all place and function in the same A generall Assembly was condescended to out of his Majesties gracious clemencie and pious disposition as a Royall favour to those that so should acknowledge the same and acquiesce to his gracious pleasure and carry themselves peaceably as loyall and dutifull subjects which the Comissioners directed to this Assembly supposed to be of the number of those that adhere to the last protestation made at Edinburgh Sept. 1638. do not so account of and accept as appeares by the said protestation whereby they protest that it shall be lawfull for them as at other times so at this to assemble themselves notwithstanding any impediment or prorogation to the contrary as also by continuing their meetings and Table discharged by authority refusing to subscribe the band according to his Majesties and Councells command for maintaining his Majesties Royall person and authority protesting against the same still insisting with the liedges to subscribe the band of mutuall defence against all persons whatsoever and remitting nothing of their former proceedings whereby his Majesties wrath was provoked thereby they are become in the same state and condition wherein they were before his Majesties proclamation and pardon and so forfaite the favour of this Assembly and liberty to be members thereof And others of his Majesties subjects may justly feare to meet with them in this convention for that by the Act of Parl. Jam. 6. par 15. cap. 31. Prelacies being declared to be one of the three estates of this kingdome and by the Act of Parl. Ja. 6. par 8. cap. 130. All persons are discharged to impugne the dignity and authority of the three estates or any of them in time coming under the paine of treason And whereas the King by his proclamation declares Archbishops and Bishops to have voyce in the Generall Assembly and calls them to the same for that effect as constantly they have bin in use in all Assemblies where they were present as appeares by many acts of the Generall Assembly ordaining them to keepe and assist at the same as in the Assembly at Edinburgh Decemb. 15. 1566. At Edinburgh 6. March 1572. At Edinburgh May 10. 1586. and by a letter written by the Assembly March 6. 1573. to the Regent earnestly desiring his owne or his Commissioners presence and the Lords of Councell and the Bishops at the Assembly They notwithstanding by the said protestation Sept. 22. declared Archbishops and Bishops to have no warrant for their office in this Kirk to be authorized with no lawfull Commission and to have no place nor voyce in this Assembly and withall doe arrogate to their meetings a soveraigne authority to determine of all questions and doubts that can arise contrary to the freedome of the Assembly whether in constitution and members or in the matters to be treated or in manner and order of proceeding which how it doth stand with his Majesties Supremacie in all causes and over all persons we leave it to that judgement whereunto it belongeth and doe call God and man to witnesse if these be fit members of an Assembly intended for the order and peace of the Church Giving and not granting that the persons foresaid directed Commissioners in name of the Clergie to this meeting were capable of that authority and that the said Presbyteries had the authority to direct Commissioners to the Generall Assembly yet have they now lost and fallen from all such right if any they had in so farre as they have deposed the Moderators who were lawfully appointed to governe them by the Bishops in their Synods and elected others in their place contrary to the Act of the Assembly at Glasgow 1610. and Act of Parl. 1612. ordaining Bishops to be Moderators at these meetings and in their absence the Minister whom the Bishop should appoint at the Synode So these meetings having disclaimed the authority of Bishops deposed their lawfull Moderators and chusing others without authority cannot be esteemed lawfull convocations that can have lawfull power of sending out Commissioners with authority to judge of the affaires of this Church And yet doth the nullity of the Commissions flowing from such meetings further appeare in this that they have associate to themselves a laick ruling Elder as they call them out of every Session and Parish who being ordinarily the lord of the Parish or the man of the greatest authority in the bounds doth over-rule in the election of the said Cōmissioners both by his authority and their number being moe then the Ministers whereof some being ordinarily absent and five or six or so many of them put in list and removed there remaine but a few Ministers to voice to the election and in effect the Commissioners for the Clergie are chosen by lay-men contrary to all order decencie and custome observed in the Christian world no wise according to the custome of this Church which they pretend to follow the Presbyteries formerly never associating to themselves lay-elders in the election of the Commissioners to the Generall Assembly but onely for their assistance in discipline and correction of manners calling for them at such occasions as they stood in need of their Godly Concurrence declaring otherwise their meeting not necessary and providing expressely that they should not be equall but fewer in number then the Pastors as by Act of Assembly at Saint Andrewes April 24. 