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
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
of your Soveraignes gracious promises let this paper which I deliver to the Clerke to be read witnesse it to you all which I am sure you cannot chuse but receive with all thankfulnesse and dutifull acknowledgement of his Majesties pietie goodnesse and clemencie unlesse all Religion and goodnesse be quite banished out of this Land Here the Clerke publiquely read the paper which followeth THe Kings Majesty being informed that many of his good subjects have apprehended that by the introducing of the Service Booke and Booke of Canons the in-bringing of Poperie and Superstition hath been intended hath been graciously pleased to discharge like as by these he doth discharge the Service Booke and Booke of Canons and the practice of them or either of them And annulleth and rescindeth all Acts of Councell Proclamations and all other Acts and Deeds whatsoever that have been made and published for establishing them or either of them And declareth the same to be null and to have no force nor effect in time comming The Kings Majestie as he conceived for the ease and benefit of his subjects established the high Commission that thereby justice might be ministred and the faults and errours of such persons as are made liable thereto taken order with and punished with the more conveniencie and lesse trouble to the people But finding his gracious intentions therein to be mistaken hath been pleased to discharge like as by these presents he doth discharge the same and all acts and deeds whatsoever made for establishing thereof And the Kings Majestie being informed that the urging of the five Articles of Perthes Assembly hath bred distraction in the Church and State hath been graciously pleased to take the same to his Royall consideration and for the quiet and peace of this Countrie hath not onely dispensed with the practice of the said Articles but also discharged all and whomsoever persons from urging the practice thereof upon either Laicke or Ecclesiasticall person whatsoever And hath freed all his subjects from all censure and paines whether Ecclesiasticall or Secular for not urging practising or obeying them or any of them notwithstanding of any thing contained in the Acts of Parliament or generall Assembly to the contrary And his Majestie is further contented that the Assembly take the same so far into their consideration as to represent it to the next Parliament there to bee ratified as the Estates shall find fitting And because it hath been pretended that oathes have been administred different from that which is conceived in the Acts of Parliament his Majestie is pleased to declare by Me that no other oath shall be required of any Minister at his entry then that which is set downe in the Act of Parliament And that it may appeare how carefull his Majestie is that no corruption or innovation shall creep into this Church neither yet any scandall vice or fault of any person whatsoever censurable or punishable by the Assembly goe unpunished his Majestie is content to declare by Mee and assure all his good people that generall Assemblies shall be kept so oft as the affaires of this Church shall require And that none of Our good subjects may have cause of grievances against the proceedings of the Prelates his Majestie is content that all and every one of the present Bishops and their Successors shall be answerable and accordingly from time to time censurable according to their merits by the generall Assembly And to give all his Majesties good people full assurance that he never intended to admit any alteration or change in the true Religion professed within this Kingdome and that they may bee truly and fully satisfied of the reality of his intentions and integritie of the same his Majestie hath been pleased to require and command all his good subjects to subscribe the confession of faith and band for maintenance thereof and of his Majesties person and authority formerly signed by Our deare Father in anno 1580. and now likewise requireth all those of this present Assembly to subscribe the same And it is his Majesties will that this be inserted and registred in the Bookes of Assembly as a testimony to posteritie not onely of the sinceritie of his intentions to the said true Religion but also of his resolution to maintaine and defend the same and his subjects in the profession thereof Subscribitur HAMILTOUN AFter the reading whereof Our Commissioner went on and added I have you see subscribed that paper with mine owne hand and to make his Majesties Religion Grace Goodnesse and the Zeale which hee hath to settle the peace of this Church and Kingdome knowne to all succeeding generations I doe require that it bee entred into your ordinarie Bookes of Assembly but with this provision That this my assent to the Act of registring this his Majesties Declaration shall be no approbation of the lawfulness of this Assembly or of any other Act made or to be made in it but that all Protestations made or to be made against this Assembly in all other acts and proceedings thereof shall stand in full force and effect And of the delivery of this paper containing his Majesties gracious offers into the hands of the Clerke of the Assembly and of my requiring it to be registred in the Bookes of the same as also of my Protestation against the lawfulnesse of this Assembly in all other Acts I take publique instruments in the hands of the Clerke of Our Soveraigne Lord his Register and require him to make an act thereof Which being done the Moderatour in a short speech acknowledged Our speciall goodnesse in granting the particulars contained in the paper promising it should be registred in the bookes of assembly and desired to goe on with the businesse of the assembly But Our Commissioner told them hee must goe on with them no more for now the sad part was behind viz. That since they had brought Lay-Elders to give voices in this assembly a thing not practised before or at least dis-used so long that no man present had seen it the Ministers sitting here as Commissioners were chosen by Lay-Elders a thing never heard of before in this Church all the persons having voices here were before the elections designed by the Tables at Edinburgh all others by their expresse directions barred these few Commissioners sent hither but not chosen according to their designation were by their cavills made for that purpose set aside and not admitted to have voices the Bishops cyted hither were to bee judged by the very same persons who had pre-judged and condemned them at their Tables hee attested heaven and earth whether this could bee imagined to be any way a free Assembly and therefore called God to witnesse that they themselves were the cause and the only cause why this Assembly could not have that happy issue which We heartily wished and why the Bishops could receive no censure from them in regard of these their sinister proceedings for how could any man expect justice
that barbarous insurrection which was raised the next day sufficiently testifie On the eighteenth of October 1637. the Bishop of Galloway and Sir VVilliam Elfinston Lord chiefe Justice of that Our Kingdome being appointed by the Lords of Our Councell to examine witnesses in a cause depending before them betweene Francis Stuart sonne to the late Earle of Bothwell and divers others the Bishop was peaceably passing along the street towards the Councell-house where the examinations were to be taken But suddenly an inraged multitude surrounded him and followed him with fearfull cursings and exclamations close to the Councell-house doore where hee was againe incountred afresh with a new troupe who watched and lay in wait for his comming thither and whose furie exceeded words for in all probabilitie the Bishop had beene pulled in peeces by them if by divine providence he had not beene defended by the said Francis Stuart who with much adoe got the Bishop within the doores of the Councell-house where Our Lord chiefe Justice staied for him But when hee was there that place of highest Reverence within that Our Kingdome was no Sanctuarie for him for they continued demanding his person and threatning him with death The report hereof and the danger of their Lords life was brought by some of the Bishops servants presently to the Earle of Traquair Our Lord Treasurer and the Earle of Wigton one of the Lords of Our Councell who were then at a lodging not farre from thence They came presently with their followers to the reliefe of the Bishop but verie hardly for the croud of the mutiners could approach the Councell-house where hee was at last when with much adoe they got entrance they found themselves in no better case then the Bishop was for the peoples furie meeting with no proportionable resistance increased the more The Lords thus beset in Our Councell-house sent privately to the Lord Provost Bailiffes and Councell of Edinburgh who were then assembled in their owne Councell-house requiring them to come to their rescue and to take some present order for their safetie They by one Sir Thomas Thompson who indeed was an eye witnesse of the truth of it returned this answer That they were in the same if not a worse case themselves if the Lords without did not presently pacifie the inraged multitude that the whole streets were pestred with disorderly people that their Councell-house was beset without and thronged within with their owne threatning Citizens who had vowed to kill all within their house unlesse they did presently subscribe to a paper presented to them which for feare of their lives they were forced to doe Which paper contained these three particulars First that they should joyne with them in opposition to the Service Book and in petitioning Us for that purpose Secondly that by their authoritie they should presently restore unto their Pulpits and places Master Ramsey and Rollock their two silenced Ministers Thirdly that they should restore unto his place one Henderson a silenced Reader No doubt three most important grounds for such a fearfull sedition No better answer being returned the Lord Treasurer and the Earle of Wigton with their followers resolved to go up to the Towne Councell-house and to use the uttermost of their authoritie or if that found no respect their best perswasions for settling the present sedition When they came thither they found the Magistrates verie much discomposed greatly perplexed as much doubting whether they should ever escape from the place with their lives yet they presently entred into consultation with them about what was fittest to be done in such an exigent and finding now that the publike divulging of that paper which the Magistrates and Councell of the Citie had subscribed and that the open proclamation of it throughout all their turbulent troupes and at the Crosse had a little asswaged their furious rage the Lords begun to advise with the Magistrates what was best to bee done for the safetie of the Bishop of Galloway whom they had left besieged in the Councell-house It was thought fit by all that the Lords should returne to Our Councell-house and containe themselves therein till the Magistrates might try what they could do for calming the commotion in the streets But no sooner had the Lords presented themselves to the streets but they were received with such violence as they were forced to retire untill such time as two of the Bailiffes with their Serjeants and Officers and such others as they got to attend them accompanying the Lords and repeating to the multitude what had beene yeelded to in the paper exhibited to them a little way was made at first But presently when they entred upon the great street the barbarous multitude run most inragedly upon them Their out-cries were horrible and confused but were as much as in such a confusion could be distinguished God defend all those who will defend Gods cause and God confound the Service Book and all the maintainers of it The Lords being in present and imminent danger assured the people that they would represent their grievances to Us for when they perceived that the people refused to obey any commandement which was laid upon them in Our name and that they sleighted their requiring of them to retire unto their owne houses and to behave themselves as quiet and good subjects under paine of Our highest displeasure they were glad then to betake themselves to intreaties and plausible perswasions but all in vaine For the people still increased their furie and that to such a height as that the Lord Treasurer was throwne downe his hat cloak and white staffe pulled from him so that if by the strength of some about him he had not beene presently pulled up againe upon his feet he had undoubtedly been trode to death and in that posture without hat or cloak like a notorious malefactour was he carried by the croud to Our Councell-house doore where the Bishop of Galloway and others of Our Councell were imprisoned in great feare and expecting the Lords returne for their reliefe Not long after the Provost and Bailiffes came thither to them told them they had used their uttermost power and perswasions with the best ablest and of the prime esteeme of all their Citizens for the appeasing of the present tumult and securing their Lordships persons but could finde no concurrence nor obedience Whereupon the Lords resolved to send for some of the Noblemen and Gentrie and others who were now frequently assembled for assisting the petition against the Service Book to try what help they would or could contribute for quieting the inraged people and what assistance they might expect from them in freeing them from the present danger They being sent for came to the Lords and declared unto them how much they were unsatisfied with the present mutinie offered their persons and power for securing them from all violence which the Lords in Our Councell-house accepting of with much adoe being guarded by them whom the people
their Protestation against Our Proclamation as if both had been made by the same authoritie And if this now were not a higher act of Rebellion then either the first tumult raised in the Churches against which they so much declamed or the second insurrection at Edinburgh which they so much disclamed Wee leave it to the world to judge The copies both of Our Proclamation and their Protestation We have here inserted that themselves as well as others may see that We wrong not the truth CHARLES by the grace God King of great Britaine France and Ireland defender of the faith c. To Our Lovits c. Our Sheriffes in that part conjunctly and severally specially constituted greeting For as much as Wee out of Our Princely care of maintenance of the true Religion already professed and for beating downe of all superstition having ordained a Book of Common prayer to be compiled for the generall use and edification of Our subjects within Our ancient Kingdome of Scotland the same was accordingly done In the performing whereof We took great care and paines So as nothing past therein but what was seene and approved by Us before the same was either divulged or printed assuring all Our loving subjects that not onely Our intention is but even the verie Book will be a readie meanes to maintaine the true Religion alreadie professed and beat out all Superstition Of which We in Our owne time do not doubt but in a faire course to satisfie Our good subjects But having seene and considered some Petitions and Declarations given in to Our Councell against the said Book and late Canons of the Church We find Our Royall Authoritie much injured thereby both in the matter and in the carriage thereof whereby We conceive these of Our Nobility Gentrie Burroughs Ministers and others who kept and assisted these meetings and Convocations for contriving and forming the said Petitions or who have subscribed the same to deserve and bee liable to Our high censure both in their persons and fortunes as having conveened themselves without either Our consent or authoritie Yet because We beleeve that what they have done herein is out of a preposterous zeale and not out of any disloyaltie or disaffection to Soveraigntie We are graciously pleased in so farre as concernes these meetings for consulting or subscribing of these Petitions or presenting the same to any Judge or Judges in Our said Kingdome to dispense therewith and with what may bee their fault or errour therein to all such as upon signification or declaration of Our pleasure shall retire themselves as becommeth good and dutifull subjects To which purpose Our will is and We charge you straightly and command that incontinent these Letters seene you passe and in Our name and authoritie make intimation hereof to all Our lieges and subjects by open Proclamation at all places needfull wherethrough none pretend ignorance thereof And therewith also That you in Our name and authoritie discharge all such convocations and meetings in time comming under the paine of treason And also that you command and charge and inhibit all Our lieges and subjects that none of them presume nor take in hand to resort nor repaire to Our Burgh of Sterling nor to no other Burgh where Our Councell and Session sits till first they declare their cause of comming to our Councell and procure their warrant to that effect And