his profane Sacrifice for the sins of the dead and the quick his Canonization of men calling upon Angels or Saints departed worshipping of Imagerie Relicks and Crosses dedicating of Kirks Altars Daies Vowes to creatures his Purgatorie praiers for the dead praying or speaking in a strange language with his Processions and blasphemous Letanie and multitude of Advocates or Mediators his manifold Orders Auricular Confession his desperate and uncertaine repentance his generall and doubtsome faith his satisfactions of men for their sins his justification by works opus operatum works of supererogation Merits Pardons Peregrinations and Stations his holy VVater baptising of Bels conjuring of Spirits crossing saning anointing conjuring hallowing of Gods good creatures with the superstitious opinion joined therewith his worldly Monarchy and wicked Hierarchie his three solemne vowes with all his shavelings of sundry sorts his erroneous and bloudie decrees made at Trent with all the subscribers and approvers of that cruell and bloudie Band conjured against the Kirk of God and finally we detest all his vain Allegories Rites Signs and Traditions brought in the Kirk without or against the VVord of God and Doctrine of this true reformed Kirk to the which we joyne our selves willingly in Doctrine Faith Religion Discipline and use of the Holy Sacraments as lively members of the same in Christ our Head promising and swearing by the Great Name of the Lord our GOD that we shall continue in the obedience of the Doctrine and Discipline of this Kirk and shall defend the same according to our vocation and power all the dayes of our lives under the paines contained in the Law and danger both of body and soule in the day of Gods fearfull Judgement and seeing that many are stirred up by Satan and that Romane Antichrist to promise sweare subscribe and for a time use the Holy Sacraments in the Kirk deceitfully against their owne consciences minding thereby first under the externall cloake of Religion to corrupt and subvert secretly Gods true Religion within the Kirk and afterward when time may serve to become open enemies and persecuters of the same under vaine hope of the Popes dispensation devised against the Word of God to his greater confusion and their double condemnation in the day of the LORD JESUS We therefore willing to take away all suspition of hypocrisie and of such double dealing with God and his Kirk Protest and call The Searcher of all hearts for witnesse that our minds and hearts do fully agree with this our Confession Promise Oath and Subscription so that we are not moved for any worldly respect but are perswaded only in our Consciences through the knowledge and love of Gods true Religion printed in our hearts by the holy Spirit as we shall answer to Him in the day when the secrets of all hearts shall be disclosed And because we perceive that the quietnesse and stability of our Religion and Kirk doth depend upon the safety and good behaviour of the Kings Majestie as upon a comfortable instrument of Gods mercy granted to this Countrey for the maintaining of His Kirk and ministration of Justice amongst us wee protest and promise with our hearts under the same Oath Hand-writ and paines that wee shall defend His Person and Authority with our goods bodies and lives in the defence of Christ his Evangel Liberties of our Countrey ministration of Justice and punishment of iniquity against all enemies within this Realme or without as we desire our God to be a strong and mercifull Defender to us in the day of our death and comming of our Lord Jesus Christ To whom with the Father and the Holy Spirit be all honour and glorie eternally LIke as many Acts of Parliament not onely in generall doe abrogate annull and rescind all Lawes Statutes Acts Constitutions Canons civill or Municipall with all other Ordinances and practicke penalties whatsoever made in prejudice of the true Religion and Professours thereof Or of the true Kirk discipline jurisdiction and freedome thereof Or in favours of Idolatrie and superstition Or of the Papisticall Kirk As Act. 3. Act. 31. Parl. 1 Act. 23. Parl. 11. Act. 114. Parl. 12. of King James the sixt That Papistrie and Superstition may be utterly suppressed according to the intention of the Acts of Parlament reported in Act. 5. Parl. 20. K. James 6. And to that end they ordaine all Papists and Priests to be punished by manifold Civill and Ecclesiasticall paines as adversaries to Gods true Religion preached and by law established within this Realme Act. 24. Parl. 11. K. James 6. as common enemies to all Christian government Act. 18. Parl. 16. K. James 6. as rebellers and gainstanders of our Soveraigne Lords authoritie Act. 47. Parl. 3. K. James 6. and as Idolaters Act. 104. Parl. 7. K. James 6. but also in particular by and attour the Confession of faith do abolish and condemne the Popes authoritie and jurisdiction out of this land and ordaines the maintainers thereof to be punished Act. 2. Parl. 1. Act. 51. Parl. 3. Act. 106. Parl. 7. Act. 114. Parl. 12. K. James 6. do condemne the Popes erroneous doctrine or any other erroneous doctrine repugnant to any of the Articles of the true and Christian Religion publikely preached and by Law established in this Realm And ordaines the spreaders and makers of Books or Libels or Letters or writs of that nature to be punished Act. 46. Parl. 3. Act. 106. Parl. 7. Act. 24. Parl. 11. K. James 6. doe condemne all Baptisme conform to the Popes kirk and the idolatry of the Masse and ordaines all sayers wilfull hearers and concealers of the Masse the maintainers and resetters of the Priests Jesuites traffiquing Papists to be punished without any exception or restriction Act. 5. Parl. 1. Act. 120. Parl. 12. Act. 164. Parl. 13. Act. 193. Parl. 14. Act. 1. Parl. 19. Act. 5. Parl. 20. K. James 6. do condemne all erroneous books and writs containing erroneous doctrine against the Religion presently professed or containing superstitious Rites and Ceremonies Papisticall whereby the people are greatly abused and ordaines the homebringers of them to be punished Act. 25. Parl. 11. K. James 6. do condemn the monuments and dregs of bygane Idolatrie as going to Crosses observing the Festivall dayes of Saincts and such other superstitious and Papisticall Rites to the dishonour of God contempt of true Religion and fostering of great errour among the people and ordaines the users of them to be punished for the second fault as Idolaters Act. 104. Parl. 7. K. James 6. Like as many Acts of Parlament are conceived for maintenance of Gods true and Christian Religion and the puritie thereof in Doctrine and Sacraments of the true Church of God the libertie and freedome thereof in her Nationall Synodall Assemblies Presbyteries Sessions Policie Discipline and Jurisdiction thereof as that puritie of Religion and libertie of the Church was used professed exercised preached and confessed according to the reformation of Religion in this Realm As for instance
this assemblie under the paine of treason and after seven dayes sitting declare all Acts made or hereafter to be made in this Assemblie to be of no force nor strength and that for such causes as are either expressed in his Maiesties former proclamations and so are answered in our former protestations or set downe in the declinatour and protestation presented in name of the Prelats which are fully cleared in our answer made thereto or else were long since proponed by the Commissioner his Grace in his eleven articles or demands sent unto us before the indiction of the Assembly and so were satisfied by our answers which his Grace acknowledged by promising after the recept thereof to procure a free generall Assembly with power to determine upon all questions anent the members manner and matters thereof all which for avoiding tediousnesse we here repeat Or otherwise the said causes alleadged by the Commissioner were proponed by His Grace in the Assemblie such as first that the â—ssemblie refused to reade the Declinatour and Protestation exhibited by the Prelats which neverthelesse was publickly read and considered by the assemblie immediately after the election of a Moderatour and constitution of the Members before the which there was no assemblie established to whom the same could have been read Next that ruling Elders were permitted to have voice in the election of commissioners from Presbyteries which was knowne to His Grace before the indiction and meeting of the assembly and is so agreeable to the acts and practice of this Church in violably observed before the late times of corruption that not one of the assembly doubted thereof to whom by the indiction and promise of a free assembly the determination of that question anent the members constituent propertie belonged And last that the voices of the six Assessors who did sit with His Grace were not asked and numbered which we could not conceive to be any just cause of offence since after 39. Nationall assemblies of this reformed church where neither the Kings Majestie nor any in his name was present at the humble and earnest desire of the assembly His Majestie graciously vouchsafed His presence either in His owne Royall Person or by a Commissioner not for voting or multiplying of voices but as Princes and Emperours of old in a Princely manner to countenance that meeting and to preside in it for externall order and if Wee had been honoured with His Majesties Personall presence His Majestie according to the practice of King James of blessed memorie would have onely given his owne Iudgement in voting of matters and would not have called others who had not been cloathed with commission from the church to carry things by pluralitie of voices Therefore in conscience of our duty to God and his truth the King and his honour the Church and her liberties this Kingdome and her peace this Assemblie and her freedome to our selves and our safety to our Posterity Persons and Estates We professe with sorrowfull and heavie but loyall hearts That We cannot dissolve this Assemblie for the reasons following 1. For the reasons already printed anent the necessity of conveening a Generall Assemblie which are now more strong in this case seeing the Assemblie was already indicted by his Majesties authority did conveene and is fully constitute in all the members thereof according to the Word of God and discipline of this church in the presence and audience of his Majesties Commissioner who hath really acknowledged the same by assisting therein seven dayes and exhibition of His Majesties Royall Declaration to be registrate in the Bookes of this Assemblie which accordingly is done 2. For the reasons contained in the former Protestations made in name of the Noblemen Barons Burgesses Ministers and Commons whereunto We doe now iudicially adhere as also unto the Confession of Faith covenant subscribed sworn by the Body of this Kingdome 3. Because as We are obliged by the application and explication subioyned necessarily to the Confession of Faith subscribed by Vs So the Kings Maiestie and his Commissioner and Privie Councell have urged many of this Kingdome to subscribe the Confession of Faith made in an 1580. and 1590. and so to returne to the doctrine and discipline of this Church as it was then professed But it is cleare by the doctrine and discipline of this Church contained in the book of Policie then registrate in the books of Assemblie subscribed by the Presbyteries of this Church That it was most unlawfull in it selfe and preiudiciall to these priviledges which Christ in his Word hath left to his Church to dissolve or breake up the Assemblie of this Church or to stop and stay their proceedings in constitution of Acts for the welfare of the Church or execution of discipline against offenders and so to make it appeare that Religion and Church-government should depend absolutely upon the pleasure of the Prince 4. Because there is no ground of pretence either by Act of Assemblie or Parliament or any preceding practice whereby the Kings Maiestie may lawfully dissolve the Generall Assemblie of the Church of Scotland far lesse His Maiesties Commissioner who by his commission hath power to indict and keep it secundùm legem praxim But upon the contrarie His Maiesties prerogative Royall is declared by Act of Parliament to be no wayes preiudiciall to the priviledges and liberties which God hath granted to the spirituall office-bearers and meetings of this Church which are most frequently ratified in Parliaments and especially in the last Parliament holden by His Maiestie himself which priviledges and liberties of the Church his Maiestie will never diminish or infringe being bound to maintain the same in integritie by solemn oath given at his Royal Coronation in this Kingdome 5. The Assemblies of this Church have still inioyed this freedome of uninterrupted sitting without or notwithstanding any contramand as is evident by all the Records thereof and in speciall by the generall Assembly holden in anno 1582. which being charged with letters of Horning by the Kings Majestie his Commissioner and Councell to stay their processe against Master Robert Montgomerie pretended Bishop of Glasgow or otherwise to dissolve and rise did notwithstanding shew their liberty and freedome by continuing and sitting still and without any stay going on in that processe against the said Master Robert to the finall end thereof And thereafter by letter to his Majestie did shew clearly how far his Majestie had been uninformed and upon misinformation prejudged the prerogative of Jesus Christ and the liberties of this Church and did inact and ordain that none should procure any such warrant or charge under the pain of excommunication 6. Because now to dissolve after so many supplications and complaints after so many reiterared promises after our long attendance and expectation after so many references of processes from Presbyteries after the publick indiction of the Assemblie and the solemn Fast appointed for the same after frequent Convention formall