1582. where Master Andrew Melvill was Moderator doth appeare Like as these fourty yeares by gone and upwards long before the re-establishing of Bishops these lay-elders have not bin called at all to Presbyteries And by the Act at Dundie 1597. whereby it is pretended that Presbyteries have authority to send these lay-Commissioners it doth no wise appeare that those lay-elders had any hand in chusing of the Ministers And this is the onely act of the Assembly authorizing Presbyteries to chuse Commissioners to the Generall Assembly nor have lay-elders sate ordinarily in Presbyteries upon any occasion these fourty yeeres and upwards nor ever had any place nor voyce in the election of Ministers for the Generall Assembly and consequently these chosen by them to this Assembly have no lawfull power nor authority Beside the persons Ecclesiasticall pretended to be authorized Cōmissioners to this Assembly have so behaved themselves that justly they may be thought unworthy and uncapable of Commission to a sree and lawfull Assembly 1. For that by their seditious and railing Sermons and Pamphlets they have wounded the Kings honour and soveraigne authority and animated his liedges to rebellion averring that all authority soveraigne is Orignally in the Collective body derived from thence to the Prince and that not onely in case of negligence it is Suppletivè in the Collective body as being cummunicate from the Commontie to the King Cumulativè not Privativè but also in case of mal-administration to returne to the Collective body so that Rex excidit jure suo and that they may refuse obedience 2. Next they are knowne to be
obedience and suppressing of Popery which in respect either of the number of their professors or boldnesse of their profession was never at so low an ebbe in this Kingdome as before these stirres We protest that seeing these who for scruple of conscience did mislike the Service book Canons and high Cōmission which were apprehended or given forth to be the cause of the troubles of this Church have now received satisfaction and his Majesty is graciously pleased to forget and forgive all offences by past in these stirres that all the subjects of this kingdom may live in peace and Christian love as becometh faithfull subjects and good Christians laying a side all hatred envy and bitternesse And if any shall refuse so to do they may beare the blame and be thought the cause of the troubles that may ensue and the same be not imputed to us or any of us who desire nothing more then to live in peace and concord with all men under his Majesties obedience and who have committed nothing against the Lawes of the Kingdome and Church that may give any man just cause of offence and are so farre from wishing hurt to any man in his person or estate notwithstanding all the indignities and injuries we have suffered that for quenching this present combustion and setling peace in this Church and countrey we could be content after clearing of our innocency of all things wherewith we can be charged not onely to lay downe our Bishopricks at his Majesties feet to be disposed of at his royall pleasure but also if so be it pleased God to lay downe our lives and become a sacrifice for this atonement We protest in the sight of God to whom one day we must give account that we make use of this Declinator and protestation out of the conscience of our duty to God and his Church and not out of feare of any guiltinesse whereof any of us is conscious to himselfe either of wickednesse in our lives or miscarriage in our callings being content every one of us for our owne particular as we have never showen our selves to be otherwise to under goe the lawfull and most exact triall of any competent judicatory within this Kingdome or of his Majesties high Commissioner And we most humbly intreat his Grace to interceed with the Kings Majesty that he may appoint a free and lawfull Generall Assembly such as Gods word the practise of the Primitive Church and laws of the Kingdome do prescribe and allow with all convenient speed to the effect the present distractions of the Church may be setled And if there be any thing to be laid to the charge of any of the Clergie of whatsoever degree either in life and manners or doctrine or exercise of his calling and jurisdiction he may be heard to answere all accusations and abide all