unlesse they bee required so to doe by such as shall have lawfull authoritie from his Majestie to administer it unto them being confident that none either will or can take the said oath or any other oath in any sense which may not consist with episcopall government having his Majesties sense and so the sense of all lawfull authority fully explayned to them HAMILTOUN THat episcopall jurisdiction was in force by acts of parliament no wayes abolished nor suppressed in the yeare 1580. nor at the time of reformation of religion within the realm of Scotland doth evidently appeare by the acts of parliament after mentioned First by the parliament 1567. cap. 2. whereby at the time of reformation the Popes authoritie was abolished it is enacted by the said act That no bishop nor other prelate in this realme use any jurisdiction in time coming by the bishop of Romes authority And by the third act of the same parliament whereby it is declared That all acts not agreeing with Gods word and contrary to the confession of faith approved by the estates in that parliament to have no effect nor strength in time to come Whereby it is evident that it was not the reformers intētion to suppresse episcopacie but that bishops should not use any jurisdiction by the bishop of Rome his authority seeing they did allow episcopacie to cōtinue in the church that they did not esteeme the same contrary to Gods word and confession foresaid as appeares more clearly by the sixth act of the said parliament which is ratified in the parliament 1579. cap. 68. whereby it is declared That the ministers of the blessed Evangell of Iesus Christ whom God of his mercie hath now raised up amongst us or hereafter shall raise agreeing with them that now live in doctrine or administration of the sacraments and the people of this realme that professe Christ as hee is now offered in his Evangel and doe communicate with the holy sacraments as in the reformed kirks of this realme they are publickly administrate according to the confession of the faith to be the only true and holy kirk of Iesus Christ within this realme without any exception by reason of policie and discipline declaring only such as either gain-say the word of the Evangel according to the heads of the said confession or refuse the participation of the holy sacraments as they are now ministrate to bee no members of the said kirk so long as they keep themselves so divided from the societie of Christs body Whereby it is manifest that it was not the said reformers minde to exclude any from that society by reason of discipline and that they did not at that time innovate or change any thing in that policie they found in the said kirk before the reformation This is likewaies evident by the oath to be ministred to the king at his coronation by the eigth act of the said parliament wherby he is to sweare to maintaine the true religion of Iesus Christ the preaching of his holy word due and right ministration of the sacraments now received and preached within this realme and shall abolish and gainstand all false religion contrarie to the same without swearing to any innovation of policie and discipline of the kirk Secondly it doth evidently appeare by these subsequent acts of parliament that by the muncipall law of this realme archbishops and bishops was not only allowed in the kirk but also had jurisdiction and authority to governe the same First by the 24. act of the said parliament whereby all civill priviledges granted by our soveraigne Lords predecessors to the spirituall estate of this realme are ratified in all points after the form tenor therof And by the 35. act of the parliament 1571. whereby all and whatsoever acts and statutes made of before by our soveraigne Lord and his predecessors anent the freedome and liberty of the true kirke of God are ratified and approved By the 46. act of the parliament 1572. whereby it is declared that archbishops and bishops have the authority and are ordained to conveen and deprive all inferiour persons being ministers who shall not subscribe the articles of religion and give their oath for acknowledging and recognoscing of our soveraigne Lord and his authority and bring a testimoniall in writing thereupon within a moneth after their admission By the 48. act of the same parliament whereby it is declared that archbishops and bishops have authority at their visitations to designe ministers gleibes By the 54. act of the said parliament whereby archbishops and bishops are authorized to nominate and appoint at their visitations persons in every parochin for making and setting of the taxation for upholding and repairing of kirks and kirk-yards and to conveene try and censure all persons that shall be found to have applied to their own use the stones timber or any thing else pertaining to kirks demolished By the 55. act of the parliament 1573. whereby archbishops and bishops are authorized to admonish persons married in case of desertion to adhere and in case of disobedience to direct charges to the minister of the parochin to proceed to the sentence of excommunication By the 63. act of the parliament 1578. whereby bishops and where no bishops are provided the Commissioner of diocesses have authority to try the rents of hospitals and call for the foundations thereof By the 69. act of the parliament 1579. whereby the jurisdiction of the kirk is declared to stand in preaching the word of Iesus Christ correction of manners and administration of the holy sacraments and yet no other authority nor office-bearer allowed and appointed by act of parliament nor is allowed by the former acts but archbishops and bishops intended to continue in their authority as is clear by these acts following First by the 71. act of the same parliament whereby persons returning from their travels are ordained within the space of twenty dayes after their returne to passe to the bishop superintendent commissioner of the kirks where they arrive and reside and there offer to make and give a confession of their faith or then within fourtie dayes to remove themselves forth of the realme By the 99. act of the parliament 1581. whereby the foresaids acts are ratified and approved By the 130. act of the parliament 1584. whereby it is ordained that none of his Majesties lieges and subjects presume or take upon hand to impugne the dignitie and authoritie of the three estates of this kingdome whereby the honour and authority of the Kings Majesties supreme court of parliament past all memorie of man hath beene continued or to seek or procure the innovation or diminution of the power and authoritie of the same three estates or any of them in time coming under the paine of treason By the 131. act of the same parliament wherby all judgements jurisdictions as well in spirituall as tēporall causes in practice custome during these twenty foure yeares by-past not approved
of our worthy and religious Progenitors and of many yet living amongst us which was warranted also by Act of Councell commanding a generall Band to bee made and subscribed by his Majesties subjects of all ranks for two causes One was for defending the true Religion as it was then reformed and is expressed in the Confession of Faith above written and a former large Confession established by sundrie acts of lawfull Generall Assemblies and of Parlament unto which it hath relation set downe in publicke Cathechismes and which had beene for many yeeres with a blessing from heaven preached and professed in this Kirk and Kingdome as Gods undoubted truth grounded onely upon his written Word The other cause was for maintaining the Kings Majestie his Person and Estate the true Worship of God and the Kings authoritie being so straightly joyned as that they had the same friends and common enemies and did stand and fall together And finally being convinced in our minds and confessing with our mouthes that the present and succeeding generations in this Land are bound to keep the foresaid nationall Oath and subscription inviolable We Noblemen Barons Gentlemen Burgesses Ministers and Commons under subscribing considering divers times before and especially at this time the danger of the true reformed Religion of the Kings honour and of the publicke peace of the Kingdome by the manifold innovations and evils generally contained and particularly mentioned in our late supplications complaints and protestations doe hereby professe and before God his Angels and the World solemnely declare That with our whole hearts wee agree and resolve all the daies of our life constantly to adhere unto and to defend the foresaid true Religion and forbearing the practice of all novations already introduced in the matters of the worship of God or approbation of the corruptions of the publick Government of the Kirk or civill places and power of Kirkmen till they bee tryed and allowed in free Assemblies and in Parlaments to labour by all meanes lawfull to recover the purity and libertie of the Gospel as it was established and professed before the foresaid novations And because after due examination wee plainly perceive and undoubtedly beleeve that the Innovations and evils contained in our Supplications Complaints and Protestations have no warrant of the Word of God are contrary to the Articles of the foresaid Confessions to the intention and meaning of the blessed Reformers of Religion in this Land to the above written Acts of Parlament and doe sensibly tend to the re-establishing of the Popish Religion and tyranny and to the subversion and ruine of the true Reformed Religion and of our Liberties Lawes and Estates VVe also declare that the foresaid Confessions are to bee interpreted and ought to be understood of the foresaid novations and evils no lesse then if everie one of them had beene expressed in the foresaid Confessions and that wee are obliged to detest and abhorre them amongst other particular heads of Papistrie abjured therein And therefore from the knowledge and conscience of our dutie to God to our King and Countrey without any worldly respect or inducement so farre as humane infirmitie will suffer wishing a further measure of the grace of God for this effect VVe promise and sweare by the Great Name of the Lord our GOD to continue in the Profession and Obedience of the foresaid Religion That we shall defend the same and resist all these contrarie errours and corruptions according to our vocation and to the uttermost of that power that God hath put in our hands all the dayes of our life And in like manner with the same heart we declare before God and Men That we have no intention nor desire to attempt any thing that may turne to the dishonour of God or to the diminution of the Kings Greatnesse and Authoritie But on the contrarie we promise and sweare that wee shall to the uttermost of our power with our meanes and lives stand to the defence of our dread Soveraign the Kings Majestie his Person and Authoritie in the defence and preservation of the foresaid true Religion Liberties and Lawes of the Kingdome As also to the mutuall defence and assistance everie one of us of another in the same cause of maintaining the true Religion and his Majesties Authoritie with our best counsell our bodies meanes and whole power against all sorts of persons whatsoever So that whatsoever shall be done to the least of us for that cause shall be taken as done to us all in generall and to everie one of us in particular And that we shall neither directly nor indirectly suffer our selves to be divided or withdrawn by whatsoever suggestion combination allurement or terrour from this blessed and loyall Conjunction nor shall cast in any let or impediment that may stay or hinder any such resolution as by common consent shall be found to conduce for so good ends But on the contrarie shall by all lawfull meanes labour to further and promove the same and if any such dangerous and divisive motion be made to us by VVord or VVrit wee and everie one of us shall either suppresse it or if need be shall incontinent make the same known that it may bee timously obviated neither do we feare the foule aspersions of rebellion combination or what else our adversaries from their craft and malice would put upon us seeing what we do is so well warranted and ariseth from an unfained desire to maintaine the true worship of God the Majestie of our King and the peace of the Kingdome for the common happinesse of our selves and the posteritie And because we cannot look for a blessing from God upon our proceedings except with our Profession and Subscription we joyne such a life and conversation as beseemeth Christians who have renewed their Covenant with God VVee therefore faithfully promise for our selves our followers and all others under us both in publike in our particular families and personall carriage to endevour to keep our selves within the bounds of Christian libertie and to be good examples to others of all Godlinesse Sobernesse and Righteousnesse and of everie dutie we owe to God and Man And that this our Union and Conjunction may bee observed without violation VVee call the living God the Searcher of our Hearts to witnesse who knoweth this to be our sincere Desire and unfained Resolution as we shall answer to JESUS CHRIST in the great day and under the paine of Gods everlasting wrath and of infamie and of losse of all honour and respect in this World Most humblie beseeching the LORD to strengthen us by his holy Spirit for this end and to blesse our desires and proceedings with a happie successe that Religion and Righteousnesse may flourish in the Land to the glorie of God the honour of our King and peace and comfort of us all In witnesse whereof we have subscribed with our hands all the premisses c. TO dispute against this Covenant scholastically or otherwise then by
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
