God hath endowed Us to protect and defend them and everie one of them in their persons fortunes and goods against all and whatsoever person or persons who shall dare or presume to call in question trouble or any wayes molest them or any of them therefore And Our will is and Wee charge you straitly and command that incontinent these Our Letters seene you passe and make publication hereof by open Proclamation at the market crosse of Edinburgh and other places needfull wherethrough none pretend ignorance of the same Given from Our Court at Whitehall the eighth day of December and of Our Reigne the fourteenth yeere 1638. Per Regem THis Our Proclamation published onely to make Our people acquainted with Our gracious proceedings at Glasgow which by the malice of their Leaders had either beene concealed from them or misreported to them was received as all Our former gracious proffers with a verie undutifull windie and blustering Protestation so full of words but withall so void of truth and sense as We were once resolved not to have inserted it here neither indeed is it necessarie it should for it is stuffed with the idle and superfluous repetitions of those things which are contained in their former Protestations especially their last Protestation made at Glasgow with which indeed it is for the most part the same verbatim Yet because We know that if it should be left out they would not stick to assure their followers that it was omitted because of the unanswerable pregnancie of the reasons contained in it here you shall have it but without any answer to it as to their former Protestations hath beene given there being verie little in it which is new and so not answered before or what is in it new being either verie false or verie impertinent both which falsities and impertinencies shall onely bee observed on the margent being assured that the Reader will easily finde that there is nothing in it worthie of any larger answer The Protestation of the generall Assemblie of the Kirke of Scotland made at the Market Crosse of Edinburgh the 18. of December 1638. WE Commissioners from Presbyteries Burghes and Universities now conveened and yet sitting in a full and free Assemblie of the Kirk of Scotland indicted by his Majestie and gathered together in the name of the Lord Jesus Christ the onely Head and Monarch of his owne Kirk And We Noblemen Barons Gentlemen Ministers Burgesses and Commons Subscribers of the Confession of Faith make it knowne that where We his Majesties loyall subjects of all degrees considering and taking to heart the many and great innovations and corruptions lately by the Prelats and their adherents introduced into the doctrine worship and discipline of this Kirk which had been before in great purity to our unspeakable comfort established among us were moved to present many earnest desires and humble supplications to his sacred Majestie for granting a free generall Assemblie as the only legall and readie mean to try these innovations to purge out the corruptions and settle the disorder of the Kirk for the good of Religion the honour of the King and the comfort and peace of the Kirk and Kingdome it pleased his gracious Majestie out of his Royall bountie to direct unto this Kingdome the Noble and Potent Lord James Marquesse of Hamiltoun with Commission to heare and redresse the just grievances of the good subjects who by many Petitions and frequent conferences being fully informed of the absolute necessitie of a free generall Assemblie as the onely judicatorie which had power to remedy those evils was pleased to undergo the paines of a voyage to England for presenting the pitifull condition of our Kirk to his sacred Maiestie And the said Commissioner his Grace returned againe in August last with power to indict an Assemblie but with the condition of such prelimitations as did both destroy the freedome of an Assemblie and could no wayes cure the present diseases of this Kirk Which was made so clearely apparant to his Grace that for satisfying the reasonable desires of the subjects groaning under the wearinesse and prejudices of longsome attendance he was againe pleased to undertake another journey to His Majestie and promised to endeavour to obtaine a free generall Assemblie without any prelimitation either of the constitution and members or matters to bee treated or manner and order of proceeding so that if any question should arise concerning these particulars whereof the power of ruling Elders as a part of the constitution and the examination of Episcopacie as a present
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
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