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-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-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-Service-book authorized by Us for
consciences will not suffer us to imbrace and practise this urged Service VVe have this long time past winked at some former alterations being put in hope that no further novations should follow But now we being oppressed with our just feares to see our selves deprived of that libertie in serving God which ever hath beene approved by Church and Kingdome In place whereof we are now like to be constrained to imbrace another which hath neither been agitated nor received either by generall Assemblie or Parliament In such extremitie we are most humbly to supplicate your Lordship to consider our present estate and that this businesse is a matter of so great weight and consequence as should not appeare to bee a needlesse noyse of simple women but it is the absolute desire of all our hearts for preservation of true Religion amongst us which is dearer to us then either estate or life And therefore we do humbly crave that as the rest of the Kingdome so we may have a time to advise and that your Lordship may find out some way whereby wee may be delivered from the feare of this and all other innovations of this kinde and have the happinesse to injoy the true Religion as it hath beene by the great mercie of God reformed in this land and authorised by his Majestie who may long and prosperously Reigne over us And your Lordships answer Their Petition to the Councell followes My Lords of Secret Councell UNto your Lordships humbly shews VVe Noblemen Barons Ministers Burgesses and Commons That whereas we were in humble and quiet manner attending a gracious answer of our former supplications against the Service Book imposed upon us and readie to shew the great inconveniences which upon the introduction thereof must ensue we are without any knowne desert farre by our expectation surprised and charged by publike Proclamation to depart out of the town within twentie foure houres thereafter under paine of Rebellion by which peremptorie and unusuall charge our feares of a more severe and strict course of proceeding are augmented and course of our supplication interrupted wherefore we are constrained out of the deep griefe of our hearts humbly to remonstrate that whereas the Arch-bishops and Bishops of this Realme being intrusted by his Majestie with the government of the affaires of the Church of Scotland have drawne up and set forth and caused to be drawne up and set forth and injoyned upon the subjects two Books In the one whereof called the Book of Common prayer not onely are sowne the seeds of divers Superstitions Idolatrie and false doctrine contrarie to the true Religion established within this Realme by divers Acts of Parliament But also the Service Booke of England is abused especially in the matter of Communion by additions subtractions interchanging of words and sentences falsifying of titles and misplacing of Collects to the disadvantage of Reformation as the Romish Masse is in the more substantiall points made up therein as we offer to instruct in time and place convenient quite contrarie unto and for reversing the gracious intention of the blessed Reformers of Religion in England In the other book called Canons and Constitutions for the government of the Church of Scotland they have ordained That whosoever shall affirme that the forme of worship inserted in the Booke of Common Prayer and Administration of the Sacraments whereof heretofore and now we most justly complaine doth containe any thing repugnant to the Scriptures or are corrupt superstitious or unlawfull in the service and worship of God shall be excommunicated and not be restored but by the Bishop of the place or Archbishop of the Province after his repentance and publicke revocation of this his wicked errour Besides one hundred Canons moe many of them tending to the reviving and fostering of abolished superstitions and errours and to the overthrow of our Church Discipline established by Acts of Parliament opening a doore for what further invention of Religion they please to make and stopping the way which Law before did allow unto us for suppressing of errour and superstition And ordaining That where in any of the Canons there is no penalty expresly set down the punishment shall be arbitrary as the Bishop shall think fittest All which Canons were never seen nor allowed in any Generall Assembly but are imposed contrary to order of law appointed in this Realm for establishing Constitutions Ecclesiasticall unto which two books the foresaid Prelates have under trust procured his Majesties Royall hand and Letters Patents for pressing the same upon his loyall subjects and are the Contrivers and Devisers of the same as doth clearly appear by the Frontispice of the Book of Common Prayer and have begun to urge the acceptance of the same not onely by injunctions given in Provinciall Assemblies but also by open Proclamation and charge of Horning whereby we are driven in such straites as we must either by Processe of Excommunication and Horning suffer the ruine of our estates and fortunes or else by breach of our Covenant with God and forsaking the way of true Religion fall under the wrath of God which unto us is more grievous then death VVherefore we being perswaded that these their proceedings are contrary to our gracious Soveraign hispious intention who out of his zeale and Princely care of the preservation of true Religion established in this his ancient Kingdome hath ratified the same in his Highnesse Parliament 1633 And so his Majestie to be highly wronged by the said Prelates who have so farre abused their credit with so good a King as thus to insnare his subjects rend our Church undermine Religion in Doctrine Sacraments and Discipline move discontent between the King and his subjects and discord between subject and subject contrary to severall Acts of Parliament VVe out of bound duty to God our King and native Countrey complain of the foresaid Prelates humbly craving that this matter may be put to tryall and these our parties taken order with according to the lawes of the Realm And that they be not suffered to sit any more as Judges untill the cause be tryed and decided according to Justice And if this shall seeme to bee to you a matter of higher importance then you will condescend unto before his Majesty bee acquainted therewith Then wee humbly supplicate that this our grievance and complaint may be fully represented to his Majestie That from the influence of his Gracious Soveraigntie and Justice these wrongs may bee redressed and wee have the happinesse to injoy the Religion as it hath beene reformed in this Land IN this Petition it is worthy the observing that they complaine of the mangling of the English Service Booke and of the abuses offered unto it and the wronging of the intentions of the blessed Reformers of Religion here in this Kingdome whereas in their Sermons and ordinarie discourse they doe usually inveigh against the Service Booke here for being stuffed with Superstition and Poperie and that the first Reformers
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
his subjects is not only the Jesuiticall tenet but their very words and syllables and as they are alledged here very false for the greatest part of this confession conteyneth not matters of faith but of government discipline and ceremonies besides this confession was first injoyned by Our Royall Father and his Councell before it was approved by the Church how then Our Royall father if hee were now living should receive the meaning of it from the Church after hee had subscribed it and commaunded his houshould to doe so or we should now receive the meaning of it from the generall Assembly after it was subscribed by Our commaundement wee cannot apprehend * Nay the first should be preferred for if our Commissioner and Councell had explained it contrarie to Our meaning Our declaration comming after should be preferred to their misinterpretation Answer to the first reason * The last part of the first reason is quite omitted though in it lyeth the principall explicatiō of this first reason * How many of them have determined so they know that they are not cōparable in number to those who have determined the contrarie * Most false Answer to the second reason * Because in the XXI Article cited the word Ceremonie is used therefore they would inferre that this reason supposeth Episcopall government to be but a ceremonie But weakly for the reason consisteth in the word policie which they take no notice of and Episcopall government being a part of Ecclesiasticall policie they hold the one alterable as all they doe who adhere to that XXI article must needs hold the other so too nor can it be inferred from any thing in this reason that Episcopall government is mainteyned by it to be alterable but that they themselves and that XXI article doe hold it to be so * The Assembly desired it but did ever Our Royall Father doe so Answer to the third reason * We defie any man living to produce from any Jesuit or the greatest patron of equivocation yet ever heard of such a wicked position as this that the swearer is neither bound to the meaning of the exacter of the oath nor to his own meaning who takes the oath but to the realitie of the thing sworne as it shall be afterward explicated by the competent Judge For then no man can tell what he sweareth when he sweareth if the declaration of the competent Judge shall come after it were to be wished that he who set downe this proposition had set his hand to it that the world might take notice of him for an ignorant foole and an arrand knave In the meane time till Iohnston finde out another he must be taken for the man because his hand is at this foolish Pamphlet Answer to the fourth reason * This is directly contrary to the words of their owne protestation against Our Proclamation dated the ninth of September see their ninth Reason in that Protestation against the subscription to our Covenant and you shall finde it flatly contradictory to this which they affirme now * They doe not meddle with the Church of England but yet in all their Writings declare that the government of the Church of England is against the Word of God and the paterne shewed in the Mount and that their new fancied government conteined in their imaginarie books of discipline is onely according unto it Answer to the fifth reason * But it is most notorious that at those Parliaments which were holden when the confession of faith was first sworne unto Bishops had voyces and were present and so then Episcopall government could not be abjured for proofe whereof We refer the reader to the Parliament Roll inserted at the end of this answer * Let any kingdome which is acquainted with Parliaments consisting of a Monarche and his three estates digest this proposition and then the Parliament can be no more the highest Court of the Kingdome * A most false position As if the convocation in England or the generall Assembly in Scotland had power to reconcile the two kingdomes to the Church of Rome to reduce Poperie into them and to restore to the Church all the Abbey lands notwithstanding many Acts of Parliaments in both kingdomes to the contrary Conclusion Anent acts of Parliament * For the cavils here made against the Acts of Parliament cited in the explanation they will be sufficiently confuted if the reader will take the paines to reade the acts for then he shall easily discover that these exceptions are not only weak but none at all Answer to the acts 1567. Anent the sixth act 1567 Anent the Kings oath Anent the acts 1572. 