triall either for clearing his innocencie or suffering condigne punishment according to his transgressions declining alwaies this Assembly for the causes above written Like as by these presents we and every one of us decline the same the whole members thereof and Commissioners foresaid directed thereto and every one of them We protest that this our protestation in respect of our lawfull absence may be received in the name of us under-subscribing for our selves and in the name of the Church of Scotland that shall adhere to the said Protestation and in the name of every one of them from our welbeloved Doctor Robert Hamilton Minister at Glasford to whom by these presents we give our full power and expresse mandate to present the same in or at the said Assembly or where else it shall be necessary to be used with all submission and obedience due to our gracious Soveraigne and his Majesties high Commissioner and upon the presenting and using thereof acts and instruments to crave and all other things to doe that necessarily are required in such cases firme and stable holding or for to hold what hee or any of them shall lawfully doe in the premises In witnesse whereof as we are ready with our blood so with our hand we have subscribed these presents at the palace of Haly-rude-house New-castle and Glasgow the 16. 17. and 20. dayes of Novemb. 1638. et sic subscrbitur Jo S ◠Andreae Arch. Pa Glasgow Da Edinburgen Tho Gallovidien Jo Rossen Walterus Brechinen I II III III IV. V. VI. VII VIII IX X. XI XII
much lesse to write a booke 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 Parl. Jam. 6 par 8. discharging all persons to impugne or to procure the diminution of the authority and power of the three estates or any of them 3. Against all lawfull and formall proceeding specially that prescribed by Act of Generall Assembly at Perth Martij 1. 1596. whereby it is ordained that all summons containe the speciall cause and crime which the said Libell doth not nameing 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 Assembly at Saint Andrewes April 24. 1582. whereby it is enacted that in processe of deprivation of Ministers there be a libelled precept upon fourty dayes warning being within the Realme and threescore dayes being without the Realme to be directed by the Kirk and such Commissioners thereof as elects and admits the person complained of summoning them to compeare and answere 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 Assembly 4. Against common equity which admits summons only by the authority of that judge before whom the delinquent is to compeare Whereby the summons directed by the authority of these pretended Presbyteries cannot sustaine for compearance before the Generall Assembly nor could reference be made from the Presbytery to the Generall Assembly the parties never being summoned to compeare before the Presbytery whereby either in presence of the party or in case of contumacy the complaint might be referred to the Assembly That there was no citation 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 Presbytery-books without citing of the parties to answere thereto and to cite Bishops before the Generall Assembly by the said Libell by publishing the same at Churches to which they had no relation and were many miles distant we leave it to the judgement of indifferent men 5. Against all decency and respect due to men of their place the said persons being men of dignity and some of them of his Majesties most honourable privie Councell and knowen to be of blamelesse conversation and to have deserved well thus to be reviled and traduced doth redound to the reproach of Church and State and of the Gospell whereof they are preachers 6. Lastly to omit many other informalities against their owne consciences which we charge in the sight of God as they must answere before his great and fearefull tribunall if they suspect and know not perfectly according to the judgement of charity them whō they thus accuse to be free of these crimes wherewith they charge them at least of many of them as appeares evidently by the 11 article of the said instructions having therein libelled the generall and have yet to seeke the specification thereof from the malice of their neighbours if so be they can furnish it By which informall and malitious proceeding it is most apparent that our said parties do seek our disgrace and overthrow most malitiously and illegally And therefore we call heaven and earth to witnesse if this be not a barbarous and violent persecution that all circumstances being considered hath few or none to parallell it since the beginning of Christianity and if we have not just cause to decline the said pretended Commissioners as our party Moreover can these men expect but in a lawfull Assembly they were to be called and censured for their enorme transgressions