limited as was competent to them since the reformation of Religion in the reformed Kirk From which time their office and jurisdiction spirituall was alwayes extinct Which is evidently acknowledged in the act of Parliament 1592. and expresly in the act of parliament 1597. granting voice in parliament to Ministers Which albeit it was the first step to Episcopacy yet the parliament thereby hath remitted the office of Bishops in their spiritual policy and government as not pertaining to their civill place and jurisdiction to the King and the generall Assembly of Ministers as properly belonging to them but prejudice alwayes of the jurisdiction and discipline of the Kirk permitted by many acts of Parliament whereof that 1592. forecited is one to generall provinciall Assemblies Presbyteries and Sessions of the Kirk which were never prejudged neither by the act 1606. nor by the act 1609. albeit corruption was then fast advancing till the yeare 1612. at which time first and never before the King and Estates had taken the advice of the pretended Assembly at Glasgow anent their office and spirituall jurisdiction formerly remitted to them as is cleare in the act of Parliament 1612. relative to that remit in the Parliament 1597. which for that cause is also omitted by the quotter Like as also the act of parliament 1609. restoreth them only to temporall jurisdiction and priviledges lawfully pertaining to them and flowing from his Majesty as any other ordinare jurisdiction doth with reservation of the Kings supremacy and prerogative therein which can no wayes comprehend their ecclesiasticall office because the same is not a temporall jurisdiction neither did lawfully pertaine to them but by the law of God and acts of this Kirk after reformation and by the act 1592. was abrogat and taken from them and the ecclesiasticall power established in presbyteries So that if it be an ecclesiasticall office it cannot flow from the King who cannot make a Minister Doctor Elder or Deacon in the Kirk albeit hee may present a Minister made by the KING of Kings to the Kirk neither can the parliament institute originally any ecclesiasticall office in the Kirk as is before said Further the intended scope of that act is only the restitution of Commissariats and temporal jurisdiction flowing from his Majesty as is cleare by the act it selfe bearing that they shall brooke all priviledges and jurisdictions granted to them by his Majesty and redintegrates them to their former authority and jurisdiction lawfully pertaining to them alwayes flowing from his Majesty from whom only temporall jurisdiction doth flow which is only the jurisdiction of Commissers in temporall causes and no waies any spirituall jurisdiction competent ratione officii which by Gods word and the lawes of the Kingdome was abjured in them and established in assemblies presbyteries c. as is many times before repeated But to convince them further it is not or that both 1606 and 1609. they road in Parliament and by their own voices and the iniquity of the time made the said acts without inserting the cautions made at Montrose without any commission from the Kirk contraire to the said cautions and their owne oath given for observance thereof against which the Kirk of Scotland did protest solemnly clearing unanswerably not only the unlawfullnesse of their Ecclesiastick Episcopall function but also of the civill places in persons of Pastors from Gods word our confession of Faith 1580. acts of this Kirk and Kingdome but this protestation being rejected by them was printed to the view of the world And as for the act of the Parliament 1617. it cannot set down consecration to the office without a preceeding act of the Kirk which is not alleadged but by the contraire the Kirk had before condemned that office and did particularly protest against that act of Parliament Moreover this act is builded upon the supposed ground of Glasgow Assembly 1610. which for infallible reasons is now annulled and so not only this act 1617. but all after acts ratifying the same fall ex consequenti both by the light of reason law and practise of this Kingdome For when the principall act or right ratified doth fall the subsequent ratification falleth eo ipso especially in this case when civill laws in ecclesiasticall matters cannot be made originally nor subsist after the abolition of the ecclesiasticall constitutions which they ordaine under civill sanction to be obeyed and yet being once annulled they cannot be obeyed And further even that corrupt Assembly of Glasgow 1610. which is now declared to have been null ab initio did never restore the office of a diocesian Bishop before condemned in this Kirk but did too far enlarge and extend the power of these who were provided to the benefice of Bishops and yet alwayes under cautions and limitations sworn unto which they never observed and upon condition of their subjection for censure to yearly generall Assemblies which they have not keeped but impeded and so they ought not to clame the benefice of these acts of Parliament concluded by their own voyces and protested against by the Kirk of Scotland and violated by themselves And last for answer to all acts of Parliament whatsoever let the Christian Reader consider if as the Assembly lately conveened by his Majesties indiction in the name of Jesus Christ should judge and hath proceeded by the word of God alone and not by acts of parliament so we are obliged by our oath made to God to return to the doctrine and discipline of this Kirk 1580. and renounce all subsequent acts contrary thereunto and prejudiciall to the purity of reformation and the Kirk in whose favours any pretended priviledges is granted and that out of experience of reall prejudice and the pungent sins of our oath and danger of perjury under which this Kingdome lyeth for the which we ardently deprecate Gods wrath and beg mercy to every one of us who are guilty and must still continue our earnest and humble supplications to his Majesty for redresse as we shall do our petitions to God for preserving the sacred person of our dread Soveraign and perpetuating his reigne and his Royall posterity over this land so long as the world endureth Revised according to the ordinance of the generall Assembly by mee Mr. A. Ihonston Clerk thereto Edinb 14. of Feb. 1639. BEcause the Reader shall not need to doubt of the vanity of all these exceptions against the Acts of Parliament here cited and of the impertinency of their Citations of some Acts of Parliament to the contrary Wee shall demonstrate to the Reader that when this Confession of Faith was first framed and injoyned to be subscribed Episcopall government was then in force and strength which doth appeare by the most unquestionable and irrefragable Record of that Kingdom viz. The Bookes and Rolls of Parliament And therefore Wee have here caused to be inserted out of the Sederunt Rolls of Parliament the names of such Bishops as sate in Parliament and
after Our advices by Our Letters and Instructions to the rest at home and after many humble advertisements and remonstrances made from them to Us of the reasons of some alterations which they did conceive would remove divers difficulties which otherwise they feared this Booke would encounter with We were contented that the Service Booke should come out as now it is printed being fully liked by them and signed with their hands and perused approved and published by Our Royall command and authoritie In the perusall and approbation whereof We tooke speciall care that the small alterations of it in which it differeth from the English Service Booke should be such as We had reason to thinke would best comply with the mindes and dispositions of Our subjects of that Kingdome For We supposing that they might have taken some offence if We should have tendered them the English Service Booke totidem verbis and that some factious spirits would have endevoured to have misconstrued it as a badge of dependance of that Church upon this of England which Wee had put upon them to the prejudice of their Lawes and Liberties We held it fitter that a new Booke should be composed by their own Bishops in substance not differing from this of England that so the Roman party might not upbraid Us with any weightie or materiall differences in Our Liturgies and yet in some few insensible alterations differing from it that it might truely and justly be reputed a Book of that Churches owne composing and established by Our Royall Authority as King of Scotland And thus conceiving Wee had discharged the duetie of a religious King towards God and of a gracious Prince in accommodating this Booke so that Our subjects of that Kingdome should have no cause to have the least suspicion of any intended dependancie of that Church upon this Wee sent home the Book to the Lords of Our Privie Councell After their receipt consideration of it We by their advice and they by Our Authoritie commanded by publike Proclamation that the said Book should be publikely read and received in all the Churches of that Our Kingdome and should begin to be practised upon Easter next 1637. Disobedience to this Our Proclamation Wee had little reason to expect because this Service-book was no new thing unto them For it not differing from the English Service-book in any materiall point and We supposing that the English Liturgie neither was nor could bee displeasing to them did likewise conceive that this Book should be as little disliked by them Now the reasons inducing Us to a beleefe of their not misliking the English Liturgie were these First many of Our subjects of that Kingdome of all sorts daily resorting to Our Court and the Citie of London did much frequent our Chappell many other Churches in or about the Citie and many Churches during their stay here at the severall places of our residence and many other Churches within this Kingdome upon their way both hither and homeward in all which Churches they did behave themselves during the time of divine Service with that reverence as others of Our subjects of this Kingdome did without any dislike of it or quarrelling against it Now these who resorted hither being for quantitie and number very considerable and for qualitie for the most part of the very best gave Us more then a probable assurance that at home they would never accompt that absolutely in it selfe unlawfull and Antichristian as many of them have since professed unto which they had here of their owne accord by their practise yeelded obedience For neither municipall Law nor variation of time or place nor any other circumstance can allow Us to practise that which we hold in it selfe to be simply unlawfull Antichristian and against the Word of God Secondly in Our owne Chappell at Haly-rud-house ever since the yeere of Our Lord 1617. the English Liturgie hath beene read and according to it divine Service sung and said as it is here said and sung in Our Chappels in England not onely without dislike but with frequent Assemblies of Our Councel Nobility Bishops other Clergie of all sorts Judges Gentrie Burgesses women of all ranks The Bishops or some of them never gave Orders which they did frequently but they used the English Service-book in some Cathedrall Churches of that kingdom as also in the new Colledge of the University of S. Andrewes for some yeeres of late it was publikely read without any distaste much lesse disturbance for divers yeeres it was used in many families and at Our last being in that Kingdome it was read publikely in all Churches to which Wee resorted in which great numbers of all sorts of people were present All which gave Us good reason to conceive that the commanding of this Book by Our authoritie could not in any true sense be called or accounted an innovation all sorts of people and very many of those of all ranks who now inveigh most bitterly against it having been so accustomed to it and acquainted with it and that without any dislike of it or complaint against it Thirdly Wee confesse that one of the chiefest reasons moving Us to beleeve that that Service-book being in substance all one with this of England could not be held by them to containe any thing tending to Idolatrie Poperie or Superstition as since they have pretended was this We did foresee that all objections bending that way must needs strike at the English Service-book aswell as at that and indeed all of them which they have preached or published against that book do so but We did then and do still take it as granted that no man who hath his wits about him can charge the least suspicion of these things objected upon the English Service-book For since it is well knowne to the whole Christian world that the Composers Framers of the English Service-book were those very famous Bishops others who in Queen Mary her dayes delivered up their living bodies to the fire or escaping the fire indured banishment only because they would not yeeld to Poperie and Superstition How these men now whom in their owne judgement they hold to bee ranked amongst the most glorious Martyrs of the Church for resisting even to bloud Idolatry Popery and Superstiâ—ion can with any conscience or honestie be charged by these men with compiling of a Book stuffed full with Idolatrie Poperie and Superstition it requireth more then an ordinarie understanding to apprehend And besides it will be made good that more of the Bishops and learned Clergie of England both for number and weight have opposed Superstition and Popery then can be found in all the reformed Churches besides who all of them have lived in the practise of the English Liturgie and defended the same which they would never have done if they had supposed it to containe Idolatrie or Superstition These now were the grounds which inclined Us to conceive that the Service-book authorized by Us for
