up such a bodie it cannot be acknowledged for a lawfull and free Assembly But how prove they Commissioners admitted to be members of this Assembly not to bee such as are requisit to make up such a bodie First they alledge that the most part at least of the Clergie conveened at this Assembly are ipso facto deprived and their places voide as if they were naturally dead because they have never in presence of the Archbishop Bishop Superintendent or Commissioner of the Province or Dyocie subscribed the articles of Religion extant in the acts of Parliament nor given their oath for acknowledging our Soveraigne Lords Authoritie nor have read their testimoniall thereupon and the confession in their parosh Kirks after their returne as they are bound by act of Parliament Anno 1572. that whereas they bee bound by act of Parliament Anno 1606. to maintaine the Kings honour dignitie and prerogative Royall to with stand all persons power or estates that shall impugne or impaire the same and at their admission were obliged to performe this duetie of their alleageance and to testifie in their conscience that the King is suppreme governour as well in matters spirituall and ecclesiasticall as temporall according to the act of Parliament 1612. Yet notwithstanding his Majestie having ordained by act of Councell and Proclamation following thereupon that all the Liedges should swear and subscribe the said Confession together with a generall Band for defending his Majesties Person and Authoritie against all enemies within or without the Realme they have not only refused to subscribe the said Band and Confession but in their Sermons and other speeches disswaded deterred and hindered others to subscribe the same and have publickly protested against the subscription thereof The answer is easie The act of Parliament 1572. was never put in practise conforme to the tennour of it and order there set down or if put in practise the practise could not endure long For Archbishops Bishops and Superindentents continued not long after If there were any force in this reason all the Assemblies of our Kirk since the abolition of Bishops and Superintendents might be called in question and wee have had no lawfull ministers Yea their own pretended Assemblies did consist of many who could not produce a testimoniall of their oath and confession conforme to the tenour of that act Lastly the substance of that act hath been keeped conforme to the later acts made thereanent and none of the Ministers conveened at the last Assembly but have subscribed both the confession of Faith and Band for maintenance of the Kings authority either of late when the Covenant was subscribed or before when they past their degrees in Schooles or upon some other occasion But what suppose that act were yet in force that they had neglected to take their oath and were therefore deprived ipso facto of their benefice and ecclesiasticall living yet it followeth not that they are deprived of their office or can be unlesse they wilfully refuse to subscribe and take their oath to acknowledge the Kings authoritie It is to be observed that that act was made when some stood for the Kings Mother and would not acknowledge the King for Soveraigne during her life As for the promise made in Parliament by the Estates Anno 1606. have they failed in performance or the Subjects whom they represented Have they not in the last Parliament ratified that act As to the act for the oath of supremacie An. 1612. it concerneth only such as were to be presented to any benefice and not every Minister That act was a ratification of the act of Glasgow are altered in the act of Parliament and in place of these words Conservation and purgation of Religion are put in Supreme governour as well in matters spirituall and ecclesiasticall as temporall which words were avoided in the same oath when the conclusions were agreed upon at Leeth Anno 1572. Howbeit they then drew up a plate-forme of policie near to the English and put in the words Conservation and purgation of Religion which are used in the confession of Faith extant in the acts of parliament So they have abused their own pretended Assembly holden at Glasgow But what have the Commissioners done contrare to these acts oathes or promises They have refused to subscribe the confession of Faith and band enjoyned by the King and Councel hindered others and protested against the Proclamation Might they not doe that and not violate these acts Doth the acts of the Kings prerogative binde them to subscribe any confession or band in whatsoever sense it shall please his Majestie to make Or is it the meaning of the oath of supremacie The Estates I am sure never intended such a meaning Both must be interpreted by the first confession of Faith the act for the Kings oath at his Coronation the declaration made in Parliament 1592. and second book of discipline Notwithstanding of the ratification of the former act concerning the Kings prerogative