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
it was delivered to him by Our Councell who sent for him being then prisoner in the Castle of Edinburgh he did before that Table receive on his knees with the highest magnifying of Our mercie with the humblest acknowledgments of those infinite obligations by which he and his family stood for ever engaged in the service of Us and Our Crowne with the deepest protestations of all loyall quiet and peaceable deportment of himselfe ever hereafter and of bending all his endeavours to attend upon all Our Royall courses and commandements so that Our Councell remonstrated unto Us that Wee had bestowed Our mercie and grace upon a man of whom there could not be the least suspicion of his aversenesse from Our service at any time hereafter but of whom they might safely promise all forwardnesse and alacritie in all Our just courses whensoever it should please Us to use him And now this same pardoned Lord Balmerino being one of the chiefe contrivers and most malicious prosecutors of this wicked Covenant made against Us and Our authoritie how he can be able to answere it to God Us and Our Crowne his owne conscience or to the world even in the point of honour and reputation it must be left to the world to judge By this now which hath been said We suppose it is plain that before either the Service Book or Book of Canons so tragically now exclaimed against were thought on the seeds of sedition and discontent were sowne by the contrivers of the late Covenant first upon the occasion of our Revocation next upon occasion of Our Commission of Surrenders and lastly upon the occasion of Our denying Honours to some of them at Our last being in that Kingdome which caused first their traducing of Our proceedings in our last Parliament held there and then produced that infamous Libell And now by this time sedition was growne so ripe and readie to seed that it wanted nothing to thrust it out and make it shoot forth into an open Rebellion but some faire and specious pretence They could not yet compasse the cloake of Religion whereby to siele the eyes and muffle the face of the multitude for by none of all the three former occasions could they so much as pretend that Religion was endangered or impeached But so soon as they got but the least hint of any thing which they thought might admit a misconstruction that way they lost no time but took Occasion by the forelock knowing that either that or nothing would first facilitate and then perfect their designes Now the occasion they tooke of fetching Religion within the reach of their pretences was this Our Father of blessed memorie immediately after his comming into England comparing the decencie and uniformitie of Gods worship here especially in the Liturgie of the Church with that diversitie nay deformitie which was used in Scotland where no set or publike forme of prayer was used but Preachers or Readers and ignorant Schoolmasters prayed in the Church sometimes so ignorantly as it was a shame to all Religion to have the Majestie of God so barbarously spoken unto sometimes so seditiously that their prayers were plaine Libels girding at Soveraigntie and Authoritie or Lyes being stuffed with all the false reports in the Kingdome He did immediately as became a Religious Prince bethinke himselfe seriously how His first reformation in that Kingdome might begin at the publike worship of God which Hee most truely conceived could never be happily effected untill such time as there should be an unitie and uniformitie in the publike Prayers Liturgie and Service of the Church established throughout the whole Kingdome Concerning this His Royall and Religious designe divers consultations for many yeares were had with the Bishops and others of the Clergie of most eminent note in that Kingdome But these deliberations as it happeneth manie times in businesse of so pious and ponderous importance received some opposition and manie intermissions untill the yeare 1616. in a Generall Assemblie which is answerable to the Convocation of the Clergie here in England held at Aberdene in August Our Royall Father by His Letters and the vehement instance of His Commissioners then and there present easily made apparent to that whole Assembly not onely the conveniencie but indeed the necessitie of a publike Liturgie to be settled throughout the whole Land Which moved that Assemblie to passe an Act whereby they authorised some of the present Bishops and divers others to compile and frame a publike forme of Liturgie or Booke of Common Prayer which should first be presented to Our Royall Father and after His approbation should be universally received throughout the Kingdome This Booke in pursuance of that Act of Assembly being by those who were deputed for that purpose framed was by the Lord Archbishop of Saint Andrewes that now liveth sent up to Our Royall Father who not onely carefully and punctually perused everie particular passage of it himselfe but had it also considerately advised with and revised by some of that Kingdome here in England in whose judgement He reposed singular trust and confidence and after all His owne and their observations additions expunctions mutations accommodations He sent it backe to those from whom He had received it to be commended to that whole Church being a Service Booke in substance frame and composure much about one with this verie Service Booke which We of late commended to them and which undoubtedly then had been received in that Church if it had not pleased Almightie God that while these things were in doing and before they could receive their much wished and desired period and consummation to the invaluable losse as of the whole Church of God so particularly of that Church of Scotland to translate Our blessed Father from His temporall Kingdomes to that which is eternall Wee by the grace of God succeeding to Our royall Father were desirous to make it knowne to the world that Wee did not hold it a greater honour to succeed Him in His Crownes then to be His Successour in His Princely vertues and especially in that in which He was most eminent His singular pietie and religious care of the publique service of God which finding here in this Kingdome of England by His singular wisedome and vigilancie setled even to the admiration if not envie of all other Churches We resolved by the grace of God to pursue that His Pious and Princely designe for setling a publike Liturgie in that Our Kingdome of Scotland it having beene so happily atchieved facilitated and almost perfected by Him To which purpose We caused the same Service Booke transmitted by Him to that Church to be remitted and sent backe to Us that after Our perusall and alterations if any should be found either necessarie or convenient it might likewise receive Our Royall authoritie and approbation We having received that Book and after many serious consultations had with divers of Our Bishops and Clergie of that Kingdome then here present with Us and
after Our advices by Our Letters and Instructions to the rest at home and after many humble advertisements and remonstrances made from them to Us of the reasons of some alterations which they did conceive would remove divers difficulties which otherwise they feared this Booke would encounter with We were contented that the Service Booke should come out as now it is printed being fully liked by them and signed with their hands and perused approved and published by Our Royall command and authoritie In the perusall and approbation whereof We tooke speciall care that the small alterations of it in which it differeth from the English Service Booke should be such as We had reason to thinke would best comply with the mindes and dispositions of Our subjects of that Kingdome For We supposing that they might have taken some offence if We should have tendered them the English Service Booke totidem verbis and that some factious spirits would have endevoured to have misconstrued it as a badge of dependance of that Church upon this of England which Wee had put upon them to the prejudice of their Lawes and Liberties We held it fitter that a new Booke should be composed by their own Bishops in substance not differing from this of England that so the Roman party might not upbraid Us with any weightie or materiall differences in Our Liturgies and yet in some few insensible alterations differing from it that it might truely and justly be reputed a Book of that Churches owne composing and established by Our Royall Authority as King of Scotland And thus conceiving Wee had discharged the duetie of a religious King towards God and of a gracious Prince in accommodating this Booke so that Our subjects of that Kingdome should have no cause to have the least suspicion of any intended dependancie of that Church upon this Wee sent home the Book to the Lords of Our Privie Councell After their receipt consideration of it We by their advice and they by Our Authoritie commanded by publike Proclamation that the said Book should be publikely read and received in all the Churches of that Our Kingdome and should begin to be practised upon Easter next 1637. Disobedience to this Our Proclamation Wee had little reason to expect because this Service-book was no new thing unto them For it not differing from the English Service-book in any materiall point and We supposing that the English Liturgie neither was nor could bee displeasing to them did likewise conceive that this Book should be as little disliked by them Now the reasons