foresaid And will any man thinke that they can be judges in their owne cause It is alledged out of the Canon-law against the Pope that if the Pope be at variance with any man he ought not to be judge himselfe but to chuse arbitrators And this may militate against them except they be more unruly then Popes Ludovicus Bavarus and all the Estates of Germanie with him did plead this nullity against the sentence and proceeding of Pope Iohn 22. and of his Councell And the Archbishop of Cullen 1546. did plead the nullity of Paul 3. his Bull of excommunication because he protested that so soone as a lawfull Councell should be opened he would implead the Pope as party being guilty of many things censurable by the Councell But the late Protestation doth show the authors thereof to be no lesse injurious to our place and authority then they are over weening of their owne For it is against reason and practise of the Christian Church that no Primate Archbishop nor Bishop have place nor voyce deliberative or decisive in Generall Assemblies except they be authorized and elected by their Presbyteriall meetings consisting of preaching and ruling Elders as they call them and without warrant or example in the Primitive and purest times of the Church This also doth inferre the nullitie of an Assembly if the Moderator and President for matters of doctrine and discipline shall be neither the Primate Archbishop nor Bishop but he who by plurality of Presbyters and lay-mens voyces shall be elected which happily may be one of the inferiour Clergie or a lay-person as sometimes it hath fallen out Whereas Canonically according to the ancient practise of the Church the Primate should preside according to the constitution of the first Councell of Nice Can. 6. of Antioch Can. 9. and of the Imperiall Law Novell constitut 123. cap. 10. and according to our owne Law For what place in Assemblies Archbishops and Bishops had in other Christian nations the same they had no doubt in Scotland and yet still doe retaine except by some Municipall law it hath bin restrained which cannot be showne For the restraint of their authority by the Act of Parl. 1592. is restored by the Act of Parl. 1606. and 1609. and all acts prejudiciall to their jurisdiction abrogated Neither doth that Act 1592. establishing Generall Assemblies debarre Bishops from presiding therein nor the abrogation of their Commission granted to them by Act of Parl. in Ecclesiasticall causes imply and inferre the abrogation of that authority which they received not from the Parl. but from Christ from whom they received the spirituall oversight of the Clergie under their charge whereto belongeth the Presidentship in all Assemblies for matters spirituall alwaies with due submission to the Supreame Governour which is so intrinsecally inherent in them as they are Bishops that huc ipso that they are Bishops they are
Presidents of all Assemblies of the Clergie as the Chancellor of the Kingdome hath place in Councell and Session not by any Act or Statute but hoc ipso that he is Chancellor By Act of Parl. Bishops are declared to have their right in Synods and other inferiour meetings but by no law restrained nor debarred from the exercise of it in Nationall Assemblies and the law allowing Bishops to be Moderators of the Synods doth present a list in absence of the Metropolitan to whom of right this place doth belong as said is out of which the Moderator of the Generall Assembly shall be chosen For is it not more agreeable to reason order and decencie that out of Moderators of Synods a Moderator of the Generall Assembly should be chosen then of the inferiour Clergie subject to them As concerning that Act of the Generall Assembly 1580. whereby Bishops are declared to have no warrant out of Scripture if corruption of time shall be regarded the authority of that Assembly might be neglected no lesse then that at Glosgow 1610. But it is ordinary that prior acts of Assemblies and Parliaments give place to the posterior for Posteriora derogant prioribus And there past not full six yeares when a Generall Assembly at Edinburgh found that the name of Bishops hath a speciall charge and function annexed to it by the word of God and that it was lawfull for the Generall Assembly to admit a Bishop to a benefice presented by the Kings Majesty with power to admit visite and deprive Ministers and to be Moderators of the Presbyteries where they are resident and subject onely to the sentence of the Generall Assembly As for that Act at Montrose let them answer to it that have their calling by that Commission We professe that we have a lawfull calling by the election of the Clergie who are of the Chapter of our Cathedralls and consecration of Bishops by his Majesties consent and approbation according to the laudable Lawes and auncient Custome of this Kingdome and of the