and the act for the oath of imsupremacie his Majestie behoved to have a grant of posing habits upon Kirk-men at the last Parliament which needed not if he might have done it by vertue of these acts of Parliament Anno 1606 and 1612. and yet that is a matter of lesse importance then to enjoyne subscription to a confession in another sense then was received at the first and second universall subscription For now in the interpretation of the authoritie enjoyning subscription the confession is made to consist with Episcopacie and other novations introduced since the fame was first received Was there not reason then to refuse to diswade others and to protest against it Moe reasons are to be found in the protestation it felf Some Ministers were urged with subscription and of those some yeelded who notwithstanding had place in the last Assembly But what suppose all had protested and refused to subscribe as they were enjoyned by the Councel that could not have disabled them to fit and voice in the Assembly unlesse they had been legally convict before of offence in so doing and remained obstinate But let the Reader here observe the decliners legerdemaine They would seeme to be foreward for subscription of that confession which was enjoyned by the King and Councel but challenge men for not subscribing the said Confession that is the Confession extant in the acts of parliament for of no other have they made mention before in their declinatour They have vilipended the later confession and covenant in former times and we doubt notwithstanding of this taxing of others that they will subscribe this confession themselves without their own limitations and acceptions as the Doctours of Aberdene have done but that perfidious men will subscribe any thing And yet so impudent are they that they will have other troubled for not subscribing contrar to the true sense and meaning of the confession to make a partie and new rent in this Kirk They alledge that the Commissioners directed to
number of Ministers is to be considered according to the number of the Pariosh's not according to their absence or presence which is casuall and for the most part there are moe Ministers in a Presbyterie then can be of elders taking but one out of a Pariosh For in some burghes there are two or three or foure or eight Ministers As for the answer to the doubt proponed in the Assembly holden in April 1583. In the booke of Policie agreed upon after reasoning and deliberation in many Assemblies It was concluded there shall resort some Elders out of every parosh to the Presbyteries which importeth that moe then one out of a Parosh may resort Ministers were ordained to subscribe the book by acts of the Assembly Anno 1590. and 1591. And consequently after 1582. Next that act provideth that the proportion bee keeped in the fewer number but there was never such a proportion determined and till it be determined it is as good as no act For otherwise it should be left to the Ministers of ever Presbyterie to appoint what number they please Thirdly there is more reason for the conclusion of the book of Policie made before and ratified after that act that as there is one Minister sent from every particular Kirk so there should be likewise one ruling Elder at the least for one Kirk hath no more priviledge than another It was ordained in the generall Assembly holden at Middleburgh Anno 1581. that every Eldership of the particular Kirkes send to the Classes which wee call the Presbyterie a Minister and an Elder and from every Classes to the Synod two Ministers and two Elders So that the number was made equall not only in presbyteries but in Synods also And Bucerus in his book De gubernatione ecclesiae page 101. saith likewise That there is a like number of Pastours and Elders sent to their provinciall Synods It is false that the ruling Elders were called to the Presbyteries only at such occasions as the Ministers stood in need of their godly concurrance For it was ordained by the book of Policy that the common Eldership that is the Presbytery should consist of Pastours Doctours and ruling Elders and so they were constitute at their first erection By act of that same Assembly April 1582. the Ministers are bound to exhort them to resort to the Presbyteries at all times but for matters of weight to urge them strictly And who doubteth but the election of Commissioners to the generall Assembly entrusted with the common affairs of the whole Kirk is a matter of weight That the act made at Dundie Anno 1597. is the only act authorizing Presbyteries to send Commissioners to the generall Assembly is as false It hath been the continuall practise of our Kirk since the erection of Presbyteries that Presbyteries direct Commissioners to the generall Assembly In April 1582. We have this direction It is not thought expedient that the Presbyterie be astricted to direct their Moderatour to the Assembly but that they have libertie to choose such