inducing Us to a beleefe of their not misliking the English Liturgie were these First many of Our subjects of that Kingdome of all sorts daily resorting to Our Court and the Citie of London did much frequent our Chappell many other Churches in or about the Citie and many Churches during their stay here at the severall places of our residence and many other Churches within this Kingdome upon their way both hither and homeward in all which Churches they did behave themselves during the time of divine Service with that reverence as others of Our subjects of this Kingdome did without any dislike of it or quarrelling against it Now these who resorted hither being for quantitie and number very considerable and for qualitie for the most part of the very best gave Us more then a probable assurance that at home they would never accompt that absolutely in it selfe unlawfull and Antichristian as many of them have since professed unto which they had here of their owne accord by their practise yeelded obedience For neither municipall Law nor variation of time or place nor any other circumstance can allow Us to practise that which we hold in it selfe to be simply unlawfull Antichristian and against the Word of God Secondly in Our owne Chappell at Haly-rud-house ever since the yeere of Our Lord 1617. the English Liturgie hath beene read and according to it divine Service sung and said as it is here said and sung in Our Chappels in England not onely without dislike but with frequent Assemblies of Our Councel Nobility Bishops other Clergie of all sorts Judges Gentrie Burgesses women of all ranks The Bishops or some of them never gave Orders which they did frequently but they used the English service-Service-book in some Cathedrall Churches of that kingdom as also in the new Colledge of the University of S. Andrewes for some yeeres of late it was publikely read without any distaste much lesse disturbance for divers yeeres it was used in many families and at Our last being in that Kingdome it was read publikely in all Churches to which Wee resorted in which great numbers of all sorts of people were present All which gave Us good reason to conceive that the commanding of this Book by Our authoritie could not in any true sense be called or accounted an innovation all sorts of people and very many of those of all ranks who now inveigh most bitterly against it having been so accustomed to it and acquainted with it and that without any dislike of it or complaint against it Thirdly Wee confesse that one of the chiefest reasons moving Us to beleeve that that Service-book being in substance all one with this of England could not be held by them to containe any thing tending to Idolatrie Poperie or Superstition as since they have pretended was this We did foresee that all objections bending that way must needs strike at the English Service-book aswell as at that and indeed all of them which they have preached or published against that book do so but We did then and do still take it as granted that no man who hath his wits about him can charge the least suspicion of these things objected upon the English Service-book For since it is well knowne to the whole Christian world that the Composers Framers of the English Service-book were those very famous Bishops others who in Queen Mary her dayes delivered up their living bodies to the fire or escaping the fire indured banishment only because they would not yeeld to Poperie and Superstition How these men now whom in their owne judgement they hold to bee ranked amongst the most glorious Martyrs of the Church for resisting even to bloud Idolatry Popery and Superstiâ—ion can with any conscience or honestie be charged by these men with compiling of a Book stuffed full with Idolatrie Poperie and Superstition it requireth more then an ordinarie understanding to apprehend And besides it will be made good that more of the Bishops and learned Clergie of England both for number and weight have opposed Superstition and Popery then can be found in all the reformed Churches besides who all of them have lived in the practise of the English Liturgie and defended the same which they would never have done if they had supposed it to containe Idolatrie or Superstition These now were the grounds which inclined Us to conceive that the Service-book authorized by Us for
that Kingdome was not like to receive any publike or considerable opposition though We did never expect it should misse to meet with that misfortune which attendeth all other Books of this kind and which hath waited upon the English Service-book here viz. to be disliked and defamed by some whose judgements either being weak are not capable of satisfaction or being distempered with the humours of singularitie are resolved never to receive or at least never to seeme to receive any satisfaction And yet even those men too especially they of the first sort men of weaker judgement before and at the time of the publishing of this Book were not cast without the compasse of Our care and clemencie For Wee did with that Book send home certaine instructions and directions to our Bishops of that Kingdome signed with Our owne hand amongst which this was one That notwithstanding We had now established this Book by Our authoritie yet they should proceed with all moderation and dispense with such for the practise of some things contained in the Book as they should finde either not well perswaded of them or willing to be informed concerning them or did hope that time and reason might gaine to a better beleefe of them Nay yet more to foresee what probable opposition this Book might be like to receive Wee caused Our Councell by Proclamation to publish a set day for the reading of it in all Churches which was the Easter day following 1637 All which time though no symptoms of any considerable opposition did appeare yet upon good considerations and for the further trial of mens minds the first reading of it was delayed untill the xxiii of July next ensuing to the end that the Lords of the Session and others who had any Law-businesse might see the successe of it before the rising of the Session which alwayes endeth on the first of August and that so upon their returne to their severall Countries they might report the receiving of this Book at Edinburgh it being ordered that on that Sunday the Book should be read onely in the Churches of Edinburgh and those which were next adjacent And because it should not be read that day neither unexpectedly warning was first printed and then published in all these severall Pulpits the Sunday immediatly before that the next Sunday the new Service-book was to be read After all which premonitions made only to try how the people stood affected no feare of tumult appearing Nay the Service-book which was to be read having beene in publike Sermons commended by many Preachers without any apparent disgust of the Book or disgrace offered to the Preachers persons Nay having beene commended in Sermons by some of their now principall Covenanting Ministers who since have beene the greatest railers against it by none more then one Rollock a Minister of Edinburgh who both in a Sermon preached by him at a Synod held at Edinburgh before the Bishop of that Diocesse and in his Sermon on the Sunday of intimation of the reading of the service-Service-book the next Sunday did highly magnifie the said Book And so the tendring of this Book being thus prepared and sweetned with these gracious considerations of time expectation of the discovery of mens affections which for any thing appeared to the contrarie were very calme composed who could have imagined that the first reading of it should have been attended with such a barbarous tumult and insurrection as was raised in the Churches and streets of Edinburgh the Sunday following the true relation of which tumult as it was sent up to Us doth here follow On the twentie-third day of July 1637. being Sunday according to the publike warning given the Sunday before the Service Book was begun to bee read in Edinburgh in Saint Gyles Church commonly called the great Church where were present as usually they are many of Our Councell both the Arch-bishops and divers other Bishops the Lords of the Session the Magistrates of Edinburgh and a very great auditorie of all sorts of people Amongst this great multitude there appeared no signe of trouble But no sooner was the Book opened by the Deane of Edinburgh but a number of the meaner sort who used to keep places for the better sort most of them women with clapping of their hands cursings and out-cries raised such a barbarous hubbub in that sacred place that not any one could either heare or be heard The Bishop of Edinburgh who was to preach stept into the Pulpit which is immediatly above the place where the Deane was to read intending to appease the tumult by putting them in minde that the place in which they then were was holy ground and by intreating them to desist from that fearefull and horrible profanation of it But hee was entertained with as much irreverence as the Deane and with more violence in so much that if a stoole aimed to be throwne at him had not by the providence of God beene diverted by the hand of one present the life of that Reverend Bishop in that holy place and in the Pulpit had beene indangered if not lost The Arch-bishop of Saint Andrewes Lord Chancellour and divers others offering to appease the multitude were entertained with such bitter curses and imprecations as they not being able to prevaile