Our Commissioner sitting in Assembly shall denie Our voice to any thing which to Us appeareth to bee unjust and repugnant to Our Lawes yet if that shall be concluded by most voices of the Assembly that then We are bound jure divino to see all these conclusions made in despight of Us obeyed by all Our subjects and by Our authoritie to inforce obedience to these Acts and if Our Councellers or Judges shall refuse to do the like then they shall be lyable to the sentence of Excommunication and so be deprived not onely of their places but of their estates A position to which We suppose they will never gaine the consent of Princes or Magistrates put in authoritie under them A fourteenth position is this An Assembly may abrogate Acts of Parliament and discharge Our subjects from obedience to them if they any way reflect upon businesse of the Church which We wonder that the Nobilitie Gentrie and Burrowes can endure for as it doth derogate principally from Our authoritie so doth it proportionably from theirs when they are assembled in Parliament and indeed it is to be wondred at how any man that is acquainted with government can endure it for it destroyeth not onely the nature but the very name of the high Court of Parliament for how can that be called the Highest Court of the Kingdome if a generall assembly may rescind the acts of it And that power which may repeale one act of it may repeale more nay all acts of it when it shall bee pleased to exercise that power and say it is in order to the glory of God and the good of his Church A fifteenth position is this The Protestation of subjects against Lawes established whether it be made coram Judice or non Judice before the Judges of the people or the people themselves who are borne to be judged doth void all obedience to these Lawes and dischargeth all the protesters from any obligation to live under them before ever these Protestations and the validitie of them shall come to be discussed before the competent Judges of them nay although they bee repelled by the Judges before whom they are made all which since these troubles begun in that Kingdome have been usually practised by the Covenanters who having sometimes made Protestations against Our Lawes before Our Councell sometimes before Our Commissioner sometimes before the Lords of Our Session who repelled them all then they made them before the people their owne associates in the publique Market-places and by that meanes held these Protestations sufficiently admitted and themselves discharged from obedience to all these Lawes against which they protested alledging perhaps that they were unjustly and unduely enacted which course if it may be allowed in any Common-wealth and that Protestations before they be discussed may discharge subjects from obedience to Lawes what subject will yeeld obedience to any Law by which he findeth himselfe pressed or inconvenienced when the remedie of a Protestation whether admitted or not admitted is so readie at hand A sixteenth and last position is this which indeed is the worst of all for it is both the mother and nurse of all the rest and is such a shamefull one that they have not printed it in terminis but it followeth by an unavoidable consequence upon many of their printed positions as all of them doe follow upon and flow from it And the practice of it is so current with them as it appeareth almost in every one of their particular actions And it is thus A number of men being the greater part of the Kingdome because they are the greater and in that sense say they the more considerable part may doe any thing which they themselves doe conceive to be conduceable to the glory of God and the good of the Church notwithstanding of any lawes standing in force to the contrarie and that this greater part especially met in a representative assembly may without the authoritie of Us against the expresse commandement of Us and Our Councell and Our Judges declaration of it to be against the lawes of Our Kingdome chuse some few Noblemen Gentlemen Ministers and Burgesses who under the name of Committees or Commissioners from the generall assembly to bee chosen from assembly to assembly shall sit and determine of things concerning the Church and State as if there were neither King Councell nor Judge in the land They complaine of a High Commission erected by Us and Our authoritie but whether this be not a higher Commission then that We leave it to every impartiall judgement They answer for themselves onely this That they doe it as being put in authoritie by the generall assembly which is say they a Court independent from Us and therefore may erect what Court it will without Us and may appoint what Commissioners it will to sit for that Court so they meddle with nothing but Ecclesiasticall businesse But let the Reader consider how many wicked and insufferable absurdities this their answer carrieth along with it First By what authoritie did they doe the same things which they now doe before the assembly was indicted They could not bee then Commissioners from the generall assembly Next Who gave the generall assembly power to erect any such Table of Commissioners They found themselves aggrieved with the high Cōmission established by Us upon this ground that there was no such Court established either by acts of generall assembly or Parliament And now Wee desire them to shew any act of Parliament giving the assembly power to erect any such Table of Commissioners Thirdly in the erection of this Table they out-doe any thing which yet hath been either said or done by the Jesuites in defence of the Churches authoritie and the authoritie of her visible Head over Kings and Princes for