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A11752 The protestation of the Generall Assemblie of the Church of Scotland, and of the noblemen, barons, gentlemen, borrowes, ministers and commons; subscribers of the Covenant, lately renewed, made in the high Kirk, and at the Mercate Crosse of Glasgow, the 28, and 29. of November 1638; Protestation. 1638-11-29 Church of Scotland. General Assembly.; Warriston, Archibald Johnston, Lord, 1611-1663. 1638 (1638) STC 22047; ESTC S116929 6,240 16

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our duetie to God and his trueth 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 safetie to our Posteritie Persons and Estates Wee professe with sorrowfull and heavie but loyall hearts That Wee cannot dissolve this Assemblie for the reasons following 1. For the reasons alreadie printed anent the necessitie of conveening a Generall Assemblie which are now more strong in this case seeing the assemblie was alreadie indicted by his Maiesties authoritie 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 Maiesties Commissioner who hath reallie acknowledged the same by assisting therein seven dayes and exhibition of His Maiesties Royall Declaration to bee 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 and covenant subscribed and sworne by the body of this Kingdome 3. Because as Wee are obliged by the application and explication subioyned necessarily to the Confession of Faith subscribed by Us So the Kings Maiestie and his Commissioner and Privie Councell have urged many of this kingdome to subscribe the Confession of Faith made in anno 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 booke of Policie then registrate in the bookes of assemblie and subscribed by the Presbyteries of this church That it was most unlawfull in it self 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 stoppe and stay their proceedings in constitution of acts for the welfare of the church or execution of discipline against offenders and so to make i● 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 preceeding practice whereby the Kings Majestie may lawfully dissolve the Generall Assemblie of the Church of Scotland far lesse His Majesties Commissioner who by his commission hath power to indict and keep it secundùm legem praxim But upon the contrary His Majesties prerogative Royall is declared by Act of Parliament to be nowayes prejudiciall 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 Maiesty will never diminish or infringe being bound to maintaine the same in integritie by solemne oath given at His Royall 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 Maiestie 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 libertie 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 Maiestie 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 ordaine 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 reiterated promises after our long attendance and expectation after so many references of processes from Presbyteries after the publick indiction of the Assemblie and the solemne Fast appointed for the same after frequent convention formall constitution of the Assemblie in all the members thereof a and seven dayes sitting were by this act to offend God contemne the Subjects petitions deceive many of their conceived hopes of redresse of the calamities of the Church and Kingdome multiply the combustions of this Church and make every man despaire heereafter ever to see Religion established Innovations removed the Subjects complaint respected or the offenders punished with consent of authoritie and so by casting the church loose and desolate would abandon both to ruine 7. It is most necessary to continue this Assemblie for preveening the prejudices which may ensue upon the pretence of two Covenants whereas indeed there is but one That first subscribed in 1500. and 1590. being a Nationall covena●● and oath to God which is lately renewed by ●s with that necessary explanation which the corruptions introduced since that time contrary to the same inforced which is also a knowledged by the Act of councell in September last declaring the same to bee subscribed as it was meaned the time of the first subscription And therefore for removing that shame and all preiudices which may follow upon the show of two different covenants and confessions of Faith in one Nation The Assemblie cannot dissolve before it trye finde and determine that both these covenants are but one and the selfe same covenant The latter renewed by Us agreeing to the true genuine sense and meaning of the first as it was subscribed in anno 1580. For these and many other reasons Wee the Members of this assemblie in our owne name and in the name of the Kirk of Scotland whom Wee represent and Wee Noblemen Barons Gentlemen Ministers Burgesses and Commons before mentioned doe solemnely declare in the presence of the everliving God and before all men And protest 1. That our thoughts are not guiltie of any thing which is not incumbent to us as good Christians towardes God and loyall Subjects towardes our sacred Soveraigne 2. That all the Protestations generall or particular proponed or to bee proponed by the commissioner his Grace or the Prelates and their adherents may bee presentlie discussed before this generall Assemblie being the highest Ecclesiasticall iudicatorie of this kingdome and that his Grace depart not till the same be done 3. That the Lord commissioner depart not till this Assemblie do fully settle the solide peace of this church cognoscing and examining the corruptions introduced upon the doctrine and discipline thereof and for attaining hereof and removing all iust exceptions which may bee taken at our proceedings we attest GOD the searcher of all hearts that our intentions and whole proceedings in this present assemblie have beene are and shall be according to the word of GOD the lawes and