with the people the Provost Bailiffs and divers others of the Councell of that Citie were forced to come downe from the Gallery in which they do usually sit and with much adoe in a very great tumult and confusion thrust out of the Church these disorderly people making fast the Church doores After all which the Deane devoutly read Service assisted by Our Councellors Bishops and many other persons of qualitie there present Yet the out cries rapping at the Church doores throwing of stones at the Church windowes by the tumultuous multitude without was so great as the Bailiffes of the Citie were once more put to forsake their places and use their best indeavours for the appeasing the rage and furie of those who were without Service being ended the Bishop preached after which the Congregation was dismissed The Bishop of Edinburgh retiring himselfe to a lodging distant not many paces from the Church was so invironed with a multitude of the meaner sort of people cursing and crouding him that he was neere being trode to death and in all probabilitie had beene so if hee had not recovered the staires of his lodging which he no sooner began to go up but he was so pulled by the sleeve of his gowne by some of that rude rout that hee had like to have tumbled backward downe the staires to the indangering of his life yet with much adoe getting up the staires he found the doore at which he should have entred shut against him and so being put to a stand he had certainely beene oppressed with the preasse and violence of that rabble if the Earle of Weems from his next lodging seeing the Bishops life in danger had not sent his
servants to rescue him who got the Bishop almost breathlesse into his lodging The same morning the Service Book was read in the next Church to Saint Gyles Church not without noise and tumult yet the furie was not so great as in the other Church In the Gray Friers Church the Elect Bishop of Argyle being Colleague to Master Ramsey who refused to read it begun to read the Book but he was so cursed and exclaimed against and threatned to be pulled downe that after the reading of the Confession and Absolution he was forced to give over In the Colledge Church Rollock one of the Preachers there who the Sunday before at the intimation of the reading of it had so much commended the Book and had undertaken this day to read it though hee had the Book ready to be carried to the Church with him yet very wisely resolved to halt a little untill he might know how it was entertained at Saint Gyles Church that so his conscience might comply with the carriage of the multitude whose rudenesse being reported to him he notwithstanding his commendations of the Book and his faithfull promise to read it thought it the safer course to leave himselfe to the censure of all men for his levitie and breach of promise then offend the multitude whose favour is the onely aire in which he taketh delight to breath and live And thus that morning passed Betweene the two Sermons such of Our Councell as were in the Towne assembled at the Lord Chancellour his lodging where the Lord Provost and Bailiffs of Edinburgh being called undertooke to doe their uttermost endevours for the quiet and peaceable reading of the Service Booke in the afternoon which accordingly they did and so the Service Booke in Saint Gyles and some other Churches that afternoone was read without any such tumult or insurrection as it encountred with in the morning yet the furious multitude who stayed in the streets and little regarded the service of God in the Churches intermitted nothing of their madnesse For the Lord Privie Seale Earle of Roxborough returning home to his lodging and having with him in his Coach the Bishop of Edinburgh was neare suffering the death of the first Martyr St. Stephen his Coach and Coachman for having the Bishop in it being so pelted with stones and hooted at with execrations and pressed upon by the eager and mad multitude that if the Lord Privie Seale his Footmen had not with their swords kept them off they in the Coach had been brought in danger of their lives having after long and continuall bickerings much adoe to recover their lodgings And now We desire all men to consider what blessing and successe from heaven may be expected upon this grand and important reformation of Religion as they call it the begetter and beginner whereof was the horrible profanation of the Lords owne day and that in the Lords owne Houses and Temples and all this attended with the contempt and treading under foot the sacred Authoritie and Lawes of Us the Lords Anointed as also with the violation of the persons of the Lords Priests and Prophets his Bishops and Ministers and all these practised by a base multitude disavowed and disclaimed at that time by all Magistrates and persons put in authoritie and all others of any ranke or qualitie who branded that multitude with the names of the scum and froth of the people and offered themselves to the uttermost of their diligence and assistance for the finding of them out and bringing them to highest and condigne punishment as shall presently appeare by the demeanour of the Magistrates when they were called before Our Councell for that purpose For the next day being the 24. of July 1637. Our Councell assembled and sent forth a Proclamation in detestation of the uproare and tumult the day before and discharged all concourses of people and tumultuous meetings in Edinburgh under paine of death at which time the Magistrates of Edinburgh being then present at Our Councell Table professed their utter abhorring and detesting of the last tumult and apprehended some suspected to be most forward in it and thereupon were commanded and ordered by an Act of Our Councell of the 26. of July to assemble the Councell of the Citie the next morning by eight of the clocke and then and there to resolve what course they thought fittest to be held for the finding out of the movers of and chiefe actors in the late seditious uproare and immediately after to report their diligence and resolutions herein Which report they accordingly made to Our Councell not onely with a detestation of that tumult and promises of their best diligence for finding out the authors and abettors of it but also with large proffers of their best assistance for the quiet and peaceable establishing and reading of the Service Booke in all their Churches But the Ministers of that Citie being loath to undertake the reading of it without some securitie given for the safetie of their persons the Lords of Our Councell by their Act of the 28. of July 1637. ordered the Provost Bailiffes and Councell of Edinburgh to advise amongst themselves concerning some obligatorie Act to be made by them for a reall performance of what they had undertaken and should further undertake for the peaceable exercise of the Service Book which they accorded unto and promised that since the former Readers in their severall Churches had refused to read the Booke if in the meane time the Ministers themselves would read it they would take order for their safetie and when new Readers should be provided they would take order both for their securitie and settled maintenance and allowance In pursuance whereof an obligatorie Act was drawne up by Our Advocate and read before Our Councell to the Magistrates of Edinburgh the sixt of August 1637. to which they humbly consented and on the tenth of the same moneth the said Act of indemnitie being exhibited before Our Councell was allowed by them and accordingly passed and entred in Our Councell booke as an Act of Councell And so now this late tumult in all appearance being settled and not onely fathered upon the scumme and dregges of the people but cryed downe by all men either of place or qualitie and by none more then by the Magistrates and Ministers of Edinburgh Our Councell not fearing any new outrage proceeded to these two things First to the exemplarie punishing of such of the heads of the late tumult as they should discover And next to the settling of the practice of the Service Booke and appointing a new day for renewing the exercise of it to which the Bishops Magistrates and Ministers of Edinburgh agreed And this their forwardnesse the Magistrates of that Citie were not onely contented to expresse before Our Councell both by their verball promises and protestations as also their obligatorie Act remaining upon record and registred in Our bookes of Councell but likewise by two particular Letters sent by them