further that you command and charge all and sundrie Provosts Bailiffes and Magistrates within Burgh That they and everie one of them have a speciall care and regard to see this Our Royall will and pleasure really and dutifully obeyed in all points And that no violation thereof be suffered within their bounds under all highest paine crime and offence that they may commit against Us in that behalfe As also that you command and charge all and sundrie Noblemen Barons Ministers and Burrowes who are not actuall indwellers within this Our Burgh and are not of the number of the Lords of our privie Councell and Session and members thereof and are already within this Our Burgh that they and everie one of them remove themselves and depart and passe forth of Our said Burgh and returne not againe without the warrant aforesaid within six houres after the publication hereof under the said paine of treason And as concerning any Petitions that hereafter shall be given unto Us upon this or any other subject Wee are likewise pleased to declare that We will not shut Our eares therefrom so that neither the matter nor forme be prejudiciall to Our Regall Authoritie The which to do We commit to you conjunctly and severally Our full power by these Our Letters delivering the same by you duely execute and indorsed againe to the bearer Given under Our signet at Sterling the nineteenth day of February And of Our Reigne the thirteenth yeere 1638. Per actum Secreti Concilii Here followeth their Protestation For God and the King WE Noblemen Barons Ministers Burrowes appointed to attend his Majesties answer to our humble Petition and complaint and to preferre new grievances and to do what else may lawfully conduce to our humble desires That whereupon the 23. of September last wee presented a Supplication to your Lordships and another upon the 18. of October last and also a new Bill relative to the former upon the 19. of December last and did therein humbly remonstrate our just exceptions against the Service Book and Book of Canons and also against the Arch-bishops and Bishops of this Kingdome as the contrivers maintainers and urgers thereof and against their sitting as our Judges untill the cause be decided earnestly supplicating withall to bee freed and delivered from these and all other innovations of that kinde introduced against the laudable Lawes of this Kingdome as that of the High Commission and other evils particularly mentioned and generally contained in our foresaid supplications and complaints and that this our partie delinquent against our Religion and Lawes may be taken order with and these pressing grievances may be taken order with and redressed according to the Lawes of this Kingdome as by our said supplications and complaints more largely doth appeare With the which on the 19. of December last we gave in a Declinator against the Arch-bishops and Bishops as our parties who by consequence could not be our Judges wherupon your Lordships declared by your Act at Dalkeith the said 19. of December that you would present our Petitions to his Majesties Royall consideration and that without prejudice of the Declinator given in by us the said supplicants wherupon we should be heard at place and time convenient And in the meane time should receive no prejudice as the said Act in it selfe beareth And whereas we your Lordships supplicants with a great deale of patience and hope also grounded on sundry promises were expecting an answere to these our humble desires and having learned that upon some directions of His Majesties anent our supplications and complaint unto your
Lordships of the Secret Councell your Lordships admits to the consulting and judging anent our supplications and His Majesties answere thereunto the Archbishops and Bishops our direct parties contrarie to our Declinator first propounded at Dalkeith and now renewed at Sterling and contrarie to your Lordships Act aforesaid at Dalkeith and contrarie to our Religion and Lawes and humble supplications Therefore lest our silence be prejudiciall to this so important a cause as concernes Gods glorie and worship our Religion Salvation the Lawes and Liberties of this Kingdome or derogatorie to the former supplications and complaints or unanswerable to the trust of our Commission out of our bound dutie to our God our King and native Countrey we are forced to take instruments in Notaries hands of your Lordships refusall to admit our Declinator or remove these our Parties and to protest in manner following First That we may have our immediate recourse to our sacred Soveraign to present our grievances and in a legall way to prosecute the same before the ordinarie competent Judges Civill or Ecclesiasticall without any offence offered by us or taken by your Lordships Secondly VVe protest that the said Archbishops and Bishops our Parties complained upon cannot be reputed or esteemed lawfull Judges to fit in any Judicatorie in this Kingdome Civill or Ecclesiasticall upon any of the supplicants untill after lawfull tryall judicially they purge themselves of such crimes as we have already laid to their charge offering to prove the same whensoever His Sacred Majestie shall please to give us audience Thirdly VVe protest that no Act nor Proclamation to follow thereupon past or to be past in Councell or out of Councell in presence of the Archbishops and Bishops whom we have already declined to be our Judges shall any wayes be prejudiciall to us the supplicants our persons estates lawfull meetings proceedings or pursuits Fourthly VVe protest that neither we nor any whose heart the Lord moveth to joine with us in these our supplications against the foresaid Innovations shall incurre any danger in life lands or any Politicall or Ecclesiasticall paines for not observing such Acts Bookes Canons Rites Judicatories Proclamations introduced without or against the Acts of Generall Assemblies or Acts of Parliament the Statutes of this Kingdome But that it shall be lawfull to us or them to use our selves in matters of Religion of the externall worship of God and Policie of the Church according to the word of God and laudable Constitutions of this Church and Kingdome conforme to His Majesties Declaration the ninth of December last Fifthly seeing by the legall and submisse way of our former supplications all who takes these Innovations to heart have been kept calme and carried themselves in a quiet manner in hope of redresse VVe protest that if any inconvenience shall happen to fall out which we pray the Lord to prevent upon the pressing of any of the foresaid Innovations or evils specially or generally contained in our former supplications and complaints and upon your Lordships refusall to take order thereanent the same be not imputed to us who most humbly seeks all things to be reformed by an Order Sixthly we protest that these our requests proceeding from conscience and a due respect to His Majesties honour doe tend to no other end but to the preservation of the true reformed Religion the lawes and liberties of this His Majesties most ancient Kingdome and satisfaction of our most humble desires contained in our supplication and complaint according to his Majesties accustomed goodnesse and justice from which we doe certainely expect that His Sacred Majestie will provide and grant such remedie to our just petitions and complaints as may be expected from so gracious a King toward most loyall and dutifull subjects calling for redresse of so pressing grievances and praying to God that his Majestie may long and prosperously reigne over us AGainst which Protestation We shall now say nothing because it is contained repeated in another larger Protestation of theirs which shall be inserted hereafter and there it shall receive a full answer Onely We desire the Reader to observe these two things in it First the iniquitie and injustice of their demanding some of our Bishops to be removed from our Councell nay and which We think never was heard before their protesting against all Acts to be done and passed in our Councell at which any of them shall be present alledging that this their Protestation against them and Declinator of them maketh them to be parties and so they cannot be Judges and withall they require them first to be removed and then promise they will make proofe of such crimes against them as shall declare the justice of their removall which is all one as to intreat them first to condemn a man and then to trie him And if a Protestation against their sitting in Councell and a Declinator of Our Councells authoritie neither of them admitted by our Councell shall make some Councellours to be parties and invalidate all Acts of Councell so long as these Councellours whom they have fancied to be parties sit there how their last pretended generall Assembly against which there were so many Protestations made both by the Bishops and others and which by all these Protesters was declined as Judge because the members of it had all made themselves parties can be counted a lawfull generall Assembly or the members of it lawfull Judges We leave it to themselves to reconcile And if they should say that these Protestations and Declinators against the Assembly were repelled by the Assembly who was the sole Judge of them let them remember that their Protestation against the Bishops and their Declinator against Our Councels authoritie if they should not eject them were both of them likewise repelled and rejected by Our Councell who was the onely true Judge of them their last pretended Assembly being no true but onely a pretended Judge of the others after the Assembly was dissolved by Our authoritie And secondly We shall desire the Reader to observe that their demands in this Protestation are very farre short of those which are made by them in their succeeding Protestations which swell with farre more bold and insolent demands then this doth although this be bold and insolent enough But it is an usuall course with the heads of all Rebellions to draw in that partie by whose power they intend to make good their wicked plots with small things at the first concealing from them the depth of their intentions untill they have engaged them so farre as they can make them beleeve that there is no safety in retreating when their crimes are past hope of pardon And now after this their first Protestation begun the most unnaturall causlesse and horrible Rebellion that this or perhaps any other age in the world hath been acquainted with For now these Protesters begin to invest themselves with the supreme Ensignes and Markes of Majestie and Soveraigntie by erecting publike Tables
and Colledges in a point of conscience should weigh downe the groundlesse opinions of their Tables consisting of Noblemen Gentlemen Ministers and Tradesmen But leaving the many unanswerable reasons which may be brought against this their Covenant Wee shall desire the Reader to observe three things which appeared at the verie first comming out of it First how in it they swelled farre above all that ever was complained of either in their tumults or petitions In their tumults they complained onely of the Service Booke in their petition exhibited to Our Councell and sent up to Us they complained of the Service Booke and Booke of Canons more of their grievances then Wee knew not Now in this their Covenant besides these two they complaine of and doe abjure as they make their adherents beleeve the five Articles of Pearth which were established by Acts first of the generall Assembly and then of Parliament Then they complaine of the high Commission which ever since the yeare 1609. hath beene quietly established and in practise amongst them Then they complaine of Prelats sitting in civill Judicatories a thing which Wee cannot chuse but wonder at not only in regard of Our Selfe whom by this meanes they would robbe of the benefit of the abilities of any of Our subjects in Our counsels and affaires of State as if holy Orders did superinduce a dissabilitie for civill Wisedome and Prudence but especially in regard of themselves because by this strange conceit they contradict more then they are aware of their owne false and prodigious opinions for what incongruitie can they finde in it for a Bishop to sit at Our Councell Table where many causes are heard in which Religion is concerned or in Our Session where many Church-men have trialls for their maintenance when they themselves hold it not onely convenient but necessarie and that even jure divino that Noblemen Gentlemen Merchants Taylors Sadlers Shoomakers and others of most mechanicall Trades shall sit and give sentence in Parochiall Sessions and in Presbyteries in Causes Ecclesiasticall and those of the highest nature even the last and supremest censures of the Church Excommunication and depriving of Ministers nay that they shall give sentence in the generall Assembly a Judicatorie which now they hold to be above Our Session Councell or Parliament for they maintaine that the Acts of that Assembly may in many cases disannull and derogate from the Acts of the other three where they doe assume to themselves to determine all questions de Fide Cultu Disciplina of Faith Worship or Discipline and in which of late they did assume to themselves power to determine and according to their weake and poore power did determine controversies concerning Predestination universall Grace irresistibilitie of Grace concurrence of Free-will with Grace totall or finall falling from Grace and other such like intricate points as some men would be loath to live so long untill they could make them understand them Secondly Wee desire the Reader to observe with what affections this their Covenant was received abroad both by Protestants and Papists at the very first publishing of it By Papists it was received with infinite joy as hoping that now the time was come in which both Wee and Our Successors might be brought to abhorre and detest that Religion whose professed Zelots had beene the authours of such an unsufferable Covenant which could not consist with Monarchie which appeared to Us most evidently by the advertisements which then were sent up to Us from some of Our Councell of that Kingdome that the sudden and frequent arrivall of Priests and Jesuites from Doway and other Seminaries beyond the Seas was so great in hope of their welcome to Us because of this seditious Covenant that unlesse some speedie order were taken for their present discouragement and sending backe the evill might quickly passe remedie which moved Us notwithstanding these present broiles to take present order for such proceedings against them as they were forced to retire With Protestants abroad it was received with most offensive scandall and infinite griefe which appeared unto Us by advertisements from some of Our publique Ministers abroad who certified Us that both the Ministers and others of their Consistorie at Charenton and of other Reformed Churches in France as also the Professors Ministers and Consistorie of Geneva and of other neighbouring Reformed Churches in those parts were so scandalized with this prodigious Covenant as that they were afraid of nothing more then this that it would bring an indeleble scandall upon the Reformed Churches and alienate the mindes of all the Princes of Christendome from ever entertaining a good thought of their Religion Of what condition then and fearfull consequence that Covenant is which bringeth griefe and offence to Our friends joy and triumph to Our enemies is evident to all eyes that are opened Thirdly We desire the Reader to consider with what furie and madnesse this Covenant after it was conceived was obtruded to all sorts of people with what threatnings with what beating tearing of the clothes drawing of the bloud and exposing to thousands of injuries and reproaches at Edinburgh Saint Andrews Glascow Lanarick and many places more of those Ministers who out of religious conscience towards God and loyall carriage towards Us did either disswade their Parishioners from entring into it or could not by their intreaties or threatnings be perswaded to enter into it themselves No doubt it cannot be a Covenant approved by God the first bitter and accursed fruits whereof were the many drops of bloud drawne from many of Gods Ministers which now no doubt doe call for Gods vengeance upon the whole land Now the fire of this seditious Covenant flaming thoroughout all the corners of the Kingdome and that to such an unexpected height and violence as it was past both the skill and power of Our Councell to quench it Our Councell resolved to send up unto Us Sir John Hammilton Our Justice Clerke one of Our Privie Councell and one of the Lords of Our Session that he might fully acquaint Us with the passages of this Rebellion and the consequences of it After Our hearing of him many times and many consultations had with such of Our Councell of Scotland as were then here present and such of Our Councell here in England as We thought fit to communicate this businesse unto We resolved to send unto that Our Kingdome the Marquesse of Hamiltoun with the full power of an High Commissioner as in other cases Our Royall Father and We had many times done in important businesse concerning that Kingdome and in the meane time we dispatched home the said Sir John Hamilton to give notice thereof both that they might carrie themselves quietly untill Our Commissioner his comming from whom they were to expect Our pleasure with all favour which might consist with Royall authoritie as also that they might before Our Commissioners going from hence have time to make Us fully acquainted with the uttermost of their grievances