as they shall think meetest for the comfort of the Kirke Whereby appeareth that order was established before that Presbyteries direct their Commissioners The act 1597. then did not first or only authorize Presbyteries with this power but only circumscribed the number Meetest it was that Presbyteries should have this power because they were ordinare Assemblies had their power of ordinarie jurisdiction admitting deposing excommunicating and therefore had their meetings weekly and were upon all occasions readie to direct Commissioners Neither is that act 1597. the only act authorizing Presbyteries to direct ruling Elders or as they call them Lay-commissioners to the generall Assembly For seeing Presbyteries directed Ministers in Commission the ruling Elders could be directed by none other after the erection of Presbyteries It was ordained in Iune 1563. that every Superintendent cause warne the Shyres Townes and Parosh-kirks within his jurisdiction to send their Commissioners to the generall Assembly In Iuly 1568. it was ordained that Ministers and Commissioners of Shyres should be chosen by the Ministers and Gentle-men at the Synod After the erection of Presbyteries wee finde them in the register books of the Assemblies to have been directed from Presbyteries and specially Anno 1592. When the act of Parliament was made for ratification of the liberties of Assemblies Synods Presbyteries c. And Iuly 1595. March 1595. And Anno 1596. For proofe likewise see in the Presbyterie books of Edinburgh gentle-men directed in Commission with Ministers Anno 1593. and 1596. That the ruling Elders had hand in the election of Commissioners when they sate in the Presbyteries appeareth evidently For in the Assembly holden in Iuly 1568. Where order was set down for choosing of Commissioners to the generall Assembly with power to vote it was ordained that Ministers and Commissioners of Shyrs bee chosen at the Synodall convention with consent of the rest of the Ministers and Gentle-men meaning ruling Elders And therefore when the Presbyteries were created and had the power to direct Commissioners Ministers and Elders could not bee chosen but in like manner by Ministers and Elders common consent Such like when the act 1597. ordained that every Presbyterie direct no moe Ministers than three and but one in name of the Barons It is presupposed that Presbyteries directed them before but only defineth the number It cannot bee meant that Ministers shall choose Ministers and the Gentle-men Elders one in name of the Barons or that Ministers shall choose both Ministers and Barons nor were it reasonble But it is said of both alike that they shall bee directed from the Presbyterie By the booke of Policie the ruling Elders office and power is to hold all sorts of Assemblies Presbyterial Synodall nationall with the Pastours and Doctours for establishing good order and execution of discipline to treat of things concerning the Kirk to choose a Moderatour with common consent to send forth visitours for the bounds within their jurisdiction in the Presbyteriall meetings to make constitutions for decent order in their particular Kirks without prejudice of the rules set down by provinciall or generall Assemblies to excommunicat to elect and depose ecclesiasticall office-bearers For these are granted to Pastours Doctours and Elders conjunctly and as Ambrose writeth upon 1. Tim. 5. of the Elders in the primitive times nothing was done without them Vnde Synagoga postea ecclesia seniores habuit sine quorum consilio nihil agebatur in ecclesia If they may have an hand in excommunication election and deposition of office-bearers choosing the Moderatour making constitutions establish good order and generally to treat of all things which concerne the Kirke ought they not to have an hand in election of Commissioners to the generall Assembly Nay rather in this than in any thing else For Commissioners to the generall Assembly are intrusted with the common affairs of the whole Kirk as hath been already said They are called ruling Elders and governours not
halfe or in part but whole and doth not the choosing of Commissioners belong to ruling and government Ministers themselves doe not direct Commissioners but as rulers They alledge that ruling Elders sate not in Presbyteries these fourtie years and upwards But the aspirers to prelacies began the rent in our Kirke fourtie yeares since and upwards No wonder then suppose that with many other things went out of frame so long as unitie and integrity continued they continued The times of division cannot prescribe against the good order established and yet even after the act 1597. which was made in the yeare after division entered wee finde in the Presbyterie books of Edinburgh February 1600. Commission given to some Ministers and gentle-men to the Assembly And in the Catalogue of the Commissioners to the Assembly holden Anno 1601. Barons directed from Presbyteries Ambrose complaineth