consciences will not suffer us to imbrace and practise this urged Service VVe have this long time past winked at some former alterations being put in hope that no further novations should follow But now we being oppressed with our just feares to see our selves deprived of that libertie in serving God which ever hath beene approved by Church and Kingdome In place whereof we are now like to be constrained to imbrace another which hath neither been agitated nor received either by generall Assemblie or Parliament In such extremitie we are most humbly to supplicate your Lordship to consider our present estate and that this businesse is a matter of so great weight and consequence as should not appeare to bee a needlesse noyse of simple women but it is the absolute desire of all our hearts for preservation of true Religion amongst us which is dearer to us then either estate or life And therefore we do humbly crave that as the rest of the Kingdome so we may have a time to advise and that your Lordship may find out some way whereby wee may be delivered from the feare of this and all other innovations of this kinde and have the happinesse to injoy the true Religion as it hath beene by the great mercie of God reformed in this land and authorised by his Majestie who may long and prosperously Reigne over us And your Lordships answer Their Petition to the Councell followes My Lords of Secret Councell UNto your Lordships humbly shews VVe Noblemen Barons Ministers Burgesses and Commons That whereas we were in humble and quiet manner attending a gracious answer of our former supplications against the Service Book imposed upon us and readie to shew the great inconveniences which upon the introduction thereof must ensue we are without any knowne desert farre by our expectation surprised and charged by publike Proclamation to depart out of the town within twentie foure houres thereafter under paine of Rebellion by which peremptorie and unusuall charge our feares of a more severe and strict course of proceeding are augmented and course of our supplication interrupted wherefore we are constrained out of the deep griefe of our hearts humbly to remonstrate that whereas the Arch-bishops and Bishops of this Realme being intrusted by his Majestie with the government of the affaires of the Church of Scotland have drawne up and set forth and caused to be drawne up and set forth and injoyned upon the subjects two Books In the one whereof called the Book of Common prayer not onely are sowne the seeds of divers Superstitions Idolatrie and false doctrine contrarie to the true Religion established within this Realme by divers Acts of Parliament But also the Service Booke of England is abused especially in the matter of Communion by additions subtractions interchanging of words and sentences falsifying of titles and misplacing of Collects to the disadvantage of Reformation as the Romish Masse is in the more substantiall points made up therein as we offer to instruct in time and place convenient quite contrarie unto and for reversing the gracious intention of the blessed Reformers of Religion in England In the other book called Canons and Constitutions for the government of the Church of Scotland they have ordained That whosoever shall affirme that the forme of worship inserted in the Booke of Common Prayer and Administration of the Sacraments whereof heretofore and now we most justly complaine doth containe any thing repugnant to the Scriptures or are corrupt superstitious or unlawfull in the service and worship of God shall be excommunicated and not be restored but by the Bishop of the place or Archbishop of the Province after his repentance and publicke revocation of this his wicked errour Besides one hundred Canons moe many of them tending to the reviving and fostering of abolished superstitions and errours and to the overthrow of our Church Discipline established by Acts of Parliament opening a doore for what further invention of Religion they please to make and stopping the way which Law before did allow unto us for suppressing of errour and superstition And ordaining That where in any of the Canons there is no penalty expresly set down the punishment shall be arbitrary as the Bishop shall think fittest All which Canons were never seen nor allowed in any Generall Assembly but are imposed contrary to order of law appointed in this Realm for establishing Constitutions Ecclesiasticall unto which two books the foresaid Prelates have under trust procured his Majesties Royall hand and Letters Patents for pressing the same upon his loyall subjects and are the Contrivers and Devisers of the same as doth clearly appear by the Frontispice of the Book of Common Prayer and have begun to urge the acceptance of the same not onely by injunctions given in Provinciall Assemblies but also by open Proclamation and charge of Horning whereby we are driven in such straites as we must either by Processe of Excommunication and Horning suffer the ruine of our estates and fortunes or else by breach of our Covenant with God and forsaking the way of true Religion fall under the wrath of God which unto us is more grievous then death VVherefore we being perswaded that these their proceedings are contrary to our gracious Soveraign hispious intention who out of his zeale and Princely care of the preservation of true Religion established in this his ancient Kingdome hath ratified the same in his Highnesse Parliament 1633 And so his Majestie to be highly wronged by the said Prelates who have so farre abused their credit with so good a King as thus to insnare his subjects rend our Church undermine Religion in Doctrine Sacraments and Discipline move discontent between the King and his subjects and discord between subject and subject contrary to severall Acts of Parliament VVe out of bound duty to God our King and native Countrey complain of the foresaid Prelates humbly craving that this matter may be put to tryall and these our parties taken order with according to the lawes of the Realm And that they be not suffered to sit any more as Judges untill the cause be tryed and decided according to Justice And if this shall seeme to bee to you a matter of higher importance then you will condescend unto before his Majesty bee acquainted therewith Then wee humbly supplicate that this our grievance and complaint may be fully represented to his Majestie That from the influence of his Gracious Soveraigntie and Justice these wrongs may bee redressed and wee have the happinesse to injoy the Religion as it hath beene reformed in this Land IN this Petition it is worthy the observing that they complaine of the mangling of the English Service Booke and of the abuses offered unto it and the wronging of the intentions of the blessed Reformers of Religion here in this Kingdome whereas in their Sermons and ordinarie discourse they doe usually inveigh against the Service Booke here for being stuffed with Superstition and Poperie and that the first Reformers
his foresaid Colleagues respectivè have taught erroneous and corrupt doctrine themselves and by their pretended power have preferred to the Ministerie men who have taught erroneous doctrine against the Confession of Faith and Acts of Parliament quoted in our Covenant and they cherish and maintaine them who teach Arminianisme and Popery as conditionall Election Free will resistibilitie of effectuall Grace The universality of Christs death The merit of it in Heaven and in hell a finall apostacie of the Saints The locall descent of Christ into hell That Christ came into the world clauso Virginis utero auricular Confession and Papall absolution That the Pope is not Antichrist That the Church of Rome is a true Church That reconciliation with Rome is a thing easie That the Church of Rome erres not in fundamentals and that she differs not in fundamentals from the reformed Churches They call in question the imputation of Christs righteousnesse and they affirme the formall cause of justifying faith to consist in our inherent righteousnesse They affirme that there is a locall and circumscriptive presence of Christ in the Sacrament and they change the Sacrament into a Sacrifice and the Table into an Altar the Ministers into Priests There are other damnable and hereticall points of Doctrine which they maintaine of which we shall give particular information in our particular accusation of each one of them respectivè with the proofes thereof when we shall be required Whereas by the Acts of the Church no oaths or subscriptions should be required from those who enter into the Ministerie but to the Confession of faith and to the book of Policy yet the said Master David Lindsey with his foresaid Colleagues respectivè without a warrant from the Church or Parliament doe exact diverse oathes and subscriptions from them who enter into the Ministerie namely That they should both in publick and private prayers commend the Prelats to Gods mercifull protection That they should be subject to the orders which were now in the Church or by the consent of the Church that is by their consent as they affirme should be established as to the Service Book and to the Book of Canons The heavinesse of this grievance made the most part of his Majesties subjects to complaine in these Articles that worthy men which have testimonies of their learning from Universities and are tryed by Presbyteries to be fit for the worke of the Ministerie and for their gifts and lives were much desired by the people yet these men are kept out because they could not be perswaded to subscribe and swear unto such unlawfull oaths which have no warrant from the Acts of the Church nor the laws of the Kingdome and they were Articles and oaths conceived according to their pleasure and men of little worth and ready to sweare were for by-respects thrust upon the people and admitted to the most eminent places of the Church and of the Schools in Divinity which breeds continuall complaints and moves the people to run from their owne parish Churches refusing to receive the Sacrament from the hands of Ministers set over them against their hearts which makes them not to render unto them that honour which is due from the people to their Pastours and it is a mighty hinderance to the Gospel to the soules of the people and to the peace of this Church and Kingdome Whereas in the Assembly holden at Edinburgh in March ann 1578. it was declared that it was neither agreeable to the word of God nor to the practice of the Primitive Church that the Administration of the Word and Sacraments and the ministration of civill and criminall justice should be confounded that one person could supply both the charges but that a Minister should not be both a Minister and a Senator in the Colledge of justice And in the Assembly holden in October An. 1578. it was reckoned amongst the corruptions of the State of Bishops which they were charged to forgoe that they should usurp a criminall jurisdiction that they should not claime unto themselves the titles of Lords that they should onely be called by their owne names or brethren yet the said Master David Lindsey with his foresaid Colleagues respectivè have assumed to themselves the titles and honours of Lords they did sit as Senators in the Colledge of justice as Councellors in the Privie Councell as Auditors in the Exchequer and have enjoyed prime Offices of State The pretended Bishops have usurped the place and precedencie before all Temporall Lords the pretended Archbishops before all the Noble Earles of the land and the pretended Primate before the prime Officers of State in the land Whereas by the Word of God and Acts of the Assembly namely Anno 1576. 