1573. Anent the acts 1578. 1579 Anent the act 1581. Anent the act 1584. and the third Estate of Parliament Anent the act 1587. Anent the act 1592. Anent the acts 1597. Anent the act 1606. Anent the act 1609. Anent the act 1617. Conclusion * False for there was not after Our Commissioners leaving of the Assemblie any one Commissioner from any Universitie of that Kingdome which did not desert it * False * More false then the other if it were possible * False and sufficiently before disproved * It is a wonder that men can be found who dare averre such an untruth when the Proclamation at Glasgow is subscribed by the hands of our Councellours let the Reader turne back to it and be judge Anent our Protestation Anent our watching the Castle of Edinburgh * They confesse it within eight lines after this * True but We and Our Councell and Our Judges and the rest of Our loyall subjects are the publike mutiners and rebels are but a private and schismaticall part though never so many * But not without or against the Kings command his Generall much lesse any Lievtenant of his cannot do that * All this which followeth concerning the guarding of Our Castles and Forts and keeping Us out of them containeth no lesse then treason and is not to be answered with a pen. * Which the Covenanters are not * Whether should the King or his subjects keep the keyes of his owne Kingdome * But the Covenanters are the worst part * Wee do not take them to be such fooles as to expect thanks from Us for their proceedings if they do they are like enough to go without them * The worst and most disloyall part of all Our subjects * In what historie be these words is it not Regi as well as conventui ordinum or can there bee a convention of the three Estates called without the King or his Authoritie Anent our meeting and alledged Councell Tables * Many letters have been sent down from Commissioners of Shires then resident at Edinburgh to them living in the Countrie requiring them to doe such things as they would answer the contrary to the Table †But was ever that previous meeting or contention of the Estates without the calling and authoritie of the King * Most false Anent some
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
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-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-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
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
of this Church never departed fully from Rome And in this last Petition they begin to make their grievances swell adding their dislike of the Booke of Canons to their former distaste of the Service Book the occasion of Our authorising of which Booke of Canons was this As Wee were desirous to settle one uniforme forme of publike Prayer and Divine Service throughout that Our Kingdom and for that purpose authorized the Service Book so We conceived that it was not only expedient but necessary that there should be one uniforme forme of Church government throughout the same and because there was no booke extant containing any rules of such governement so that neither the Clergie nor Laity had any certaine rule either of the ones power or of the others practise and obedience and considering that the Acts of their generall Assemblies were but written and not printed and so large and voluminous as it is impossible that so many copies of them should be transcribed as that they may come to the use and knowledge of many and so Apocryphall as that few or none of themselves can tell which of them are authenticall and so unsafely and uncertainely kept that they do not know whither to addresse themselves for finding of them Wee could not imagine but that it should have beene acknowledged and received with all thankfulnesse that We had reduced their numerous Acts and those not knowne to them to such a paucitie of Canons and those published that none could be insnared through ignorance nor complaine that they were over-charged with the multiplicitie of them For it may be averred with unquestionable certaintie that not one in that Our Kingdome did either live under the obedience of the Acts of the generall Assemblies or did know what they were or where certainely to have them And yet these men have interpreted Our furthering their knowledge and facilitating and conveniencing their obedience for one of the most grievous burthens was ever laid upon them But no wonder it is if when mens minds are once out of taste with government nothing tending to order relisheth well with them Their petition was sent up to Us by Our Councell But Wee seeing no signe of repentance for or disavowing of their late tumults untill some order might be taken for the finding out and punishment of the authors of them resolved to delay the answering of their petition but in the meane time commanded Our Councell to signifie to all Our good subjects Our aversnesse from Poperie and detestation of Superstition the contrarie suggestions whereof We found the heads of this Rebellion had used for abusing of Our loyall subjects and so accordingly Our Councell caused a Proclamation to be made at Lithgow which was this Apud Linlithgow septimo Decemb. 1637. FOr as much as the Kings Majestie having seene the Petition presented to the Lords of his Majesties privie Councell and by them sent up to his Majestie concerning the Service Book determined to have taken the same into his Royall consideration and to have given his gracious answer thereanent with all conveniencie Like as his Majestie by his letters to his Councell of the date of the ninth of October last did signifie his gracious resolution to the effect aforesaid But since that time his Majestie finding farre contrarie to his expectation that such disorderly tumultuous and barbarous insolenceis have beene committed within the Citie of Edinburgh upon the eighteenth of October last to the great contempt of his Majesties Royall authoritie by abusing his Majesties Councellors and Officers of State with others bearing charge and authoritie under his Majestie within the said Citie His Majestie in a just resentment of that foule indignitie wherein his Majesties Honour did so much suffer hath beene mooved to delay the signification of his Majesties gracious intention in giving to his subjects such satisfactorie answers to their Petitions as in equitie might have been expected from so just and religious a Prince But yet his Majestie being unwilling that his Loyall and faithfull subjects should be possessed with groundlesse and uncessarie doubts and feares His Majestie is pleased out of his goodnesse to declare like as by these presents hee declareth That as he abhorreth all Superstition of Poperie so he will be most carefull that nothing be allowed within his Majesties Dominions but that which shall tend to the advancement of the true Religion as it is presently professed within his most ancient Kingdome of Scotland And that nothing is or was intended to be done therein against the laudable lawes of this his Majesties native Kingdome And ordaineth publication to bee made hereof in forme as a foresaid AT this time We sent into Scotland the Earle of Roxburgh Lord privie Seale with certaine instructions to Our Councell for ordering these disordered affaires according to which they appointed the Councell to sit at Dalkeith being not above foure miles from Edinburgh that so they might the more easily know what passed in that place now become the seat of the Rebellion and they removed the Session or Terme from Lithgow to Sterlin a place of 24. miles distance from Edinburgh that so the huge disorderly multitudes there assembled might be dispersed by the necessitie of the attendance of such as had any Law-businesse At the same time the Earle of Traquair Lord Treasurer of that Kingdome whom Wee had sent for hither was returned back with directions from Us He with Our Lord privie Seale other principall Councellers repaired to Sterlin where by Our commandement they caused a Proclamation to be made for the dispersing of the huge and dangerous multitudes there assembled and the assuring of Our subjects of Our sinceritie towards the Religion established in that Our Kingdom And there first the Nobilitie Gentrie Ministers and Burgesses did the same thing which they themselves called the uproare of Rascalls at the first reading of the Service Book in the Churches of Edinburgh and which they condemned but in milder tearmes by the name of an unjustifiable act in that great sedition at Edinburgh on the eighteenth of October 1637 For by them first at Sterlin then at Lithgow and last at Edinburgh was made the first avowed affront to Us Our authoritie and Lawes For at Sterlin Our Proclamation being made the Earle of Hume and the Lord Lindsey assisted with many others of all ranks made a Protestation against the same which Protestation was afterward repeated at Lithgow and last at Edinburgh where when upon the Crosse Our Proclamation was made by Our Officers with sound of Trumpets and assisted with Our Heralds with Our coats of Armes upon their backs it was received while it was in reading with jeering and laughing and after it was ended with a Protestation against it made by many Earles Lords Ministers and Burgesses and the conflux of all other sorts of people who were all of them so malapert as not to suffer Our Heralds and Officers to come off the Crosse but forced them to stay and heare