State excuseth our uncessant and importune calling for these present remedies Doth insinuate the continuance and execution of any pretended Lawes for these innovations of worship and corruptions of Church government and civill places of Church-men which by our Covenant wee have obliged our selves to forbeare and the re-establishment of these evils in an Assembly and Parliament which hee will call in his best convenience to wit for that and this other end of satisfying his subjects judgements anent the Service Booke and Book of Canons Doth condemne all our former proceedings even our supplicating complaining protesting subscribing of our Covenant together and our continuall meetings as great disorders increase of disorders deserving justly a powerfull rather then a perswasive way a running headlong into ruine a perishing in our faults a blind disobedience under pretext of Religion and doth threaten denounce Now once for all If we be not heartily satisfied and give testimony of our obedience after this Declaration but continue as by our former proceedings to draw on our owne ruine that albeit unwillingly he must make use of that power which God hath indued him with for reclaiming of so disobedient people THerefore we in our own name and in name of all who will adhere to the Confession of Faith and reformation of Religion within this Land are forced and compelled out of our bound duty to God our King native Country our selves and our posterity lest our silence should be prejudiciall to so important a cause as concernes Gods glory and worship our Religion and salvation the Lawes and Liberties of this Church and Kingdome or derogatory to our former supplications complaints protestations Articles and proceedings or unanswerable to the solemne oath of our nation covenant with God To declare before God and man and to protest Primo That we doe and will constantly adhere according to our vocation and power to the said Reformation in doctrine use of Sacraments and discipline And that notwithstanding of any innovations introduced therein either of old or of late Secundo we potest That we adhere to the grievances supplications and protestations given in at Assemblies and Parliaments and to our late supplications complaints protestations and other lawfull proceedings against the same and particularly against the Service book and booke of Canons as maine innovations of Religion and Lawes and full of Popish superstition and so directly contrary to the Kings Declaration And against the High Commission as a judicatory established contrary to the Lawes and Liberties of this Church and Kingdome and destructive of other lawfull judicatories which both in respect of the nature of it and manner of introduction without consent of the three Estates of Parliament cannot be any wayes rectified but absolutely discharged Tertio we protest That we adhere with our hearts to our Oath and subscription of the Confession of Faith the solemne Covenant betweene God this Church and Kingdome and the clauses particularly therein expressed and generally contained and to our last Articles for the peace of this Kirke and Kingdome drawne out of it and to all the matters therein contained and manner of remedy therein desired Quarto We protest that this Proclamation or act of Councell or any other act or Proclamation or Declaration or ratification thereof By subscription or act or letter or any other manner of way whatsoever or any precondemnation of our cause or carriage before the same be lawfully heard and tryed in the supreme judicatories of this Kirk and Kingdome the onely proper judges to nationall causes and proceedings or any certification or threatning therein denounced shall no waies be prejudiciall to the Confession of Faith lawes and liberties of this Kingdome nor to our supplications complaints protestations articles lawfull meetings proceedings pursuits mutuall defences nor to our persons and Estates and shall no wayes be disgracefull either in reality or opinion at home or abroad to us or any of us But on the contrary that any act or letter or subscription of the Councell carrying the approbation of the declaration and condemnation of our proceedings indicta causa is and ought to be repute esteemed unjust illegall null as here before God and man we offer to clear to verifie both the justice of our cause and carriage and the injustice of such acts against us in the face of the first generall Assembly of the Church Parliament of the Estates unto whom with all solemnities requisite we do publikly appeal Quinto We protest that seeing our former supplications last Articles our last desire and petition to his Majesties Commissioner which petitioned for the present indiction of a free general Assembly Parliament according to the law and custome of all nations of this nation in the like case to hear the desires ease the grievances settle the fears of the body of the Church Kingdome are thus delayed in effect refused to wit Once for all till his Majesties conveniency for the end contained in this Proclamation that We continue by thir presents to supplicate his Majesty again and again for the granting of the same And whatsoever trouble or inconvenience fall out in this land in the mean time for want of these ordinary remedies and by the practice of any of these innovations evils contrary to our supplications articles confession it be not imputed unto us who most humbly beg these lawfull remedies but also that it is shall be lawfull unto us to defend and maintain the Religion lawes and liberties of this Kingdome the Kings Authority in defence thereof every one of us one another in that cause of maintaining the Religion and the Kings foresaid Authority according to our power vocation and Covenant with our best counsel bodies lives means whole strength against all persons whatsoever against all externall or internall invasions menaced in this Proclamation Like as that in the great exigencie of the Church necessitating the use of this ordinary and lawfull remedies for settling the commotions thereof it is and shall be leasome unto us to appoint hold and use the ordinary means our lawfull meetings and Assemblies of the Church agreeble to the Law of God and practice of the primitive Church the Acts of the generall Assemblies and Parliaments and the example of our Worthy Reformers in the like case Sexto We protest that our former Supplications Complaints Protestations Confessions meetings proceedings and mutuall defences of every one another in this cause as they are and were in themselves most necessary and orderly meanes agreeable to the lawes practice of this Church and Kingdome to be commended as reall duties of faithfull Christians loyall Subjects and sensible members of the body of the Church and Kingdome and no wise to be stiled nor accounted great disorders misdemeanors blind disobedience under pretext of Religion and running headlong into ruine c. So they proceeded only from conscience of our duty to God our King native
would be most willing to indict a free generall Assembly and call a Parliament for those good ends but that your Grace as His Majesties Commissioner hath conceived the Confession of faith and Covenant latelie renewed by us His Majesties subjects to be an unlawfull combination against Authority thereby to cast off our dutifull obedience and not a Covenant for maintaining of true Religion of His Majesties Person and Authority and of the Laws and Liberties of the Kingdome And we being most willing to remove that as the maine hinderance of the obtaining of our desires Therefore and for clearing of our loyaltie and vindicating our selves from so great an imputation Wee do now in all humility remonstrate to your Grace as His Majesties Commissioner and declare before God and men that we are heartily grieved and sorrie that any good man but most of all that our dread Soveraigne should so conceive of our doing And that we were and still are so faâ—re from any thought of withdrawing our selves from our dutifull subjection and obedience to His Majesties government which by the descent and under the raigne of 107 Kings is most chearfully acknowledged by us and our predecessours that we never had nor have any intention or desire to attempt any thing that may turne to the dishonour of God or diminution of the Kings greatnesse and authority But on the contrary we acknowledging our quietnesse stability and happinesse to depend upon the safety of the Kings Majestie as upon Gods Vicegerent set over us for maintenance of Religion and ministration of Justice have solemnly sworne not onely our mutuall concurrence and assistance for the cause of Religion but also to the uttermost of our power with our meanes and lives to stand to the defence of our dread Soveraigne the Kings Majestie His Person and Authority in the preservation and defence of the true Religion Liberties and Lawes of the Kingdome And therefore we His Majesties loyall subjects free from that and all other imputations of that kinde most humbly beseech your Grace to esteeme that our Confession of Faith and Covenant to have been intended and to be the largest testimony of our fidelity to God and loyaltie to our King And that hinderance being removed must still supplicate that your Grace would be pleased to indict a free generall Assembly and Parliament which will undoubtedly redresse all our evils settle the peace of the Kirk and Kingdome and procure that chearfulnesse of obedience which ought to be rendred to His Majesty carrying with it the offer of our fortunes and best endeavours for His Majesties honour and happinesse as a reall testimony of our thankfulnesse and our hearty prayers to God that His Majestie may long and prosperously raigne over us NOw doth this Petition deserve the name of an explication of their Covenant much lesse of such an explication as should give either Us or Our Commissioner any satisfaction No for it containeth neither more nor lesse then this that they doe not meane to shake off their obedience if We will give way to all their courses which by this Petition they justifie so that their meaning is that they will continue obedient subjects if We will part from Our Soveraigntie which is in effect that they will obey if Wee will suffer them to command But where it was expected that to these words of their Covenant whereby they binde themselves to mutuall maintenance against all persons whatsoever should have beene added except the King and his successors that was refused though even that could have given no satisfaction unlesse We should give way to that which divers Acts of Parliament have made sedition and punishable with death Upon notice given by Our Commissioner of his intended departure the debatements at their Table grew very hot and fierie upon this point Whether they should presently indict a Generall Assembly and fall upon the violent courses intended by them or that they should grant some short time for his journey his stay with Us his returne to them againe with Our finall answer and last resolution and in the meane time promise that they would behave themselves quietly and peaceably and continue all things in statu quo untill his returne This last was agreed unto though not without much contrarietie of voices and so some of the principall Covenanters came and acquainted him with this their resolution which was That they would expect Our answer and his returne upon the fifth of August next at the furthest untill which time they would breake up their great meeting containe themselves and the people in quietnesse and peace but if by that day he did either not return or not bring with him from Us such an answere as they expected then they would hold themselves free and goe on to prosecute the courses which they had resolved upon And so Our Commissioner begun his journey towards Us. After Our Commissioner had at Greenwich made Us fully acquainted with all their insolencies We speedily dispatched him with new Instructions and commanded him to returne so that he might be backe in Scotland by the fifth of August and gave him order for the indicting both of a Generall Assembly and a Parliament but so that he should first be fully satisfied by all informations which he could conveniently receive of the constitution of a Generall Assembly with which perhaps many were not acquainted none having beene kept for divers yeares And therefore it did require good deliberation to agree both upon the members of the Assembly not for their persons but for their qualitie and of what things were usually treated and handled there No sooner was he returned into Scotland but he found all things in much worse case and in a farre greater combustion then he left them For he found that the heads of the faction being affraid that he might bring backe with him some satisfactory accommodation which Our subjects might like well but they themselves resolved to reject had in the time of his absence assured their followers that they might compasse their ends by such means and upon such conditions as themselves desired Nay they proceeded so far as to make the people beleeve what they knew to be most untrue viz. That Our Commissioner was well satisfied with all their proceedings and especially with their Covenant in regard of the late explication they had made of it and were so impudent as to use that inducement for an argument whereby they perswaded many of all sorts especially of the Ministers who had formerly stood out against their Covenant to enter into it in this short time of his absence from them And the three Ministers in their answers to the Queries of the Divines of Aberdene had the boldnesse to print that Our Commissioner rested satisfied with their Covenant according to their explication of it With which their notorious calumnie he found himselfe so highly injured in a point which so much concerned his loyaltie to Us and the trust reposed in
