dissimulavi semper pertuli sed dissimulandi nunc locus non est quando decipiatur fraternitas nostra à quibusdam vestrûm qui dùm sine ratione restituendae salutis plausibiles esse cupiunt magis lapsis obsunt Lastly it is most manifest by the premises how absurd it is and contrarie to all reason and practise of the Christian Church that Archbishops and Bishops shall bee judged by Presbyters and more absurd that they should bee judged by a mixt meeting of Presbyters and Laicks conveening without lawfull authoritie of the Church How and by whom they are to bee judged according to the custome of ancient times may be seene by the Councell of Chalcedon Can. 9. and Concil Milevit Can. 22. and Concil Carthag 2. Can. 10. Nor do wee decline the lawfull triall of any competent judicatorie in the Kingdome especially of a generall Assemblie lawfully constitute or of his Majesties High Commissioner for any thing in life or doctrine can be laid to our charge onely we declare and affirme That it is against order decencie and Scripture that we should be judged by Presbyters or by Laicks without authority and Commission from Soveraigne authoritie For the reasons foresaid and many moe and for discharge of our dutie to God to his Church and to our Sacred Soveraigne lest by our silence we betray the Churches right his Majesties authoritie and our owne consciences We for our selves and in name of the Church of Scotland are forced to protest That this Assemblie bee reputed and holden null in Law Divine and humane and that no Church-man bee holden to appeare before assist or approve it and therefore that no letter petition subscription interlocutor certification admonition or other Act whatsoever proceeding from the said Assemblie or any member thereof be any wise prejudiciall to the Religion and Confession of Faith by Act of Parliament established or to the Church or any member thereof or to the jurisdiction liberties priviledges rents benefices and possessions of the same Acts of generall Assemblie of Councell and Parliament in favours thereof or to the three Estates of the Kingdome or any of them or to us or any of us in our persons or estates authoritie jurisdiction dignitie rents benefices reputation and good name but on the contrarie that all such Acts and deeds above mentioned and everie one of them are and shall be reputed and esteemed unjust illegall and null in themselves with all that hath followed or may follow thereupon And forasmuch as the said Assemblie doth intend as wee are informed to call in question discusse and condemne things not onely in themselves lawfull and warrantable but also defined and determined by Acts of generall Assemblie and Parliaments and in practice accordingly to the disgrace and prejudice of reformed Religion authoritie of the Lawes and Liberties of the Church and Kingdome weakning his Majesties authoritie disgracing the profession and practice which hee holdeth in the Communion of the Church where hee liveth and branding of Reformed Churches with the foule aspersions of Idolatrie and superstition wee protest before God and man That what shall bee done in this kinde may not redound to the disgrace or disadvantage of Reformed Religion nor be reputed a deed of the Church of Scotland Wee protest that wee imbrace and hold that the Religion presently professed in the Church of Scotland according to the Confession therof received by the Estates of this Kingdome and ratified in Parliament the yeare 1567. is the true Religion bringing men to eternall Salvation and do detest all contrarie errour Wee protest that Episcopall government in the Church is lawfull and necessarie and that the same is not opposed and impugned for any defect or fault either in the government or Governours but by the malice and craft of the Devill envying the successe of that government in this Church these many yeares by-past most evident in planting of Churches with able and learned Ministers recovering of the Church rents helping of the Ministers stipends preventing of these jarres betwixt the King and the Church which in former times dangerously infested the same keeping the people in peace and obedience and suppressing of Poperie which in respect either of the number of their professors or boldnesse of their profession was never at so low an ebbe in this Kingdome as before these stirres We protest that seeing these who for scruple of conscience did mislike the Service Book Canons and High Commission which were apprehended or given forth to be the cause of the troubles of this Church have now received satisfaction and his Majestie is graciously pleased to forget and forgive all offences by-past in these stirres that all the subjects of this Kingdome may live in peace and Christian love as becommeth faithfull subjects and good Christians laying aside all hatred envie and bitternesse And if any shall refuse so to do they may beare the blame and be thought the cause of the troubles that may ensue and the same bee not imputed to us or any of us who desire nothing more then to live in peace and concord with all men under his Majesties obedience and who have committed nothing against the Lawes of the Kingdome and Church that may give any man just cause of offence and are so farre from wishing hurt to any man in his person or estate notwithstanding all the indignities and injuries wee have suffered that for quenching this present combustion and setling peace in this Church and Countrey wee could bee content after clearing of our innocencie of all things wherewith wee can bee charged not onely to lay downe our Bishopricks at his Majesties feet to bee disposed of at his Royall pleasure but also if so bee it pleased God to lay downe our lives and become a sacrifice for this attonement We protest in the sight of God to whom one day we must give account that we make use of this Declinator and Protestation out of the conscience of our dutie to God and his Church and not out of feare of any guiltinesse whereof any of us is conscious to himselfe either of wickednesse in our lives or miscarriage in our callings being content everie one of us for our owne particular as wee have never showne our selves to be otherwise to undergo the lawfull and most exact triall of any competent judicatorie within this Kingdome or of his Majesties High Commissioner And we most humbly intreat his Grace to intercede with the Kings Majestie that he may appoint a free and lawfull Generall Assemblie such as Gods word the practice of the Primitive Church and Lawes of the Kingdome do prescribe and allow with all convenient speed to the effect the present distractions of the Church may bee setled And if there be any thing to be laid to the charge of any of the Clergie of whatsoever degree either in life and manners or doctrine or exercise of his calling and jurisdiction hee may bee heard to answer all accusations and abide all triall