in the place above-cited that the conjunct government of Elders which was first in the Iewish Kirk and after in the Christian was worne out of use whither through sloughtfulnesse or pride of the teachers he cannot tell Quod qua negligentia absoleverit nescio nisi forte doctorum desidia aut magis superbia dum soli aliquid videri volunt The causes of our Elders forebearing to resort to the Presbyteries may be diverse partly the pride of some Ministers who would not encourage and countenance them as they ought and were directed by the Assembly that governing by themselves alone they might seeme some-what partly the unwillingnesse of others loath that gentle-men should be made privie to the trials of their offences as we have heard there by some of both sort and fear there be some at this present of the same disposition and partly the division and rent which have vexed this Kirk these many yeares But seeing there was never an ordinance to exclud them and there can be no prescription against the word of God whereunto this order is declared to bee consonant by act of Assembly holden in October 1582. And the book of policie the imminent danger to Religion constrained them to take their owne place againe By the way I would demand these ministers who are content they sit with them in the lowest and suppreme judicatorie the Session and generall Assembly why they repine at their association in Presbyteries and Synods there can be no sufficient reason rendered It was the order set down at the concluding the constant policie and is the order observed in other Kirks The elders exercise not their office fully but in the presbyterie where ordinare jurisdiction is exercised the power of excommunication deposition admission c. They except yet against the Ecclesiasticall persons meaning Ministers directed Commissioners to this Assembly that they may be justly thought unworthie and uncapable of commission to a free and lawfull Assembly for their behaviour in times by-past First for that by their sedicious and railing Sermons and Pamphlets they have wounded the Kings honour and Soveraigne authoritie and animate his Lieges to rebellion This is imputed to all but not verified of any of the number nor have they designed any person in particulare It is sufficient that neither the Presbyteries sending nor the Assembly admitting doth know any such Next they alledge they are knowne to bee such as have been either schismatically refractarie and opposit to good order setled in Kirke or State or having promised subscribed and sworne obedience to theìr ordìnar have never made conscience of their oath or contrar to promise and practise have resieled to the contempt of Authoritie and disturbance of the Kirke or such as are under the censure of the Kirke of Ireland for their disobedience to order or under censures of this Kirk or conveened at least deserving to bee conveened before their ordinar or a lawfull generall Assembly for transgressions deserving deprivation We know none schismatically opposit to good order unlesse they meane such as have opposed to their encroaching upon the liberties of the Kirk and their shamelesse usurpation An oath should not binde a man to iniquitie or impietie The intrants did not understand what was the established order from which wee have declined nor foresee the intent of the Prelates to bring in so many novations in Religion The oath to the ordinar was exacted by vertue of an act of a null and pretended Assembly and that ordinare was no lawfull ordinare but an usurper These ordinaries have exacted also oath and subscription to articles of their own devising and maintenance of their usurped authoritie which is a point laid to their charge in their lybell The censures inflicted if there were any upon three or foure Ministers Scots-men returning from Ireland to Scotland were infflicted for adhering to our confession of Faith which manifesteth them to be faithfull and constant members of this Kirke and therefore fit to voice in her Assemblies They gave satisfaction to the Assembly by their answers to the interrogatories proponed to them Some of them were thrust out by themselves before they went to Ireland As for such as were under censure in this Kirk wee know none but such as were censured by the then pretended Bishops in the court of high Commission a judicatorie erected without consent of our Kirke or of the Estates in Parliament and discharged by Proclamation before they were chosen Commissioners This is also a point of their lybell the holding of such courts and tyrannicall domination in the same Nor do we know any conveened before the pretended ordinare for any offence which might make them uncapable of commission If any deserved to be conveened before them or a lawfull generall Assembly they should have been processed before or warned to compeare before this Assembly seeing a full and free Assembly was indicted But we know none that hath deserved to be conveened