of attestation called God to witnesse to it It had like to have growne to a hot contestation but that that night the Assembly was dismissed The next day upon their first sitting down they urged presently the choice of a Moderatour but Our Commissioner desired first Our Letter to the Assembly to be read which was done and it was thus ALthough Wee be not ignorant that the best of Our actions have beene mistaken by many of Our subjects in that Our ancient Kingdome as if Wee had intended innovation in Religion or Lawes yet considering nothing to be more incumbent to the duty of a Christian King then the advancement of Gods glory and the true Religion forgetting what is past We have seriously taken to Our Princely consideration such particulars as may settle and establish the truth of Religion in that Our ancient Kingdome and also to satisfie all Our good people of the reality of Our intentions herein having indicted a free Generall Assembly to be kept at Glasgow the 21. of this instant Wee have likewise appointed Our Commissioner to attend the same from whom you are to expect Our pleasure in every thing and to whom Wee require you to give that true and due respect and obedience as if Wee were personally present Our selves And in full assurance of Our consent to what he shall in Our name promise We have signed these and wills the same for a testimonie to posterity to bee registred in the Bookes of the Assembly At White-Hall the 29. of October 1638. THen they called againe for the choice of a Moderator at which time one Doctor Hammilton presented to Our Commissioner a Declinator and Protestation in the name of the Bishops against the Assembly containing the nullities of it with a desire that it might be read and a publique Act entred for the production of it Upon this there arose a very great heat in the Assembly they alledging that nothing could be done untill a Moderator was chosen and they did directly refuse to reade the said Declinator upon which both Our Commissioner entred a Protestation in Our Clerke of Registers hands against the refusall of it and tooke instruments thereupon and so likewise did Doctor Hammilton in the name of the Bishops At last they proceeded to the choice of a Moderator to which before Our Commissioner gave way hee entred as before another Protestation that their Act of chusing should neither prejudice Our Prerogative and Authoritie nor any Law or Custome of that Church and Kingdome nor barre him when he should see cause from taking legall exceptions either against the person elected or the illegalitie of his election And so they having put divers other stales upon the List accordingly as it was resolved upon before at their Tables in Edinburgh without one contrarie voice except his owne who could not chuse himselfe one Master Alexander Henderson the prime and most rigid Covenanter in the Kingdome was chosen Moderator The third day Our Commissioner at their first meeting required againe that the Bishops Declinator and Protestation might be read which hee conceived they had promised after the Moderator should be chosen but they rejected it againe adding then that the Assembly must be fully constituted of all it members and bee once an Assembly before any thing could be presented to it To which it was answered by Our Commissioner That hee required it onely to be read not to be discussed untill the members of the Assembly were constituted by allowing of their severall Commissions because this Declinator contained reasons why either all or at least some elected should not be admitted Commissioners in the Assembly because of the nullities of the elections expressed in the Declinator which reasons containing the said nullities might perswade as they hoped with them for the rejecting their Commissions which could not bee done after their approving and allowing of them and so by vertue of these Commissions admitting them for constituted members of the Assembly The reason why Our Commissioner did so earnestly urge the reading of that Declinator was because he did fore-see the fallacie which they meant to use viz. The Declinator cannot be read before the Assembly bee constituted and they fearing that the Declinator contained reasons against the constitution of it by such members as were elected and that after they were once admitted it was too late to alledge any reasons for then they were sure to answer that all elections were discussed and the members of the Assembly received and therefore nothing then to bee heard against either which indeed afterward was their very answer There was nothing left here to Our Commissioner but entring a Protestation as formerly and solemnly calling themselves to witnesse whether with any shew of justice the reading of the Bishops Protestation could bee denied before the elections were admitted the principall aime of it being to shew reasons why they could not be admitted wondering with what colour or face they above all men could doe it who had read and published so many Protestations both against Our Proclamations and Acts of Our Councell and so how they could denie to Our Commissioner a thing required in Our name and by Our authoritie which they themselves had practised without any warrantie or authoritie at all But all in vaine for not the least resolution taken at Edinburgh must suffer any abatement and therefore rejecting the reading of the Declinator they first put by the Clerke of the Assembly his sonne who by reason of his fathers sicknesse had a lawfull deputation from him and whom as it seemeth they afterward wrought to a demission and went on to the election of a new Clerke whom without one contrarie voice they did chuse viz. one Master Archibald Johnston an Advocate the Clerke of their Tables at Edinburgh against whose election Our Commissioner likewise protested as formerly At his admission hee made a short speech declaring against his conscience his unwillingnesse to accept that charge but yet affirming that at this time hee would not bee wanting to contribute his part towards the defence of the prerogative of the Sonne of God as if that now had been in any danger The fourth day they begun the reading of the severall Commissions Our Commissioner as formerly entred a Protestation to take exception against their elections in his owne due time onely hee was content they should goe on that he might see their justice in allowing or disallowing the elections of which he knew many to be very untoward and made with violence Now the Reader is carefully to observe their partialitie in admitting or rejecting elections for wheresoever there was a Non-covenanter chosen of which number there were not above two or three or any moderate Covenanter not designed by them at Edinburgh and chosen according to their secret instructions with which the Reader shall afterward be made acquainted them they either quite rejected or suspended from voice untill some exceptions made against their election should bee discussed
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 wee charge in the sight of God as they must answer before his great and fearefull tribunall if they suspect and know not perfectly according to the judgement of charitie them whom they thus accuse to bee 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 seek the specification thereof from the malice of their neighbours if so bee they can furnish it By which informall and malicious proceeding it is most apparent that our said parties do seek our disgrace and overthrow most maliciously and illegally And therefore wee call heaven and earth to witnesse if this bee not a barbarous and violent persecution that all circumstances being considered hath few or none to parallel it since the beginning of Christianitie and if wee have not just cause to decline the said pretended Commissioners as our partie Moreover can these men expect but in a lawfull Assemble they were to bee called and censured for their enorme transgressions foresaid And will any man thinke that they can bee judges in their owne cause It is alleadged out of the Canon-Law against the Pope that if the Pope be at variance with any man he ought not to bee 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 nullitie against the sentence and proceeding of Pope John 22. and of his Councell And the Archbishop of Cullen 1546. did plead the nullitie of Paul 3. his Bull of excommunication because hee protested that so soone as a lawfull Councell should be opened hee would implead the Pope as partie being guiltie of many things censurable by the Councell But the late Protestation doth shew the authors thereof to bee no lesse injurious to our place and authority then they are over-weening of their owne For it is against reason and practice of the Christian Church that no Primate Archbishop nor Bishop have place nor voice 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 Assemblie if the Moderator and President for matters of doctrine and discipline shall bee neither the Primate Archbishop nor Bishop but hee who by pluralitie of Presbyters and Lay-mens voices shall bee elected which happely may be one of the inferiour Clergie or a Lay-person as sometimes it hath fallen out Whereas canonically according to the ancient practice 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 do retaine except by some municipall Law it hath beene restrained which cannot be showne For the restraint of their authoritie by the Act of Parliament 1592. is restored by the Act of Parliament 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 Parliament in Ecclesiasticall causes imply and inferre the abrogation of that authoritie which they received not from the Parliament 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 alwayes with due submission to the supreme Governour which is so intrinsecally inherent in them as they are Bishops that hoc ipso that they are Bishops they are Presidents of all Assemblies of the Clergie as the Chancellour of the Kingdome hath place in Councell and Session not by any Act or Statute but hoc ipso that he is Chancellour By Act of Parliament 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 bee 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 Assemblie 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 Assemblie should be chosen then of the inferiour Clergie subject to them As concerning that Act of the generall Assemblie 1580. whereby Bishops are declared to have no warrant out of Scripture if corruption of time shall bee regarded the authoritie of that Assemblie might bee neglected no lesse then that at Glasgow 1610. But it is ordinarie 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 Assemblie 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 Assemblie to admit a Bishop to a benefice presented by the Kings Majestie 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 Assemblie As for that Act at Mont rose let them answer to it that have their calling by that Commission Wee professe that wee have a lawfull calling by the election of the Clergie who are of the Chapiter of our Cathedrals and consecration of Bishops by his Majesties consent and approbation according to the laudable Lawes and ancient custome of this Kingdome and of the Church in ancient 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 supreme Governour But now wee may take up Cyprian his complaint Lib. 3. Ep. 14. Quod non periculum metuere debemus de offensâ Domini quando aliqui de Presbyteris nec Evangelii 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
disorders absolutely forgotten and forgiven and for the more full and cleare extirpating all ground and occasion of feares of innovation of Religion We had commanded the confession of faith and band for maintenance thereof and of authoritie in defence of the same subscribed by Our deare Father and his houshold in anno 1580. to bee renewed and subscribed againe by Our subjects here Like as for settling of a perfect peace in the Church and Common-wealth of this Kingdome We caused indict a free generall Assembly to bee holden at Glasgow the 21. of this instant and thereafter a Parliament in May 1639. By which element dealing We looked assuredly to have reduced Our subjects to their former quiet behaviour and dutifull carriage whereto they are bound by the Word of God and Lawes both nationall and municipall to Us their native and Soveraigne Prince And albeit the wished effects did not follow but by the contrary by Our so gracious procedure they were rather emboldened not onely to continue in their stubborne and unlawfull waies but also daily adde to their former procedures acts of neglect and contempt of authority as evidently appeared by open opposing of Our just and religious pleasure and command exprest in Our last Proclamation anent the discharge of the Service Booke Booke of Canons high Commission c. protesting against the same and striving by many indirect meanes to withdraw the hearts of Our good people not onely from a hearty acknowledgement of Our gracious dealing with them but also from the due obedience to those Our just religious commands notwithstanding We had been formerly so oft petitioned by themselves for the same By their daily and hourely guarding and watching about Our Castle of Edinburgh suffering nothing to bee imported therein but at their discretion And openly stopping and impeding any importation of ammunition or other necessaries whatsoever to any other of Our houses within that Kingdome Denying to Us their Soveraigne Lord that libertie and freedome which the meanest of them assume to themselves an act without precedent or example in the Christian world By making of Convocations and Councell Tables of Nobility Gentry Burrowes and Ministers within the Citie of