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
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
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
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
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
State excuseth our uncessant and importune calling for these present remedies Doth insinuate the continuance and execution of any pretended Lawes for these innovations of worship and corruptions of Church government and civill places of Church-men which by our Covenant wee have obliged our selves to forbeare and the re-establishment of these evils in an Assembly and Parliament which hee will call in his best convenience to wit for that and this other end of satisfying his subjects judgements anent the Service Booke and Book of Canons Doth condemne all our former proceedings even our supplicating complaining protesting subscribing of our Covenant together and our continuall meetings as great disorders increase of disorders deserving justly a powerfull rather then a perswasive way a running headlong into ruine a perishing in our faults a blind disobedience under pretext of Religion and doth threaten denounce Now once for all If we be not heartily satisfied and give testimony of our obedience after this Declaration but continue as by our former proceedings to draw on our owne ruine that albeit unwillingly he must make use of that power which God hath indued him with for reclaiming of so disobedient people THerefore we in our own name and in name of all who will adhere to the Confession of Faith and reformation of Religion within this Land are forced and compelled out of our bound duty to God our King native Country our selves and our posterity lest our silence should be prejudiciall to so important a cause as concernes Gods glory and worship our Religion and salvation the Lawes and Liberties of this Church and Kingdome or derogatory to our former supplications complaints protestations Articles and proceedings or unanswerable to the solemne oath of our nation covenant with God To declare before God and man and to protest Primo That we doe and will constantly adhere according to our vocation and power to the said Reformation in doctrine use of Sacraments and discipline And that notwithstanding of any innovations introduced therein either of old or of late Secundo we potest That we adhere to the grievances supplications and protestations given in at Assemblies and Parliaments and to our late supplications complaints protestations and other lawfull proceedings against the same and particularly against the Service book and booke of Canons as maine innovations of Religion and Lawes and full of Popish superstition and so directly contrary to the Kings Declaration And against the High Commission as a judicatory established contrary to the Lawes and Liberties of this Church and Kingdome and destructive of other lawfull judicatories which both in respect of the nature of it and manner of introduction without consent of the three Estates of Parliament cannot be any wayes rectified but absolutely discharged Tertio we protest That we adhere with our hearts to our Oath and subscription of the Confession of Faith the solemne Covenant betweene God this Church and Kingdome and the clauses particularly therein expressed and generally contained and to our last Articles for the peace of this Kirke and Kingdome drawne out of it and to all the matters therein contained and manner of remedy therein desired Quarto We protest that this Proclamation or act of Councell or any other act or Proclamation or Declaration or ratification thereof By subscription or act or letter or any other manner of way whatsoever or any precondemnation of our cause or carriage before the same be lawfully heard and tryed in the supreme judicatories of this Kirk and Kingdome the onely proper judges to nationall causes and proceedings or any certification or threatning therein denounced shall no waies be prejudiciall to the Confession of Faith lawes and liberties of this Kingdome nor to our supplications complaints protestations articles lawfull meetings proceedings pursuits mutuall defences nor to our persons and Estates and shall no wayes be disgracefull either in reality or opinion at home or abroad to us or any of us But on the contrary that any act or letter or subscription of the Councell carrying the approbation of the declaration and condemnation of our proceedings indicta causa is and ought to be repute esteemed unjust illegall null as here before God and man we offer to clear to verifie both the justice of our cause and carriage and the injustice of such acts against us in the face of the first generall Assembly of the Church Parliament of the Estates unto whom with all solemnities requisite we do publikly appeal Quinto We protest that seeing our former supplications last Articles our last desire and petition to his Majesties Commissioner which petitioned for the present indiction of a free general Assembly Parliament according to the law and custome of all nations of this nation in the like case to hear the desires ease the grievances settle the fears of the body of the Church Kingdome are thus delayed in effect refused to wit Once for all till his Majesties conveniency for the end contained in this