that companie which attended Our Commissioner from Dalkeith but stayed for him on the way in a farre grosser bodie by themselves was assembled to doe honour to Our Commissioner or for shewing their owne power and strength by way of comparison with the companie whom they met which they farre exceeded Wee will not determine But thus Our Commissioner was conducted to Our Palace of Holy-rood-house where he was received by the Lord Provost Bailiffes Magistrates and citizens of Edinburgh with outward demonstrations of being welcome And this was all the entertainment which at any time he had from the body of the Covenanters during the time of his abode in that Kingdome which whether it were hearty and sincere or but onely in show and to shew their owne power Wee leave it to be judged by the entertainment and respect which afterward he received from them which will be found to bee just none at all For during the time of his continuance amongst them though he found that they gave civill respects to him as Marquesse of Hamiltoun yet his being cloathed with Our authoritie and commission did much diminish them as shall appeare now in the next place by those perpetuall affronts which they ceased not to offer daily to him and Our Councell in all their proceedings concerning the businesse for which he was sent Our Commissioner now being settled at Our palace with the assistance of Our Councell hee fell presently upon the maine businesse with the Covenanters whom hee desired to dismisse their great multitudes which they did being indeed necessitated thereunto for the ease of their great charge The two maine Propositions which hee offered to their consideration were these First what they should expect from him in Our name for satisfaction to their complaints and accommodating their grievances Next what might be expected from them for returning to their former obedience especially in renouncing and delivering up their late Covenant Both which propositions they did receive with so much sleighting and contempt as that they avowed no satisfaction from Us should be accepted which contained any particulars but that they expected first a Generall Assembly of the Church and then a Parliament that in these two Judicatories they would represent and discusse their grievances And no wonder for in both these they knew that themselves were to be both Judges and parties For the second they answered that they could not returne to their former obedience from which they would never acknowledge that they had departed in the least degree having done no act but that which became good and dutifull subjects And for their Covenant that they would rather renounce their Baptisme then renounce it or abate one word or syllable of the literall rigour of it it being more availeable and usefull unto them then all the Lawes and Acts of Parliament which had beene enacted in that Kingdome since the time of Fergus the first King thereof And that it was a proposition which though they had now heard they were resolved never to heare a second time And accordingly after Our propositions thus made and rejected they presently filled the people with such misreports of the intentions and ends of Our Commissioners comming as they wrought them to a greater height of furie then before as if now their Religion and Lawes were brought to the stake For now new Guards were clapt upon Our castle of Edinburgh the Guards and Watches of the citie multiplied the Preachers Prayers and Sermons grew to be so many Libells and admonitions that they should take heed of craftie compositions or yeelding in the least point of their intended reformation for if they should abate in any one thing it would be thought that they might be mistaken in all They presently printed their weake Reasons against their rendring up of their Covenant nay they grew to that rage that on the Saturday having knowledge that Our Commissioner attended with Our Councell was to heare divine Service and Sermon in Our owne chappell at Our owne palace the day following being Sunday they sent him word that whosoever should read the English Service in Our chappell should never read more and that there were a thousand men provided for the disturbance of it which forced Our Commissioner that night to repaire to Dalkeith being unwilling to heare Sermon but in Our owne chappell or there without hearing the English Divine Service it having beene continually read there by the space of twentie yeares in the audience of Our Councell manie of the Nobilitie Judges and persons of all qualitie without any interruption or dislike Nay more they grew to that boldnesse as to write letters to everie one of Our Councell requiring them to subscribe their Covenant which Letter sent to everie one of them severally but in the same words here followeth May it please your Lordship WEe the Ministers of the Gospel conveened at this so necessarie a time doe finde our selves bound to represent as unto all so in speciall unto your Lordship what comfortable experience we have of the wonderfull favour of God upon the renewing of the Confession of faith and Covenant what peace and comfort hath filled the hearts of all Gods people what resolutions and beginnings of reformation of manners are sensibly perceived in all parts of the kingdome above any measure that ever we did finde or could have expected how great glorie the Lord hath received thereby and what confidence we have if this sunshine be not eclipsed by some sinfull division or defection that God shall make this a blessed kingdome to the contentment of the Kings Majestie and joy of all his good subjects according as God hath promised in his good Word and performed to his people in former times And therefore we are forced from our hearts both to wish and entreat your Lordship to be partaker and promover of this joy and happinesse by your subscription when your Lordship shall thinke it convenient And in the meane while that your Lordship would not be sparing to give a free testimonie to the truth as a timely and necessarie expression of your tender affection to the cause of Christ now calling for helpe at your hands your Lordships profession of the true Religion as it was reformed in this land the nationall oath of this kingdome sundry times sworne and subscribed ablishing us who live at this time the dutie of a good Patriot the office and trust of a Privie Councellour the present employment to have place amongst those that are first acquainted with his Majesties pleasure the consideration that there is the time of tryall of your Lordships affection to Religion the respect which your Lordship hath unto your fame both now and hereafter when things shall be recorded to posteritie and the remembrance that not onely the eyes of men and Angels are upon your Lordships carriage but also that the Lord Jesus is a secret witnesse now to observe and shall be an open Judge hereafter to reward and confesse everie
man before his Father that confesseth him before men All of these and each of them besides your Lordships personall and particular obligations to God doe call for no lesse at your Lordships hands in the cause of so great and singular necessitie and we also doe expect so much at this time according as your Lordship at the houre of death would be free of the terrour of God and be refreshed with the comfortable remembrance of a word spoken in season for Christ Jesus King of Kings and Lord of Lords OUr Commissioner in the meane time resolved to publish Our gracious Declaration for relieving of their grievances and satisfying Our people in Our forwardnesse for the maintenance of the Religion professed in that Kingdome and Our aversnesse from Poperie which they of the Covenanters Table having notice of being above all things afraid that Our people should receive any satisfaction from Us or rest contented with the grace of Our reasonable proffers of favour did mightily repine at came to Our Commissioner and wished him for Our honour his owne safetie and peace of the publike not to make any such Declaration which undoubtedly would be encountred with a Protestation and that in such manner as would be displeasing to him and make the publishing of that Declaration be found disserviceable unto Us. Our Commissioner being perplexed with these unexpected and dangerous difficulties resolved by faire proceedings to gaine so much time untill he might make Us acquainted with them and receive Our answer and instructions concerning them In his Letters of advice he acquainted Us with the danger threatned if he should publish Our Declaration which though he knew to be full of grace yet the heads of the Covenant would never suffer the multitude of their members to understand it so Two things he desired of Us One that in case Wee continued in Our resolution of publishing Our Declaration Wee would be pleased to sweeten it with this further favour as to restore to the citie of Edinburgh the sitting of Our Councell Our Session and all other Courts of Justice which he conceived would be very acceptable to Our Councellors Judges to all Advocates and all dependents upon the Law to all Our subjects which had businesse depending in any of these Courts but most of all to the citie of Edinburgh which complained much of their being impoverished by absence of these Courts and that this was like to prove a most probable perswasion for reclaiming them to their former obedience Next that We would be pleased to give him leave to take a journy unto Us though he should returne presently that he might acquaint Us with the new emergencies of businesses and such other things as could not be conveniently expressed in Letters and so accordingly receive instructions from Us for his carriage To which Letters of advice Wee did returne by a speedie dispatch this answer That We would have Our Declaration no longer delayed but commanded him presently to publish it because Wee would not whatsoever the event should be have Our people barred the knowledge of Our Gracious intentions and favours towards them which We did see the leaders of them studied nothing more then to suppresse And that at his intreatie Wee were contented that all the Courts of Justice should presently begin to sit againe at Edinburgh for the reasons contained in his Letters and in hope of reclaiming of that Citie which otherwise by their misdemeanour had no reason to expect any such favour from Us And withall after the dispatch of these two that Wee were contented hee should repaire to Us as hee desired whensoever hee should finde it convenient taking first order with Our Councell for keeping all things in order untill his returne This answer of Ours so soone as Our Commissioner received he assembled Our Councell and made them acquainted with it who were so well satisfied with the bringing back of Our Courts of Justice to Edinburgh that presently they sent unto Us a Letter of thanks of this tenour Most Sacred Soveraigne THe Marquesse of Hamiltoun your Majesties Commissioner having imparted unto us your Majesties gracious pleasure and allowance that the Judicatories of the Councell of Session and others should be returned to the Citie of Edinburgh Thereupon the Lord Commissioner being present order was given for publication at the Market Crosse of Edinburgh with all solemnities requisite and that the like publication should be made throughout the whole Kingdome at all publike places This hath given so great contentment to all your Majesties subjects that we cannot expresse with what dutifull respect and heartie prayers for your Majestie they have embraced this great and undeserved favour In consideration whereof wee conceive our selves bound in dutie to acquaint your Majestie herewith and withall to render to your Majestie most humble and heartie thanks for this so great grace and goodnesse which wee hope shall contribute to the good of your Majesties service and to establishing the peace of the Countrie for the which we all your Majesties good subjects shall ever bee most thankfull and all in dutie bound to pray for your Majesties long and happie Reigne Holy-rood-house July 2. 1638. Subscribitur Traquaire Roxbrugh Mar Morton Winton Lithgow Wigtonne Kingorne Hadinton Lauderdaile Kinoul Southesk Lorne Naper Dalyell Ihay Ja Carmithaell Thomas Hop John Hammilton ANd accordingly Our Commissioner caused Proclamation to be made at the Crosse of Edinburgh for the first sitting downe of the Session there the Tuesday following being the third of July 1638. which was received with such joy by the Judges Advocates and all others having relation to the Colledge of Justice but above all by the Magistrates and Citizens of Edinburgh that Our Commissioner and Councell did then well hope all mens minds had beene well prepared to receive the Declaration of Our Grace and favour which was to bee published in the next Proclamation with an humble and thankfull acknowledgment which undoubtedly they had done if they had not beene not onely diverted but perverted by those men who interpreted every satisfaction of Our subjects received from Us to be a dividing and pulling them away from themselves And therefore they quickly cast about to finde out some meanes how this Our speciall favour might not be resented by them which was this They assured their followers that there were two of the Lords of Our Session viz. Sir Robert Spotswood President of the same and Sir John Hay Our Clerk of Register answerable to the Master of the Rolles here in England sworne enemies to their Covenant well affected to Episcopall government procurers and abettors of the pretended Innovations that unlesse these two were presently removed from Our Session there could be no good intended to them by the bringing of it back to Edinburgh and therefore advised them to send some of their number to Our Commissioner to desire that these two Our Judges might presently bee removed from that Court Not that they who put this in their
and estate against whatsoever Jesuites and Seminarie or Masse-priests condemned enemies to God and his Majestie to their utter wracke and exterminion according to the power granted to us by his Majesties proclamation and acts of Parliament To try search and seeke out all excommunicates practisers and others Papists whatsoever within our bounds and shire where we keepe residence and dilate them to his Highnesse and his privie Councell and conforme us to such directions as from time to time we shall receive from his Majestie and his Councell in their behalfes And specially so many of us as presently are or hereafter shall be appointed Commissioners in every shire shall follow pursue and travaile by all meanes possible to take and apprehend all such Papists Apostates and excommunicates as we shall receive in writ from his Majesty And we the remanent within that shire shall concurre and assist with the saids Commissioners with our whole friends and forces to that effect without respect of any person whatsoever And generally to assist in the meane time and defend every one of us another in all and whatsoever quarrels actions debates moved or to be moved against us or any of us upon action of the present Band or other causes depending thereupon And effauldly joine in defence and pursuit against whatsoever shall offer or intend any injury or revenge against any one of them for the premises making his cause and part that is pursued all our parts Notwithstanding whatsoever privie grudge or displeasure standing betwixt any of us which shall be no impediment or hinder to our said effauld joyning in the said common cause but to lye over and be misknown till they be orderly removed and taken away by the order under-specified To the which time we for the better furtherance of the said cause and service have assured and by the tenour hereof every one of us taking the burden upon us for our selves and all that we may let assure each other to be unhurt unharmed or any wayes to be invaded by us or any our foresaids for old feid or new otherwise then by ordinary course of law and justice neither shall we nor any of our foresaids make any provocation or tumult trouble or displeasure to others in any sort as we shall answer to God and upon our Honours and fidelitie to his Majestie And for our further and more heartie union in this service we are content and consent that all whatsoever our feids and variances fallen or that may fall out betwixt us be within fortie dayes after the date hereof amicably referred and submitted to seven or five indifferent friends chosen by his Majestie of our whole number and by their moderation and arbitrement componed and taken away And finally that we shall neither directly nor indirectly separate nor with-draw us from the union and fellowship of the remanent by whatsoever suggestion or private advice or by whatsoever incident regard or stay such resolution as by common deliberation shall be taken in the premises as we shall answer to God upon our consciences and to the world upon our truth and honours under the pain to be esteemed traitours to God and his Majestie and to have lost all honour credit and estimation in time comming In witnesse whereof by his Majesties speciall command allowance and protection promised to us therein We have subscribed these presents with our hands At 1589. We JAMES Marquesse of Hamiltoun Earle of Arran and Cambridge Lord Even and Evendail his Majesties High Commissioner and Lords of his Majesties Privie Councel undersubscribing by vertue and conform to a warrant and command signed by his sacred Majesty of the date of Sept. 9. 