Edinburgh where not regarding the Lawes of the Kingdome they without warrant of authoritie conveene assemble and treat upon matters as well ecclesiasticall as civill send their injunctions and directions throughout the countrey to their subordinate Tables and other under-ministers appointed by them for that effect And under colour and pretext of Religion exercing an unwarranted and unbounded libertie require obedience to their illegall and unlawfull procedures and directions to the great and seen prejudice of Authority and lawfull Monarchicall government And notwithstanding it was evidently manifest by the illegall and unformall course taken in the election of their Commissioners for the Assembly whereof some are under the censure of this Church some under the censure of the Church of Ireland and some long since banished for open and avowed teaching against Monarchie others of them suspended and some admitted to the Ministerie contrary to the forme prescribed by the Lawes of this Kingdome others of them a long time since denounced Rebels and put to the Horne who by all law and unviolable custome and practique of this Kingdome are and ever have been incapable either to pursue or defend before any Judicatorie far lesse to be Judges themselves some of them confined and all of them by oath and subscription bound to the overthrow of Episcopacie And by this and other their under-hand working and private informations and perswasions have given just ground of suspicion of their partiality herein so made themselves unfit Judges of what concerneth Episcopacie And also it was sufficiently cleared by the peremptorie and illegall procedures of the Presbyteries who at their own hand by order of law and without due forme of processe thrust out the Moderatours lawfully established and placed others whom they found most inclinable to their turbulent humours associate to themselves for the choosing of the said Commissioners for the Assembly a Laick-Elder out of each Paroch who being in most places equall if not moe in number then the Ministerie made choice both of the Ministers who should be Commissioners from the Presbyteries as also of a Ruling-Elder being directed more therein by the warrants from the foresaid pretended Tables then by their owne judgements as appeares by the severall private instructions sent from them farre contrary to the Lawes of the Countrey and lowable custome of the Church by which doings it is too manifest that no calme nor peaceable procedure or course could have been expected from this Assembly for settling of the present disorders and distractions Yet We were pleased herein in some sort to blindfold Our own judgement and over-looke the saids disorders and patiently to attend the meeting of the said Assembly still hoping that when they were met together by Our Commissioner his presence and assistance of such other well disposed subjects who were to be there and by their owne seeing the reall performance of all that was promised by Our last Proclamation they should have been induced to returne to their due obedience of subjects But perceiving that their seditious disposition still increases by their repairing to the said Assembly with great bands and troupes of men all boddin in feare of warre with guns and pistolets contrarie to the lawes of this Kingdome custome observed in all Assemblies and in high contempt of Our last Proclamation at Edinburgh the 16. of this instant As also by their peremptory refusing of Our Assessors authorized by Us although fewer in number then Our dearest Father was in use to have at divers Assemblies the power of voting in this Assembly as formerly they have done in other Assemblies and by their partiall unjust and unchristian refusing and not suffering to bee read the reasons and arguments given in by the Bishops and their adherents to Our Commissioner why the Assembly ought not to proceed to the election of a Moderatour without them neither yet to the admitting of any of the Commissioners of the saids Commissioners from Presbyteries before they were heard object against the same though earnestly required by our Commissioner in our name And notwithstanding that our Commissioner under his hand by warrant from us gave in a sufficient declaration of all that was contained in our late proclamation and declaration the same bearing likewise our pleasure of the registration of the same in the books of assembly for the full assurance of the true religion to all our good subjects And yet not resting satisfied therewith lest the continuance of their meeting together might produce other the like dangerous acts derogatorie to royall authoritie we have thought good for preveening thereof and for the whole causes and reasons above-mentioned and divers others importing the true monarchicall government of this estate to dissolve and breake up the said assembly And therefore OVR will is and we
Our Commissioner acknowledged so much is all of equall untruth with the former for neither have they satisfied the Bishops reasons propounded in their Declinator nor gave they any satisfaction to Our Commissioner his eleven Articles or Demands and that Our Commissioner acknowledged that hee had received satisfaction to them is so manifest an untruth as they themselves doe know there is no colour for it They affirme within a few lines after that Our Commissioner did know before the indiction of the Assembly that ruling Elders were to have voices in the election of Commissioners from Presbyteries He did know it indeed but could not tell how to helpe it and so soone as he did know it which was immediately before the indiction of the Assembly he did sharply expostulate it with them and assured them that it would induce a nullitie upon the elections made to the Assembly That We would never allow any for members of the Assembly who were so chosen That he had notice of this their intention by the complaints of many covenanting Ministers who were resolved to protest against all such elections but that he did know of any such elections with approbation of them cannot be charged upon him And whereas they say that these elections are agreeable to the Acts and practice of that Church they have received already a sufficient challenge to make that good which undoubtedly they cannot And where they adde that not one of the Assembly doubted thereof it is well knowne that some of the Ministers of Edinburgh and many more Ministers of the Assembly did grieve at it but did not know how to remedy it The whole third Section is so derogatorie to Our Royall authoritie and indeed doth so unworthily debase the authoritie of Monarchs as it is not to be answered any way but by justice for it giveth no more power to Us if We had beene present and sitting at the Assembly at Glasgow then Thomas Patterson a Taylor of Edinburgh had who sate Commissioner there After they subjoine some reasons for their Protestation In the first they affirme that the Assembly was constituted by the word of God but they doe not prove it and sure never will Then they affirme that Our Commissioner acknowledged the lawfulnesse of their Assembly by assisting therein seven dayes but they conceale that he solemnely protested and entred his particular Protestation against every thing they said or did in it and if hee who protesteth against a thing may be said to acknowledge the lawfulnesse of it then it may be that they themselves doe acknowledge the justice and equitie of all Our Proclamations and Our power and authoritie in discharging of this Assembly notwithstanding all their Protestations made against these And for Our Commissioner his exhibition of Our Royall Declaration to be registred in the Bookes of this Assembly let the Reader remember the Protestation before mentioned which Our Commissioner made when he did so and that scruple is quickly removed Their second and third reasons are of their owne fancies They have lately sworne so and to that sense they have explicated their Covenant therefore it must be so But they did wrong in both and therefore none must follow them in either for every Oath unlawfully taken is unlawfully kept Their fourth reason hath not one true word in it for there is Law for Our authoritie to dissolve the Assembly there being an expresse Act of Parliament which giveth Us the sole power of indicting of an Assembly viz. the first act of the 21. Parliament of Our Royall Father and sure ejusdem est destituere cujus est instituere whosoever hath the power of indicting hath the power of dissolving They adde that there is no preceding practice for it We wonder they can or dare affirme it Did not Our Royall Father discharge that Assembly at Aberdene and when some few turbulent Ministers did notwithstanding hold it were they not convented before the Lords of his Councell for it who undoubtedly had punished them most severely if by their declining of the Councells authoritie and appealing to a Generall Assemblie they had not falne into an act of treason and so by Our Councell were turned over to the Judges in criminall causes before whom by a Jurie or Assise they were found guiltie of treason for that act of declining Our Royall Father and his Councells authoritie all which we touched a little before And that by clayming Our power to indict or dissolve the Assemblies of the Church We doe infringe the priviledge and liberties of the Church or doe any act not consistent with the Oath which We took at Our Coronation in that Kingdome as is suggested in this fourth reason is most falsly and most seditiously affirmed onely for drawing away of the hearts of Our good subjects from Us and our government The Act of Parliament for Our sole power of indicting Assemblies here followeth A ratification of the Acts and conclusions set down and agreed upon in the generall Assembly of the Church kept in Glasgow in the month of June 1610. together with an explanation made by the Estates of some of the Articles of the same CHAP. I. The act is long and hath many branches We only recite two First it confirmes that Act of the Assembly which acknowledgeth the indiction of the general Assemblie of the Church to appertaine to his Majestie by the prerogative of his Royall Crowne and in the last branch of the act Our Royall Father and the three Estates doe annull and rescind the 114. Act of the Parliament held in Anno 1592 which did give some power to the generall Assemblie in some cases of themselves to indict a new Assemblie Their fifth reason conteineth an instance of an Assemblie that would not stay a Processe which they had intended against Archbishop Montgomerie the Archbishop of Glasgow nor yet dissolve it selfe notwithstanding they were charged by Our Royall Father and his Councell with Letters of Horning and Rebellion to doe one of the two An excellent argument Because one Assembly did wickedly and that which they could not doe we must doe so likewise as if many yeeres hence an Assembly being charged by one of Our Successours to dissolve should not obey but alledge for their defence That this Assembly of Glasgow would not dissolve it selfe notwithstanding the members thereof were charged by Us to doe so under paine of treason as if one unjust act could justifie another But they should doe well to remember that those who did but offer to hold an Assembly at Aberdene after it was discharged by Our Royall Father were first convented before his Councell and afterwards severely punished for it In their sixth reason there is no Reason to be found In their seventh reason they alledge that they cannot rise untill they have found Our Covenant and theirs to be all one If by their Covenant they meane the Confession of Faith and Covenant annexed which was first injoyned by Our Royall Father and twice
bred distraction in the Church and State hath been graciously pleased to take the same into His royall consideration and for the quiet and peace of this countrey hath not onely dispensed with the practice of the saids articles but also discharged all and whatsoever 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 in the contrary And his Maiesty is further contented that the Assembly take the same so farre to their consideration as to represent it to the next Parliament there to be ratified as the Estates shall finde fitting And because it hath been pretended that oaths have been administrate different from that which is set downe in the acts of Parliament his Maiesty is pleased to declare by me that no other oath shall be required of any Minister at his entry nor that which is set downe in the act of Parliament And that it may appeare how carefull his Maiesty is that no corruption nor innovation shall creepe into this Church neither yet any scandall vice or fault of any person whatsoever censurable or punishable by the Assembly goe along unpunished his Maiestie is content to declare by me and assure all His good people that generall Assemblies shall be kept so oft and al 's oft as the affaires of this Church shall require And that none of His good subiects may have cause of grievances against the proceedings of the Prelates his Maiesty is content that all and every one of the present Bishops and their successors shall bee 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 Hee never intended to admit any alteration or change in the true Religion profest within this Kingdome and that they may be truely and fully satisfied of the reality of His intentions and integrity 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 His dear Father in ann 1580. and now also requireth all these of this present Assembly to subscribe the same And it is his Majesties will that this be insert and registrate in the books of Assembly as a testimony to posteritie not onely of the sincerity of His intentions to the said true Religion but also of His resolutions to