they did never yet affirme that the Ecclesiasticall authoritie could bee exercised but by Ecclesiasticall persons but these men doe hold that Noblemen Gentlemen and Burgesses may execute this authoritie But they say they doe not exercise it as any such lay-men but as ruling-Elders and so in the capacitie of Ecclesiasticall persons But can there any childe be found who will not laugh at this if ever he have heard but the common names of Church-men and Lay-men Can these two be confounded Can the calling of a man by the name of an Elder make him an Ecclesiasticall person if by his place and calling hee is never to discharge any office of a Church-man They have declared it to be unlawfull for Bishops to have voices in Parliament Councell or any secular Judicatorie because these places are incompatible with the places of Ecclesiasticall persons And shall not lay-persons be as incapable at least to meddle with Divine and Ecclesiasticall businesses Or if they shall then let these Ecclesiasticall Elders renounce their places in Parliament and other secular Courts of justice and become ruling-Elders onely Fourthly they alledge that they meddle onely in Ecclesiasticall causes Although it bee unlawfull
none of these things were so yet Wee would be satisfied in this point Whether Our refusing of the intrusion of lay-Elders and the extrusion of Episcopall government can bee to the conscience of any man a sufficient warrant or ground for his taking armes against his lawfull King and Soveraigne for now their very Leaders acknowledging that We have given them satisfaction in the rest make these two the onely ground of all their armes And Wee appeale to the consciences of most of Our subjects Covenanters if when they entered into that Covenant at the first they did ever imagine that they should be perswaded to take armes against Us for these two points of lay-Elders and Episcopall government if they should receive satisfaction from Us in their other grievances and feared innovations as We have before declared Wee are confident that no such matter was then within the compasse of their thoughts We then having fully removed those pretended feares which occasioned their Covenant Wee cannot but hope that Our seduced subjects will returne to their former obedience but for their seducers Wee know that some of them from the very first were resolved never to receive any satisfaction This grand imposture and calumnie with the other three being removed We will now declare fully and freely to all Our subjects of Our three Kingdomes and to all forrainers besides the true and onely causes which doe inforce Us at this time to use force for the repressing of the insolencies of such of Our subjects in that Kingdome as shall stand out against Us first protesting that none of the causes before mentioned suggested by their Leaders have settled in Us this resolution but onely these causes which now follow First We will never endure that any of Our subjects nay that all Our subjects if they could possibly bee all of one mind out of Parliament shall ever abolish or destroy any Act of Parliament especially not Noblemen and others assembled in an Ecclesiasticall Assembly for to hold that any Assembly of subjects out of Parliament or in Parliament without Our consent may abolish any Act of Parliament destroyeth the very foundation of government and justice in all Monarchies and the doing of it by Ecclesiasticall persons in their Councells and Synods hath been the cause of infinite calamities and miserable wars and devastation of Kingdomes in the Christian World since the Pope and his Conclave did usurp that unlawfull and unlimited power which being in that Our Kingdome in all these late troubles practised against the expresse lawes of the same Wee are resolved to punish unlesse the offenders betake themselves to Our mercie Secondly We are resolved not to endure that any of Our subjects without Our consent and the consent of the Parliament shall destroy any of the three Estates of Parliament which they in their late pretended Assembly have gone about to doe Thirdly We are resolved not to endure that any generall Assembly shall be called but by Our indiction according to an expresse Act of Parliament in that case provided or that it shall continue after that Wee by Our authority have dissolved it and are resolved to punish them who shall doe so as Our Royall Father punished those who did the like at Aberdene Fourthly We are resolved to punish those who have imposed taxes upon Our subjects levied men or armes raised any fortifications in that Our Kingdome without Our leave and first blocked up and then taken Our Castles and Forts and by violence dispossessed Our loyall subjects of their houses and castles detaining them by force for all these by the expresse Lawes of that Our Kingdome are acts of treason and rebellion Fifthly We are resolved not to endure that the Protestations of subjects against Us Our Councell Our Judges and Lawes shall discharge the obedience of the protesters unto these Lawes unlesse they be admitted before the competent Judges and legally discussed before them the contrarie whereof hath been practised by