1638. and registrate in the bookes of Councell upon the 22. day of the said month Swear and with our hearts and humble and true affections to Gods truth and to his sacred Majesty subscribe the Confession of faith of according to the date and tenour above specified and also renew swear and subscribe the foresaid general Band of the tenor abovewritten for preservation of the true Religion and maintenance of his sacred Majesties authoritie according to the tenor thereof and siclike as amply as the same was conceived in favours of his Majesties umwhile blessed Father of eternall memorie by the said Band. In witnesse wherof we have subscribed these presents with our hands At Holy-rood-house Septemb. 22. 1638. Sic subscribitur HAMILTOUN Traquair Roxburgh Mairsheall Mar Murray Linlithgow Perth Wigtoun Kingorne Tullibardin Hadingtoun Annandaill Lauderdaill Kinnoull Dumfreis Southesk Belheaven Angus Lorn Elphinstoun Naper Dalyell Amont J. Hay S. Thomas Hope S.W. Elphinstoun Ja. Carmichael J. Hamiltoun Blackhall AT the same time was a proclamation made for the indiction of the generall Assembly which was this At Holy-rood-house the 22. day of September 1638. FOrsomuch as it hath pleased the Kings Majestie out of his pious and religious disposition to the true Religion and out of his fatherly care for removing of all feares doubts and scruples which may arise in the mindes of his subjects for preservation of the puritie thereof and upon divers great and weightie considerations importing the glory of God the peace of the Kirke and Common-weale of this kingdome to appoint and give order that a free generall Assembly be indicted kept and holden at the Citie of Glasgow the 21. of November next Therefore the Lords of secret Councell ordaines letters to be direct charging Maissars and Officers of Armes to passe and make publication hereof by open Proclamation at the Market Crosse of Edinburgh and the head Burrowes of this Kingdome and other places needfull And to warne all and sundry Archbishops Bishops Commissioners of Kirkes and others having place and vote in the Assembly to repaire and addresse to the said Citie of Glasgow the said one and twentieth day of November next to come and to attend the said Assembly induring the time thereof and aye and while the same be dissolved and to doe and performe all which to their charges in such cases appertaineth as they will answer to the contrarie at their highest perill IMmediately after that this Proclamation was made for the indiction of the Parliament At Holy-rood-house the 22. day of September 1638. FOrsomuch as it hath pleased his Majestie out of his pious and religious disposition to the true Religion and out of his fatherly care for removing of all feares doubts and scruples which may arise in the mindes of his subjects for preservation of the puritie thereof and upon divers other great and weighty causes importing the glory of God the peace of the Kirk and Common-weale of this Kingdome to appoint and give order that the Soveraigne and High Court of Parliament shall be holden at the Citie of Edinburgh upon the 15. day of May next to come with continuation of dayes Therefore the Lords of secret Councell ordain letters to be direct to Maissars and officers of Arms charging them to passe to the market Crosse of Edinburgh
and hopes for so much as was not as yet granted All these made us confidently to expect from his Majestes Royall and compassioned disposition towards this his native Kingdome that a free Generall Assembly and Parliament should have beene indicted as the ordinary and most proper remedies of our grievances and did constraine us to renew our petition earnestly intreating that his Majesties Commissioner would be pleased to represent unto his Majesty the condition of this Kirk and Kingdome crying in an extreme exigencie for present helpe with the lawfulnesse of the remedies prescribed by his Majesties Lawes required by us and presented to him in some particular Articles which his Grace promised to recommend to his Majestie and to doe his best endeavours for obtaining the same especially the first Article that there might be indicted a full and free Generall Assembly without prelimitation either in the constitution and members thereof in the order and manner of proceeding or in the matters to be treated And if there should be any question or doubt about one of these or such like particulars that the determination thereof might be remitted to the Assembly it selfe as the only proper and competent judge And now after so many supplications complaints articles and informations after our necessary protestation expressing the humble thankfulnesse and continued desires of our hearts after so long expectation and so much dealing having with open eares and attentive minds heard his Majesties Proclamation it is our desire purpose and endevour so to proceed that we may upon the one part still be thankfull to God and the King for the least blinke of his Majesties countenance and the smallest crums of comfort that fall unto us from his Majesties Royall hands beseeching the Lord yet further to enlarge his Majesties heart for our full satisfaction and rejoycing to the honour of God the good of this Kirk and Kingdome and his Majesties never dying fame and glory that his wise government and zeale to the service of God may be a measure and pattern of desires to all generations hereafter when they shall be wishing for a religious and righteous King And on the other part that Christ our Lord the King of Kings through our neglect or luke-warmnesse may want no part of his Soveraignty and Dominion and that in our Religion which is more dear unto us then our lives we deceive not our selves with that which cannot satisfie and make up the breach of this Kirke and Kingdome or remove our feares doubts and suspicions of the innovations of Religion This hath made us to observe and perceive that his Majesties Proclamation doth ascribe all the late distractions of this Kirke and Common-wealth to our conceived feares of the innovation of Religion and Law as the cause and occasion thereof and not to the innovations themselves with which we have beene for a long time and especially of late heavily pressed and grieved as if the cause were rather in apprehension and fancie then in reality and substance That the Service book and booke of Canons are not so far discharged by this Proclamation as they have beene urged by preceding Proclamations for this Proclamation onely dischargeth the practice of them and rescinds the Acts made for establishing their practice but doth not rescind the former Proclamations namely that of the 19. of February at Stirling and that of the fourth of July at Edinburgh which give an high approbation to these Books as fit meanes to maintaine Religion and to beat down all superstition and withall declares his Majesties purpose to bring them into this Kirk in a faire and legall way And thus both our feares that they may be introduced hereafter must still remaine and the libertie of the Generall Assembly by such a Declaration of his Majesties judgement is not a little prejudged in the minds of so many as wisely consider and compare the preceding Proclamations with this which we now heare although others who looking upon one step and not upon the whole progresse run on rashly and neither considering what they are doing nor with whom they are dealing may be easily deceived Qui pauca videt citò judicat a short sight maketh a sudden judgement That it is declared in this Proclamation That his Majesty neither intendeth to innovate any thing in Religion or Lawes or to admit of any change or alteration in the true Religion already established and professed in this Kingdome and withall this is interposed That the articles of Pearth are established by the acts of Parliament and generall Assembly and dispensation of the practice only granted and discharge given that no person be urged with the practice thereof and consequently his Majesties intention for the standing of the Acts of the Assembly and Parliament appointing the Articles of Pearth is manifest which is no small prejudice to the freedome of the Generall Assembly That while the Proclamation ordaineth all his Majesties subjects to be liable to the triall and censure of the judicatories competent and that none of them shall use any unlimited and unwarranted power likewise that no other oath be administred to Ministers at their entrie then that which is contained in the Act of Parliament in both these Articles the Bishops are meaned who are only thereby for the present curbed against their exorbitancie and enormities in exercing their office but the office of Bishops is thereby not only presupposed as unquestionable but also so strongly established that his Majestie declareth for the present his intention to admit no innovation therein which is more evident by the indiction of the Parliament warning all Prelats to be present as having voice and place in Parliament and by the indiction of the Assembly warning all Archbishops and Bishops for so are their divers degrees and offices Ecclesiasticall here designed and supposed to be present as having place and voyce in the Assembly contrary to the caveats acts of the Kirk and our declinator And thus a third and great limitation is put upon the Generall Assembly The Proclamation by reason of these many reall limitations and prejudices of the liberty of the Assembly in the very points which have wrought so much woe and disturbance in this Kirk and Kingdome and wherein the liberty of the Assembly is most usefull and necessary at this time can neither satifie our grievances and complants nor remove our feares and doubts nor cannot without protestation be admitted by us his Majesties subjects who earnestly desire that Truth and Peace may be established and that for the reasons following 1. TO keepe silence in any thing that may serve for the good of the Kirk whether it be in preaching prayer or in proposing and voyceing in a lwfull Assembly of the Kirke is against the word of God Esai 62.6 Yee that are the Lords remembrancers keepe not silence and give him no rest till he establish and till he make Jerusalem a praise in the earth 1. King 18.21 Like the halting of the
the application therof alreadie sworn by us for the Reasons above expressed And because as we did in our former Protestation appeale from the Lords of his Majesties Councell so do we now by these renew our solemne appeale with all solemnities requisite unto the next free Generall Assemblie and Parliament as the onely supreme nationall Judicatories competent to judge of nationall causes and proceedings Sixthly We protest That no subscription whether by the Lords of Councell or others of the Confession mentioned in the Proclamation and enjoyned for the maintenance of Religion as it is now already or at this present time established and professed within this Kingdome without any innovation of Religion or Law be any manner of way prejudiciall to our Covenant wherein we have sworne to forbeare the practice of Novations alreadie introduced c. till they be tried in a free Assemblie And to labour by all lawfull meanes to recover the puritie and libertie of the Gospel as it was established and professed before the foresaid Innovations And in like manner that no subscription foresaid be any derogation to the true and sound meaning of our worthie predecessours at the time of their subscription in the year 1581. and afterward Withall warning and exhorting all men who lay to heart the cause of Religion against the corruptions of the time the present estate of things both to subscribe the Covenant as it hath bin explained and necessarily applied and as they love the puritie and libertie of the Gospel to hold back their hands from all other Covenants till the Assembly now indicted be conveened and determine the present differences and divisions and preserve this country from contrarie oathes Seventhly As his Majesties royall clemencie appeareth in forgiving and forgetting what his Majestie conceiveth to be a disorder or done amisse in the proceeding of any so are we very confident of his Majesties approbation to the integrity of our hearts and peaceablenesse of our wayes and actions all this time past And therfore We protest that we still adhere to our former complaints protestations lawfull meetings proceedings mutuall defences c. All which as they have been in themselves lawfull so were they to us pressed with so many grievances in his Majesties absence from this native kingdome most necessary and ought to be regarded as good offices and pertinent duties of faithfull Christians loyall subjects and sensible members of this Kirk and Commonwealth as we trust at all occasions to make manifest to all good men especially to his sacred Majestie for whose long and prosperous government that we may live a peaceable and quiet life in all godlinesse and honestie We earnestly pray WHereupon a noble Earle James Earle of Montrose c. in name of the Noblemen M. Alexander Gibson younger of Durie in name of the Barons George Porterfield Merchant Burgesse of Glasgow in name of the Burrowes M. Harie Rollock Minister at Edinburgh in name of the Ministers and M. Archbald Johnston Reader hereof in name of all who adhere to the Confession of Faith and Covenant lately renewed within this Kingdome tooke instruments in the hands of three Notars present at the said Mercate Crosse of Edinburgh being invironed with great numbers of the foresaid Noblemen Barons Gentlemen Burrows Ministers and Commons before many hundred witnesses and craved the extract thereof And in token of their dutifull respect to his Majestie confidence of the equitie of their cause and innocencie of their carriage and hope of his Majesties gracious acceptance they offered in all humilitie with submisse reverence a copie thereof to the Herauld ANd now for triall of what Wee have said the Reader may reflect upon these particulars Not farre from the beginning they averre that they did confidently expect from Us a free Generall Assemblie and Parliament to be indicted and that Our Commissioner promised to recommend unto Us this their suit for a free Generall Assemblie without prelimitation either in the constitution and members thereof in the order and manner of proceeding or in the matters to bee treated of and do insinuate as if Wee had not given order for any such Assemblie in Our Declaration which everie Reader looking upon Our Declaration may see to be most untrue for in it We give warrant to Our Commissioner to indict a free Generall Assemblie nor is there there either mention or meaning of any prelimitation though they themselves did use verie many some whereof you have heard alreadie and shall heare of more hereafter Afterwards they quarrell with Our Declaration for ascribing all the late distractions of this Church and Common-wealth to their conceived feares of the Innovation of Religion and Lawes and not to the Innovations themselves No doubt a great crime that We will not acknowledge that the Service Book which was penned at first by those who laid downe their lives in opposition to Poperie is an introduction to Poperie and We do professe that We did discharge that Book onely to remove their feares and doubts and ease their pretended grievances nor can Wee condemne that Book without condemning the Service Book of England for the Covenanters arguments strike alike at both Then immediatly after They take it ill that though We have discharged the practice of these pretended Innovations and voided all Acts made for the establishing of them yet We have not rescinded Our former Proclamations at Sterling and Edinburgh As if nothing could content them unlesse Wee should disgrace Our owne Proclamations which did not any way establish or authorize the things complained of nay more unlesse We will call back Our own words which cannot be interpreted to any such sense as they would force upon them they would make Our people beleeve that the libertie of the generall Assemblie is prejudged in a suspicious undutifull and dangerous phrase tell them That they do not consider with whom they are dealing as if no trust were to be given to Us Next they quarrell with Our discharging of the practice of the Articles of Perth but not the Articles themselves which are established by acts both of Parliament and Generall Assemblie and yet Wee dare say that they would hold it for a strange position if We should use Our Prerogative to the disanulling of any thing established by these two Judicatories nay if We and the Parliament joyntly should as the world goeth now offer to disanull any act of their Generall Assemblie so glad they are to quarrell with Our Declaration that in their eagernesse they destroy their owne grounds Their next cavill if it were possible is as senslesse as the former whereby they averre that Our naming of Bishops in Our Proclamation for the indiction of the Assemblie is a prelimitation of it because thereby We take it as granted that the office of a Bishop is unquestionably an office in that Church and Kingdome and this they call a great prelimitation put upon the Assemblie but with what shew of consequence We cannot possibly conceive