for any transgression deserving reproofe far lesse deprivation The transgressions imputed are either falsly imputed to them as the uttering of rash and unreverent speeches in their sermons against his Majesties Councel and their proceedings reproving his Majesties laws and ordinances using application in their sermons not tending to edification intruding themselves in other mens charges and pulpits without calling and authoritie pressing the people to subscribe their Covenant or are no transgressions as to proceed against Ministers to the censure of suspension or deprivation in their Presbyteries opponing to the subscribing of a Covenant offered by his Majestie and allowed by the Councel or holding of conventions without his Majesties knowledge and consent seeing the end was for supplications to his Majestie complaints and informations and to prevent the great alterations in Religion which were intended They pretend that in charitie they forebeare to expresse the personall faults of which too many of these who were directed Commissioners to this Assembly are guilty They have learned to calumniate boldly upon hope that somewhat will stick in mens mindes This generall imputation is more uncharitable then if they
had designed the persons and expressed the faults in particular But they cannot otherwise ease their own vindictive spirits In the meane time the Commissions are valide suppose afterward they should prove them to be such as they alledge and we will not be too credulous namely when men declared infamous do calumniate They except next against laymens decisive voices It standeth not with reason Scripture nor antiquitie say they that laymen should be authorized by Ministers to have decisive voices in a generall Assemblie That in the act of Dundie 1597. whereby those Elders pretend to have this place there is no warrant expressed for them to deliberat and determine So by laymen they meane our ruling Elders who are not meer lay-men but office bearers in the Kirk and are called in the book of Policie Ecclesiasticall persons Next observe that they except not only against the Assembly holden last at Glasgow but also against all the Assemblies holden since the reformation For the Elders have had power to voice in Assemblies from the beginning And the order of choosing Commissioners with power to voice was set down first anno 1568. among which are the Gentlemen Commissioners from shyres There was no need therefore to expresse the act 1597. which was concluded before anno 1568. the 7. chap. of the book of Policie and continually practised since the reformation The generall Assembly is called in the book of Policie the generall Eldership of the Kirk If their reason were good Ministers have no warrand by that act 1597. to voice in the generall Assembly For there is no expresse mention in that act of Ministers power to deliberate and determine The truth is that act doth not touch but presupposeth the power of both and only defineth the number both of the Ministers and Barrons to be directed Commissioners from the Presbyterie to the Assembly So you see they professe plainly they do not acknowledge any of our former Assemblies in the purest times nor any other in time to come constitute after the like manner nor the nationall Councels in other reformed Kirks for lawfull Assemblies It is sufficient for answer that this Assembly was constitute according to the acts of our Kirk to which they ought to be subject if there were no more this one passage in their Declinatour deserveth condigne punishment to be inflicted upon them that they dare so malapertly impunge the established order of our Kirk because they are not able to answer to an Assembly rightly constitute Yet howbeit they will not grant decisive voice to lay-men they allow them presence and assistance So will the Papists But they will have them to be allowed and authorized by the prince which condition is not required by the Papists They allow that his Majestie in person or by his delegats may see good order keeped have a cheef hand in all deliberations and determinations and may delegat by his soveraigne authority such lay-men as hee pleaseth to have definitive and decisive voice without which delegation it is presumptuous intrusion upon the Pastorall charge By the act 1597. which was made by their owne procurement to restraine the great number of Ministers directed from Presbyteries to oppose to their corrupted courses it was ordained that Barons or gentlemen should bee nominat by the Presbyterie and not by his Majestie and have had after that decisive voice in Assemblies How many noblemen and Barons only called for by the kings letter and not delegat as Commissioners have voiced at their owne pretended Assemblies and helped to carie maters by pluralitie of voices But now it appeareth that after they had served their turne with them to set them up they were to bide them a due hereafter Ite for as Laici non est vobis