question to bee moved was exprest albeit now the Commissioner hath pretended the samine for the greatest causes of his rising and away going from the Assemblie the samine should be cognosced judged and determined by the Assemblie as the onely judge competent And accordingly by warrant from our sacred Soveraigne returned to this Kingdome and in September last caused indict a free generall Assemblie to bee holden at Glasgow the 21. of November last to the unspeakable joy of all good subjects and Christian hearts who thereby did expect the perfect satisfaction of their long expectations and the finall remedie of their pressing grievances But these hopes were soone blasted for albeit the Assemblie did meet and begin at the appointed day and for the space of seven dayes sitting was countenanced with his Graces personall presence yet his Grace did never allow any freedome to the Assemblie competent to it by the Word of God Acts and practice of this Kirk and his Majesties indiction but did labour to restraine the samine during the time of his abode there by protesting against all the Acts made therein and against the constitution thereof by such members as by all Law reason and custome of this Kirk were ever admitted as members constituents of our free Assemblies and by denying his approbation to the things proponed and concluded though most cleare customable and uncontroverted And further his Grace after the presenting and reading of his owne Commission from our sacred Soveraigne and after his seeing all our Commissions from Presbyteries Burghes and Universities produced and examined and the Assemblie constitute in all the members by unanimous consent did to our great griefe without any just cause or occasion offered by us unexpectedly depart and discharge any further meeting or proceeding in this Assemblie under the paine of treason and after seven dayes sitting declare all Acts made or thereafter to bee made in this Assemblie to bee of no force nor strength and that for such causes as were either then exprest verbally by his Grace or contained in a Proclamation made by his Grace at Glasgow without any warrant of an Act of Councell contrarie to the Law and custome of this Realme whereunto we answered by our Protestation of the 29. of November or otherwise for such reasons as his Grace thought meet to alledge which are since superadded in this late Proclamation now made at Edinburgh this 18. of December wherein for our greater surcharge of sorrow wee are heavily and wrongously blamed and taxed of many great offences And first for making Protestation against the Proclamation made at Edinburgh the 22. of September last whereas our reasons contained in that our Protestation are so forcible and just to demonstrate the necessity and lawfulnesse of our Act that wee judge all good men and Christians will be satisfied therewith whereanent we remit our selves to our Protestation printed and will not for shortnesse repeat the samine reasons here And where we are reproached and blamed in this new Proclamation for guarding and watching the Castle of Edinburgh and impeding to import ammunition or other necessaries to any of his Majesties houses an Act which is exaggerat to bee without an example in the Christian world seeing we denie that libertie to our Soveraigne which the meanest of us do assume to our selves For answer hereunto wee confidently affirme that wee are unjustly challenged of all the said points except for preveening dangers evidently threatned unto us by circumspect attendance about the Castle of Edinburgh which afterward we shall shew to be warrantably done For we declare that we have never made the least stop or hindrance to the importation of any ammunition victuall or thing whatsoever into any other of his Majesties houses or Castles Nor for carrying all necessarie sustentation into the Castle of Edinburgh Neither hath any of us fortified or provided any of our private houses for warlike defence so that all those are heavie and unjust imputations But wee confesse and grant that there being some provision and ammunition quietly imported into this Kingdome for furnishing the Castle of Edinburgh and intended secretly to have been put therein we have carefully preveened the samine by our diligent attendance And that for such reasons grounded upon equitie the Law of nature and municipall Lawes and Acts of Parliament of this Kingdome and the lowable example of our predecessours For the truth is that having petitioned his Majestie for redresse of our just grievances and a legall triall thereof before we received any answer thereunto all possible meanes were used to dissolve that union which was made amongst us for that good cause and to impede all our meetings from deliberating thereupon wherein the town of Edinburgh made a considerable part not onely as an important member of this conjunction but as a most commodious and ordinarie place of our meetings so that when all other meanes of perswasion had failed the meanes of terrour was not left unassaied And for that effect a great quantitie of ammunition was brought by sea from forraine parts to have beene clandestinly imported into the Castle of Edinburgh as no doubt it was intended seeing the samine was unloaded in the dead time