maintain and defend the same and His subjects in the profession thereof Which declaration was by Our speciall command and direction given in and subscribed by Our Commissioner upon protestation made by him that his assenting to the registration hereof should be no approbation of the lawfulnesse of this Assembly nor of any of the acts or deeds done or to be done therein And finding them in like sort no wayes to be satisfied therewith and that nothing else was able to give them contentment except at their owne pleasure they were permitted to overthrow all Episcopall government in the Church and thereby to abrogate Our publike lawes standing in vigour by the space of many yeares by-gone and to alter the fundamentall government of this kingdom in taking away one of the three Estates contrary to expresse acts of Parliament And lest the continuance of their meetings might have produced other the like dangerous acts so derogatory to Royall authority We were forced for preveening thereof and for the reasons and causes above-mentioned and divers others importing true monarchicall government to dissolve and breake up the said pretended Assembly and to discharge them of all farther meeting treating and concluding any thing therein And yet in that calme and peaceable way as Our Commissioner before his removing desired their pretended Moderator for that time to have said prayer and so concluded that dayes session that so they might have had time to thinke upon the just reasons of his refusing to assist or be any longer present at the said pretended Assembly of the causes moving Us to the dissolving thereof and notwithstanding his earnest urging the same and being willing to returne the next morning to heare their answer in place of all other satisfaction to his so reasonable and moderate desires it was refused and met with a protestation of an high and extraordinary straine thereby presuming to cyte and call Our Councell in question for their dutifull assistance and obedience to Us and Our Commissioner And finding their disobedience thus to increase We were constrained to discharge them of new againe the next day thereafter by publike proclamation under the paine of treason And albeit that their contumacie is such as hath not been heard of in former times yet they shall never move Us to alter the least point or article of that We have already declared by proclamation or declaration under Our Commissioners hand All which was publikely read and by Our Commissioner required to be insert and registrate in the books of Assembly therein to remain as a testimonie to posterity not onely of the sinceritie of Our intentions to the true Religion but also of Our resolution to maintaine and defend the same and Our subjects in the profession thereof And perceiving likewise that in contempt of Our proclamation at Glasgow the 29. of November they goe still on to conveene meet and to make illegall and unwarrantable acts We have conceived it fitting to forewarne all Our good subjects of the danger that they may incurre by being insnared by these their unlawfull procedures And to this purpose doe not onely liberate and free them from all obedience to any of the pretended acts made or to be made at the said pretended assembly or Committees direct therefrom but do also free them from all pain and censure which the said pretended assembly shall inflict upon them or any of them And therefore doe discharge and prohibit all Our subjects that they nor none of them acknowledge nor give obedience to any pretended acts nor constitutions made or to bee made at the said pretended meetings under all highest paines And We command charge and inhibite all presbyteries sessions of Kirkes Ministers within this Realme that none of them presume nor take upon hand privately nor publikely in their sessions and meetings nor in their conferences sermons nor no other manner of way to authorize approve justifie or allow the said unlawfull meeting or assembly at Glasgow neither yet to make any Act thereupon nor to do any other thing private or publike which may seeme to countenance the said unlawfull Assemblie under the paine to bee repute holden and esteemed and pursued as guiltie of their unlawfull meeting and to bee punished therefore with all rigour And siclike Wee command all and
and Records that the Castle of Edinburgh was given in keeping to the house of Erskine by the King and Estates of Parliament hac lege expressa conditione ut nulli nisi conventui ordinum reposcenti traderent Eighthly this Act is not unexampled in the Christian world but hath many presidents both in the History of other Kirks and Kingdomes and of our own which hath many such examples even done by the Estates themselves whose fact doth make our right and whose authority is ratified conforme to the ancient and loveable custome in punishing rebellious subjects and preserving the faithfull Act 130. Par. 8. James 6. In the next place we are upbraided for our meetings which in the Proclamation are called Councell Tables only by that name which by ordinary expression is due to judicatories to make it beleeved that we have arrogate to our selves some unwarrantable power and authority which we neither have nor intends to doe God willing whereas the truth is that in a matter so highly importing all of us as the preservation of Religion and purity of Gods worship it was most necessary for us to meet and that in a sober modest and quiet way for deliberating with joynt advice upon those weighty businesses for the good of the Kirke his Majesties honour and peace of the Kingdome And those meetings did never emit nor send forth any authoritative command or injunctions but conclude upon such advices as might be most expedient for advancing that great businesse and facilitating the way of supplication to his Majestie and overtures for the Assembly and Parliament which was an Act lawfull and approvable in the selfe albeit the conclusions thereof did not carry the force or validity of a binding law or command which was never aimed at nor intended Which meetings they might warrantably keepe for that end being for Gods glory and removing the iust grievances of the subiects no waies prohibited by any of our municipall Lawes which disapproveth such conventions as are for disturbance of the peace or usurpation against Authority whereof neither of the two can bee alledged against these meetings Not the first because no invasion violence offer of wrong by word or deed to any person no even to those upon whom they justly complaine ensewed upon the same notwithstanding of their provocations and their feares falsly represented to his Maiesty and maliciously pretended for their stay out of the Countrey Not the second because their meetings was to consult in manner foresaid upon the most fitting and humble way of supplicating his Maiestie and for the most convenient propositions to bee represented to his Maiesty the Parliament and Assembly all which acts are most compatible with the loyalty and duty of good subjects and doe no waies intrench upon Authority seeing they can never be challenged to have assumed to themselves any judiciall determination in any matter of State Civill nor Ecclesiasticall but by voluntary instructions and opinions every one to another in a common cause of Religion did resolve what might be most conducible to their lawfull and iust ends And yet those conventions want not the warrant of Law and Authority because they consist of the Nobility Barons Burrows and Ministerie which by the fundamentall Lawes of the Land have place of proponing reasoning and voting in Parliament and Assemblies Act 113. King James the 6. Parl. 11. wherein is acknowledged that it is necessary to the King and his Estates to be truly informed of the needs and causes pertaining to His loving subjects in all estates and therefore ratifieth the Act made by King James 1 anno 1427. Giving power to Barons to propone all and sundry needs and causes and to heare treat and determine all causes to be proponed in Parliament which necessary and true information cannot be made to his Majestie and Estates without privy meeting and consultation and consequently it being granted to them to informe the King and Estates and to propone heare treat and finally determine all needs and causes to be proponed in Parliament there must be necessarily understood to be a sufficient power granted to them for meeting and advising upon that information Quia aliquo concesso omnia concessa videntur sine quibus concessum expediri nequit And as to the Ministers they have likewayes power granted to them not onely by the word of God and constitutions of the Kirke but by the King and laws of this land to propone reason and vote in Assemblies and be the samine parity of reason to keep preceding meetings not to determinate or execute but to consult upon their necessary propositions So that these lawfull meetings for the religious end suffer wrongously the invidious designation of Councell tables which is onely done for procuring misconstruction against them because at these meetings and consultations they sat about a table which posture is no wayes prejudiciall to Authority the meanest of mechanik crafts having their own tables where about they sit when they consult upon the smallest businesse importing their trade And farder these same meetings consisting of Commissioners from each Sheriffedome and body of this Estate were allowed by his Majesties Councel first and thereafter by the Commissioner his Grace In so farre as the whole subjects of this kingdome out of their resentment of the weight of this cause having numerously conveened at Edinburgh from all the parts of the kingdome that confluence of people was desired to be dissolved and directed to make choose forth of that great number of some Commissioners from each shire who might meet to represent their just grievances and desires and attend the answers thereof The third particular challenge in the Proclamation is for the illegall and unformall course taken in the election of Commissioners to the Assembly whereof some are alledged to have beene under the censure of this Kirke some under the censure of the Kirke of Ireland some banished for teaching against Monarchie others being suspended some admitted to the Ministery contrare to the laws of this kingdome others at the Horne some confined and all by oath bound to the overthrow of Episcopacie Whereunto although no answer be requisite seeing the persons thereby meaned are not specially condescended upon yet for clearing all mens mindes and showing the warrantablenesse of our proceedings it is of truth that the Assembly after particular triall which they took upon some such surmises could not finde any censured by the Kirke of Scotland or Ireland by a lawfull manner in a lawfull judicatory or for a lawfull cause but on the contrary the Assembly after carefull searching and examination found that any censure inflicted upon any of these persons in Scotland was only by a Bishop who ought to be punished for taking arrogantly on him the name of the Kirke of Scotland and that without the advice of any Presbytery but sitting in his high commission which was condemned by the laws of this Kirke and
Magistrate is described to assist and maintaine the Discipline of the Kirk and punish those civilly who will not obey the censures thereof without confounding alwayes the one jurisdiction with the other and this order of Ecclesiasticall Discipline condescended upon in generall Assemblies as warranted by divine authoritie to be execute notwithstanding any humane inhibition is set downe before the Psalmes in meeter and therefore we can never expect that his Majestie who out of his pious inclination to justice by a late Proclamation 22. September last hath declared and ordained that all His subjects both Ecclesiasticall and Civill shall be lyable to the tryall and censure of generall Assemblie or any other Judicatorie competent will now stay the execution of the lawfull and grave sentences of this nationall Kirk so comfortable to us and so necessarie for maintaining the puritie of Religion which his Majestie in the end of the Articles before mentioned hath promised to defend and His subjects in the profession thereof which is incompatible with the defence of excommunicate and obstinate persons But therefore wee are assured that his gracious Majestie will be pleased to allow that reverence and all readie obedience may bee deferred to the whole Acts Constitutions and censures of the said generall Assemblie by all His subiects who undoubtedly and necessarily are obliged to obedience of all the lawfull commands and injunctions of the mother Kirk if they would bee accounted members or sonnes thereof By all which cloud of weightie reasons the warrantablenesse of our just proceedings doth evidently appeare notwithstanding of all the arguments of challenge adduced against us in the said Proclamation And therefore for these and many other reasons Wee the members of this Assemblie in our owne names and in the name of the Kirk of Scotland whom we represent And we Noble-men Barons Gentle-men Ministers Burgesses and Commons before mentioned do solemnely declare in the presence of the everliving God and before all men and protest That our thoughts are not guiltie of any thing which is not incumbent to us as good Christians towards God and loyall Subiects towards our sacred Soveraigne And we attest God the Searcher of all hearts that our intentions and whole proceedings in this present Assemblie have beene and shall continue according to the word of God the Lawes and constitutions of this Kirk the Confession of Faith our nationall Oath and that measure of light which God the Father of light hath granted unto us and that in the sinceritie of our hearts without any preoccupation