the Covenanters all the time of these tumults Sixthly We are resolved not to endure that Our subjects shall enter into any covenant or band of mutuall defence without Our leave asked and obtained it being expresly forbidden by divers Acts of Parliament of that Our Kingdome for this hath been and still is the ground of all this Rebellion Seventhly and principally We are resolved not to endure that any of Our subjects under the name of a Table or Committees of the generall Assembly or under any other name title or pretence whatsoever shall sit without Our consent and authoritie and order businesse of the Church and Kingdome at their pleasure and if they shall be called in question for the same by Us Our Councell or Judges shall appeale from Us and them and refuse to be judged by either alledging that they will be judged by none but by the generall Assembly which is Christs owne immediate Councell and therefore hath no dependencie from or subordination either to Our Councell or Judges or Our Parliament which is the Councell of Our Kingdome and so that both Church-men and lay-men under Ecclesiasticall names shall exempt themselves from the authoritie of Us and Our Lawes and the Assembly it selfe shall hold the members of it free from being judged in all matters of Assembly by any but by it selfe which by the Lawes of that Our Kingdome is treason as appeareth by the Act cyted in the bodie of this narration Now all this hath been practised and is practised by those which call themselves of the Table From all which We hope it is evident that the offences which We resolve to punish in some of Our subjects doe not concerne Religion So that the question is not Whether there shall be a Service Booke Booke of Canons high Commission nay nor whether there shall be no lay-Elders in Assemblies or no Episcopall government though We are resolved to reject the one and retaine the other But the question indeed is neither more nor lesse then this Whether We and Our Successours shall be any more Kings of that Kingdome for if these traiterous positions shall bee maintained and made good by force of armes then We and Our Successours can bee no more Kings there Our Parliament Councell and Judges have no more authoritie there So that unlesse We will give over to be King and so betray and desert that charge wherewith God hath intrusted Us We must use that power which God hath put in Our hands and by faire just and legall waies to Our great griefe force them to obedience These are the true reasons which have forced Us to undertake this journey and to make use of the armes and aide of Our loyall subjects here for the securitie of this Kingdome and safeguard of Our person as likewise of the armes and aide of Our subjects of that Kingdome for the same purposes And here first We call God to witnesse what an unwelcome journey this is unto Us and how unwillingly We doe undertake it Secondly We
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
members of the Assembly alledged to be under censure * Who have made the Covenanters Judges of the lawfulnesse either of the judicatorie or the cause especially what an intolerable presumption is it in them to judge Our judicatories in Ireland †But they know that many members of that Assembly were denounced Our rebells and put to Our Horne long before Our Assembly was thought on Anent the alledged instruments sent from the Tables * Not from their publick meetings for they durst not for feare it should be known but from a cabinet meeting consisting of them who led the rest by the nose whose names We know and shal be knowne to all in due time †If it be forged it is forged by none but Covenanters who from many severall shires in the kingdome did send copies of the same written in the same words to Our Commissioner and others and yet those Covenanters did not know one of anothers sending * There was no man in the Assembly who offered any such oath as is here alledged Wee doubt not but there were many members of the Assembly who might have taken that oath safely because they were indeed never acquainted with these papers but Our Commissioner if he had beene put to it by the Assembly could have named many especially some of the Nobilitie Gentrie and Ministers who could not have taken that oath without perjurie and since it is now denyed they shal be named in due time and place * First this nor the eighth was not published in their publicke instructions for it would have offended many Covenanters who were both Chapter-men and Chappel-men and therefore they acknowledging it to be one of their instructions must needs confesse it to be amongst their private ones But a wonder it is that men should not be ashamed to avow in print this their false and partiall dealing for this instruction concerning Chapter-men and Chappel-men was only given to barre some moderate covenanting Ministers from being chosen Commissioners for notwithstanding this instruction Master Ramsey who both was one of the Chapter of Edinburgh and Subdeane of Our Chappell and Rollock who was Prebend of the same Chapter and one of our Chaplains who duely preached his turnes in Our Chappell and some others fierce and