1577. and 1578. no man should be suffered to be a Minister unlesse hee be tied to a particular flocke and congregation and not to be tied to a particular flocke it is condemned as a corruption of the state of Bishops which they were charged to forgoe yet the said Master David Lindsey with his Colleagues respectivè foresaid are Ministers and will not be tied to particular flockes Whereas the office of a Bishop as it is now used within this Realm was condemned by the booke of policie and by the Act of the Assembly holden at Dundee Anno 1580. whereof these are the words Forasmuch as the office of a Bishop as it is now used and commonly taken within this Realme hath no sure warrant from authoritie nor good ground out of the Scriptures but it is brought in by the folly and corruptions of the inventions of men to the great hurt of the Church The whole Assembly of this Church with one voice after liberty given to all men to reason in the said matter no man opposing himself to maintain the said pretended office doe find and declare the said pretended office used and termed as is abovesaid unlawfull in it selfe as having neither ground nor warrant within the Word of God and we doe ordaine that all such persons which doe or shall hereafter enjoy the said office shall be charged simply to dismisse quit and leave the same as an office unto which they were not called by God and that they shall leave off all preaching ministration of the Sacraments or other offices of Pastors untill such time as they receive admission de novo from the generall Assembly under the paine of excommunication to be used against them and if they be found disobedient to contradict this Act in the least point after due admonition the sentence of excommunication shall be executed against them And for the better execution of the said Act it is ordained that a Synodall Assemblie shall be holden in everie Province in which usurping Bishops are 18. August next to come in which they shall be cyted and summoned by the Visitors of the said Countries to compeere before their Synodall Assemblies as namely The Archbishop of S. Andrewes to compeere at Saint Andrewes The Bishop of Aberdene in
Aberdene The Archbishop of Glasgow in Glasgow the Bishop of Murray in Elgin to give obedience to the said act which if they refused to do that the Synodall Assemblies shall appoint certaine brethren of their Presbyteries to give them publike admonitions out of their Pulpits and to warne them if they disobey to compeere before the next Generall Assemblie to be holden at Edinburgh 20. Octob. to heare the sentence of excommunication pronounced against them for their disobedience and to this act the Bishop of Dumblane that then was agreed submitting himself to be ruled by it it was also condemned by the act of Glasgow Anno 1581. which doth ratifie the former act of Dundee and ordaines the book of policie which was approved by severall Generall Assemblies to be registrated in the books of the Assemblie and enjoyned the generall confession of faith to be subscribed by all his Majesties Lieges Yet hath the said Master David Lyndsey with his foresaid Colleagues respectivè not onely incroached upon the liberties of Presbyteries and Synods but hath also took Consecration to the office of a Diocesan Bishop without the knowledge or consent of the Church and against the acts of it claiming the power of ordination and jurisdiction as due to him by that unwarrantable office Besides the said Master David Lyndsey with his foresaid colleagues respectivè have against the Lawes of the Church and Kingdome brought in the Service book the book of Canons and the High Commission Court and would have changed and overthrowne the whole frame of doctrine of Gods word the use of the Sacraments the Discipline Liberties and Priviledges of this Church and State if the Lord had not prevented them The particulars wee shall present to your wisdomes though it bee knowne to all men how hee and they have abused his Majesties authoritie against his Royall intentions and Declarations they having moved discontents betwixt the King and his subjects by scandalous lies betwixt subject and subject for which things complaints have been given in to the Councell which we hold heare to be repeated as a part of our complaint and to be tried by your wisdomes and referred to the Assemblie Besides all these faults the said Master David Lyndsey with his Colleagues respectivè in his life and conversation is slandered constantly as guiltie of excessive drinking whoring playing at Cards and Dice swearing profane speaking excessive gaming profaning of the Sabbath contempt of the publike ordinances and private familie-exercises mocking of the power of preaching prayer and spirituall conference and sincere professors besides with briberie simonie selling of Commissariots places lies perjuries dishonest dealing in civill bargaines abusing of thir vassals and of Adulterie and incest with many other offences of which we shall give the particulars in our particular accusations Whereas the Presbyterie is the ordinarie judicatorie of this Church for trying of these offences and hath the Ecclesiasticall power for cytation of the parties and offenders with the reference to their complaints to the Generall Assemblie Therefore wee most earnestly and humblie beseech your godly wisdomes as you tender the glorie of God the peace and libertie of this Church the removall of scandals and punishment of vice that you will take into your consideration and triall the foresaid many and hainous offences with the particular reservations and qualifications of them which we shall present to your wisdomes or to the Assemblie when it shall bee thought convenient and that you would either take order with it your selves and censure the offenders according to the nature of the offences with the Ecclesiasticall paines contained in the Acts and foresaid Canons of this Church and Kingdome or else make a reference of them to the Generall Assemblie to bee holden at Glasgow 21. Novemb. and that the knowledge of these should come to the Delinquents that you will be pleased to ordaine the publishing hereof to bee made by all the Brethren of the Presbyterie in their Pulpits upon the Sabbath before noone with a publike admonition to the offenders to be present at the Assemblie to answer to this complaint and to undergo the censure and triall of it and to bring with them the books and scroules of subscriptions and oaths required from those who enter into the Ministerie with the books of the High Commission Court and the books of the Generall Assemblie which they or their Clerk had or have fraudulently conveied away Together with this certification That if the said Master David Lyndsey with his foresaid colleagues respectivè do not appeare in the said Assemblie and bring with them the said books to answer to this complaint in generall and to the particular heads of it and to submit himselfe to the triall and proofe of this complaint generall and to the particular heads of it that there shall be a condigne censure of these offenders for their contempt and contumacie Here wee humblie beseech your wisdomes answer The Act of the Presbyterie of Edinburgh 24. Octob. 1638. yeares in answer to this Complaint UPon the said day we the Brethren of the Presbyterie of Edinburgh after we had received this Bill and complaint presented unto us by the Laird of Buchanan The Laird of Dury the younger The Laird of Carlourie John Smith late Bailife of Edinburgh John Hammiltoun and Richard Maxwel in name of the Noblemen Barons Burgesses and Commons subscribers of the Covenant which are not Commissioners to the Generall Assemblie against the pretended Archbishops and Bishops of this Kingdome and after wee had read and seriously considered the same wee according to the desire of the complainers did and do referre the same to the next Generall Assemblie to bee holden at Glasgow 21. November And we ordaine the publishing of this complaint and of our reference of it to the Assemblie to be fully read by all the Pastors of the Presbyterie upon the next Sabbath before noone out of their Pulpits with a publike warning and cytation to the offendants complained upon By name Master John Spotswood pretended Archbishop of Saint Andrewes Master Patrick Lyndsey pretended Archbishop of Glasgow Master Thomas Sydserfe pretended Bishop of Galloway Master David Lyndsey pretended Bishop of Edinburgh Master Alexander Lyndsey pretended Bishop of Dunkeld Master Adam Bannatine pretended Bishop of Aberdene Master John Gutherie pretended Bishop of Murray Master John Maxwel pretended Bishop of Rosse Master George Greme pretended Bishop of Orknay Master John Abernethie pretended Bishop of Caithnes Master Walter Whitefoord pretended Bishop of Brichen Master James Wedderburne pretended Bishop of Dunblane Master James Fayrley pretended Bishop of Argyle Master Nail Campbel pretended Bishop of the Isles to be present at the said Assemblie to answer to this complaint in generall and to the particular heads of it to undergo the triall and censure of it and to bring with them the books and scroules of the subscriptions and oaths of them who enter into the Ministerie the books of the High Commission and the book of the Generall