would expect his returne and Our answer by that time he would doe both These holy men resolve to expect that time before any election shall be actually made but give order that it shall be made the next day after before it could be knowne in most parts of the kingdome whether he were returned or in any part of the kingdome or by any person of the kingdome what answer he had returned from Us The insinceritie of which proceedings condemned by many Covenanting Ministers at their meeting at Edinburgh for a most desperate equivocation We are confident every man will detest especially in those men who boast themselves to be the onely sincere Professours of these times Besides Our Commissioner found that these men who would not so much as hear him speak of any precedent conference of any thing concerning the Assembly nor of any directions to be agreed upon for the more orderly proceeding in it but cried out against them as unsufferable prelimitations and prejudgings of the liberties of Christ and his Church had in the time of his absence at their Tables agreeed upon certaine directions comprehended in eight Articles which they had dispersed through the whole kingdome and commanded to be observed by the severall Presbyteries thereof in their elections the true copie whereof here followeth A direction for Presbyteries THat every Presbyterie have a copie of the Act made at Dundie the seventh of March 1597. concerning the number of Commissioners the tenour whereof followeth Because there hath beene no order hitherto anent the number of Commissioners to be directed from everie Presbyterie to the Generall Assemblie therefore it is statuted and ordained that in all time comming three of the wisest and gravest of the Brethren shall be directed from everie Presbyterie at the most as Commissioners to everie Assemblie and that none presume to come without Commission And likewise that one bee directed from everie Presbyterie in name of the Barons and one out of everie Burgh except Edinburgh which shall have power to direct two Commissioners to the Generall Assemblie That everie Presbyterie have a copie of the Commission to be given to the Commissioners the tenour thereof followes T.T. the day of The which day after calling upon the name of God We the members of the Presbyterie of having diligently considered the manifold corruptions innovations and disorders disturbing our peace and tending to the overthrow of our Religion and Liberties of the reformed Church within this Realme which hath come to passe especially through the want of the necessarie remedie of Generall Assemblies as well ordinarie as pro re nata injoyed by this Church for many yeares and ratified by Act of Parliament And now expecting shortly by the mercie of God the benefit of a free Generall Assemblie do by these presents nominate and appoint Minister of as also in name of the Burrowes conjunctly and severally our lawfull Commissioners giving and granting unto them our full power Commission and expresse charge to repaire to the said Assemblie at the day and place when and where it shall happen to sit in any safe and commodious place within this Kingdome and there with the rest who shall be authorised with lawfull Commission in our name to propone treat reason vote and conclude according to the word of God and confession of faith approved by sundrie Generall Assemblies and received throughout the whole Kingdome in all Ecclesiasticall matters competent to a free Generall Assemblie and tending to the advancement of the Kingdome of Christ and the good of Religion as they will answer to God and his Church thereupon and to report to us their diligence therein In testification of this our Commission and charge we have subscribed these presents with our hands and which they have accepted with the lifting up of their hands That everie Church Session send one of the most qualified Elders unto the Presbyterie the day of chusing Commissioners to the Generall Assemblie That by common consent of the Ministers and those Elders present in the Presbyterie there may bee chosen both the Commissioners for the Ministers and also some well affected and qualified Nobleman or speciall Gentleman being an Elder of some particular Church Session within that Presbyterie in name of the Barons For this is the constitution of the Presbyteries otherwise called Elderships appointed by the Church in the books of discipline Acts of the Generall Assemblie practised for many yeares after the reformation and ratified in the Parliament the twelfth of King James the 6. and never since altered nor rescinded neither can be with reason altered seeing that same is the constitution of the supreme and Generall Assemblies and of the inferiour and Church Sessions as is at more length cleared by some reasons That such as are erroneous in doctrine or scandalous in life be presently processed that they be not chosen Commissioners and if they shall happen to be chosen by the greater part that all the best affected both Ministers and Elders protest and come to the Assemblie to testifie the same To send to everie Presbyterie a copie of the printed reasons for an Assemblie That Moderators by vertue of their office bee not Commissioners to the Assemblie except they be chosen That the Presbyteries in one of the ordinarie meetings appoint to conveene solemnely after the twentieth of September either upon the 21.22.23.24 or 25. for chusing of their Commissioners to the Assemblie and for to send them hither to Edinburgh before the first of October or so soone as they can that with common consent they may receive the Kings last answer and advise upon the next lawfull remedies in their extreme necessities of Church and State That in the Fast to bee observed on the sixteenth day of September the second day preceding their election they may crave Gods direction therein TO these eight Articles they joyned by way of information a verie impertinent long and tedious discourse of Ruling Elders too long and too simple to be here inserted which was added no doubt onely to perswade the Ministers to admit Lay-men to have voyces in their Presbyteries at the election of the Ministers who were to be Commissioners for the Assemblie or in case of their refusall to perswade the Lay-men to put themselves in possession and give their voyces in these elections whether the Ministers would or no as shall appeare afterwards both by that intrusion which these Lay Elders used in many Presbyteries where the Ministers refused to admit them and by some of the Tables more private instructions by which they were ordered so to do Now We desire the Reader to consider whether the conference which Our Commissioner desired for debating of what members the Assemblie was to be constituted and the matters which were principally to be discussed there with so much bitternes exclaimed against by them could in any construction or sense be taken for such a prelimitation of the Assemblie either in the members matter or manner of it as
the application therof alreadie sworn by us for the Reasons above expressed And because as we did in our former Protestation appeale from the Lords of his Majesties Councell so do we now by these renew our solemne appeale with all solemnities requisite unto the next free Generall Assemblie and Parliament as the onely supreme nationall Judicatories competent to judge of nationall causes and proceedings Sixthly We protest That no subscription whether by the Lords of Councell or others of the Confession mentioned in the Proclamation and enjoyned for the maintenance of Religion as it is now already or at this present time established and professed within this Kingdome without any innovation of Religion or Law be any manner of way prejudiciall to our Covenant wherein we have sworne to forbeare the practice of Novations alreadie introduced c. till they be tried in a free Assemblie And to labour by all lawfull meanes to recover the puritie and libertie of the Gospel as it was established and professed before the foresaid Innovations And in like manner that no subscription foresaid be any derogation to the true and sound meaning of our worthie predecessours at the time of their subscription in the year 1581. and afterward Withall warning and exhorting all men who lay to heart the cause of Religion against the corruptions of the time the present estate of things both to subscribe the Covenant as it hath bin explained and necessarily applied and as they love the puritie and libertie of the Gospel to hold back their hands from all other Covenants till the Assembly now indicted be conveened and determine the present differences and divisions and preserve this country from contrarie oathes Seventhly As his Majesties royall clemencie appeareth in forgiving and forgetting what his Majestie conceiveth to be a disorder or done amisse in the proceeding of any so are we very confident of his Majesties approbation to the integrity of our hearts and peaceablenesse of our wayes and actions all this time past And therfore We protest that we still adhere to our former complaints protestations lawfull meetings proceedings mutuall defences c. All which as they have been in themselves lawfull so were they to us pressed with so many grievances in his Majesties absence from this native kingdome most necessary and ought to be regarded as good offices and pertinent duties of faithfull Christians loyall subjects and sensible members of this Kirk and Commonwealth as we trust at all occasions to make manifest to all good men especially to his sacred Majestie for whose long and prosperous government that we may live a peaceable and quiet life in all godlinesse and honestie We earnestly pray WHereupon a noble Earle James Earle of Montrose c. in name of the Noblemen M. Alexander Gibson younger of Durie in name of the Barons George Porterfield Merchant Burgesse of Glasgow in name of the Burrowes M. Harie Rollock Minister at Edinburgh in name of the Ministers and M. Archbald Johnston Reader hereof in name of all who adhere to the Confession of Faith and Covenant lately renewed within this Kingdome tooke instruments in the hands of three Notars present at the said Mercate Crosse of Edinburgh being invironed with great numbers of the foresaid Noblemen Barons Gentlemen Burrows Ministers and Commons before many hundred witnesses and craved the extract thereof And in token of their dutifull respect to his Majestie confidence of the equitie of their cause and innocencie of their carriage and hope of his Majesties gracious acceptance they offered in all humilitie with submisse reverence a copie thereof to the Herauld ANd now for triall of what Wee have said the Reader may reflect upon these particulars Not farre from the beginning they averre that they did confidently expect from Us a free Generall Assemblie and Parliament to be indicted and that Our Commissioner promised to recommend unto Us this their suit for a free Generall Assemblie without prelimitation either in the constitution and members thereof in the order and manner of proceeding or in the matters to bee treated of and do insinuate as if Wee had not given order for any such Assemblie in Our Declaration which everie Reader looking upon Our Declaration may see to be most untrue for in it We give warrant to Our Commissioner to indict a free Generall Assemblie nor is there there either mention or meaning of any prelimitation though they themselves did use verie many some whereof you have heard alreadie and shall heare of more hereafter Afterwards they quarrell with Our Declaration for ascribing all the late distractions of this Church and Common-wealth to their conceived feares of the Innovation of Religion and Lawes and not to the Innovations themselves No doubt a great crime that We will not acknowledge that the Service Book which was penned at first by those who laid downe their lives in opposition to Poperie is an introduction to Poperie and We do professe that We did discharge that Book onely to remove their feares and doubts and ease their pretended grievances nor can Wee condemne that Book without condemning the Service Book of England for the Covenanters arguments strike alike at both Then immediatly after They take it ill that though We have discharged the practice of these pretended Innovations and voided all Acts made for the establishing of them yet We have not rescinded Our former Proclamations at Sterling and Edinburgh As if nothing could content them unlesse Wee should disgrace Our owne Proclamations which did not any way establish or authorize the things complained of nay more unlesse We will call back Our own words which cannot be interpreted to any such sense as they would force upon them they would make Our people beleeve that the libertie of the generall Assemblie is prejudged in a suspicious undutifull and dangerous phrase tell them That they do not consider with whom they are dealing as if no trust were to be given to Us Next they quarrell with Our discharging of the practice of the Articles of Perth but not the Articles themselves which are established by acts both of Parliament and Generall Assemblie and yet Wee dare say that they would hold it for a strange position if We should use Our Prerogative to the disanulling of any thing established by these two Judicatories nay if We and the Parliament joyntly should as the world goeth now offer to disanull any act of their Generall Assemblie so glad they are to quarrell with Our Declaration that in their eagernesse they destroy their owne grounds Their next cavill if it were possible is as senslesse as the former whereby they averre that Our naming of Bishops in Our Proclamation for the indiction of the Assemblie is a prelimitation of it because thereby We take it as granted that the office of a Bishop is unquestionably an office in that Church and Kingdome and this they call a great prelimitation put upon the Assemblie but with what shew of consequence We cannot possibly conceive