Proclamation that We continue by thir presents to supplicate his Majesty again and again for the granting of the same And whatsoever trouble or inconvenience fall out in this land in the mean time for want of these ordinary remedies and by the practice of any of these innovations evils contrary to our supplications articles confession it be not imputed unto us who most humbly beg these lawfull remedies but also that it is shall be lawfull unto us to defend and maintain the Religion lawes and liberties of this Kingdome the Kings Authority in defence thereof every one of us one another in that cause of maintaining the Religion and the Kings foresaid Authority according to our power vocation and Covenant with our best counsel bodies lives means whole strength against all persons whatsoever against all externall or internall invasions menaced in this Proclamation Like as that in the great exigencie of the Church necessitating the use of this ordinary and lawfull remedies for settling the commotions thereof it is and shall be leasome unto us to appoint hold and use the ordinary means our lawfull meetings and Assemblies of the Church agreeble to the Law of God and practice of the primitive Church the Acts of the generall Assemblies and Parliaments and the example of our Worthy Reformers in the like case Sexto We protest that our former Supplications Complaints Protestations Confessions meetings proceedings and mutuall defences of every one another in this cause as they are and were in themselves most necessary and orderly meanes agreeable to the lawes practice of this Church and Kingdome to be commended as reall duties of faithfull Christians loyall Subjects and sensible members of the body of the Church and Kingdome and no wise to be stiled nor accounted great disorders misdemeanors blind disobedience under pretext of Religion and running headlong into ruine c. So they proceeded only from conscience of our duty to God our King native
people betweene two opinions and their not answering a word when the Lord called them to give a testimony Act. 20.20 I have keeped backe nothing that was profitable unto you and againe 1 Cor. 12.7 Mat. 15.18 Rom. 1.18 Revel 2.14.20 and 3.15 and therefore to keepe silence or not to meddle with corruptions whether in doctrine sacraments worship or discipline in a generall Assembly of the Kirk conveened for that end were the ready way to move the Lord to deny his Spirit unto us and to provoke him to wrath against our proceedings and might be imputed unto us for prejudice for collusion and for betraying our selves and the posterity 2. This predetermination is against our supplications and protestations wherein we have showne our selves so earnest for a free generall Assembly contrary to every limitation of this kind so far prejudging the liberty thereof is against the Confession of Faith registrated in the Parliament 1567. declaring that one cause of the Councels of the Kirk is for good policie and order to be observed in the Kirk and for to change such things as men have devised when they rather foster superstition then edifie the Kirke using the same and is against our late Confession wherein we have promised to forbeare all novations till they be tryed which obligeth us to forbeare now and to try them in an Assembly and by all lawfull meanes to labour to recover the former purity and liberty of the Gospel to which this limitation is directly repugnant our liberty in a Generall Assembly being the principall of all lawfull meanes serving to that end 3. This were directly contrary to the nature and ends of a generall assembly which having authority from God being conveened according to the lawes of the Kingdome and receiving power from the whole collective body of the Kirke for the good of Religion and safety of the Kirke Whatsoever may conduce for these good ends in wisedome and modestie should be proponed examined and determined without Prelimitation either of the matters to be treated or of the libertie of the members thereof It being manifest that as farre as the assembly is limited in the matters to bee treated and in the members to be used the necessary ends of the Assembly and the supreme Law which is the safety of the Kirke are as far hindered and pre-judged This limitation is against the Discipline of the Kirke which Booke 2. chap. 7. declareth this to be one of her liberties That the Assembly hath power to abrogate and abolish all Statutes and ordinances concerning Ecclesiasticall matters that are found noysome and unprofitable and agree not with the time or are abused by the people and against the acts of the generall assembly Like as the pretended Assembly 1610. declareth for the common affaires of the Kirk without exception or limitation it is necessary that there be yearly generall Assemblies And what order can be hoped for hereafter if this assembly indicted after so long intermission and so many grosse corruptions be limited and that more than ever any lawfull Assembly of the Kirk was when it was yearly observed 5. It is ordained in Parl. 11. act 40. K. James 6. anent the necessarie and lawfull forme of all Parliaments that nothing shall be done or commanded to be done which may directly or indirectly prejudge the libertie of free voycing or reasoning of the Estates or any of them