Locus Icy Yea they intreat the kings commissioners in the words uttered by the fathers at the councel of Chalcedō Mitte for as superfluos Send forth the superflous That which was spoken to Clerks and Monks who came to trouble the Councel because they had imbraced the errour of Eutyches they apply to the ruling Elders noblemen and gentlemen chosen lawfully Commissioners to this Assembly For such insolent and contumelious speeches they ought to be severly censured howbeit there had been no libell given in against them To the same purpose they alledge the direction given by Pulcheria the Empresse to Strategus Commander or Captaine of Bythinia to drive by force out of the Councel of Chalcedon such Monks Clerks and Ley-men as did but pester the Councel and suffer none but such as the Bishops brought with them This also was for avoyding of disturbance In the meane time you see that Lay-men not appointed by the Prince but brought by the Bishops were allowed to be present at the Councell of Chalcedon But how agreeth that saying of Theodosius the younger that it is unlawfull for him that is not in the ranke of the most holy Bishops to meddle with Ecclesiasticall treaties and affaires It seemeth to crosse that which they granted before to his Majestie and his delegats For how can he or they if this be true have a chief hand in all deliberations and determinations or a decisive voice Yea by this saying Ministers or preaching Presbyters ought not to meddle with Ecclesiasticall affaires for they are not set in the rank of Bishops This saying of Theodosius is alledged by the Papists against the definitive voices of Emperours and Princes themselves And therefore we may conjecture whereunto their course doth tend notwithstanding of the faire shew they made a little before But as for that saying of Theodosius extant in the Councell of Ephesus Whittaker de conciliis proveth it to be forged quia non habetur in antiquis exemplaribus It is not extant in the old copies and it is false in it self For he did meddle And howbeit Theodosius was not present himself at the Councell yet he sent Candidianus who informed him of their proceedings Thirdly the words are not rightly translated for the words are not the order or rank of Bishops but the catalogue of Bishops meaning that none should meddle with the affaires and questions to bee treated in the Councell but such as were sent from their Kirks and were written up in the catalogue which their Bishops brought with them This is observed by Iunius For the same respect which Theodosius had Martinus was moved say they to say at the Councell of Chalcedon non esse suumsed Episcoporum tantum subscribere that it was not his part but the Bishops only to subscribe How could they urge him to subscribe if it belonged only to Bishops This famous man Martine was an Abbot or the father of many Monks He refused to subscribe because he favoured not the cause but the errour of Eutyches another Monkish father Alwayes we see what Assemblies they intended to have had even just like the Popish Bishops only having decisive voices and no other Assembly shall wee have if they can attaine to their
Leanes But how prove they the successe of their government to have been such as the devill could not but envy it By the planting of Kirks with able and learned Mininisters recovering of the Kirk rents helping of Ministers stipends preventing jarres betwixt the King and the Kirk which in former time did dangerously infest the same keeping the people in peace and obedience and suppresing of Poprie which was never at so low an ebbe as before the sturres They have planted many Kirks with unsufficient or scandalous Ministers or corrupters of Religion and perverters of the people They have recovered great rents to themselves and would recover the rents of the rest of the Prelacies to build up the crownests again They have procured by the moyen they had augmentation of stipends to tie Ministers to dependance upon them or to tie them to their fat stipends that no alteration in Religion should loose their grip and yet no Kirks worse provided then such as belong to their own benefices they have hindered the augmentation of stipends to such Ministers as would not dance to their pyping They have raised jarres betwixt the King and the Kirk and in the Kirk it self that they might obtaine the more easily their intent But how they keeped peace betwixt the King and the people may be seen by their instructions sent up to court anno 1609. the many threatning letters sent down from court and proclamations from time to time and most of all by their dealing at this present If there were no other to keep the people in peace and obedience there would be little peace or obedience in the countrey Their favour borne to Papists processed or to be processed their familiarity with them more then common and employment of them may let us see that if Poprie be suppressed it is not suppressed by them but by other