or passion That it was and is most lawfull and necessarie for us to fit still and continue in keeping this present Assemblie indicted by his Majestie untill after conclusion of all matters it bee dissolved by common consent of all the members thereof and that for trying judging and censuring all the by-gone evils and the introductors and providing a solide course of the continuance of Gods truth in this land with puritie and libertie according to his word our Oath and Confession of Faith and the lawfull constitutions of this Kirk That this Assemblie is and should bee esteemed and obeyed as a most lawfull full and free generall Assemblie of this Kingdome And that all Acts sentences constitutions censures and proceedings of this Assemblie whereof the generall and principall Acts are to bee published are in the selfe and should bee reputed obeyed and observed by all the subjects of this Kingdome and members of this Kirke as the Acts sentences constitutions censures and proceedings of a full and free generall Assemblie of this Kirke of Scotland And to have all readie execution under the Ecclesiasticall paines contained or to bee contained therein and conforme thereto in all points and such like that whosoever presumeth to utter any undutifull speech against the same may be duly censured and condignly punished We protest that all and everie member of this reformed Kirk efoldly and faithfully joyne and concurre in their severall callings and stations to advance further and assist the execution and obedience of the whole Acts of this Assemblie by all meanes which their abilitie can afford as they affect the advancement of Gods glorie and the work of reformation in this land We protest against all the challenges and aspersions laid upon us in the said Proclamation and that our whole answers are not onely true in everie point but likewise sufficiently forcible to deliver us from all unjust imputations and to justifie the lawfulnesse and necessitie of our whole proceedings and carriage which hath beene so unreasonably blamed Likeas by these presents we summond and cyte all those of his Majesties Councell or any other who have procured consented subscribed or ratified this present Proclamation to bee responsable to his Majestie and three Estates of Parliament for their counsell given in this matter so highly importing his Majestie and the whole Realme conforme to the 12. Act. Parl. 2. King James 4. And protest for remead of Law against them and everie one of them We protest that it is and may be lawfull unto us to defend and maintaine the Religion Lawes and Liberties of this Kingdome the Kings authoritie in defence thereof and everie one of us another in that cause according to our power vocation and Covenant with our best counsell bodies lives meanes and whole strength against all persons whomsoever and against all externall and internall invasions and that in the obedience and observance of the Acts of this Assemblie and nationall mother Kirk That whatsoever inconvenients shall fall out by impeding molesting or staying the observance and obedience due to the Acts Ordinances and Conclusions of this Assemblie or execution to follow thereupon that the same be not imputed unto us or any of us in our lawfull defence and maintenance thereof who most ardently desired the concurrence of his Majesties Commissioner to this lawfull Assemblie and do yet still with humble vehemencie beg his Majesties gracious approbation thereunto but on the contrarie that the Prelats and their adherents who have protested and declined this present Assemblie in conscience of their owne guiltinesse not daring abide to any legall tryall and by their misinformation did move the Commissioner his Grace to depart and discharge this Assemblie be esteemed repute and holden as they truly are the disturbers of the peace and overthrowers of the liberties of the Kirke and guiltie of all the evils which shall follow hereupon and condignly censured according to the greatnesse of their faults and Acts of the Kirke and Realme Wee protest that none hereafter subscribe the Covenant formerly subscribed by the Commissioner his Grace in Councell as they will eschew the danger of a contradictorie Oath but that all everie one subscribe the Covenant renewed in Februarie last And that with this sense meaning and condition that they subscribe the same conforme to the determination and declaration of this Assemblie at Glasgow allanerly We protest that as we adhere till
members of the Assembly alledged to be under censure * Who have made the Covenanters Judges of the lawfulnesse either of the judicatorie or the cause especially what an intolerable presumption is it in them to judge Our judicatories in Ireland †But they know that many members of that Assembly were denounced Our rebells and put to Our Horne long before Our Assembly was thought on Anent the alledged instruments sent from the Tables * Not from their publick meetings for they durst not for feare it should be known but from a cabinet meeting consisting of them who led the rest by the nose whose names We know and shal be knowne to all in due time †If it be forged it is forged by none but Covenanters who from many severall shires in the kingdome did send copies of the same written in the same words to Our Commissioner and others and yet those Covenanters did not know one of anothers sending * There was no man in the Assembly who offered any such oath as is here alledged Wee doubt not but there were many members of the Assembly who might have taken that oath safely because they were indeed never acquainted with these papers but Our Commissioner if he had beene put to it by the Assembly could have named many especially some of the Nobilitie Gentrie and Ministers who could not have taken that oath without perjurie and since it is now denyed they shal be named in due time and place * First this nor the eighth was not published in their publicke instructions for it would have offended many Covenanters who were both Chapter-men and Chappel-men and therefore they acknowledging it to be one of their instructions must needs confesse it to be amongst their private ones But a wonder it is that men should not be ashamed to avow in print this their false and partiall dealing for this instruction concerning Chapter-men and Chappel-men was only given to barre some moderate covenanting Ministers from being chosen Commissioners for notwithstanding this instruction Master Ramsey who both was one of the Chapter of Edinburgh and Subdeane of Our Chappell and Rollock who was Prebend of the same Chapter and one of our Chaplains who duely preached his turnes in Our Chappell and some others fierce and fiery revolted Chaptermen and Chappel-men were chosen Commissioners though the reason here expressed was as strong against them as against the rest Anent our going to Glasgow with alledged numbers and weapons * Most false Anent our refusall of Assessors and of the Bishops Declinator †It is a bold and impudent speech to affirm that Our royall Father kept unlawfull Assemblies especially when some of them are confirmed by Parliament Anent his Majesties declaration wherein it is not satisfactorie * God never put it in their hands but the Devill who is the author of all sedition and rebellion * But never without the authoritie of Us and Our Successours †The confession of faith and band annexed upon which their covenant is grounded were injoyned at the first only by the authoritie of Our royall Father and his Councell and so these Books were commanded by as good Authoritie as those * It may not and the holding of the contrary is a false and Jesuiticall position * A fearefull proposition in deed it is to hold Episcopall government to be an uncontroverted government which hath continued in the Church ever since the time of Christ and his Apostles without the least suspicion of controversie until within these few yeeres * But they do not declare all the truth for of twenty Lords of the Session onely foure did it but the rest who were present did the contrary Anent Episcopall government and the other generall reasons * The reasons contained in that Act are infallibly false Anent his Graces intention to returne * Most false Anent our sitting still after the Commissioners discharge * That Assembly is but one instance and a very reprovable one The Ministers of the pretended Assembly at Aberdene did the same and were most severely punished for it Anent our cytation of Councellours Anent the injunctions and Proclamation and our answer thereunto a They should do well to try if they can answer it and the Queries of Aberdene better for the common opinion is that neither of them yet are answered at all b All these texts of Scripture are prophaned and abused for no such thing can either possibly or probably be inferred from them * It is well that they will cite the Pope his Law whom they call Antichrist for when any thing is objected against them out of the Canon Law it is usuall with them to reject that as Popish and Anti-christian †Nay but the pretended Assembly hath erected a Popedome and for their authority goe upon the same grounds and use the very same arguments and abuse the very same places of Scripture which the Pope and the learnedst Patrons of the Pope doe for robbing of Princes of their Authority over all Ecclesiasticall persons and causes in their severall Dominions The words which next follow are meere babling * By the greatest but the worst part of the Kingdome * The sentences of this pretended Assembly were most unlawfull light and mad sentences * It seemes indeed that these reasons are wrapped up in a cloud for both they are so dark as they cannot be discerned and they doe portend a storme but have no weight in them at all a These particular Protestations are the very same formerly made by them and so often repeated even unto tediousnesse and therefore the Reader needeth not to be troubled any more with them
of that employment by their places or such as are legally disabled to sit and decide in an Assemblie of the Church a meeting consisting of such members cannot be thought a free and lawfull Assemblie By that Act of Parliament Ja. 6. par 3. cap. 46. 1572. Everie Minister who shall pretend to be a Minister of Gods Word and Sacraments is bound to give his assent and subscription to the Articles of Religion contained in the Acts of our Soveraigne Lords Parliament and in presence of the Archbishop Superintendent or Commissioner of the Province give his oath for acknowledging and recognoscing of our Soveraigne Lord and his authoritie and bring a testimoniall in writing thereupon and openly upon some Sunday in time of Sermon or publike Prayers in the Kirk where hee ought to attend read both the testimoniall and Confession and of new make the said oath within a month after his admission under the paine that every person that shall not do as is above appointed shall ipso facto bee deprived and all his Ecclesiasticall promotions and living shall bee then vacant as if he were then naturally dead and that all inferiour persons under Prelats be called before the Archbishops Bishops Superintendents and Commissioners of the Dioceses or Province within which they dwell as the Act beares All of the Clergie conveened to this Assemblie pretend themselves to be Ministers of Gods Word and Sacraments and have benefices or other Ecclesiasticall livings yet neverthelesse the most part of them have never in presence of the Archbishop Bishop Superintendent or Commissioner of the Diocese or Province subscribed the Articles of Religion contained in the Acts of Parliament and given their oath for acknowledging and recognoscing our Soveraigne Lord and his authority and brought a testimoniall thereof and therefore they are ipso facto deprived and their places voyd as if they were naturally dead and consequently having no place nor function in the Church cannot be Commissioners to this Assembly hoc maximè attento that the said persons not onely have never given their oath for acknowledging his Majesties authority nor can shew no testimoniall thereupon as they are bound by the said Act but also having as subjects comprehended in the representative body of this Kingdome Promised to acknowledge obey maintain defend advance the life honour safety dignity soveraigne authority and prerogative Royall of his soveraigne Majesty his heires and successours and priviledges of his Highnesse Crowne with their lives lands and goods to the uttermost of their power constantly and faithfully to withstand all and whatsoever persons powers and estates who shall presume prease or intend any wise to impugne prejudge hurt or impaire the same and never to come in the contrary thereof directly or indirectly in any time comming as the Acts of Parliament Jacob. 6. Parl. 18. Cap. 1. Car. Parl. Cap. 1 doe proport And moreover being obliged at their admission to give their oath for performance of this duty of their allegeance and to testifie and declare on their conscience that the King is the lawfull supreme Governour as well in matters spirituall and Ecclesiasticall as temporall and to assist and defend all jurisdiction and authority belonging to his Majestie by the Act of Parl. 1612. yet notwithstanding of the said bands acts and promises whereby the said persons are so strictly bound to the performance of the premises his Majestie having ordained by Act of Councell at Holy-rood-house Septem 24. 