in time comming It is also appointed in Parl. 6. act 92. K. James 6. that the Lords of Counsell and Session proceed in all civill causes intended or depending before them or to be intended to cause execute their decrees notwithstanding any private writing charge or command in the contrarie and generally by the acts of Parliament appointing every matter for its owne judicatorie and to all judicatories their owne freedome And therefore much more doth this liberty belong to the supreme judicatorie ecclesiastick in matters so important as concerneth Gods honour and worship immediatly the salvation of the peoples Soules and right constitution of the Kirk whose liberties and priviledges are confirmed Parl. 12. K. James 6. Parl. 1. K. Charles for if it be carefully provided by diverse Acts of Parliament especially Parl. 12. act 148. K. James 6. That there be no forstalling or regrating of things pertaining to this naturall life What shall be thought of this spirituall for stalling and regrating which tendeth to the famishing or poysoning of the soules of the people both now and in the generations afterward 6. It were contrary to our Protestations proceedings and complaints against the late innovations And it might be accounted an innovation and usurpation as grosse dangerous to us and the posterity and as prejudiciall to Religion as any complained upon by us to admit limitations and secret or open determinations which belongeth to no person or judicatorie but to an Assembly Or to consent to and approve by our silence the same predeterminations It were to be guilty of that our selves which we condemne in others We may easily judge how the Apostles before the Councell of Jerusalem the Fathers before the Nicene Councell and our Predecessors before the assembly holden at the Reformation and afterwards would have taken such dealing That this Proclamation commandeth all his Majesties Subjects for maintenance of the Religion already established to subscribe and renew the Confession of Faith subscribed before in the yeere 1580 and afterward And requireth the Lords of privie Councell to take such course anent the same and the generall Band of Maintenance of the true Religion and the Kings person that it may be subscribed and renewed throughout the whole Kingdome with all possible diligence which cannot now be performed by us For although of late we would have been glad that our selves and other his Majesties Subjects had been commanded by authority to sweare and subscribe the generall Confession of Faith against Popish errours and superstitions and now would be glad that all others should joyne with us in our late Covenant Confession descending more specially to the novations and errors of the time and obliging us to the defence of Religion and of the Kings Majesties person and authority and for these ends to the mutuall defence every one of us of another Yet can we not now after so necessarie and so solemne a specification returne to the generall for the reasons following 1. No means have been left unassayed against our late Confession of Faith and Covenant so solemnly sworn and subscribed For first we were prest with the rendring and rescinding of our Covenant Next an alteration in some substantiall points was urged 3. A Declaration was motioned which tended to the enervation thereof and now we find in the same straine that we are put to a new tryall and the last mean is used more subtile than the former That by this new subscription our late Covenant and Confession may be quite absorbed and buried in oblivion that where it was intended
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
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
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
for them to doe that yet it were the more tolerable if they did as they say but they doe make good what they say by telling the world what they meane by things Ecclesiasticall and their meaning they doe expresse in the very termes of the Jesuites for by Ecclesiasticall they meane as their practice sheweth any thing which is in ordine ad Ecclesiastica nay more in ordine ad Spiritualia whatsoever may bee thought conducible to the good of the Church or to any spirituall good and yet more vastly to the glorie of God by which latitude of the word Ecclesiasticall We would know what they have left without the compasse of their cognisance Just nothing For in this sense they may set the price on victuals they may censure the actions of all men in what kind soever because Saint Paul biddeth us Whether we eate or drinke or whatsoever we doe doe it all to the glory of God And truly from this false and Jesuiticall interpretation of this word Ecclesiasticall have issued most of all their acts of sedition and rebellion They have provided armes for Our subjects they first blocked up all Our Forts Castles and since have taken them stopped Our Officers from carrying victualls or ammunition into them they have raised Forts taxed Our subjects levied souldiers against Us not onely turned Us out of the possession of Our Castles but so farre as in them lies defeated Our title to them by declaring that they are not Our Castles but the Kingdomes they have incroached upon the undoubted bounds and markes of Our Soveraigntie by sending warrants to Our Sheriffes for chusing