his Majestie had been desirous to have made stop of importation of Ammunition into this Kingdome this time past but it would have been an easie matter for him to have effected but so little hath he regarded this as he hath not so much as taken notice of it And yet it were no strange thing if his Majestie should give direction to cause examine for what end so great store of Ammunition is imported into this Kingdome and a little more narrowly to looke into our actions when by I know not whom there hath been so much notice taken of such Ammunition as his Majestie hath thought fit to send hither For notwithstanding that your Lordsh sayes we are made secure by the hopes of obtaining from his Majestie these remedies that can fully settle this Church and State yet I may say courses are taken to put feares in his Majesties good subjects minds by perswading of them that no such thing is intended This does too too manifestly appeare by the watching and guarding his Majesties Castle and many other courses but of this I will write nothing my intention being only to returne answer of what is writ to me And therefore for your Lordsh satisfaction I shall acquaint his Majestie with the contents of your letters who will no doubt give such directions therein as his good subjects will have no just cause of complaint Whereas you have been pleased to say that you have been assured by me that you should receive no such hard dealing during the time of my imployment let mee desire you to consider this aright and you will find it none for neither was that ship stayed from proceeding in their intended voyage nor any thing taken from them nor needs your Lordsh to doubt that his Majestie will doe any thing except our owne indiscretion provoke him that may make appear to the world that he makes a difference betwixt us of this Nation and his other subjects Bee confident my Lord that my endevours have and doe tend to no other end but to the glory of God the honour of his sacred Majestie and the preserving from ruine this poore distracted Kingdome and that I have and shall labour to prevent all such accidents as may breed the least stop or hinderance of this wished event which I hope and am confident that your Lordsh. and all those noble Lords who have signed this Letter to me will take the same to heart and then certainly you will not be so easily moved with such light and sleight reports Nor will your Lordsh thinke that either you or I can bee wounded by the order and command of so pious mercifull and so clement a Prince as is our dread Soveraigne who hath showne himselfe to be so full of goodnesse as we must of all men living prove the worst if we be not thankfull to God and him for it This my letter your Lordsh will be pleased to communicate to the rest who have writ to me and esteeme of me as Hammilt 24. Sept. 1638. For the Earle of Rothees Your Lordships humble servant Hammiltoun WIth his answer they were so far from being satisfied that to answer this affront as they did interpret it for searching a Ship of that Kingdome at sea they resolved to put a greater affront upon Us by increasing their Guards about Our Castle of Edinburgh In Fyfe they gave order for a Communion throughout their Churches at which they made every one to sweare that they should not subscribe Our Confession and Covenant nor any other but their owne which they swore againe de novo especially to stand to that part of it which concerneth mutuall defence against all persons whomsoever They gave generall order for the Fast to bee kept on the fourth of November being Sunday neglecting the day designed in Our Proclamation which was the Wednesday following and the seventh of that Moneth Our Commissioner seeing these contempts daily to increase and hearing that they had appointed the Communion to bee celebrated at Edinburgh sent for the Provost and Magistrates and inquired of them these particulars First whether at their Communion which was to be celebrated the two next Sundaies following it was intended that the like oath should bee taken with them as had been taken in Fyfe Secondly whether they intended to keep the Fast-day designed by Us in Our Proclamation and according as they had lately since been required to doe by an order sent from Our Councell to them for that purpose Thirdly what order they had taken with those who had the day before reviled and abused Doctor Eliot while he was preaching in the Pulpit That he had sent for them because he had found those few Ministers by whom they were ruled to bee unreasonable men and despisers of Authoritie To the last they promised that they would make a discoverie of the offenders and see them punished which they never did For the first they thought it most unreasonable that any oath should be ministred as it was in Fyfe For the second they thought it most reasonable that Our Fast-day should be kept but before they could give a full answer they must first conferre with their Ministers at their meeting with whom they found that the Ministers had intended that barbarous oath at the Communion and not to keep Our Fast-day more then other Churches in the countrie had done yet the Magistrates did with much perswasions over-rule them in both Our Commissioner did resolve with great solemnitie attended with all Our Councell and Judges to keep that Fast in the great Church of Edinburgh on the day appointed by Us and gave notice thereof to the Magistrates who returned him thanks and assurance of welcome But understanding that they were resolved to discharge the ordinarie Ministers of that Church from preaching there that day onely because they were Non-covenanters and had appointed their places to be supplied with the two onely Covenanting Ministers of their Towne he sent for the Magistrates againe telling them That he could not come to their Church and countenance so great a disorder as the displacing of the two Preachers of that Church onely because they were faithfull subjects to Us nor durst heare these two Preachers designed by them who in their Pulpits did ordinarily inveigh against Us and Our authoritie Unlesse therefore hee might either nominate the Preachers or heare the ordinarie Preachers of that Church he must not come thither The Magistrates did what they could to perswade with their Ministers the one of them was contented with Our Commissioners desire but the other was so obstinate as he would no way hearken to it and him being so powerfull with the people the Magistrates durst not offend and so Our Commissioner with Our Councell and Judges were necessitated to keep Our Fast at another Church hard by Our Palace Now Wee desire the Reader to observe how the Heads of the Covenanters were affraid that any shew of obedience should bee yeelded unto Us by Our
Assemblie which they either had or have fraudulently put away and if any Pastor within this Presbyterie refuse to publish this cytation we require the Reader of the Church to do it In like manner wee require all parties who have interest either in pursuing or specifying or proving this complaint to be present at the said Assemblie for that purpose Upon which the complainers took instruments in the hands of the Notarie According to this complaint and the warrand of the Presbyteries reference of it I A. R. warne and admonish the abovenamed offenders to compeere before the next Generall Assemblie to bee holden at Glasgow 21. November for the causes contained in the complaint and for the certification expressed in it NOw though the verie reading of this Libell cannot chuse but work a detestation of it in the heart of everie religious and just man yet the Reader shall do well to take a more speciall notice of these particular passages of injustice and impietie in it First that the Presbyterie of Edinburgh taketh cognisance of the cause and accordingly makes cytation not onely of the Bishop of Edinburgh over whom they can have no jurisdiction but of all the rest of the Archbishops and Bishops of which none at all or certainely if any verie few are inhabitants within the bounds of their Presbyterie And who before this did ever heare that any Consistorie or Judicatorie Ecclesiasticall or Civill could make processe against any man or take cognisance of the cause of any man who was not an inhabitant nor had any charge or estate within the Precincts or bounds of those places which onely are liable to the jurisdiction of that Court Next who did ever heare that men should wittingly and willingly cyte others to answer for the transgression of acts and Lawes which they themselves do know were repealed by posteriour acts and Lawes and so stood at the time of this cytation and therefore can no wayes be censurable for them though it were true that the person cyted had done as it is alledged in the Libell and such be these acts of Assemblie cyted by them which were and still are disanulled by divers acts both of Assemblie and Parliament Thirdly who did ever heare that men should be called in question for yeelding obedience to acts of Parliament and Generall Assemblie and yet in this Libell the Prelats are charged with giving voices in Parliament and practising the five Articles of Perth and divers other particulars which then were and are now still in force by acts both of Parliament and Assemblie and if it should be said that these acts were unduly obtained which is the Covenanters onely plea sure to say so is a greater fault then the other for what Judge can ever give sentence in any cause if the asseveration of the partie aggrieved by the sentence that the Law was unjustly made may passe for a good plea Fourthly who ever heard that men should bee charged with yeelding obedience to acts commanded by the authoritie of Us and Our Councell especially in things not repugnant to any established Law of that Church and Kingdome and yet such are all these pretended Innovations with the introduction whereof the Prelats are charged in this Libell for they were injoyned and commanded first by Us and then by acts of Our Councell it being farre more agreeable to reason to complaine of the Lords of Our Councell by whose authoritie they were commanded then of those who in dutifull obedience to authoritie did practise them But indeed it is to bee wondred at with what face the Covenanters can blame either the one for commanding or the other for practising them For what ground have they or did they ever yet alledge for their swearing to the Confession of Faith and their Covenant annexed Did they ever yet alledge any but the authoritie of Our Royall Father and his Councell who by their authoritie commanded them to bee sworne throughout the Realme And did not We and Our Councell by equall authoritie command these pretended Innovations Was not then the Prelats practice of them as well warranted as this Confession of Faith and the band annexed which were never brought in by acts of Parliament or Assemblie but meerly by Our Royall Fathers Prerogative and put in execution by the authoritie of his Councell Fifthly who did ever heare that men professing Pietie and Religion durst adventure in the sight of God in the house of God and in the Pulpit which is as it were the Chaire of God and in the face of the Congregation which is the people of God to command the Bishops to be indited and accused of such horrible crimes as whoring excessive drinking excessive gaming swearing profane talking profanation of the Lords day contempt of Gods publike ordinances neglecting pietie in their families mocking of the power of preaching prayer and spirituall communication briberie simonie lying perjuries unhonest dealing in civill bargaines adulterie incest and what not We do even appeale to their owne consciences whether they did thinke all of them or any one of them guiltie of all these crimes Most certainly they did not and that excuse which they bring for the justifying of this wicked Libell cannot any wayes extenuate their fault They say that some particulars contained in the whole Libell may be proved against everie one of them and therefore it is a good and a legall Libell if they can make good any thing contained in it But bee it legall or not the world must needs take notice that it is most unconscionable The other things mentioned before and charged upon them in this Libell are not crimes at all being warranted by acts of Parliament Assembly and Councell these last rehearsed are crimes indeed odious in the sight of God and man and of which as if they be guilty the Bishops deserve death and exquisite torments so if they who have accused them of these crimes shall faile in proving them to bee guiltie they deserve to bee infamous throughout all generations for the most malicious and malignant traducers of the servants of God that ever lived upon the earth and must looke for the unavoidable judgements of God to fall upon them and their whole families for this so horrible a crime committed wilfully against the knowledge of their owne consciences unlesse they doe expiate it with the bitter teares of repentance For We desire them to declare bonâ fide whether they themselves did beleeve or conceive all the Bishops accused in the Libell or onely some of them to bee guiltie of these last recyted crimes If not all but some why did they not distinguish them that the people might know whom they should take for guiltie and whom for not guiltie Nay did they not beleeve and know that some of these Bishops were holy and learned men free from the crimes objected For instance We will onely name the Bishop of Edinburgh seeing in the principall Presbyterie of his Diocesse this Libell was presented admitted
and publiquely read in the Churches within the Precincts of it did they then or doe they yet beleeve or suspect that he was guiltie of incest adulterie excessive whoring gaming drinking dicing swearing c. ut supra We doe verily beleeve that if they were judicially called they would absolve him from such foule crimes how then they can answer to God men or their owne consciences for accusing that reverend learned and holy Prelate of such crimes for which they themselves would be his compurgators We must leave it to themselves to resolve Nay what if they themselves did not beleeve any one not the most hated of all the Prelates to be guiltie of these last recyted crimes Sure the presumptions are very pregnant and unanswerable that they did not beleeve it for at the generall Assembly when the severall Bishops causes came to bee heard and discussed upon this Libell they did not so much as offer to make any proofe of these last rehearsed crimes against them they examined not so much as one witnesse upon them in discussing the processes of many of the Bishops And in the printed Acts of their pretended Assembly as shall appeare by those passages of it in their place in their particular sentences of deprivation and excommunication they not onely do not censure them for these crimes but doe not so much as take notice of them And it is well knowne that these men who in all their proceedings had made everie Bishops moat a beame were not so mercifully or compassionately affected towards them that they would have spared them or forborn to make proofe of these crimes if they had seene but colour for it If they shall say that though they could not prove these crimes yet there was a publique scandall of them There was indeed a scandall raised amongst them and that publique enough when it was proclaimed in the Pulpits But by whom was it raised even by the principall Covenanters themselves who were resolved to raise a fame when they were sure they could prove no fact or if they should alledge that they did forbeare probation or examining of witnesses out of their respect either to the Bishops calling or their persons they will hardly find credit with any one For who will thinke they did it out of the respect of their calling which they have given out for Popish and Antichristian or out of respect of their persons whom they have scandalized in so many great and publique congregations of the Kingdome infinitely exceeding in number those who were present at the Assembly The plaine truth then was this They could easily slander them with these crimes in the Churches but they were sure they could make no proofe of them at the Assembly Sixthly who did ever heare that the forme of proceeding of Presbyteries in that Kingdome was by reading of the Libell in any Church the custome being to cyte them personally where they may be found or if they be not to be found by leaving both the cytation and copie of the Libell at the place of their dwelling or if the partie bee out of the Kingdome by cyting him publiquely in the Church and afterward serving him with a copie of the Libell upon his coming home and appearance and if he doe not appeare by proceeding against him tanquam pro confesso which forme was observed by them in the processing of all the Ministers whom at this time they suspended and transmitted over to the generall Assembly none of their