1638. and proclamations following thereupon that all his Majesties lieges of whatsoever estate degree or quality Ecclesiasticall or Temporall should sweare and subscribe the said Confession together with a generall band for defending his Majesties person and authority against all enemies within this Realme or without have not onely refused to subscribe the said band and Confession but have in their Sermons and other speeches disswaded deterred impeded and hindred others of the lieges to subscribe the same and publickly protested against the subscription thereof and thereupon cannot conveen nor concurre lawfully to the making up of the body of an Assembly of the Kirk as being deprived and denuded of 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 Commissioners directed to this Assembly supposed to bee 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 bee lawfull for them as at other times so at this to assemble themselves notwithstanding any impediment or prorogation to the contray as also by continuing their meetings and Table discharged by authority refusing to subscribe the band according to his Majesties and Councels command for maintaining his Majesties Royall person and authority protesting against the same still insisting with the lieges 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 forfeit the favour of this Assembly and liberty to bee 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. James 6. Parl. 15. cap. 31. Prelacies being declared to be one of the three Estates of this Kingdome and by the Act of Parl. James 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 comming 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 been in use in all Assemblies where they were present as appeares by many Acts of the generall Assemblie ordaining them to keep 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 Septemb. 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 wee 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 Clergy 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 Moderatours 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 Moderatours 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 Moderatours 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 him out of every Session and Parish who being ordinarily the Lord of the Parish or a man of the greatest authority in the bounds doth over-rule in the election of the said Commissioners 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 remain 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 necessarie and providing expresly that they should not be equall but fewer in number then the Pastours as by Act of Assembly at Saint Andrews April 24. 1582. where Master Andrew Melvill was Moderatour doth appeare Like as these fourty yeares by gone and upwards long before the re-establishing of Bishops these lay-elders have not been called at all to Presbyteries And by the Act at Dundie 1597. whereby it is pretended that Presbyteries have authoritie to send these lay Commissioners it doth no way 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 general Assembly nor have lay elders sate ordinarily in Presbyteries upon any occasion these fourty yeares and upwards nor ever had any place nor voyce in the election of Ministers for the generall Assembly and consequently those chosen by them to this Assembly have no lawfull power nor authority Beside the persons Ecclesiasticall pretended to be authorized Commissioners to this Assemblie have so behaved themselves that justly they may be thought unworthy and uncapable of Commission to a free and lawfull Assemblie 1. For that by their seditious and railing Sermons and Pamphlets they have wounded the Kings honour and Soveraigne authoritie and animated his liedges to rebellion averring that all authoritie Soveraigne is Originally in the collective bodie derived from thence to the Prince and that not onely in case of negligence it is Suppletivè in the collective bodie as being communicate from the Commontie to the King Cumulativè not Privativè but also in case of mal-administration to returne to the collective bodie so that Rex excidit jure suo and that they may refuse obedience 2. Next they are knowne to bee such as have either beene schismatically refractorie and opposite to good order setled in the Church and State or such as having promised subscribed and sworne obedience to their Ordinarie have never made conscience of their oath or such as have sworne and accordingly practised yet contrarie to their promise and practice have resiled to the contempt of authoritie and disturbance of the Church or such as are under the Censures of the Church of Ireland for their disobedience to order or under the Censures of this Church or conveened at least deserving to bee conveened before the Ordinaries or a lawfull generall Assemblie for divers transgressions deserving deprivation As first for uttering in their Sermons rash and irreverent speeches in Pulpit against his Majesties Councell and their proceedings punishable by deprivation by the Act of Assemblie at Edinburgh May 22. 1590. Next for reproving his Majesties Lawes Statutes and Ordinances contrarie to the Act of Assembly at Perth Maii 1. 1596. Thirdly for expressing of mens names in Pulpit or describing them vively to their reproach where there was no notorious fault against another Act of the same Assemblie Fourthly for using applications in their Sermons not tending to the edification of their present Auditorie contrarie to another Act of the same Assemblie Fifthly for keeping conventions not allowed by his Majestie without his knowledge and consent contrarie to another Act of the same Assemblie Sixthly for receiving of people of other Ministers flocks to the Communion contrary to order Acts of Assemblies and Councels Seventhly for intruding themselves into other mens Pulpits without calling or authoritie Eighthly for usurping the authoritie to convent their Brethren and proceed against them to the Censures of suspension and deprivation Ninthly for pressing the people to subscribe a Covenant not allowed by authoritie and opposing and withstanding the subscribing of a Covenant offered by his Majestie and allowed by the Councell Beside many personall faults and enormities whereof many of them are guiltie which in charitie we forbeare to expresse But hereby it doth appeare how unfit these persons are to be members of a free and lawfull Assemblie Nor doth it stand with Reason Scripture or practice of the Christian Church that Lay-men should be authorized to have decisive voice in a generall Assemblie In that Act of Dundie 1597. whereby these Elders pretend to have this place there is no warrant expressed for them to deliberate and determine Their presence and assistance wee approve being allowed and authorized by the Prince The Kings Majesties presence in person or by his delegates wee hold most necessarie to see all things orderly and peaceably done and that hee have the chiefe hand in all Deliberations and Determinations Nor do we refuse that any intelligent or moderate man may make remonstrance of his opinion with the reasons of it in that way that becommeth him
by his Highnes and three Estates in parliament are discharged and whereby it is defended That none of his highnes subjects of whatsoever qualitie estate or function they bee of spirituall or temporall presume or take upon hand to convocate conveen or assemble themselves together for holding of councels conventions or assemblies to treat consult or determinate in any matter of estate civill or ecclesiasticall except in the ordinary judgements without his Majesties speciall commandment or expresse licence had and obtained to that effect By the 132. act of the said parliament authorizing Bishops to try and judge ministers guilty of crimes meriting deprivation By the 133. act of the same parliament ordaining Ministers exercing any office beside their calling to be tried and adjudged culpable by their Ordinaries By the 23. act of the parliament 1587. whereby all acts made by his highnesse or his most noble progenitors anent the Kirk of God and religion presently professed are ratified By the 231. act of the parliament 1597. bearing That our Soveraigne Lord and his highnesse estates in parliament having speciall consideration of the great priviledges and immunities granted by his highnesse predecessors to the holy Kirk within this realme and to the speciall persons exercing the offices titles and dignities of the prelates within the same Which persons have ever represented one of the estates of this realme in all conventions of the said estates and that the said priviledges and freedomes have been from time to time renued and conserved in the same integritie wherein they were at any time before So that his Majestie acknowledging the same to he fallen now under his Majesties most favourable protection therefore his Majesty with consent of the estates declares that the Kirk within this realme wherein the true Religion is professed is the true and holy Kirk And that such ministers as his Majestie at any time shall please to provide to the office place title and dignitie of a Bishop c. shall have vote in parliament sicklike and al 's freely as any other Ecclesiasticall prelate had at any time by-gone And also declares that all bishopricks vaicking or that shall vaick shall be only disponed to actuall preachers and ministers in the kirk or such as shal take upon them to exerce the said functiō By the 2. act of the parliament 1606. whereby the ancient and fundamentall policie consisting in the maintenance of the three estates of parliament being of late greatly impaired and almost subverted especially by the indirect abolishing of the Estate of Bishops by the act of annexation Albeit it was never meaned by his Majestie nor by his estates that the said estate of bishops being a necessary estate of the parliament should any wayes be suppressed yet by dismembring and abstracting from them of their livings being brought in contempt and povertie the said estate of bishops is restored and redintegrate to their ancient and accustomed honour dignities prerogatives priviledges lands teindes rents as the same was in the reformed kirk most amply and free at any time before the act of annexation rescinding and annulling all acts of parliament made in prejudice of the said bishops in the premisses or any of them with all that hath followed or may follow thereupon to the effect they may peaceably enjoy the honours dignities priviledges and prerogatives competent to them or their estate since the reformation of religion By the 6. act of the 20. parliament declaring that archbishops and bishops are redintegrate to their former authority dignitie prerogative priviledges and jurisdictions lawfully pertaining and shall be knowne to pertain to them c. By the 1. act of the parliament 1617. ordaining Archbishops and Bishops to be elected by their Chapters and no other wayes and consecrate by the rites and order accustomed This is the Explanation and now followeth their answer which shall receive no reply as being confident that there is nothing in it that hath weakened any thing contained in the five reasons Onely where there is any new or dangerous position of theirs or any other thing which may seeme with any shew fit to be observed you shall finde it noted upon the margine as it here ensues AN ANSVVER TO THE PROFESSION AND DECLARATION Made by JAMES Marquesse of HAMILTON His MAIESTIES high Commissioner at Edinburgh An. 1638. in December THis ancient Kingdome although not the most flourishing in the glory and wealth of the World hath been so largely recompensed with the riches of the Gospel in the reformation and puritie of Religion from the abundant mercy free grace of our GOD towards us that all the reformed Kirks about us did admire our happinesse And King JAMES himselfe of happy memory gloried that he had the honour to be born and to be a King in the best reformed Kirk in the world Those blessings of pure doctrine Christian government and right frame of discipline we long enjoyed as they were prescribed by GODS own word who as the great Master of his family left most perfect directions for his own oeconomie and the whole officers of his house till the Prelats without calling from GOD or warrand from his word did ingire themselves by their craft and violence upon the house of GOD. Their craftie entry at the beginning was disguised under many cautions and caveats which they never observed and have professed since they never intended to observe though they were sworn thereto Their wayes of promoving their course were subtile and cunning as in abstracting the registers of the Kirk wherein their government was condemned in impeding yearly generall Assemblies whereunto they were subject and comptable and generally in enfeebling the power of the Kirk and establishing the same totally in their own persons whereby in a short time they made such progresse that being invested in the prime places of estate and arming themselves with the boundlesse power of the high Commission they made themselves lords over GODS inheritance and out of their greatnesse without any shew of order or Councell without advise of the Kirk but at their own pleasure enterprised to alter and subvert the former doctrine and discipline of this Kirk and introduce many fearefull corruptions and innovations to the utter overthrow of Religion and to make us no lesse miserable then we were happy before These pressing grievances did at length awake the good Subjects to petition his Majesty and his Councell for redresse And albeit at last after many reiterated supplications and long attendance his Majestie hath been graciously pleased to grant a free generall Assembly yet in the beginning by the credit of the Prelates and their commoditie of accesse his Royall eare was long stopped to our cryes and wee discharged under the paine of treason to meet for making any more remonstrances of our just desires In this distresse none other mean nor hope of redresse being left wee had our recourse to GOD who hath the hearts of all Kings and Rulers in his hand and
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