they conceived them to bee the true and authenticall Acts of the generall Assemblies of the Church of Scotland The day before this these Committees had made their report that they had perused them and had found them to bee true and authenticall Records and delivered in writing some reasons of this their opinion which made the impartiall auditors wonder how in two daies men could peruse and make a judgement of such volumes which other men who tooke themselves to be no fooles thought could hardly be done in one yeere but that was all one the Moderatour this day put it to the question and voices Whether they would allow the copies of those Bookes of Assembly which the Committees the day before had reported to bee good and faithfull copies to bee reputed ever hereafter for the authenticall Records and Registers of the Church of Scotland Our Commissioner prayed them to forbeare doing any thing suddenly in a businesse of so great importance that nothing especially if it were doubtfull could bee made a publique Record of any Judicatorie which was to oblige Our subjects unlesse We first by Our Advocate and learned Councell were satisfied of the authenticall authoritie of that Record and therefore wished them to stay untill that course might bee taken and before that time not to put it to voices But all in vaine for presently they of the Assembly without one contrarie voice concluded these Bookes to be authenticall Registers and so to bee held and reputed for ever without knowing what was in them They were foure Bookes and very large and confessed not to be the Originals but copies Our Commissioner then remembring that at Our Palace at Holy-rood-house hee was denied the sight of the Bookes of the Assembly the Covenanters having threatned the former Clerke of the Assembly if hee should let Our Commissioner have the perusall of them begun now to thinke that there might be stuffe enough in them against Our Regall authoritie and perhaps a great deale of it of their own devising which caused Our Commissioner to enter into Our Clerke of Registers hands a solemn Protestation against the validitie of these Records and against any of Our subjects being obliged by them untill such time as they should be perused and allowed by such as We should authorize by Commission for that purpose Next the Moderatour desired the Clerke to reade certaine answers which upon the sudden had been drawne up as he said by certaine Brethren to the reasons contained in the Bishops Declinator which had been read the day before And indeed so soone as they were heard it was easily beleeved that they were drawne up upon a sudden without either feare or wit being very poore and silly stuffed full of cytations out of their own bookes of Discipline which did allow lay-Elders and by these testimonies concluded the exception of the Bishops against Lay-Elders Ministers Commissioners chosen by them for having voice in the Assembly to bee invalid which made some admire by what consequence it could be inferred that because there had been Lay-Elders in particular Church-Sessions nay and perhaps in Presbyteries that therefore these Lay-Elders either had or must now have voices in the generall Assembly or in chusing the Ministers Commissioners to it Yet the Moderatour caused another paper to bee read in defence of Lay-Elders of the very same tedious stuffe with the former And to magnifie those Bookes of Discipline so often cyted in both these papers the Moderatour desired the whole Assembly to heare himself reade a long Latine testimonie given in the Syntagma of the confessions of the Reformed Churches to the puritie of the discipline of the Church of Scotland Our Commissioner called for the Book desired to see what he had read and found it to be a private testimonie of one unknowne inserted by the Printer or setter out of that Syntagma to make it sell the better because it had some new thing in it which made a good many laugh at that so much magnified testimonie Then the Moderator to take away that exception in the Bishops Declinator that the Assembly was a declared partie and therefore could not be their Judge alledged that the Remonstrants had made the same objection against the Synod of Dort but that it was repelled by all the Divines there present and the invaliditie of that exception declared by none better then by the Divines of great Britaine whose judgement against that exception he then out of the publique Acts of that Synod did reade Our Commissioner told the Moderatour that he should have done well to have translated into Scottish that passage which he last read and the former out of the Syntagma that so many of the Lay-Elders who were to judge of the fitnesse of these cytations might understand him and them which the Moderatour passed over with a smile ONE who stood by Our Commissioner and had been present at the Synod of Dort asked leave first of Our Commissioner and then of the Moderatour to speake which being granted him by both hee answered the Moderatours answer to the Bishops objection thus That the Bishops exception against them of the Assembly as pars adversa differed from that of the Remonstrants against the Synod of Dort two waies First in regard of the matter of it For the Synod consisting of Divines the matters controverted being points of Divinitie and by some men thought to bee fundamentall points of faith though they were not so in which Schollers use not to be neutrall it was impossible for the Remonstrants to find Divines to be their Judges if they would except against such Divines as had declared themselves to bee of the one opinion or the other But it was not so with Episcopacie in the judgement of the members of this Assembly for they could not hold the allowing or rejecting of Episcopacie to bee a point of doctrine because points of doctrine are not alterable but the Church of Scotland in her positive confession Article 21. did hold Church policie or government alterable at the will of the Church which opinion whether he did allow or not hee was not then and there to declare but sure in such points which they themselves held alterable and indifferent at the will of the Church being no points of doctrine there was no necessitie of pre-declaring their judgement especially after they meant to bee Judges Nay there was a necessitie of not pre-declaring their judgement against Episcopall government considering it stood now in force by Acts both of Church and Parliament and therefore that the declaration of their judgement against it even since they intended to be Judges of it but before they were actually so did barre them from being Judges of it at all But secondly and that upon which he principally insisted was this That the Bishops case in their exception against this Assembly differed from that of the Remonstrants against the other Synod in the manner of the members of that Synods
Episcopacy was still condemned notwithstanding all opposition made in the contrare As for the Kings oath the same containeth no mention of Bishops but by the contrary the King is obliged thereby to maintaine the true Religion of Jesus Christ the preaching of his holy word and right administration of the Sacraments then received and preached within this Realme And seeing it is cleared by the preceeding relation that Bishops were never allowed but oppugned by the Kirk of Scotland that oath doth not allow but exclude Episcopacy which is also more perspicuous in the short confession 1580. and 1581. when the Kirk set downe her constant policy in Doctrine and Discipline grounded upon the word of God wherein the Hierarchie is abjured as contrary thereto and craved an oath from his Majesty for maintenance thereof which now also our gracious Soveraign in the judgement of the Kirk of Scotland is obliged to maintaine as being founded upon the word of God and exclusive of Episcopacie as repugnant thereto The acts of Parliament thereafter particularly cited are these mentioned in order The 24. act 1567. ratifying all civill priviledges formerly granted to the spirituall estate and the 35. act 1571. Ratifying all acts made anent the freedome and liberty of the true Kirk the same cannot bee extended to the establishing of Episcopacy because it is not mentioned in these acts but by the contrary was abolished by the acts of the Assembly and Parliament before mentioned so that the priviledges therein mentioned are granted to such Kirk-men as then were received by the Kirk and Kingdome and the freedome of the Kirk must be interpret by her owne judgement who thought ever Episcopall jurisdiction an heavy bondage and yet those priviledges can inferre no spirituall