Libells being publiquely read in Churches But with the Bishops they proceeded otherwaies against all course of Law made the Libell against them bee read publiquely in the Churches and that after divers of them upon the Covenanters owne knowledge had been served with it by the Officers of that Presbyterie so that there was no use of any further publique citation personall citation being already made Nay and to doe it upon a Sunday though that morning the Magistrates of Edinburgh by Our Commissioners speciall commandement required them to forbeare Nay yet to publish that infamous Libell in their Churches upon a day when the holy Communion was solemnly administred Nay and in the Colledge Church where Rollock is Minister because it was late and after noone before all the people had received to have the ordinarie thanks-giving and praiers after the Communion quite omitted and the afternoone Sermon begun without any precedent praier and all to gaine time for the reading of this lewd Libell as if it had been of greater consequence then either the thanks-giving or praiers after the holy Communion or the reading of those Lessons and Chapters of sacred Scripture or using of praier which are duties usually performed before Sermon Nay to have this Libell read in the afternoone directly against the Act of the Presbyterie which appointed it to be read in the forenoone and to have it read neither by Minister nor Reader as the Act enjoyneth but by a Lay-man and a fierie Advocate All these put together let the Reader judge whether here were not many acts first of injustice then of impietie As drawing along with them the profanation and violation of the Lords house the Lords day the Lords holy Communion the Lords service and worship in both parts of it Praier and Preaching Seventhly the Reader shall doe well to observe in the Preface of this Libell what a harmlesse and hazzardlesse mustring and training of their men they make For all the Covenanters being now one grosse bodie sworne to one Covenant and to mutuall defence one of another without admitting any motion which shall tend to the division or breaking of their rankes see how they divide themselves onely to exercise their armes and to make them perfect in their postures and motions after they have cast themselves in severall figures they fall to skirmishing not in earnest but in jest to please themselves and the spectators For since they could not all be Judges and Commissioners of the Assembly they make their fellow-Covenanters not elected Commissioners to be Plaintiffes so that indeed upon the point the Plaintiffes and Judges are all one for they having all sworne and abjured as they say themselves the principall things to be determined in the Assembly the same actors before they came from their Tables at Edinburgh sorted and divided their parts appointed some to bee chosen Commissioners and so to act the part of Judges and others of themselves to draw a Libell against those whom they should nominate so they should act the part of Plaintiffes In the meane time what was like to become of the poore Defendants and the parties cited whether they were not like to bee killed in this play let the spectators deliver their opinions And this now is that Libell with which the Covenanters did undoubtedly compasse their owne end which was to raise up in the people an utter abhorring of the present Bishops persons and an irreconcilable hatred against both their persons and calling but with what
John Smith or any other he pleaseth here that we may know his care and account of his undertaking You will pardon me for this trouble I put you to being for friends that will be verie sensible of it whereof none are more obliged and lesse able to acquite all your favours then Edinb Novemb. 8. 1638. Your loving Cousin to dispose of Balmerino I could wish our owne friends were as well bestowed neere one another as can be and if I cannot come there the next weeke I will send a servant BY these lines you may easily perceive both the insolent contempts used by these men towards Our Councel and the resolution which they had to keep the Assembly or to remove it at their pleasures But after they were once perswaded that Our Commissioner was resolved to hold the Assembly at the time and place appointed by Our Proclamation the time of it approaching they sent out from their Tables a second paper of publique instructions throughout all the parts of the Kingdome which were these THat all Noblemen subscribers of the Covenant except the Noblemen of the West who shall be ready upon advertisment meet at Edinburgh the 12. of November and stay there till they goe to Glasgow where they shall all meet on Saturday the 17. of November at the furthest That the full number of these who are appointed Commissioners by the severall shires to attend this common cause with foure Gentlemen within the bounds of every Presbyterie at the least out of the number of their Assessors without excluding any voluntaries That they come to Glasgow the 17. day of November to attend constantly the Assembly and give their advice in the common cause to the ruling Elders Commissioners to the Assembly out of these Shires and Presbyteries That the Burrowes appoint according to their quality and number two foure or six of most judicious men to come to Glasgow the 17. of November and there constantly to attend the Assembly and give their advice to their Commissioner in this common cause That the Fast be observed the fourth day of November universally with any other dayes they may conveniently and if any be repairing to the Assembly that they keepe the Fast where they shall bee for the time That now especially seeing ruling Elders from particular Congregations are received in Presbyteries that particular Congregations take such course that no Minister Commissioner be forced to be absent from the Assembly for want of necessarie charges That where any hath beene deceived or compelled to subscribe this new Covenant that the Ministers take their Declarations in writing or by act in the bookes of Session or before one witnesse that they were forced deceived or mistaken And that every Minister make known and intimate publikely to the people the printed protestation contayning the reasons against this new subscription and where the Minister refuseth that some well affected Gentleman doe it IN the first of these there is a meeting appointed of all the Commissioners first at Edinburgh then at Glasgow which was no doubt to agree upon the conclusions to bee made in the Assembly before the Assembly should assemble In the second and third you see a course taken That both from Presbyteries and Burrowes the severall Commissioners shall have numbers of Assistants without whose advice the Commissioners were to conclude nothing a thing never heard of before at any Assembly of that Church and by which multitude they meant to terrifie all those who in Glasgow should offer to oppose or speake against them In the fourth to the high contempt of Our Authoritie and Proclamation they appoint another day for the publique Fast then was by Us designed In the sixth they order that all these who had subscribed Our Covenant and Confession should bee presented as publique offenders These new instructions especially that Article which appointed so great troupes to repaire to Glasgow all which as Our Commissioner was informed meant to goe thither with Armes and in hostile equipage which is most severely prohibited by the Lawes of that Our Kingdome moved Our Commissioner and Councell by publique Proclamation at the Crosse of Edinburgh severely to interdict any Commissioner for the Assembly at Glasgow to travell thither or to continue there with more attendance then those of their owne family and ordinarie retinue and that they should carrie with them no other Armes but such as were allowed by the Lawes of that Kingdome under the paines and penalties contained in the said Lawes This Proclamation they onely answered with a Protestation yeelding no obedience to it for they travelled to Glasgow in great troupes carrying with them prohibited and warlike Armes It is easie now to be conceived that Our Commissioner could expect no good from this Assembly the preparations whereunto were so full of rebellion and tumult and the precedent elections of the members whereof had induced many legall unavoidable and undeniable nullities of it yet because Our people should clearely see the realitie of Our royall intentions and the Covenanters partie might understand how they had beene abused by the reports which their leaders had dispersed That We meant nothing lesse then to keepe this Assembly and principally that in that Assembly We might fully make good to all Our subjects whatsoever We had promised in Our last gracious declaration the heads of the Covenanters having mainly laboured with them that point viz. that We never meant to performe what therein We had promised Our Commissioner began his journie towards Glasgow and arrived there on the 17. day of November in a quiet and peaceable manner none of his traine carrying with them any prohibited armes There met him at Glasgow all Our Councell by Our direction according to a Letter which We had written unto them requiring them to assist him all the time of his being there with their best concurrence and counsell Our Letter to them here followeth RIght trusty and right wel-beloved Cousin and Councellour Right trusty and right wel-beloved Cousins and Councellours We greet you well As by your Letter Wee find how well you are satisfied with Our gracious pleasure expressed in Our late Proclamation and Declaration so We doe expect the continuance of your care by your best indevours to bring all Our good people to a true sense of Our Royall intentions and reall care of preferring and advancing the good and peace of that Church and Kingdome which hath alwayes been and still is one of Our chiefest cares We give you hearty thanks for your affection and paines in this service and doe approve of your course in subscribing of the Confession and band and order taken by you for publishing and requiring the like due and thankfull acceptance of Our gracious pleasure by all Our good subjects And seeing the time of the Assembly doth now approach We require you to attend diligently upon Our Commissioner untill the time appointed for the downe sitting of the said Assembly and further to the finall ending thereof
protestation more largely And for the 132. and 133. act of the said Parliament 1584. there is no Ecclesiasticall priviledge or authority thereby granted to Bishops as Bishops but only a power of cognition wherein the Parliament hath joyned others the Kings Commissioners with them only as the Kings Commissioners and granted the same unto seculare persons with them but the King could never provide them to the office and jurisdiction of Bishops which was abolished by many acts of Parliament and Assemblies before written The 23. act 1587. worketh directly against Bishops being a generall ratification of all acts formerly made anent the religion presently profest in this kingdome which must include the acts abolishing Episcopacy but especially seeing in the same Parliament 1587. temporall livings are taken from the Bishops as well as the office was 1567. And the same act undoubtedly was granted in the same meaning wherein the Kirk did crave it who that same yeare had often condemned Episcopall government as contraire to Gods word and the liberty of the Kirk and approved Presbyteriall government as flowing from the pure fountaine of Gods word It falleth in here to be remarked that the act 114. anno 1592. is never alleadged and that because it not only revocks in particular the foresaid acts 1584. but in generall all other acts contrary to that discipline then established and in particulare the Assemblies Presbyteries and Synods with the discipline and jurisdiction of this Kirk are ratified and established as most just and Godly notwithstanding whatsoever statutes acts cannons civill or municipall lawes made in the contrare whereunto his Majesties prerogative is declared to be no wayes prejudiciall Further the said act abrogates all acts granting commission to Bishops and other Judges constitute in Ecclesiasticall causes and ordaineth presentation to benefices to be direct to Presbyteries with power to give collation thereupon And so containeth a ratification of the heads of Policy set downe in the second book of discipline Which act is renewed act 60. anno 1593. and the power of Presbyteries acknowledged 1594. act 129. and was never rescinded expresly in totum but only in part by the ratification of the act of Glasgow Which now cannot be respected but falleth ex consequenti seeing that Assembly of Glasgow is now upon just and infallible reasons declared to have been null ab initio and so this act of Parliament wisely omitted by the collecter to the Cōmissioners grace might serve alone without our preceeding speciall answers for clearing the whole preceeding acts The 23. act 1597. granteth the priviledge of a voyce in Parliament to the whole Kirk and under that name to Abbots or other persons provided to prelacies as well as Bishops even as in time of papistry So as Sir Robert Spottiswood Abbot of New-abbay road thereafter in Parliament which was both unwarrantable and unusuall Which doth nothing contribute for the Bishops advantage because albeit the benefice was not extinct yet neither the King nor the Parliament might give them the office so oft condemned by this Kirk which is also acknowledged in the same act because after the granting to them of the said voyce the Parliament remitteth them to the King and the Assembly concerning their office in their spirituall policy and government in the Kirk 2. The said act beareth expresly to be but prejudice of the jurisdiction and discipline of the Kirk established by acts of Parliament made in any time preceeding and permitted by the said acts to all provinciall and generall Assemblies and other whatsoever Presbyteries and Sessions of the Kirk and so the same cannot derogate from the former acts ratifying the present discipline of the Kirk especially the said act 1592. nor yet from the acts of the Assembly abjuring Episcopacy 3. The priviledge is granted upon condition they be actuall Pastors and Ministers And so we referre to the world and themselves if with good consciences they may claime the benefice of that act 4. That priviledge was obtruded and pretended to be introduced in favours of the Kirk who may and hath renounced the same as being incompatible with their spirituall function as the act of the Assembly at more length beareth upon undeniable reasons 5. When voyce in Parliament was first plausible obtruded upon the Kirk it was neither proponed nor tolerated in other tearmes then that onely such should have vote in Parliament as had Commissiom from the Kirk So that not as Bishops but as Ministers Commissioners from the Kirk they had vote in Parliament Like as the Assembly at Montrose 1600. being so hardly prest by authority that they could not get it altogether refused albeit in their conference at Haly-rud-house 1599. they proponed unanswerable reasons against this and all other civill places of pastours set downe cautions binding the Ministers voters in Parliament to bee insert in the act of parliament subsequent which was omitted notwithstanding of the Bishops oath and duty in the contrare for the breach whereof they are now most justly censured 6. The ratificatory acts of the priviledges of the Kirk and Discipline thereof then profest are not thereby abrogate but notwithstanding thereof must stand in force because it is ever understood and frequently provided in Parliament that all acts thereof are made salvo jure cujuslibe◠far more salvo jure ecclesiae sponsae Christi when she is robbed of her right without audience especially seeing her right is usually ratified in the first act of every Parliament 7. Albeit it were granted that by this Act of Parliament or any whatsoever the Prelates had voice in Parliament yet that doth not exeime them from Ecclesiastick censure nor forefault the Kirks right whereby she may condemne them for their transgressions as now this Assembly most justly hath done for by their own caveats whosoever is ecclesiastically censured by Presbyteries and provinciall Assemblies ipso facto loseth his benefice and vote in Parliament 8. Further the Bishops in their declinatour professe they never had commission from this Kirk to voice for her in Parliament according to the cautions set down in the Assembly at Montrose for the which cautions that Assembly was never challenged as trenching upon the third estate The act of parliament 1606. is coincident with the nature of the preceeding acts for albeit the King and parliament might have reponed them to their rents teends lands c. which were annexed to the Crown yea might have disponed to them any part of the patrimony of the Crown If lordly titles and civill places in the persons of pastors separat to the Gospel had been lawfull yet could not give them the spirituall office and jurisdiction spirituall which was abolished and abjured by many preceeding acts of Assembly and parliament forecited Et quod illud tantum agebatur is evident by the whole straine of the act reponing them for remeed of their contempt and poverty to their dignities priviledges livings rents lands and teinds and this alwayes