their owne Covenant The Assembly being indicted the Covenanters did now goe about to effect all which they had plotted and designed concerning the election of the Commissioners to it That all and none but they might be chosen whom they had resolved upon and were of the most rigid ranke whom they were sure would receive no satisfaction and keep all others so farre as in them lay from accepting of any Their device was this They perceived that most of the Ministers throughout the Kingdome would gladly embrace peace if they might see their consciences satisfied in these feares and doubts upon which they entred into the late Covenant The Leaders resolved not to trust any such moderate men considering that all their scruples were removed by Our last Declaration and the indiction of a free generall Assembly and therefore they took order by their secret instructions that none of them should be chosen though they were Covenanters For Ministers non-Covenanters they took order that if in any place by pluralitie of voices such a one should bee chosen then hee should be processed and protested against which no man could avoid and so he should be sure to be set by at the Assembly and cast from having any voice there And whereas they might feare that the rigid Ministers designed by them for this Assembly might want a sufficient number of their fellow-Ministers for their elections in their severall Presbyteries they tooke an order That not onely for this time but for all times to come there should bee no Minister chosen Commissioner from any Presbyterie to any Assembly but such as the Laitie should make choice of For they presently gave order from their Tables That every particular Parish should send to the Presbyterie in their bounds one Lay-man whom they called a Ruling Elder who by their appointment should have voice in the Presbytery as wel as the Minister of the Parish so that when the whole Presbyterie was assembled together the number of the Lay-men was at the least equall to the number of the Ministers By which new device the Laitie gained of the Ministers undoubtedly these foure things First That never any Minister should bee chosen Commissioner to the Assembly but whom they would for they being equall in number in voices with the Ministers and sixe of the Ministers being to be put in the List and to stand in election out of which sixe three must be chosen and all these sixe must be removed in the time of the election and have no voices themselves in it it is clear that the number of the Lay voices in these elections must needs exceed the number of the Ministers voices at least by sixe Or if in some Presbyteries as We heare was done in some few these sixe Ministers before their removing gave voices to whom they pleased yet no man being able to give a voice to himselfe of necessitie the number of the Lay voices must exceed the number of the Ministers by one Secondly the Laitie gained this That in all other Presbyteriall meetings which are weekly the Ministers should never have a casting voice to determine any thing but what they liked the Lay-men being alwaies at the least equal to them in number Thirdly this they gained That whatsoever should be concluded in a generall Assembly should ever be concluded likewise in a Parliament if Our negative voice did not stop it and Wee heare that they have not spared to give out that they will take from Us and Our Successors that which all Our Predecessours have enjoyed that is a negative voice in Parliament as they have done in Assemblies for as much as lies in them For by their instructions they ordered That where any Nobleman lived in any Presbyterie hee should bee chosen lay-Elder there for the Assembly and all Noblemen are hereditarie members of the Parliament and where there wanted a Nobleman they should chuse some speciall Gentleman who in all probabilitie standeth faire for being chosen one of the Commissioners of the Shire for the Parliament which made the Covenanters stand so importunately for that point viz. to have the Assembly held before the Parliament as making just accompt that all the lay voices in the Assembly were engaged to give their voices to the same conclusions when they should sit in Parliament and so that the Parliament for it Acts should depend upon the generall Assembly and the generall Assembly for the Acts passed there should depend upon them but neither the one nor the other depend upon Us. Fourthly the Laitie gained this That they exempted themselves for ever hereafter from all fears of the power of the Clergie for they being resolved so farre as in them lay to overthrow Episcopall government and yet fearing by so doing to be brought againe under the tyrannie of Presbyteriall government of which they had heard their fathers so grievously complaine they pitched upon this way of equall number of lay-Elders in every Presbyterie being assured thereby to curb their Ministers most of whom had their stipends and rents paid by these lay-Patrons and so now the Laitie made accompt that if in their elections to this Assembly they could compasse these conclusions and resolutions they had brought the Church and Churchmen under for ever These conclusions though effected by the Laitie with violence yet received great resistance by many Ministers in most Presbyteries and in some by all For when these Lay Elders came to sit with them they either refused to admit them or desired time to deliberate how they who being Covenanters and had complained of Innovations could admit of such innovations as those which seemed to threaten the ruine of the Libertie of the Church for these Reasons First because that above these fortie yeares no Lay Elder had sat in their Presbyteries and therefore it was a great Innovation Secondly because at the beginning of the Reformation when there was a kinde of necessitie to require the assistance of Lay-men for the government of the Church Ministers being then so few and scant yet it was provided that they should ever be fewer in number then the Ministers and that therefore this obtruding of themselves in equall number was not onely an Innovation but directly against the book of discipline upon which they did so much ground their proceedings Thirdly that it was a thing never â—eard nor practised before in that Church that Lay-men had voices in the chusing of the Ministers Commissioners for the Assemblie and therefore if they would chuse they desired them to chuse their own Lay Commissioner but for the Ministers Commissoners to leave it to themselves who were better able to discerne of their Ministers abilities since they were weekly conversant with them then they whom they had never seene in their Presbyterie before But all this opposition and arguing was fruitlesse For the Lay Elders according to their secret instructions from the Covenanters Tables which afterward shall be related would not remove but put themselves in possession
of benefices visitation and other points of Ecclesiasticall government without a lawfull warrant from the Church in exercising power to suspend deprive command and inhibite excommunication at their pleasure to fine confine imprison banish Ministers and other professours without the warrant of the lawes of the Countrey appointing their Moderators over Presbyteries and Synods prorogating their Diets staying their proceedings against Papists Sorcerers Adulterers and other grosse offenders by exacting of contributions to such Commissioners as hee pleased to send to Court for his owne and his Colleagues affaires by depriving and ordaining of Ministers not onely without the consent of the Presbyteries and Synods but by ordaining of scandalous and unqualified Ministers and depriving of learned and religious Pastours by ordaining Ministers after a forme not allowed of in this Church by silencing Ministers for not reading the Service Book and Book of Canons by interdicting after a Popish manner the exercises of Morning and Evening prayer in their Churches by releasing of excommunicated Papists by contradicting and crossing the votes of the Presbyteries at their pleasure by their pretended negative vote directly contrary to this caution by enacting decrees of Synods without demanding their votes by changing and falsifying their Acts when most votes had carried the contrary by many wayes have they failed in this caution which are so notorious to the whole Church and to your Wisedomes that wee shall condescend upon the same when we are required Whereas in the seventh caution it was provided That in Presbyteries and in Provinciall and generall Assemblies he shall behave himself in all things as one of the brethren of the Presbyterie and be subject to their censure yet the foresaid Master David Lindsey with his foresaid Colleagues respectivè hath not behaved himselfe as a brother at these meetings he disdaines to sit in Presbyteries or to bee subject to their censures he sitteth and over-ruleth in Provinciall Assemblies rather as a Lord then a Moderatour and in stead of behaving himself as a brother in the generall Assemblie hath by threatning and silencing prejudged the liberties of the lawfull Commissioners when they propounded reasoned or concluded matters conducing to the libertie of the Church he forced them to conclude things contrarie That whereas it was concluded at Mount Rose That none of them who should have vote in Parliament should come Commissioners to the generall Assembly or have vote in it in time to come unlesse they had authority or Commission from their owne Presbyteries for that purpose yet the said Master David Lindsey with his foresaid Colleagues respectivè though they had no authoritie by commission from any Presbyteries have usurped to give votes in the last pretended Assemblies Whereas in the seventh chapter of the book of Policie registrated in the register of the Acts of the Assembly it was concluded That in all Assemblies a Moderatour should be chosen by common consent of the whole brethren assembled together and it hath beene so practised since the beginning of the Reformation till he and his fellowes began to break the Cautions yet the said Master David Lindsey with his foresaid Colleagues respectivè have usurped the place of moderation in the last pretended Assemblies and rather domineered then moderated to bring in novations yea further have directed Mandats from themselves as from the representative Church of Scotland which name and power is only competent to generall Assemblies he hath brought in the practice of many Innovations in the Royall Chappell in the Abbey Church and his pretended Cathedrall he hath laboured not onely to hinder the ordinary meetings of generall Assemblies of this Church by obtaining letters and charge from Authoritie to that purpose but also hath laboured what in him lay to take away from the Church the priviledge of holding general Assemblies yeerly belonging to Her by the Word of God Acts of this Church and lawes of this kingdome Whereas it is provided by another caution That Crimen ambitus shall be a sufficient cause of deprivation of him that shall have vote in Parliament yet the said Master David Lindsey with is foresaid Colleagues respectivè are guilty of the said crime in seeking of the said offices and promising and giving good deeds for them Whereas it was provided by the book of Discipline and acts of the Assemblie Feb. An. 1569. and December 1565. 1567. that marriage should not be solemnized without asking of banes three severall Sabbath daies before yet the said Master David Lindsey and his foresaid Colleagues respectivè have given licence to sundry Ministers to solemnize marriage without asking three severall Sabbaths before upon which have followed divers inconveniences a man hath been married to a woman her husband being alive and they not divorced some have been married to persons with whom they have committed adultery before and some have been married without the consent or knowledge of their parents Whereas by the book of Fasting authorized by the generall Assemblie and prefixed before the Psalmes no set or yeerly Fasts are allowed but disallowed as contrary to the libertie of the Church and to the nature of the exercise a Fast yet the said Master David Lindsey and his foresaid Colleagues respectivè have appointed yeerly Fasts and troubled some godly Professors for not observing the same Whereas the office of a Deacon is set forth in the book of Discipline and book of common order before the Psalmes according to the Word of God to have no medling with the preaching of the Word or the ministration of the Sacraments and by the first Confession of faith ratified in the Acts of Parliament chapter 23. Ministers called unto particular flocks have only power of the Ministration of the Sacraments yet the said Master David Lindsey with his foresaid Colleagues respectivè have given a power to certain Divines whom they make Deacons men not admitted to the calling of the ministerie to administer the Sacrament of Baptisme under the names and titles of preaching Deacons and they refuse to admit diverse men to the calling of the Ministerie before they be admitted to that Order Whereas it is ordained by the booke of Policie and Acts of the Assemblie that no man should receive ordination to the Ministerie without a present admission to a particular flock yet the said Master David Lindsey with his foresaid Colleagues respectivè have separated the Act of Ordination from the act of Admission Whereas according to the established order of the Church and the Acts of the Assemblie the ordination and admission of Ministers should be publick in the presence and with the consent of the Congregation yet the said Master David Lindsey with his foresaid Colleagues respectivè have given ordination to some men in other places not in their own Congregation violently have thrust upon them scandalous Ministers Whereas Ministers who teach erroneous and corrupt doctrine should be censured by the book of Discipline and by the Acts of the Assemblie yet the said Master David Lindsey and