jurisdiction but only civill priviledges some immunities and extemptions granted for the goods and persons of Kirk-men as is cleare 1. act Iames 1. Par. 1. and 26 act Par. 2. Iames 1. and 4. act Par. 3. Iames 2. with many others It is here to be observed that the carefull evolver of these acts of Parliament hath omitted to cite the 7. act 1. Parliament of King Iames 6. bearing the examination and admission of Ministers to be only in the power of the Kirk then openly and publickly profest and presentations to be made to Superintendents or others having commission from the Kirk and appealeth from them to the Superintendents and ministers of the Province and appealleth from these to the generall Assembly in all which gradations no mention of Bishops but they in effect excluded by that contrare distinction of the Kirk then openly profest because they were discharged by the foresaid second act 1567. and Superintendents were then permitted like temporarie Evangelists for the present necessity declared in the first booke of discipline ad ecclesiam constituendam but was abrogate from 1575. that the constant Policie of Ecclesia constituta began to be established As for the acts of Parliament 1572. and 1573. It is knowne by the records of the time that the Regent then laboured hard to bring in Arch-bishops and Bishops who were not dead but standing de facto provided to the power of these titulars of benefices to fortifie his owne designes and counter-ballance the authority of Ministers pressing the purity of reformation and so cannot be honourably alleadged for the Bishops at this time and yet it was done not by authority but by warrand of some Ministers of his owne party conveened at Leeth and was onely done for an interim and protested against by the next Assembly and yet neverthelesse by the said acts of Parliament the Arch-bishops Bishops Superintendents or Commissioners of Dioces or Provinces are joyned together which is wrongously omitted in the quotation to show that no Archbishop or Bishop quatales had any power but only being de facto standing provided in the title they were capable of a Commission from the Kirk which sometimes they obtained and in the book of Assembly are named such as are called Bishops and were under the Discipline of the Kirk and in the same Superintendents possessours and titulars of prelacies as well as Arch-bishops and Bishops are ordained to be called and conveened for that effect before the generall Assembly of the Kirk And yet none can say That the offices of Abbots Pryors c. were then retained howbeit the benefices were not extinct and few ill grant that when the Arch-bishops and Bishops office was in vigour they thought themselves subject to the generall Assembly as they are by the said act which is also fraudfully omitted in the quotation As for the acts of Parliament 1578. and 1579. It is answered that the Kirk in this meane time from the yeare 1575. was busied in abrogating Episcopacy and establishing the constant policie as is cleare by the printed acts of Assembly before the book of Discipline and unprinted acts of Parliament The Kirk by her Commissioners daily reasoning and agreeing with the Kings Majesty and his Commissioners upon these heads of policie whereupon the Parliament by the said 69. act 1579. declareth there is none other jurisdiction ecclesiasticall to be acknowledged but that which is in this reformed Kirk and floweth there-from which extinguisheth Episcopacy because it doth not flow from this reformed Kirk neither can produce its chartor from her for besides that it was abolished by the foresaid acts 1567. It was condemned also in the book of Policie and in the generall Assembly holden at Dundie 1580. and their whole estate spirituall and temporall condemned in the Assembly at Glasgow 1581. and so acknowledged by his Majesties Commissioner in the Assembly at Edinburgh 1581. so that by this act of Parliam 1579. The Bishops are so abolished that unlesse they be established by lawfull Assemblies of the Kirk no act of Parliament since sen can conduce for their establishment seeing this act with the other acts for their abolition standeth yet unrepealed And farther for the act of Parliament 1578. if the same contribute any thing for Episcopacy it must either be because Bishops are there mentioned or for the power thereby conferred upon them But both these are weak grounds The first because there is no Bishop there named but such as stood provided de facto on life which is an designation of the benefice which was not then extinct and not of the office which was extinct The power conferred upon them by the said act can give no strength to the argument because there is no jurisdiction granted thereby to them but only power to visit Hospitalls which the Parliam might have granted to any person but was most proper to these idle titulars of benefices who might best attend the same or imploy means for their reparation And this charge is likewise communicate by act of Parliament to all Chancellours of this Kingdome for the time being And as to the 71. act 1579. we repeat the former answers that Superintendents and Commissioners are there joyned with the Bishops to
protestation more largely And for the 132. and 133. act of the said Parliament 1584. there is no Ecclesiasticall priviledge or authority thereby granted to Bishops as Bishops but only a power of cognition wherein the Parliament hath joyned others the Kings Commissioners with them only as the Kings Commissioners and granted the same unto seculare persons with them but the King could never provide them to the office and jurisdiction of Bishops which was abolished by many acts of Parliament and Assemblies before written The 23. act 1587. worketh directly against Bishops being a generall ratification of all acts formerly made anent the religion presently profest in this kingdome which must include the acts abolishing Episcopacy but especially seeing in the same Parliament 1587. temporall livings are taken from the Bishops as well as the office was 1567. And the same act undoubtedly was granted in the same meaning wherein the Kirk did crave it who that same yeare had often condemned Episcopall government as contraire to Gods word and the liberty of the Kirk and approved Presbyteriall government as flowing from the pure fountaine of Gods word It falleth in here to be remarked that the act 114. anno 1592. is never alleadged and that because it not only revocks in particular the foresaid acts 1584. but in generall all other acts contrary to that discipline then established and in particulare the Assemblies Presbyteries and Synods with the discipline and jurisdiction of this Kirk are ratified and established as most just and Godly notwithstanding whatsoever statutes acts cannons civill or municipall lawes made in the contrare whereunto his Majesties prerogative is declared to be no wayes prejudiciall Further the said act abrogates all acts granting commission to Bishops and other Judges constitute in Ecclesiasticall causes and ordaineth presentation to benefices to be direct to Presbyteries with power to give collation thereupon And so containeth a ratification of the heads of Policy set downe in the second book of discipline Which act is renewed act 60. anno 1593. and the power of Presbyteries acknowledged 1594. act 129. and was never rescinded expresly in totum but only in part by the ratification of the act of Glasgow Which now cannot be respected but falleth ex consequenti seeing that Assembly of Glasgow is now upon just and infallible reasons declared to have been null ab initio and so this act of Parliament wisely omitted by the collecter to the Cōmissioners grace might serve alone without our preceeding speciall answers for clearing the whole preceeding acts The 23. act 1597. granteth the priviledge of a voyce in Parliament to the whole Kirk and under that name to Abbots or other persons provided to prelacies as well as Bishops even as in time of papistry So as Sir Robert Spottiswood Abbot of New-abbay road thereafter in Parliament which was both unwarrantable and unusuall Which doth nothing contribute for the Bishops advantage because albeit the benefice was not extinct yet neither the King nor the Parliament might give them the office so oft condemned by this Kirk which is also acknowledged in the same act because after the granting to them of the said voyce the Parliament remitteth them to the King and the Assembly concerning their office in their spirituall policy and government in the Kirk 2. The said act beareth expresly to be but prejudice of the jurisdiction and discipline of the Kirk established by acts of Parliament made in any time preceeding and permitted by the said acts to all provinciall and generall Assemblies and other whatsoever Presbyteries and Sessions of the Kirk and so the same cannot derogate from the former acts ratifying the present discipline of the Kirk especially the said act 1592. nor yet from the acts of the Assembly abjuring Episcopacy 3. The priviledge is granted upon condition they be actuall Pastors and Ministers And so we referre to the world and themselves if with good consciences they may claime the benefice of that act 4. That priviledge was obtruded and pretended to be introduced in favours of the Kirk who may and hath renounced the same as being incompatible with their spirituall function as the act of the Assembly at more length beareth upon undeniable reasons 5. When voyce in Parliament was first plausible obtruded upon the