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
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
supreme Magistrate giving to God what is Gods and to Cesar what is Cesars whereby the soveraign Magistrate hath no prejudice but great benefit to know the extent of his power in matters Ecclesiasticall lest either he should come short of what is due to him or for want of true information incroach upon the liberties of Christs Kirk Whereby it is most evident that no indirect nor partiall courses nor dangerous propositions have beene used in the preparations and elections to this Assembly but such as are most legall peaceable ordinarie and warrantable In the next place the Proclamation charges our innocency for repairing to the Assembly with great troupes and bands of men boddin in fear of war and furnished with forbidden armes in contempt of a preceding Proclamation whereas the truth is that our going and repairing to Glasgow was in the most peaceable quiet and single way which might serve for our security and indemnity against sundry outlawes Clangregors and their followers who shortly before the meeting of the Assembly had done sundry outrages and committed many insolencies upon the Kings good Subjects in these Westerne parts both to private men whom by their number they might enforce and by exacting moneyes at publicke mercats neere Glasgow whereof many were advertised by their private friends from these places and to come thither prepared for eviting all affront or hazzard which they might incurre by that rascally multitude So that being firmely resolved of before to goe thither every one accompanied with his own ordinary private train we yet continued in that resolution and went thither in most sober and quiet way onely with this change that for preveening that hazzard we went not every man alone with his owne ordinary servants but some few together went in company which is not onely ordinary in going out the way but was most expedient at that time for avoiding the foresaid hazzard and prejudice which moved us all so to carry with us some offensive weapons wherewith not onely these rebels were provided but likewaies such who went to Glasgow with his Majesties Commissioners who upon that same necessity were likewaies provided with those prohibited weapons and yet their carriage nothing thought to deboird from the duty of good subjects Upon these reasons some of the supplicants being present in Edinburgh at the making of the said Proclamation 16. of November last did protest that it might be lawfull for them to carry weapons for their own defence and preservation against any such lawlesse invasion or violence as might threaten them and that they might incurre no prejudice by carrying such weapons as those who followed Councellours and many others did promising to carry themselves peaceably and irreproveably during the time of the Assembly which accordingly they have done and seeing our said carrying of weapons was for defence of our lives against the invasion of these barbarous sorners we are not censurable therefore by the act of Parlament prohibiting the saids weapons because we was repairing to or returning from the Assembly at command of his Majesties letters and authority which is in speciall words exprest in the act of Parliament Act 18. Parliam 1. James 6. which is thereafter ratified with the same provisions Act. 87. Parliam 6. James 6. and thereafter also ratified Act. 248. Parliam 15. James 6. like as by the 227. Act Parliam 14. James 6. all honest men and good subjects free-holders are authorized with a commission to take and apprehend the persons and goods of those sorners and thieves keep themselves in prison and execute them to the death And therefore farre more to carry weapons for resisting of their savage violence And where the formall and orderly proceeding of this Assembly is challenged in the Proclamation as peremptory for refusing voice to the six Assessors assumed to himself by the Commissioner and for not suffering the Declinator by the Bishops to be read before the electing of a Moderator We cannot conceive the same to be a just cause of offence because albeit according to our bound duty We deferre all humble respect to his gracious Majesties Commissioner and to the persons and places of the prime Noble-men and Councellours his Graces Assessors yet for preservation of the liberty of the Kirke of Jesus Christ We did in all humility remonstrate that his Majesties Commissioner and Assessors how many soever whose place is not to vote but to assist the Commissioner by their counsell for his orderly proceeding could have but onely one voice in the Assembly Since after thirty-nine nationall Assemblies of this reformed Kirke where neither the Kings Majesty nor any in His name were present at the humble and earnest desire of the Assembly his Majestie graciously vouchsafed His presence either in His own royall person or by a Commissioner not for voting or multiplying of voices but as Princes and Emperours of old in a Princely manner to countenance that meeting and to proceed in it for externall order And if we had been honoured with his Majesties personall presence his Majesty according to the practice of King James of blessed memory would onely have given His own judgement in voting of matters and would not have called others who had not been cloathed with commission from the Kirke to carrie things by plurality of voices Which is also imported by his Graces Commission produced wherein hee is nominate sole Commissioner Like as also his Majesties Father never had Assessours voicing in lawfull Assemblies nor challenged the same to his Commissioners but onely of late dayes in these corrupt Assemblies which for undenyable reasons are declared to have beene null ab initio And as to the refusing of the reading of the Declinator and Protestation exhibite by the Prelates The same was publickly read and the first Act of the Assembly immediately after the election of a Moderator and constitution of the members before the which time there was no Assembly established to whom the same could have beene read or by whom it could be judged Like as we desired his Grace to bring in the Prelates themselves and we should both answer for their safety and give them a full audience And further whereas his Grace under his hand gave in his Majesties declaration mentioned in this Proclamation the same being considered by the Assembly gave them matter of great joy to finde his Majesties royall heart so farre enlarged towards them as willingly to untie some of those grievous bands wherewith they had beene fettered by the meanes of some who abused their own places and trust with his Majesty But the same was not found satisfactory nor sufficient for establishing of a legall security of the points therein mentionate nor yet for purging the corruptions and setling the peace of this Kirke as was promised whereof the Commissioner his Grace would not stay to be informed but did unexpectedly and suddenly remove to the great grief of the Assembly who thereby was necessitate to
that oaths have been exacted different from that which is set downe in the acts of Parliament and in many severall wayes according to the pleasure of the Prelats And where his Majestie declares that no other oath shall be required of a Minister at his entry nor that which is set down in the act of Parliament the same is of fearefull consequence because the act beares an oath to be given unto the Bishop by Ministers intrants and so supposeth the office of a Bishop to be unchangeable and uncontroverted whereby the Assembly is prelimited against the reasons before mentioned which may finde that office uselesse and unlawfull in this Kirk and which now they have found upon most infallible reasons Fifthly that his Maiesty assureth generall Assemblies shall be kept as oft as the affaires of this Kirk shall require doth not satisfie because first by leaving the time undefinite it preiudgeth the liberty of the Kirke of holding yeerly generall Assemblies at least and oftner pro re nata ratified by the act of Parliament 1592. the disuse whereof hath beene a maine cause of our evils which should bee prevented in time comming by renewing that ancient necessarie custome and liberty Secondly by the same act of Parliament it is provided that the King or his Commissioner being present shall appoint the time and place of the next Assembly And in case his Maiesty or his Commissioner be not present for the time in the towne where the Assembly is holden it shall be leasome to the said generall Assemblie by themselves to appoint the time and place of the next Assembly as they have bin in use in times past But this declaration not only leaves all indefinite but totally everts that power and liberty competent to them by law and custome Thirdly As it doth not determine how oft the ordinary effairs of this Kirke require an Assembly which the custome of this Kirke and act foresaid evidently manifest to bee yeerely once at least so neither doth it determine who shall judge when the necessity of extraordinary effairs require an Assembly pro re nata whereas undoubtedly the Kirke will be most sensible of her owne necessities and is the most proper Judge of her owne effaires And therefore should have freedome to appoint her owne times when she finds her selfe pressed with present exigencies as his Maiesty hath also power when hee perceives any necessity requiring the same Sixthly whereas his Maiesty is content that all the present Bishops and their successours be answerable to and censurable by the generall Assembly it doth not satisfie because First it beares a prelimitaon of the Assembly in the matter of trying that Office and presupposes the continuance thereof by succession as unquestionable Secondly They have beene formerly made censurable by the generall Assembly in the straightest way that the Kirke could enjoyn or they could assure And yet these thirty yeeres they have shunned all censure though all their actions deserved it by procuring generall Assemblies to be prorogate and then suddenly indicted when they had cunningly prepared both persons and purposes to their minde Likeas now they have by their Declinator refused to answer and be censured by this present Assembly indicted by his Majestie conveened in the name of Christ and perfitly constitute in the members thereof And therefore it lyeth upon this present Assembly to take some solide course for securing the Kirk in all time comming against the prejudices of their former and frequent breaches contrary to their oathes given Seventhly whereas his Majestie requireth this present Assembly to subscribe this Confession of Faith formerly signed by his Royall Father 1580. and lately commanded by his Majestie to be subscribed by all his Majesties subjects The reasons contained in the Protestation September last 22. whereto we adhere and repeats the same do sufficiently evidence that we cannot subscribe the same to which we adde First that his Maiesties Commissioner hath declared to the Lords of Session when their subscriptions was required that it might subsist with the innovations introduced since the yeere of God 1580. which some of the said Lords then did and all of us doe now conceive to repugne to the genuine and true sense of the Confession of Faith as it was first made Secondly That his Grace hath protested divers times in this Assembly that nothing done or to be done therein prejudge the Archbishops and Bishops in their priviledges places power and jurisdiction whereby the declareth that these may subsist with the Confession of Faith notwithstanding they be novations introduced upon this Kirke contrary to the same since the yeer foresaid as is now found by the Assembly Thirdly That to the Assembly presently conveened and perfectly constitute in the members thereof it pertaineth properly according to the word of God constitutions of this Kirke and booke of Policie ratified in divers Assemblies to determine what is the true meaning of the Confession of Faith and to make the same knowne to all the members of this Kirke who thereafter without scruple or danger may subscribe the same And although the Assembly could not finde this Declaration satisfactory for these and the like weighty reasons yet were they willing the same should be insert in their books for obedience to his Maiesties desire and thankfully acknowledging his Maiesties pious affection to true Religion and Royall resolution to defend the same and his subiects in the profession thereof exprest in the closure of his Royall Declaration they were confident that when his Maiestie shall bee fully informed that the novations introduced since the yeere 1580. are incomparable with the Confession of our Faith he will be pleased graciously to vouchsafe his comfortable protection upon those who adhering to the true meaning of that Confession now fully cleared by the Assembly have abjured all the innovations introduced and by their great oath and subscription have bound themselves to maintaine the true Religion and his Majesties person and authority in defence of the same And thus true Religion being the channell which convoyeth both duties to their proper object the evidence of Gods image in our dread Soveraigne his Depute shall bee terrible to all the enemies of his Majestie and of his loyall subjects who stand for the Confession of Faith and the true meaning thereof and shall raise up the affections of his Religious subjects towards his Majestie above all earthly respects And where it is subjoyned in the Proclamation that nothing was able to give contentment except we were permitted to overthrow Episcopal government and to abrogate publicke Lawes standing and take away one of the three Estates wee are sufficiently cleared thereof by the Acts of the Assembly abrogating and abolishing Episcopall government in this Kirke for infallible reasons contained in the said Act and also by our answer published to the Declaration emitted in the Commissioners name which for brevity we forbeare to insert herein whereby wee have
sharpest warre was rather to be endured then the least errour in doctrine or discipline Another in his Sermon wished That hee and all the Bishops in that Kingdome were in a bottomlesse boat at sea together for he could bee well content to lose his life so they might lose theirs Thousands more such beastly barbarous and profane speeches were delivered by them not onely in their Pulpits but in their Sermons For the Reader must know that in these times of tumult where the Churches were not able to containe the great multitudes they did usually preach in common and profane places in roomes which are yet in building and not finished intended for Lawyers to plead in in the Halls of the Taylors and other mechanicall tradesmen of Edinburgh in some private houses in the Hall of the Colledge of Edinburgh where one Sunday Rollock being to preach but finding the crowds of people to be too great for that place mounted upon the top of a paire of staires which went up to an upper ground in an open place which was onely covered by the heavens and from thence preached to a great troupe or multitude whose breath is the onely aire hee desireth to live in being shot quite through the head with popularitie Others preached in the free-Schoole at Edinburgh where boyes use to play and bee punished If these speeches and many as bad or worse then these and delivered in such places be fit to perswade the people that their Covenant comes from God the Reader may easily discerne The second meanes which they used for blind-folding the eyes of the people were their many false reports which both in their Pulpits and out of their Pulpits they vented amongst the people which their Leaders knew in their owne consciences to be most false They gave it out that We intended to bring in Poperie in all Our Kingdomes or at least a toleration of it It was preached that the Service Book was framed at Rome and brought over by a country-man of theirs when they doe know that every Papist by the Popes Bull is prohibited to heare the Service Booke read Others preached that all England was of their opinion and judgement and that they had good intelligence from hence that no man would adhere to Us against them Another preached that no man would have protested against the generall Assembly but for money and that none had protested but they who had received some when they did know that many had protested who had received none It is true indeed that some poore Ministers being thrust out of their Benefices by them for adhering to Us were petitioners to Our Commissioner for relieving the necessities of them and their families some of those who were most necessitated he did a little relieve but some of that number were none of the protesters and many who were protesters were none of that number It was preached ordinarily in their Pulpits that neither We nor Our Commissioner in Our name did ever intend to hold the generall Assembly or if We did hold it did never intend to performe any thing which We had promised in Our gracious Declaration though they now know that We have performed both Within these few daies some desired the people publiquely in their Pulpits