complaint and the Presbyteries reference to the Assemblie and so to admonish the Bishop of that Diocese the delinquent complained upon with the rest of his colleagues to be present at the generall Assemblie to answer to the particular complaint both in the particular and generall Heads thereof given or to be given in and to abide the censure and triall of the Assemblie thereupon And likewise out of Pulpit to admonish all others who have interest either in the pursuing or referring this complaint to be present at the said Assemblie VII That the Presbyterie insert in their Presbyterie-Books the whole tenour of this complaint both in the generall and particular Heads thereof and that they have a care to cause deliver by their ordinarie Beadle to the Bishop of the Diocese a copie thereof and a copie of an Act referring the same to the Assemblie and summon him to compeare before the Assemblie And if he be within the countrey and cannot be personally apprehended to affix a full copie thereof upon each dwelling place and upon the most patent doore of the Cathedrall Church and Episcopall seat VIII That the complainers within the Presbyterie where the Bishop is resident or hath his Cathedrall be carefull to keep correspondence with those in other Presbyteries within their Diocese who best can specifie and verifie their Bishops usurpation and transgressions and who had particular Articles to gather particular Declarations and Informations of the same IX That some of these complainers in their owne name and with Warrant and power from the rest without failing attend the Assemblie with the generall complaint and particular verifications and specifications of the same X. That in case the Presbyterie where the Bishop hath his residence or where he hath his Cathedrall and Episcopall seat refuse to receive this complaint or referre the same to the Assemblie or to admonish or cyte the Bishop delinquent before the Assemblie to answer to the complaint that the Gentlemen and others who are complainers to the Presbyteries upon their refusall take instrument in the hands of the Clerk of the Presbyterie or any Notarie and protest that their refusall of the ordinarie care of Justice procured without doubt by the Bishop of that Diocese delinquent complained of the equivalent of Law and Reason be a formall cytation of him Which Protestation they may affix upon the dwelling house of the said Bishop or upon his Cathedrall Church or the prime Church within the Presbyterie And that they may deale with any other Presbyterie within the Diocese who is better disposed and upon their receit of the complaint will referre the same to the Assemblie and cyte the Bishop in manner above expressed to compeare before the said Assemblie XI Item perhaps some Minister within the Presbyterie may thinke some Heads of this Complaint not to be relevant in his Opinion or know the Bishop not to be guiltie of all the particular Heads contained therein yet hee in Justice cannot refuse to referre the triall of the Relevancie and Probation thereof to the generall Assemblie especially seeing the Relevancie and Probation of moe or fewer Points against the Bishop of the Diocese is sufficient and seeing the subsumption of every particular Head is against the Bishop of the Diocese with his Colleagues XII Item To desire the Presbyterie upon Complaints upon any persons within the same against any scandalous Minister either in Doctrine or Life either to judge the Complaint or referre the same to the triall and censure of the generall Assemblie and so to admonish and cyte the Ministers complained upon to compeare before the generall Assemblie for that end According to which Articles upon Sunday Octob. 28. they caused read the said Libell in all the Churches of Edinburgh notwithstanding my Lord Commissioners command given to the Provost and Bailies to the contrarie except in Holy-rood-house where it was read the next Sunday as it was in other Churches of the Kingdome proceeding herein 1. Against all charitie which doth not behave it selfe unseemely nor delighteth in the discoverie of mens nakednesse nor take up a reproach nor backbite with the tongue much lesse to write a book against a brother 2. Against the order prescribed by the Apostle not to rebuke an Elder but to intreat him as a Father and by the Act of Parliament Jam. 6. par 8. discharging all persons to impugne or to procure the diminution of the authoritie and power of the three Estates or any of them 3. Against all lawfull and formall proceeding especially that prescribed by the Act of generall Assemblie at Perth Martii 1. 1596. whereby it is ordained that all summons containe the speciall cause and crime which the said Libell doth not naming onely generall calumnies reproaches and aspersions without instruction of any particular but leaving these to be filled up by malitious delation after they have defamed their Brethren by publishing this Libell as appeares by the 8. and 11. Articles of the said instructions and against the order prescribed by the Assemblie at Saint Andrewes Aprill 24. 1582. whereby it is enacted that in processe of deprivation of Ministers there be a libelled precept upon fortie dayes warning being within the Realme and threescore dayes being without the Realme to bee directed by the Kirke and such Commissioners thereof as elects and admits the person complained of summoning them to compeare and answer upon the complaint And in case of their absence at the first summons the second to be directed upon the like warning with certification if he faile the Libell shall be admitted to probation and he shall be holden pro confesso Which forme not being kept in a summons inferring the punishment of deprivation the same cannot be sustained by the order of that Assemblie 4. Against common equitie which admits summons onely by the authoritie of that Judge before whom the delinquent is to compeare whereby the summons directed by the authoritie of these pretended Presbyteries cannot sustaine for compearance before the generall Assemblie nor could reference be made from the Presbyterie to the generall Assemblie the parties never being summoned to compeare before the Presbyterie whereby either in presence of the partie or in case of contumacie the complaint might be referred to the Assemblie That there was no cytation before the reference is cleare by the said instructions And what a strange and odious forme it is to insert such a calumnious Libell in the Presbyterie books without cyting of the parties to answer thereto and to cyte Bishops before the generall Assemblie by the said Libell by publishing the same at Churches to which they had no relation and were many miles distant Wee leave it to the judgement of indifferent men 5. Against all decencie and respect due to men of their place the said persons being men of dignitie and some of them of his Majesties most honourable privie Councell and knowne to bee of blamelesse conversation and to have deserved well thus to bee reviled and
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
of your Soveraignes gracious promises let this paper which I deliver to the Clerke to be read witnesse it to you all which I am sure you cannot chuse but receive with all thankfulnesse and dutifull acknowledgement of his Majesties pietie goodnesse and clemencie unlesse all Religion and goodnesse be quite banished out of this Land Here the Clerke publiquely read the paper which followeth THe Kings Majesty being informed that many of his good subjects have apprehended that by the introducing of the Service Booke and Booke of Canons the in-bringing of Poperie and Superstition hath been intended hath been graciously pleased to discharge like as by these he doth discharge the Service Booke and Booke of Canons and the practice of them or either of them And annulleth and rescindeth all Acts of Councell Proclamations and all other Acts and Deeds whatsoever that have been made and published for establishing them or either of them And declareth the same to be null and to have no force nor effect in time comming The Kings Majestie as he conceived for the ease and benefit of his subjects established the high Commission that thereby justice might be ministred and the faults and errours of such persons as are made liable thereto taken order with and punished with the more conveniencie and lesse trouble to the people But finding his gracious intentions therein to be mistaken hath been pleased to discharge like as by these presents he doth discharge the same and all acts and deeds whatsoever made for establishing thereof And the Kings Majestie being informed that the urging of the five Articles of Perthes Assembly hath bred distraction in the Church and State hath been graciously pleased to take the same to his Royall consideration and for the quiet and peace of this Countrie hath not onely dispensed with the practice of the said Articles but also discharged all and whomsoever persons from urging the practice thereof upon either Laicke or Ecclesiasticall person whatsoever And hath freed all his subjects from all censure and paines whether Ecclesiasticall or Secular for not urging practising or obeying them or any of them notwithstanding of any thing contained in the Acts of Parliament or generall Assembly to the contrary And his Majestie is further contented that the Assembly take the same so far into their consideration as to represent it to the next Parliament there to bee ratified as the Estates shall find fitting And because it hath been pretended that oathes have been administred different from that which is conceived in the Acts of Parliament his Majestie is pleased to declare by Me that no other oath shall be required of any Minister at his entry then that which is set downe in the Act of Parliament And that it may appeare how carefull his Majestie is that no corruption or innovation shall creep into this Church neither yet any scandall vice or fault of any person whatsoever censurable or punishable by the Assembly goe unpunished his Majestie is content to declare by Mee and assure all his good people that generall Assemblies shall be kept so oft as the affaires of this Church shall require And that none of Our good subjects may have cause of grievances against the proceedings of the Prelates his Majestie is content that all and every one of the present Bishops and their Successors shall be answerable and accordingly from time to time censurable according to their merits