Commissioners for the Shires for the next Parliament they have discharged Our own Printer for printing any thing which concerneth these troubles or may make against them though commanded by Us and by Our Councell so that if We have any thing to print there We must first be a suiter to Jhonston their Clerke for his hand to it else it cannot passe they have injoyned or at least suffered the Preachers of their owne side to pray and preach most bitterly against Us and Our authoritie those Preachers who continued in their loyaltie towards Us they have most unjustly against Our lawes deprived of their Benefices and most unmercifully and unchristianlike exposed them to miserie and beggerie they have most contemptuously and rebelliously used Our Councellours and Judges When they are asked why they doe these things and by what authoritie they doe them To the first they answer onely That they doe them for the good of the Church and the glorie of God that Religion may bee preserved the honour of God maintained and his glorie increased Who would thinke that there should bee men found in the world who call themselves after the name of Christ and invocate the name of God and yet dare profane and abuse the names of Religion God and his glorie and to intitle those glorious names to such lewd actions of treason and rebellion as can proceed from none but the Devill To the second By what authoritie they doe these things which are expresly against the Acts of Parliament Acts of Councell and Acts of generall Assemblies They answer that these Acts of Assembly were unduely obtained and that now they have rescinded them For Acts of Parliament and Acts of Councell they expresse great wonder and admiration that any man should question their authoritie over them For that question they use to answer with another of their owne viz. Whether any man doth hold Christ or Us to be supreme and being answered that Christ is supreme then they conclude That they being his Councell must likewise be supreme That the Parliament is but the Councell of the Kingdome That Our Privie Councellours and Judges are but the Councell and Judges of the King but that they themselves are the immediate and independent Councellours of and Judges under Christ who is the King of all kings and kingdomes and that therefore in all causes which they conceive to concerne Christ and his Kingdome which is his Church they are supreme and independent above Us Our Parliament Our Councell Our Judges And that if Our Councellours or Judges doe not obey their commandements they will proceed to the sentence of Excommunication against them and by the same reason though as yet they have not said it they may proceed against Us with the same sentence for We acknowledge Christ to bee the supreme King as much as Our Councellours and Judges doe acknowledge him to be the supreme Lord and Judge These furious frensies have not been heard of in the world since the Anabaptists madnesse reigned in Germanie in Charles the fifth his time which was most strongly and vehemently opposed by the Protestant Princes who adhered to the Augustan confession and if Luther and Melancthon whom God used as the chiefe instruments in reforming the abuses of the Church of Rome had not shewed themselves in their Sermons Lectures in the Universities and publique writings which they published stout Champions against them and thereby had drawne all Protestants to detest and persecute them undoubtedly the Reformation of the Church falling out to bee about the same time when these Anabaptists raged most in their madnesse had laboured and suffered extremely under the scandall of their frensies in the opinion of all those who were attending and looking after the issue of that Reformation And yet these same fooleries and frensies are daily acted by these who call themselves Commissioners of the Table and presented to the Readers of their Pamphlets and Protestations with the titles of irrefragable undeniable convincing unquestionable Sun-shine truths and twenty more such false impudent epithets as one would wonder from whence they fetch the faces that can beare them out in saying so when the whole Christian World who shall read them upon the very first view or reading must discerne that there is not the least step or shadow of truth to be found in them We confesse We were amazed at and aggrieved with their horrible impudence expressed in their last Petition sent unto Us in which they did invocate the name of God calling him not onely as a witnesse but as an approver of their actions at their pretended assurance of Our justification of them all when they undoubtedly know that We doe abhorre and detest them all as rebellious and treasonable at their shamelesse asseveration of their confidence that their neighbour Churches will approve all their proceedings that they are affraid they should bee thought to have offended in nothing so much as in lenitie when they have proceeded to the deposition and excommunication of the Bishops and others their opposers which is the utmost of that power which ever any Church did yet challenge to it selfe and many more such audacious untruths which after We once heard read We resolved never to answer and now doe answer it onely thus That in the maine points of it there is not one true word To say nothing