Church in auncient times and do homage to our Soveraigne Lord for our Temporalities and acknowledge him solo Deo minorem next unto God in all causes and over all persons Spirituall or Temporall in his owne Dominions supreame Gouernour But now we may take up Cyprian his complaint Lib. 3. Ep. 14. Quod non periculum metuere debemus de offensâ Domini quando aliqui de Presbyteris nec Evangelij nec loci sui memores sed neque futurum Dei judicium neque praepositum sibi Episcopum cogitantes quod nunquam omnino sub antecessoribus factum est cum contumelia contemptâ praepositi totum sibi vendicent Atque utinam non prostratâ fratrum nostrorum salute sibi omnia vendicarent Contumelias Episcopatûs nostri dissimulare ferre possem sicut dissimulavt semper pertuli sed dissimulandi nunc locus non est quando decipiatur fraternitas nostra à quibusdam vestrum qui dùm sine ratione restituendae salutis plausibiles esse cupiunt magis lapsis obsunt Lastly it is most manifest by the premisses how absurd it is and contrary to all reason and practise of the Christian Church that Archbishops and Bishops shall be judged by Presbyters and more absurd that they should be judged by a mixt meeting of Presbyters and Laicks conveening without lawfull authority of the Church How and by whom they are to be judged according to the custome of auncient times may be seene by the Counsell of Chalcedon Can. 9. and Concil Milevit Can. 22. and Concil Carthag 2. Can. 10. Nor do we decline the lawfull tryall of any competent judicatory in the Kingdome especially of a Generall Assembly lawfully constitute or of his Majesties high Commissioner for any thing in life or doctrine can be laid to our charge onely we declare and affirme that it is against order decency and Scripture that we should be judged by Presbyters or by Laicks without authority and Commission from Soveraign authority For the reasons foresaid and many moe and for discharge of our duty to God to his Church and to our Sacred Soveraigne lest by our silence we betray the Churche's right his Majesties authority and our owne consciences We for our selves and in name of the Church of Scotland are forced to protest that this Assembly be reputed and holden null in Law Divine and humaine and that no Church-man be holden to appeare before assist or approve it and therefore that no letter petition subscription interlocutor certification admonition or other act whatsoever proceeding from the said Assembly or any member thereof be any wise prejudiciall to the Religion and Confession of Faith by Act of Parliament established or to the Church or any member thereof or to the jurisdiction liberties priviledges rents benefices and possessions of the same acts of Generall Assemblie of Councell and Parliament in favours thereof or to the three estates of the Kingdome or any of them or to us or any of us in our persons or estates authority jurisdiction dignity rents benefices reputation and good name but on the contrary that all such acts and deeds above mentioned and every one of them are and shall be reputed and esteemed unjust illegall and null in themselves with all that hath followed or may follow thereupon And forasmuch as the said Assemby doth intend as we are informed to call in question discusse and condemne things not onely in themselves lawfull and warrantable but also defined and determined by Acts of Generall Assembly and Parliaments and in practise accordingly to the disgrace and prejudice of reformed Religion authority of the Lawes and Liberties of the Church and Kingdome weakning his Majesties authority disgracing the profession and practise which he holdeth in the Communion of the Church where he liveth and branding of Reformed Churches with the foule aspersions of Idolatry and superstition we protest before God and man that what shall be done in this kinde may not redound to the disgrace or disadvantage of Reformed Religion nor be reputed a deed of the Church of Scotland We protest that we imbrace and hold that the Religion presently professed in the Church of Scotland according to the Confession thereof received by the estates of this Kingdome and ratified in Parliament the yeere 1567. is the true Religion bringing men to eternall Salvation and do detest all contrary errour We protest that Episcopall governement in the Church is lawfull and necessary and that the same is not opposed and impugned for any defect or fault either in the Government or Governours but by the malice and craft of the Devill envying the successe of that governement in this Church these many yeeres by past most evident in planting of Churches with able and learned Ministers recovering of the Church rents helping of the Ministers stipends preventing of these jarres betwixt the King and the Church which in former times dangerously infested the same keeping the people in peace and