by the generall Assembly And to give all his Majesties good people full assurance that he never intended to admit any alteration or change in the true Religion professed within this Kingdome and that they may bee truly and fully satisfied of the reality of his intentions and integritie of the same his Majestie hath been pleased to require and command all his good subjects to subscribe the confession of faith and band for maintenance thereof and of his Majesties person and authority formerly signed by Our deare Father in anno 1580. and now likewise requireth all those of this present Assembly to subscribe the same And it is his Majesties will that this be inserted and registred in the Bookes of Assembly as a testimony to posteritie not onely of the sinceritie of his intentions to the said true Religion but also of his resolution to maintaine and defend the same and his subjects in the profession thereof Subscribitur HAMILTOUN AFter the reading whereof Our Commissioner went on and added I have you see subscribed that paper with mine owne hand and to make his Majesties Religion Grace Goodnesse and the Zeale which hee hath to settle the peace of this Church and Kingdome knowne to all succeeding generations I doe require that it bee entred into your ordinarie Bookes of Assembly but with this provision That this my assent to the Act of registring this his Majesties Declaration shall be no approbation of the lawfulness of this Assembly or of any other Act made or to be made in it but that all Protestations made or to be made against this Assembly in all other acts and proceedings thereof shall stand in full force and effect And of the delivery of this paper containing his Majesties gracious offers into the hands of the Clerke of the Assembly and of my requiring it to be registred in the Bookes of the same as also of my Protestation against the lawfulnesse of this Assembly in all other Acts I take publique instruments in the hands of the Clerke of Our Soveraigne Lord his Register and require him to make an act thereof Which being done the Moderatour in a short speech acknowledged Our speciall goodnesse in granting the particulars contained in the paper promising it should be registred in the bookes of assembly and desired to goe on with the businesse of the assembly But Our Commissioner told them hee must goe on with them no more for now the sad part was behind viz. That since they had brought Lay-Elders to give voices in this assembly a thing not practised before or at least dis-used so long that no man present had seen it the Ministers sitting here as Commissioners were chosen by Lay-Elders a thing never heard of before in this Church all the persons having voices here were before the elections designed by the Tables at Edinburgh all others by their expresse directions barred these few Commissioners sent hither but not chosen according to their designation were by their cavills made for that purpose set aside and not admitted to have voices the Bishops cyted hither were to bee judged by the very same persons who had pre-judged and condemned them at their Tables hee attested heaven and earth whether this could bee imagined to be any way a free Assembly and therefore called God to witnesse that they themselves were the cause and the only cause why this Assembly could not have that happy issue which We heartily wished and why the Bishops could receive no censure from them in regard of these their sinister proceedings for how could any man expect justice
them containing prelimitations and such as are repugnant not onely to that which they called the freedome but to that which is indeed the freedome of an Assembly Two of these papers were such as they were content should be communicated to all their associates viz. that larger paper sent abroad to all Presbyteries before or about the time of Our indiction of the Assembly and that lesser paper for their meeting first at Edinburgh then at Glasgow some few daies before the Assembly and for chusing of assessors These two papers Our Commissioner delivered not into the assembly because they did publiquely avow them But their other two papers of secret instructions were directed not from the Table publiquely but under-hand from such as were the prime Leaders of the rest The one of them was delivered or sent onely to one Minister of every Presbyterie whom they trusted most and was onely to be communicated to such as hee might be confident of and was quite concealed from the rest of the Ministers although Covenanters The other paper was directed onely to one lay-Elder of every Presbyterie to be communicated as hee should see cause and to be quite concealed from all others These are the two papers which before you heard were delivered by Our Commissioner into the assembly and they did containe directions which being followed as they were did banish all freedome from this assembly as doth appeare before by the reading of the papers themselves The second Some Presbyteries did chuse their Commissioners before the assembly was indicted and therefore those Commissioners could not lawfully have any voice there The third Neither lay-Elder nor Minister chosen Commissioner by lay-Elders could have voice in the assembly because such elections are not warranted by the lawes of that Church and Kingdome nor by the practice and custome of either for even that little which seemeth to make for their lay-Elders is onely to be found in these bookes which they call the bookes of Discipline which were penned by some private men but never confirmed either by Act of Parliament or Act of generall assembly and therefore are of no authoritie And yet in these elections they did transgresse even the rules of these bookes there being more lay-Elders who gave voices at every one of these elections then there were Ministers contrarie to their bookes of Discipline which require that the lay-Elders should alwaies be fewer But say there were an Ecclesiasticall order or law for these lay-Elders yet the interruption of that order for above fortie yeeres maketh so strong a prescription in that Our Kingdome against it as that without a new reviving of that law by some new order from the generall assembly it ought not againe to have been put in practice For if We should put in practice and take the penalties of many dis-used lawes without new intimation of them it would bee thought by Our subjects hard usage The fourth In many Presbyteries these lay-Elders disagreed wholly in their election from chusing those Ministers whom their owne fellow-Ministers did chuse and carried it from them by number of voices although in all reason the Ministers should best know the abilities and fitnesse of their brethren The fifth These men elected as lay-Elders to have voices in this assembly could not be thought able and fit men since they were never Elders before all or most of them being newly chosen some of them were chosen lay-Elders the very day before the election of the Commissioners to the assembly which sheweth plainly they were chosen onely to serve their associates turne The sixth Since the institution of lay-Elders by their own principles is to watch over the manners of that people in that Parish wherein they live how can any man bee chosen a Ruling-Elder from a Presbyterie who is not an inhabitant within any Parish of the precinct of that Presbyterie And yet divers such especially Noblemen were chosen as lay-Elders Commissioners from Presbyteries within the precincts whereof they never were inhabitants against all sense or reason even upon their owne grounds The seventh They can shew neither law nor practice for chusing assessors to the Ruling-Elders without whose consent they were not to give voice to any thing in the assembly The eight The introducing of lay-Elders is a burthen so grievous to the Ministers as that many Presbyteries did protest and supplicate against them and many Presbyteries though they were in a manner forced to yeeld to it then yet did protest against it for the time to come The ninth In the election of Commissioners to this assembly for the most part the fittest men were passed by and few chosen who ever were Commissioners at any assembly before the reason was they conceived that new men would not stand much for their owne libertie in an assembly of the liberties whereof they were utterly ignorant Besides some were chosen who were under the censures of the Church some who were deprived by the Church some who had been expelled out of the Universitie for reading to their Scholars against Monarchicall government some who had been banished out of that Kingdome for their seditious Sermons and behaviour some who for the like offences had been banished out of Ireland some who were then lying under the sentence of excommunication some who then had no ordination or imposition of hands some who had lately been admitted to the Ministerie contrarie to the standing lawes of that Church and Kingdome and all of them were chosen by lay-Elders Now what a scandall were it to the Reformed Churches to allow this to be an assembly which did consist of such members and so irregularly chosen The tenth Divers members of this Assembly even whilst they sate there were Rebels and at Our Horne and so by the lawes of that Our Kingdome uncapable of sitting as Judges in any Judicatorie The eleventh Three oathes were to bee taken by every member of this Assembly the oath to the confession of faith lately renewed by Our commandement the oath of Allegeance the oath of Supremacie any of which three oathes whosoever shall refuse cannot sit as a Judge in any Court of that Kingdome and yet none of all these three oathes were sworne by any member of this Assembly Besides these nullities of this Assembly what indecencie and rudenesse was to be discerned in it not so much as the face of an Ecclesiasticall meeting to bee seen not a gowne worne by any member of it unlesse it were by one or two Ministers who lived in the Towne the appearance in a manner wholly Laicall amongst the members of it were seven Earles ten Lords fortie Gentlemen one and fiftie Burgesses many of them in coloured clothes and swords by their sides all which did give voices not onely in very high points of controversie which We are sure very many of them did not understand but also in the sentences of excommunication pronounced against the Bishops and others Nay and more all things in the Assembly carried by the
an invention of man without the warrand of Gods word tending to the overthrow of the Kirk and puritie of Religion 8. The Prelats themselves will not grant Episcopacie to be reckoned in the orders of ceremonies which cannot bee unchangeably constitute for all ages times and places but are temporall as devised by man and so changeable when they rather foster superstition then edifie the Kirk but herein they will disclaime the benefit of this second reason and undoubtedly affirme that Episcopall government not only may be but should be and was appointed for all ages times places that it is not the devise of man tēporall changeable but deriveth its extraction from divine Apostolick at the least Ecclesiasticall perpetuall and necessar institution as is averred in the first reason and so should ever be unchangeable 9. This Kirk hath ever condemned all such as held the discipline and policie thereof to be indifferent and changeable in particular in An. 1581. which is the year of the subscription of the confession of Faith and book of policie Mr. Robert Montgomery is accused and condemned for that doctrine 10. In the Assembly 1596. upon the Kings Majesties proposition and demand that it might bee lawfull for him to reason or move doubts in any point of the externall policie government or discipline of the Kirk which are not answered affirmative or negative in the Scripture The Assembly concluded that it might bee lawfull for his Majestie or his Commissioner to propone any point to the generall Assembly in matters of externall government alterable according to the circumstances providing it be done in right time and place Animo aedificandi non tentandi But as for the essentiall discipline in the book of Policie The same Assembly desireth the Kings Majestie to declare before his Estates that he never intended to prejudge the same 