Kirk it was neither proponed nor tolerated in other tearmes then that onely such should have vote in Parliament as had Commissiom from the Kirk So that not as Bishops but as Ministers Commissioners from the Kirk they had vote in Parliament Like as the Assembly at Montrose 1600. being so hardly prest by authority that they could not get it altogether refused albeit in their conference at Haly-rud-house 1599. they proponed unanswerable reasons against this and all other civill places of pastours set downe cautions binding the Ministers voters in Parliament to bee insert in the act of parliament subsequent which was omitted notwithstanding of the Bishops oath and duty in the contrare for the breach whereof they are now most justly censured 6. The ratificatory acts of the priviledges of the Kirk and Discipline thereof then profest are not thereby abrogate but notwithstanding thereof must stand in force because it is ever understood and frequently provided in Parliament that all acts thereof are made salvo jure cujuslibe◠far more salvo jure ecclesiae sponsae Christi when she is robbed of her right without audience especially seeing her right is usually ratified in the first act of every Parliament 7. Albeit it were granted that by this Act of Parliament or any whatsoever the Prelates had voice in Parliament yet that doth not exeime them from Ecclesiastick censure nor forefault the Kirks right whereby she may condemne them for their transgressions as now this Assembly most justly hath done for by their own caveats whosoever is ecclesiastically censured by Presbyteries and provinciall Assemblies ipso facto loseth his benefice and vote in Parliament 8. Further the Bishops in their declinatour professe they never had commission from this Kirk to voice for her in Parliament according to the cautions set down in the Assembly at Montrose for the which cautions that Assembly was never challenged as trenching upon the third estate The act of parliament 1606. is coincident with the nature of the preceeding acts for albeit the King and parliament might have reponed them to their rents teends lands c. which were annexed to the Crown yea might have disponed to them any part of the patrimony of the Crown If lordly titles and civill places in the persons of pastors separat to the Gospel had been lawfull yet could not give them the spirituall office and jurisdiction spirituall which was abolished and abjured by many preceeding acts of Assembly and parliament forecited Et quod illud tantum agebatur is evident by the whole straine of the act reponing them for remeed of their contempt and poverty to their dignities priviledges livings rents lands and teinds and this alwayes
into England unto the Lord Archbishop of Canterburie in which they desired him to recommend unto Us their care of and fidelitie to Our service and to undertake for them to Us their zeale and forwardnesse for settling the peaceable practice of the Service Booke Which Letters We here have caused to be inserted that the Reader may see what names of simplicitie and ignorance they bestow upon that multitude which made the first opposition and withall take notice of the names of the Magistrates subscribers to these Letters for some of them which hardly could be expected from reasonable men will be found to be very forward if not leaders in the next succeeding sedition and so of the rest which have followed since The Letters be these Most Reverend Father in God and our verie good Lord WEe regrait from our hearts that tumult which did fall out in our Churches that day of the inbringing of the Service Booke wherein now these of his Majesties Councell who have laboured the tryall thereof will give testimonie of our innocencie Since that time and the rising of his Majesties Councell in this feriall time we have daily concurred with our Ordinarie and our Ministerie for settling of that Service Booke as the right Honourable the Earle of Traquair Lord Treasurer with the Bishops of Galloway and Dunbleane will beare witnesse who have spared neyther paines nor attendance to bring that purpose to a good conclusion And although the povertie of this Citie be great being almost exhausted with publicke and common workes yet we have not beene lacking to offer good meanes above our power to such as should undertake that service and in all things wherein we have beene required we have ever beene ready really to approve our selves obedient and loyall subjects to his Majestie in all his Royall commandements which we have vowed ever to second to our lives end And we being infinitely obliged to your Graces favours we now presumed by these lines to give your Grace that assurance of obedience upon our part in this purpose and in all other purposes wherein we may contribute to the advancement of his Majesties service or can be expected of good subjects VVhereof if his Majestie by your Grace shall be pleased to rest assured whatsoever any other shall suggest we will accept it from you as a great accumulation of favour for all which your Grace shall ever finde us most thankfull Remembrancers and most ready really to expresse our thankfulnesse whenever we shall be made so happy as that your Grace shall have occasion to use our service Thus from our hearts wishing you all happinesse we kisse your Graces hands Edinburgh this 19. of August 1637. Your Graces most affectionate and humble servants the Bailliffes of Edinburgh J. Cochrane Bailly An. Ainslie Bailly J. Smith Bailly C. Hammilton Bailly THE SECOND LETTER Most Reverend Father in God and our very good Lord WEe did receive your Graces kind letter and from our hearts we do render your Grace most hearty thanks and as wee have hitherto found your speciall favour in this matter concerning the laitly imprinted Service Booke whereanent we did write to your Grace formerly shewing our dutifull and obedient resolution not onely in our selves but in the greatest and best part of our Inhabitants of whom from time to time we had most confident assurance so now we must againe become new suiters at your Graces hands to receive from us a true information of the difference of the present time and of that when we did presume to write the occasions thereof which is that since our last there hath beene such an innumerable confluence of people from all the corners of this kingdome both of Clergie and Laitie and of all degrees by occasion of two Councell dayes and such things suggested to our poore ignorant people that they have razed what we by great and continuall pains had imprinted in their minds and have diverted them altogether from their former resolutions so that now when we were urged by our selfes alone we could not adventure but were forced to supplicate the Lords of Councell to continue us in the state they had done the rest of the kingdome having hitherto forborne either to combine with them or to countenance them in their supplications yet we will not forbeare to doe our Masters service to our power but shall studie to imprint in their minds what hath beene taken away in the interim we will humbly beg your Graces favour and intercession with his Majestie that we may be keeped still in his favour which we doe esteeme our greatest earthly felicitie and that what course shall be taken with the rest of this kingdome in that matter who have presented many supplications and with whom we have in no wayes combined that the same and no other may be taken with us wherein we are confident to prevaile as much as any other within the kingdome and in all things shall endevour nothing more then that we may approve our selves most dutifull and obedient subjects Thus relying upon your Graces favour as our most assured refuge we kisse your Graces hands and rests Edinburgh this 26. of September 1637. Your Graces most affectionate and humble servants the Bailliffes of Edinburgh J. Cochrane Bailly J. Smith Bailly C. Hammilton Bailly James Rucheid WEe confesse that these large undertakings of the Magistrates moved Us to remit much of Our intended rigor against the offenders in the first uproare hoping that their acknowledgment of Our clemencie would have produced effects quite contrarie to those which We have found And now We shall desire the Reader to observe that this first tumult was owned by none condemned and cryed down by all the authors of it and actors in it called by all sorts by no better names then Rogues and the base Multitude What will you then think if that within verie few daies you shall see the verie same liberall bestowers of these names entring upon the same Stage repeating and acting over againe the parts of that madd Multitude Onely the Stage you shall see a little better hanged and the Scenes better set out and the Play having a more specious name of Pietie and Religion For soon after these base and unruly people who were so much out in their first act of Rebellion as Actors at the first are not commonly perfect were in the Pulpits even for that their first and foule act so much of late hissed at and decryed afterwards magnified for the most heroicall Sparkes that ever God inspired and raised up in this last age of the world and though they were but Asses yet they were cryed up for having their mouthes opened immediately by God as the mouth of Balaams Asse was to the upbraiding of all the rest of the Land who held their peace when they should have cryed and brayed as they did Their happy mouthes and hands which God was pleased to honour that day with the beginning of their new blessed Reformation and