fiery revolted Chaptermen and Chappel-men were chosen Commissioners though the reason here expressed was as strong against them as against the rest Anent our going to Glasgow with alledged numbers and weapons * Most false Anent our refusall of Assessors and of the Bishops Declinator †It is a bold and impudent speech to affirm that Our royall Father kept unlawfull Assemblies especially when some of them are confirmed by Parliament Anent his Majesties declaration wherein it is not satisfactorie * God never put it in their hands but the Devill who is the author of all sedition and rebellion * But never without the authoritie of Us and Our Successours †The confession of faith and band annexed upon which their covenant is grounded were injoyned at the first only by the authoritie of Our royall Father and his Councell and so these Books were commanded by as good Authoritie as those * It may not and the holding of the contrary is a false and Jesuiticall position * A fearefull proposition in deed it is to hold Episcopall government to be an uncontroverted government which hath continued in the Church ever since the time of Christ and his Apostles without the least suspicion of controversie until within these few yeeres * But they do not declare all the truth for of twenty Lords of the Session onely foure did it but the rest who were present did the contrary Anent Episcopall government and the other generall reasons * The reasons contained in that Act are infallibly false Anent his Graces intention to returne * Most false Anent our sitting still after the Commissioners discharge * That Assembly is but one instance and a very reprovable one The Ministers of the pretended Assembly at Aberdene did the same and were most severely punished for it Anent our cytation of Councellours Anent the injunctions and Proclamation and our answer thereunto a They should do well to try if they can answer it and the Queries of Aberdene better for the common opinion is that neither of them yet are answered at all b All these texts of Scripture are prophaned and abused for no such thing can either possibly or probably be inferred from them * It is well that they will cite the Pope his Law whom they call Antichrist for when any thing is objected against them out of the Canon Law it is usuall with them to reject that as Popish and Anti-christian †Nay but the pretended Assembly hath erected a Popedome and for their authority goe upon the same grounds and use the very same arguments and abuse the very same places of Scripture which the Pope and the learnedst Patrons of the Pope doe for robbing of Princes of their Authority over all Ecclesiasticall persons and causes in their severall Dominions The words which next follow are meere babling * By the greatest but the worst part of the Kingdome * The sentences of this pretended Assembly were most unlawfull light and mad sentences * It seemes indeed that these reasons are wrapped up in a cloud for both they are so dark as they cannot be discerned and they doe portend a storme but have no weight in them at all a These particular Protestations are the very same formerly made by them and so often repeated even unto tediousnesse and therefore the Reader needeth not to be troubled any more with them
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
Country and our posterity and doth tend to no other end but to the preservation of the true reformed Religion the confession of Faith Lawes and Liberties of this His Majesties most ancient Kingdome and of His Majesties authority in defence thereof and satisfaction of our humble desires contained in our Supplications complaints and articles unto the which we adhere againe and again as we would eschew the curse of the Almighty God following the breach of his Covenant And yet we doe certainly expect according to the Kings Majesty his accustomed goodnesse and justice that His sacred Majesty after a true information of the justice of our cause and carriage will presently indict these ordinary remedies of a free Assembly and Parliament to our just Supplications complaints and articles which may be expected and useth to be granted from so just and gracious a King towards most loyall and dutifull Subjects calling for redresse of so pressing grievances and praying heartily that His Majesty may long and prosperously reigne over us WHereupon a Noble Earle John Earle of Cassles c. in name of the Noblemen M. Alexander Gibson younger of Dury in name of the Barons James Fletcher Provost of Dundy in name of the Borrowes M. John Ker Minister at Salt-Prestoun in name of the Ministers and Master Archbald Johnston Reader hereof in name of all who adheres to the Confession of Faith and Covenant lately renewed within this Kingdome tooke Instruments in the hands of three Notars present at the said mercat Crosse of Edinburgh being invironed with great numbers of the foresaid Noblemen Barons Gentlemen Borrows Ministers and Commons before many hundred witnesses and craved the extract thereof And in token of their dutifull respect to his Majesty confidence of the equity of their cause and innocencie of their carriage and hope of his Majesties gracious