meanes as the powerfull preaching of the word or the clearing of controversies wherewith our Kirk was troubled or by the authority of men in place and credite in the country But we doubt that Popry is at so low an ebbe nor will it be seen till the light of this present reformation discover them Sure we are to bring in Popry peice and peice was not the meane to suppresse Poprie They protest that seeing these who for scrouple of conscience did mislike the service book Canons or high Commission which were apprehended or given forth to be the cause of the trouble of this Kirk have now received satisfaction and his Majestie is graciously pleased to forget and forgive all offences by past in these sturres that all the Subjects may live in peace and love laying aside envie hatred and bitternesse and if any refuse so to doe that they bear the blame and be thought the cause of the troubles may ensue and that the same be not imputed to them or any of them who desire nothing more nor to live in peace and concord with all men under his Majesties obedience who have committed nothing against the laws of the Kingdome and Kirk which may give anie just cause of offence and who are so farre from wishing anie harme to anie man in his person or estate notwithstanding all the injuries and indignities they have suffered that for quenching this present combustion they could be content after clearing their innocencie not only to lay down their bishoprick at this Majesties feet but also if it so pleased God to lay down their lives and become a sacrifice for this attonement We answer Others for scrouple of conscience mislike the service book canons or high Commission But they are not in the number of these who make any scrouple How can we who mislike like them to be Ministers far lesse governours in our Kirk who do not mislike them what satisfaction can we receive by the discharge of these books seeing other books more corrupt may be imposed afterwards seeing the matter is not condemned but avouched to be a mean to beat out idolatrie and superstition seeing they themselves were not taken order with for their corrupt disposition and intend to obtrud them and to raise persecution for them They may doe in and by the Councel as much as may trouble Ministers and professours howbeit they sit not in the Court of high Commission The books were but the instrumentall cause of the troubles and sturres but they were the principall cause authours and procurers of the troubles The five articles which have wrought much disquietnesse these twentie years by-past were not quit but the practise left free whereby division could not but bee intertained Can Religion be setled in peace or religion be preserved in puritie their government continuing they would be loath to lay down their Bishopricks at his Majesties feet if they were not confident to take them up again Yet they will not doe it till their innocencie be cleared that is they will never doe it for their innocencie will never be cleared If you will beleeve them they could be content like Ionas to be cast in the sea to procure a calme They have lived like Salamanders in the fire of combustion and now on a sudden would quench the fire with their bloud Will they lay down but their Bishopricks at the feet of the Kirke as they ought to doe and that will quench the combustion But they will lay them down only where they are sure to receive them againe They protest deeply that they use not this declinatour and protestation out of fear of any guiltinesse whereof any of them is conscious to himself but of conscience of their duetie to God and his Church being most willing everie one of them to undergo the most lawfull and exact triall of any competent judicatorie in the Kingdome or of his Majesties Commissioner foresaid But the generall Assembly cannot be denyed to be the most competent judicatorie in the Kingdome They beseech my Lord Commissioner to interceed with his Majestie for appointing a free lawfull generall Assembly such as Gods word the practise of the primitive Kirk and laws of the Kingdome doth prescribe with all convenient speed that they or any other of the Clergie may be heard to answer all accusations abide tryall for clearing of their innocencie or receiving condigne punishment But it is made evident alreadie that they meane by the primitive Kirk not the primitive that is Apostolicall as appeareth by the Canons of some ancient councels which are no rule to us Nor can we have any other Bishops to judge upon them seeing we have none but such as are complained upon and summoned The laws of the Kingdome have not prescribed the order and constitution of our generall Assemblies nor is it pertinent to them All the while they request not an Assembly to be appointed as the Kirk within this Kingdome hath prescribed and observed from time to time are these men to be suffered in this Kirk that will not submit themselves to the tryall of the supreme judicatorie