to give thankes to God for that overthrow which the Hollanders had given to the Spanish Fleet before Dunkirke assuring their auditours that it was no lesse to be celebrated by them then their deliverance from the Spanish Invasion in 88. because all that Fleet was prepared at Our charge for their ruine and subversion Besides many thousands more such reports and counterfeited letters scattered by them of which some no doubt were devised by themselves whereby they kept Our people in that ignorance in which at the very first they had resolved to involve them Now what a fearfull and terrible thing is it for men in the house of God and in those places of these houses of God which they call the chaires of truth to deliver such things as either they doe not know to be true or doe know to be false Besides these dictates of the Ministers the lay-Elders since they came to thinke themselves Ecclesiasticall persons for so now they doe and will not be called lay but ruling-Elders they have found new inspirations and delivered doctrines as like their Divines as may be one of them We cannot chuse but rehearse An ancient Knight and a lay-Elder intruded himselfe and his fellowes upon a Presbyterie for chusing the Ministers Commissioners for the Assembly and the Ministers of that Presbyterie not being able to keep them out though they earnestly desired it fell to intreat these lay-Elders that if they would needs intrude themselves in their election they would have a speciall care to chuse the ablest Ministers and who were most inclined to moderation and peaceable courses because the Church at this time stood in great need of such Commissioners The old Knight in great zeale replyed That whosoever at this time gave his voice to a moderate or peaceable minded Minister hee was a betrayer of Christ and his cause because these times required no luke-warme Commissioners which barbarous and unchristian speech of his being related by way of complaint to the Tables at Edinburgh was so far from being censured as it was approved for a high and heroicall ejaculation The third meanes whereby they have perverted Our people and continued them in their disobedience to Us and Our Lawes have been their strange and damnable positions whereby they have impoysoned Our subjects some whereof We shall now declare unto you First What subjects doe of their owne heads is much better then what they doe in obedience to Authoritie the one savouring of constraint but the other being voluntarie and cheerfull obedience This proposition is delivered in their Protestation bearing date the 22. of September 1638. made against Our gracious Declaration it is in their fifth reason against the subscription to the Confession of faith urged by Us. A second The Parliaments power doth no more reach to the placing of Officers originally in the Church then the Church hath power to make States-men in the Common-wealth This position is in their answer to Our Commissioners Declaration concerning Our sense and meaning in commanding the Confession of faith to bee subscribed Where they have added the word Originally onely to puzzle the Reader For certainly their meaning must bee That the Parliament hath no power for confirming of Officers placed in the Church by the Church it selfe for no Act of Parliament in that Kingdome doth make any Officers in the Church originally but onely ratifieth and confirmeth such as were established by the Church in her generall Assemblies A third position is this The Parliament can make no law at all concerning the Church but onely ratifie what the Church decreeth and after it hath ratified it yet if the Assembly of the Church shall prohibit it and repeale that decree of the Church all
the subjects are discharged from yeelding obedience to the Act of Parliament which either made any such law or ratified any such decree of the Church This position they deliver in their answer to the 5. reasons in the said Declaration and would be well weighed A fourth position is this The Assembly hath power to discharge all subscription to the confession of faith commanded to be subscribed by Us and as it is interpreted by Us or Our Commissioner so leaving Us no power at all in Ecclesiasticall causes which all Reformed Churches give their Princes according to Gods Law This position is in the same place in their conclusion of their answers to the five reasons A fifth position is this The Assembly without Us is the Church and the onely Judge competent fit to interpret and explaine all doubts arising upon the confession of faith commanded by Us which they put in practice by explicating Our confession of faith against Our owne meaning and after We had dissolved the assembly This position is set downe in the beginning of their conclusion after their answers to the five reasons A sixth position is this Though the Law be interpreted yet if it be interpreted in a sense disliked by most of the Kingdome the body of the Kingdome for whose good the Law was made may crave the lawfull redresse of the grievances sustained by that Law This position is in the fifth of their ten Articles propounded before the indiction of the assembly A strange position that they shall crave redresse of a Law and before a Parliament which onely can redresse it and though they call it a craving to redresse it yet they meane an actuall redressing of it for they before a Parliament was at this time indicted have actually done many things against Acts of Parliament and stand upon their justification that they may lawfully doe so The seventh position is this The Assembly is independant either from King or Parliament in matters Ecclesiasticall This position is in their Protestation against Our Proclamation of the 18. of December 1638. in their third reason against Our gracious offers delivered into the Assembly by Our Commissioner and is a position delivered not onely in the sense but in the very words of the Jesuites The other positions following generally dispersed throughout their Protestations and Pamphlets are so obvious to any one who hath read them as the particular cytation of them may bee forborne such as are these following An eight position is That in all matters determined in an assembly We are to receive them as the son of the Church and have no further interest in them though they be not matters of faith but matters of government and those concluded by them against Acts of Parliament established by Us and Our three Estates nay though they concerne secular businesse as making of Salt and fishing for Salmons on Sundaies changing of Markets from one day in the weeke to another and such like for in their late pretended Assembly they have determined of many such things as doth appeare by the Index of their Acts. They will not find many Papists who have said so much for the Church of Rome nor any Jesuites which have said more A ninth position is this It is lawfull for subjects to make a Covenant and combination without the King and to enter into a band of mutuall defence against the King and all persons whatsoever though by two Acts of Parliament before cyted all such persons as shall be found either contrivers of or adherers to any such league are punishable with death A tenth position is this That it is lawfull for themselves sitting in an assembly to indict a new assembly without Our consent as they have now indicted a new assembly to bee held in July next or out of the assembly when they please as they professed that now they would have done if We had not indicted one though this be directly and expresly against two Acts of Parliament before cyted An eleventh position is this If subjects bee called before Us and Our Councell for any misdemeanour if they who are called doe any way conceive that the matter for which they are called doth concerne the glory of God or the good of the Church and a wonder it is if any cause can be found which doth not concerne one of these two then they may appeale from Us and Our Councell to the next generall Assembly and Parliament and in the meane time before these appeales be either heard or discussed they may disobey Us and Our Councell although by an Act of Parliament before cyted it is expresly made treason and the Ministers who appealed from Our Royall Father and his Councell were upon that Act arraigned and found guilty of treason The twelfth position is this That when We are intreated to indict a generall Assembly it is not that there is any need of Our indiction but rather to doe Us honour and to beget some countenance to their proceedings alledging that the power of indiction is in Us but cumulativè not privativè which if We shall refuse then that power is suppletivè in the collective bodie of the people as it is alwaies say they in all other cases if the Prince shall either neglect or refuse to doe his dutie Nor are they ashamed to averre that all Soveraigne authoritie was originally in the collective bodie of the people by them conferred with their owne consent upon the Prince and therefore if the Prince shall omit to doe his dutie he either falls from his right or his right is interrupted untill he returne to his dutie but that in the meane time the Soveraigne right and authoritie doth returne to and remaine with the people from whom it was at the first derived upon the Prince A prettie matter it were if Princes Crownes and Soveraignties should depend upon such notionall and pedanticall distinctions and wonder it is that these men who professe themselves to be the greatest enemies to Poperie in all the World should borrow the very words and termes of this ridiculous distinction from the Jesuites which distinction if it had ever been used in those primitive and purest Councels of the Church all of which were onely called by the Emperours and in which all matters were ordered and disposed by their Presidents and Deputies it would have made those Emperours out of love with the Councels and Assemblies of the Church But they were never robbed of that speciall prerogative of their Crowne untill the Bishops of Rome by their tyrannie and usurpation and by animating and arming their owne subjects against them dispossessed them of it And now We and Our Successors being repossessed of it againe by the Lawes of that Our Kingdome and the usurpation of the Pope in that very particular being by many of Our Acts of Parliament excluded wonder it is to see these men take upon themselves that usurped and cashiered Papall authoritie The thirteenth position is this If We or
none of these things were so yet Wee would be satisfied in this point Whether Our refusing of the intrusion of lay-Elders and the extrusion of Episcopall government can bee to the conscience of any man a sufficient warrant or ground for his taking armes against his lawfull King and Soveraigne for now their very Leaders acknowledging that We have given them satisfaction in the rest make these two the onely ground of all their armes And Wee appeale to the consciences of most of Our subjects Covenanters if when they entered into that Covenant at the first they did ever imagine that they should be perswaded to take armes against Us for these two points of lay-Elders and Episcopall government if they should receive satisfaction from Us in their other grievances and feared innovations as We have before declared Wee are confident that no such matter was then within the compasse of their thoughts We then having fully removed those pretended feares which occasioned their Covenant Wee cannot but hope that Our seduced subjects will returne to their former obedience but for their seducers Wee know that some of them from the very first were resolved never to receive any satisfaction This grand imposture and calumnie with the other three being removed We will now declare fully and freely to all Our subjects of Our three Kingdomes and to all forrainers besides the true and onely causes which doe inforce Us at this time to use force for the repressing of the insolencies of such of Our subjects in that Kingdome as shall stand out against Us first protesting that none of the causes before mentioned suggested by their Leaders have settled in Us this resolution but onely these causes which now follow First We will never endure that any of Our subjects nay that all Our subjects if they could possibly bee all of one mind out of Parliament shall ever abolish or destroy any Act of Parliament especially not Noblemen and others assembled in an Ecclesiasticall Assembly for to hold that any Assembly of subjects out of Parliament or in Parliament without Our consent may abolish any Act of Parliament destroyeth the very foundation of government and justice in all Monarchies and the doing of it by Ecclesiasticall persons in their Councells and Synods hath been the cause of infinite calamities and miserable wars and devastation of Kingdomes in the Christian World since the Pope and his Conclave did usurp that unlawfull and unlimited power which being in that Our Kingdome in all these late troubles practised against the expresse lawes of the same Wee are resolved to punish unlesse the offenders betake themselves to Our mercie Secondly We are resolved not to endure that any of Our subjects without Our consent and the consent of the Parliament shall destroy any of the three Estates of Parliament which they in their late pretended Assembly have gone about to doe Thirdly We are resolved not to endure that any generall Assembly shall be called but by Our indiction according to an expresse Act of Parliament in that case provided or that it shall continue after that Wee by Our authority have dissolved it and are resolved to punish them who shall doe so as Our Royall Father punished those who did the like at Aberdene Fourthly We are resolved to punish those who have imposed taxes upon Our subjects levied men or armes raised any fortifications in that Our Kingdome without Our leave and first blocked up and then taken Our Castles and Forts and by violence dispossessed Our loyall subjects of their houses and castles detaining them by force for all these by the expresse Lawes of that Our Kingdome are acts of treason and rebellion Fifthly We are resolved not to endure that the Protestations of subjects against Us Our Councell Our Judges and Lawes shall discharge the obedience of the protesters unto these Lawes unlesse they be admitted before the competent Judges and legally discussed before them the contrarie whereof hath been practised by the Covenanters all the time of these tumults Sixthly We are resolved not to endure that Our subjects shall enter into any covenant or band of mutuall defence without Our leave asked and obtained it being expresly forbidden by divers Acts of Parliament of that Our Kingdome for this hath been and still is the ground of all this Rebellion Seventhly and principally We are resolved not to endure that any of Our subjects under the name of a Table or Committees of the generall Assembly or under any other name title or pretence whatsoever shall sit without Our consent and authoritie and order businesse of the Church and Kingdome at their pleasure and if they shall be called in question for the same by Us Our Councell or Judges shall appeale from Us and them and refuse to be judged by either alledging that they will be judged by none but by the generall Assembly which is Christs owne immediate Councell and therefore hath no dependencie from or subordination either to Our Councell or Judges or Our Parliament which is the Councell of Our Kingdome and so that both Church-men and lay-men under Ecclesiasticall names shall exempt themselves from the authoritie of Us and Our Lawes and the Assembly it selfe shall hold the members of it free from being judged in all matters of Assembly by any but by it selfe which by the Lawes of that Our Kingdome is treason as appeareth by the Act cyted in the bodie of this narration Now all this hath been practised and is practised by those which call themselves of the Table From all which We hope it is evident that the offences which We resolve to punish in some of Our subjects doe not concerne Religion So that the question is not Whether there shall be a Service Booke Booke of Canons high Commission nay nor whether there shall be no lay-Elders in Assemblies or no Episcopall government though We are resolved to reject the one and retaine the other But the question indeed is neither more nor lesse then this Whether We and Our Successours shall be any more Kings of that Kingdome for if these traiterous positions shall bee maintained and made good by force of armes then We and Our Successours can bee no more Kings there Our Parliament Councell and Judges have no more authoritie there So that unlesse We will give over to be King and so betray and desert that charge wherewith God hath intrusted Us We must use that power which God hath put in Our hands and by faire just and legall waies to Our great griefe force them to obedience These are the true reasons which have forced Us to undertake this journey and to make use of the armes and aide of Our loyall subjects here for the securitie of this Kingdome and safeguard of Our person as likewise of the armes and aide of Our subjects of that Kingdome for the same purposes And here first We call God to witnesse what an unwelcome journey this is unto Us and how unwillingly We doe undertake it Secondly We