acceptance they offered in all humilitie with submisse reverence a Copy thereof to the Herauld NOw We must appeale to the judgement of the world whether there was any thing in this Our Proclamation which deserved such an undutifull and rebellious Protestation or the seditious clamours which both at their private and publicke meetings especially in their Pulpits were made against it This Protestation needeth no answere for after the first part of it which is nothing but a repetition of that which they have so often said there is nothing but a number of falsities heaped up together as the Reader may easily perceive For whereas they alledge That they have removed the impediment which caused their Covenant to be mistaken as if it had beene an unlawfull combination We suppose that thereby they meane that which they tendered to Our Commissioner and called it by the name of an explication of their Covenant which explication was so farre from giving unto Us any satisfaction that both to Us and all reasonable men it must needs appeare to be a stronger confirmation of their unlawfull combination For whereas they refused to except Us out of the number of those persons against whom their band of mutuall maintenance is intended it plainely demonstrateth that in their intentions We are the person chiefly aimed at In some few lines after this they professe that they never so much as called in question Our resolution to maintaine the Religion professed in that kingdome and Our care for not admitting any Innovations in Religion or any staine of Popish superstition Now We doe appeale even to their owne consciences whether in their private meetings nay even in their publike assemblies and Sermons they have not endevoured to settle in Our good subjects mindes opinions feares and jealousies quite contrarie to these their printed asseverations In the last part they ground their Protestation upon no grounds but such as these That they will continue together because they have obliged themselves by oath so to doe and because they will and are resolved to adhere constantly to what they have done and because they offer to cleare themselves before a generall Assembly and Parliament where they themselves make accompt to be Judges Now these and such like false and weake grounds it is very unnecessarie to confute the rehearsall of them being upon the first view their sufficient conviction After all these they end their Protestation with two very unsavourie conclusions The first is that if We will not allow of their proceedings they themselves will call a Generall Assembly which shall be sure to allow of them A notable piece of hypocrisie and disloyaltie together to be suiters to Us for that which they as they say both may doe and are resolved to doe without Our leave The second is they protest that notwithstanding any thing which We doe or shall say to the contrarie all their proceedings are in themselves most necessarie and orderly meanes agreeable to the Laws and practise of that Church and Kingdome to be commended as reall duties of faithfull Christians loyall subjects and sensible members of the body of that Church and Kingdome and no way to be styled or accounted great disorders misdemeanours blinde disobedience under pretext of Religion and running headlong into ruine All which words are multiplied onely to make up a verie unmannerly contradiction to the verie words of Our Proclamation Our Commissioner seeing not that he was not able to give but that they were resolute not to receive any satisfaction by what was offered and that the most that they could be brought to was that which they called an explication of their Covenant but indeed was none for they would never yeeld that these words whereby in their Covenant they bound themselves in a mutuall defence against all persons whatsoever should admit this interpretation Except the King He told them plainly that since his Instructions were out he could proceed no further with them without new conference with and Instructions from Us and therefore he resolved a speedie journey to Us to informe Us of what had passed and make Us acquainted with that explication of their Covenant which they had given him though as it had given no satisfaction to himselfe so he was sure it would give none to Us In the meane time he entreated them to behave themselves more quietly and peaceably then they had done untill Our pleasure were further knowne That pretended explication of their Covenant was conceived by way of Petition and was this To His Majesties Commissioner The supplication of the Noblemen Barons Burgesses Ministers and Commons here attending His Majesties gracious answer of our former petitions complaints and desires Humbly shewing THat whereas we expecting from your Grace as His Majesties Commissioner a gracious answer of our former supplications complaints and just desires have presented to your Grace a petition humbly craving a free generall Assembly and Parliament as the ordinarie remedy of our grievances and the onely meane to put this Kirk and Kingdome to quietnesse It pleased your Grace to shew that His Majestie from His princely care of this Kirk and Kingdome