11. Albeit it were granted that discipline were changeable yet now seeing by the Kings Majesties own consent we have sworn to maintaine the discipline of the Kirk of Scotland as it was 1580. we are obliged strictly interposito juramento to abide by that discipline specificè at least till it be lawfully changed by the Kirk of Scotland in her free generall Assembly which can never be presupponed because in rei veritate the Discipline as well as the doctrine is acknowledged and sworn to as unchangeable wherein we must continue all the dayes of our life and defend the same according to our power under the penaltie of procuring deservedly upon our selves all the curses contained in Gods Word 12. The doctrine of the Kirk of Scotland condemned Episcopall and re-established Presbyteriall government perpetually which we have acknowledged by joyning our selves in the assertory part of our oath unto the Kirk of Scotland in doctrine as well as in discipline and in the promissory part thereof by swearing to continue in the obedience of the Discipline as well as Doctrine to show that Discipline as well as Doctrine is not variable nor so sworn to by us but as an immutable law and constitution which we are obliged to maintain perpetually The third reason is that we who subscribed the Covenant acknowledged that Episcopacy was not abjured thereby which is qualified by two instances First that the Ministers in their answers to the Quaeres of Aberdeine expressed themselves in that sense holding these things for the present not to be abjured but onely to be referred to the tryall of a free generall Assembly Next that it is averred in our last reasons against the subscription urged by his Majestie that this oath required by his Majestie doth oblige the takers of it to maintaine Perth articles and Episcopacie This needeth no answer if the preceding narration and the whole passages of the businesse were considered and known for in the application of our Covenant we did not expresly specificè abjure Episcopacie but onely generally and virtually by abjuring whatsoever was abjured in the Confession 1580. which we found to be a strong band lying upon us to bind us straitly to the obedience of the discipline then established wherein because there had interveined some alterations we permitted justly the tryall thereof to the Kirk whether Episcopacie Perth articles and other innovations were not condemned and abjured by the said oath which now the Assembly after carefull search and examination of the records have clearly found This is the true meaning and substance of the answer made to the Quaeres of Aberdeine and ought also to be the ingenuous meaning of the Councellours who by their act declared they subscribed the Confession 1580. as it was then professed which is consonant to our generall application and which being now declared by their mother Kirk they ought to reverence and obey and not upon light and subtill pretences to neglect and contemne 2. For the second instance It is true that when the Councell was urged to subscribe the Confession 1580. conforme to the warrands bearing that they should maintaine the Religion now presently profest wee justly feared that the same being subscribed in 1638. would comprehend Episcopacie Perth articles and all other corruptions introduced since 1580. And therefore both in our written reasons against that subscription and in our speeches at the Councell table and to sundry Councellours in private we dehorted them upon that reason from that subscription which was the true cause why the Councell being convinced with that reason made their explanatory act declaring that they subscribed the Confession according to the meaning 1580. and as it was then profest for removing of that doubt 3. Albeit by the meaning of the prescriver of an oath the swearer were tacitly bound to maintaine Episcopacie Five Articles of Perth and such-like yet according to the premitted considerations he is more oblished to the realitie rei juratae which is now declared and found to abjure Episcopacie c. Nor to the meaning of the prescriver or his owne either being contrare to the explanation of the soveraigne Judge competent The fourth reason is Syllogistically urged thus It cannot be denied but that oaths ministred unto us must either be refused or else taken according to the known minde professed intention and expresse command of authoritie urging the same But it is notoriously known that his Majestie not onely in his Kingdomes of England and Ireland is a maintainer of Episcopall government but likewise is a defender and mindes to continue a defender thereof in his Kingdome of Scotland And therefore the oath being taken and not refused must be sworn conforme to his Majesties known meaning The minor is confirmed from our own Assertions To this it is answered first that in contradictory oaths the swearer is more obliged to the true meaning of the oath clearly exprest therein then either to his own meaning or any sense of the prescriver being contrary thereunto Especially in this case where there is no new oath which may receive any new
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
use the power God had put in their hands for removing all innovations and setling the purity and peace of this Kirke And seeing in this Proclamation his Majesties declaration is insert ad longum and the Assembly taxed for not being fully satisfied therewith we are enforced to repeat here the reasons which moved the Assembly not to think the same satisfactory in hope that they comming to his Majesties sacred eares may procure the continuance of his benigne favour so acceptable to this Kirke by the indiction of this Assembly and production of the said declaration and obtain his Royall approbation to the whole acts and proceedings of this Assembly which is heartily wished and would replenish the hearts of all good subjects with abundant joy and contentment And first where his Majestie hath discharged the Service Book and Book of Canons and practice of both and all Acts Proclamations and ordinances made for establishing thereof upon information that by the introduction of them the subjects have apprehended the inbringing of Popery superstition to have beene intended Neither the discharge nor the ground thereof are satisfactory Not the first because as some Acts and Proclamations did serve for their establishing so others gave them an high approbation as fit means to maintaine religion and beat down all superstition And therefore though those which established them be rescinded yet those which approved them do remaine and may bring forth other Acts and Proclamations for restoring them or the like hereafter if these books receive not a publick censure by the generall Assembly as the only judge competent to bar them and the like in all time comming Seeing Acts of Councell and Proclamations are frequent and variable and yet are no legall valid meane either to introduce or abolish any thing concerning the doctrine and discipline of the Kirke wherein they neither can meddle nor secure the subjects Next seeing by the constitutions of this Kirke the generall Assembly hath onely power to determine concerning the matters of Gods publick worship And that the framers of these books who called themselves the representative Kirk made them to be practised in sundry places of the countrey by their own authority and that which they borrowed from the Lords of secret Councell Therefore it was most necessarie that the same should be discharged by the generall Assembly the onely true representative Kirk of this nation for vindicating her just right from violent usurpation and preventing the like in time comming Not the second for the subjects have just grounds of perswasion that the Prelats their followers the framers followers of those books intended the inbringing of Popery and superstition by the introducing thereof because 1. Many grosse points of Popery and superstition are not onely closely couched under the cover of ensnaring ambiguities the most insinuating way of errours and best mask to superstition but also expresly contained in the Books themselves as was made manifest by sundry treatises read and considered in the Assembly and is now so declared by the Assembly 2. The framers and favourers of these Books in their sermons and conferences have vented sundry Popish errours and approven Popish superstitions which fully detecteth and leaveth no doubt of their intention in the introducing of Books so full of Popery and superstition Secondly the discharge of the high Commission by his Majesties Proclamation or Declaration cannot be sufficient because first his Majesty declareth that he established the same for the ease and benefit of the Subjects that justice might be administrate with the more conveniencie and lesse trouble of the people And now dischargeth it because the subjects have mistaken his gracious intention So that if the mistaking be removed that which is conceived of it selfe to serve for administration of justice with ease and benefit to the subjects may bee established upon pretention of the removeall of all such mistakings Secondly though the acts and deeds made for establishing thereof bee rescinded yet the acts past heretofore by the high Commission are not rescinded And so the subjects censured by it are still esteemed under these censures as appeareth by the tenour of the Proclamation wherein the Assembly is taxed as consisting of some members that are under the censures of this Kirke meaning the Bishops censure in the high Commission Thirdly it being found contrary to the acts of Parliament and acts of generall Assembly and extremely derogatory to them and all other subalterne iudicatories both civill and Ecclesiasticall which is made clearely manifest by a treatise presented to the generall Assembly and it being devised and brought in by the suggestion of Bishops as a meane whereby they might and have unlawfully tyranized over all the subiects Therefore it is necessary that the Parliament and generall Assembly the highest civill and Ecclesiasticall iudicatories that have been wronged should by their severall sentences utterly abolish it as unlawfull and hurtfull Thirdly whereas his Majesty dispenseth with the practice of Pearth Articles dischargeth all from urging the practice thereof freeth from censures for not urging or practising them notwithstanding of any thing contained in the acts of Parliament or generall Assembly to the contrary and is content that the Assembly take the same so far to their consideration as to represent it to the next Parliament there to be ratified as the Estates shall finde fitting These cannot satisfie because first a dispensation with the practice without a simple discharge leaveth it still arbitrary to those who will practice and so continueth the rent and distractions in this Kirke Secondly although his Maiestie had discharged the practice of them by his Proclamation or Declaration yet the subiects had not been put in security thereby except the generall Assembly to whose tryall they belong and were referred by all the subscribers of the Confession in March doe either repell the articles of Perth or upon good reason declare that Assembly null since his Maiesties Proclamation or Declaration is not a sufficient warrant to infringe an act of Assembly or Parliament made to the contrary Thirdly by tying the Assembly to take the same no further unto their consideration then to represent it to the next Parliament the Assembly is both prelimitate whereanent refers to the six reasons against prelimitation insert in our Protestation September 22. and weakned in power as if it might not judge and determine in matters meerely Ecclesiasticall without a licence from his Majestie or a reference to the Parliament whereas the generall Assembly is supreme and independent in matters Ecclesiasticall as the Parlament is in civill so that when the acts of Assembly are ratified in Parliament the same is for adioyning the civill sanction to the Ecclesiastick constitution for the great terrour of transgressors Fourthly anent the oaths administrate to Ministers at their entry it hath not onely beene pretended but is certaine and will be made manifest to the Assembly which also now is done