of the night And we considering that in case the samine had bin imported into the castle with other provision and store formerly therein the samine might have bin used imploied for the overthrow of that place and tended to our great prejudice by with-drawing them upon that terrour and displacing us from our ordinarie meetings upon these reasons and considerations we preveened the samine by such a loyal way as cannot be offensive to Authoritie For the safetie of the publike is the end of all lawfull power and supreme Law And the adversaries of our Religion having formerly boasted by that provision so to furnish the Castle that it might beat down the town of Edinburgh and bar the supplicants from meeting therein we had just reason to hinder that fetter of slavery to be put upon the towne and that the Castle of Edinburgh which is amongst the first strengths of the land against forraine forces might bee turned as a speciall engine of constraint against the subjects to hinder their lawfull meetings or to force the towne of Edinburgh to separate from the rest of the supplicants Which great prejudice the Law of nature teacheth us to avoid And yet we have not proceeded therein without the warrant of the Acts of Parliament For first where there is any violent presumption of spoyling of the Countrey it is ordained that the Lievtenant raise the Countrey and passe to such Castles and fortalices where there is any unrulie men and take sovertie of the persons within these houses that the Countrey and all the Kings lieges bee unharmed and unskathed of the saids houses and of them who inhabits the samine from time forth And if any make difficultie to bee arrested and finde sovertie as
and Records that the Castle of Edinburgh was given in keeping to the house of Erskine by the King and Estates of Parliament hac lege expressa conditione ut nulli nisi conventui ordinum reposcenti traderent Eighthly this Act is not unexampled in the Christian world but hath many presidents both in the History of other Kirks and Kingdomes and of our own which hath many such examples even done by the Estates themselves whose fact doth make our right and whose authority is ratified conforme to the ancient and loveable custome in punishing rebellious subjects and preserving the faithfull Act 130. Par. 8. James 6. In the next place we are upbraided for our meetings which in the Proclamation are called Councell Tables only by that name which by ordinary expression is due to judicatories to make it beleeved that we have arrogate to our selves some unwarrantable power and authority which we neither have nor intends to doe God willing whereas the truth is that in a matter so highly importing all of us as the preservation of Religion and purity of Gods worship it was most necessary for us to meet and that in a sober modest and quiet way for deliberating with joynt advice upon those weighty businesses for the good of the Kirke his Majesties honour and peace of the Kingdome And those meetings did never emit nor send forth any authoritative command or injunctions but conclude upon such advices as might be most expedient for advancing that great businesse and facilitating the way of supplication to his Majestie and overtures for the Assembly and Parliament which was an Act lawfull and approvable in the selfe albeit the conclusions thereof did not carry the force or validity of a binding law or command which was never aimed at nor intended Which meetings they might warrantably keepe for that end being for Gods glory and removing the iust grievances of the subiects no waies prohibited by any of our municipall Lawes which disapproveth such conventions as are for disturbance of the peace or usurpation against Authority whereof neither of the two can bee alledged against these meetings Not the first because no invasion violence offer of wrong by word or deed to any person no even to those upon whom they justly complaine ensewed upon the same notwithstanding of their provocations and their feares falsly represented to his Maiesty and maliciously pretended for their stay out of the Countrey Not the second because their meetings was to consult in manner foresaid upon the most fitting and humble way of supplicating his Maiestie and for the most convenient propositions to bee represented to his Maiesty the Parliament and Assembly all which acts are most compatible with the loyalty and duty of good subjects and doe no waies intrench upon Authority seeing they can never be challenged to have assumed to themselves any judiciall determination in any matter of State Civill nor Ecclesiasticall but by voluntary instructions and opinions every one to another in a common cause of Religion did resolve what might be most conducible to their lawfull and iust ends And yet those conventions want not the warrant of Law and Authority because they consist of the Nobility Barons Burrows and Ministerie which by the fundamentall Lawes of the Land have place of proponing reasoning and voting in Parliament and Assemblies Act 113. King James the 6. Parl. 11. wherein is acknowledged that it is necessary to the King and his Estates to be truly informed of the needs and causes pertaining to His loving subjects in all estates and therefore ratifieth the Act made by King James 1 anno 1427. Giving power to Barons to propone all and sundry needs and causes and to heare treat and determine all causes to be proponed in Parliament which necessary and true information cannot be made to his Majestie and Estates without privy meeting and consultation and consequently it being granted to them to informe the King and Estates and to propone heare treat and finally determine all needs and causes to be proponed in Parliament there must be necessarily understood to be a sufficient power granted to them for meeting and advising upon that information Quia aliquo concesso omnia concessa videntur sine quibus concessum expediri nequit And as to the Ministers they have likewayes power granted to them not onely by the word of God and constitutions of the Kirke but by the King and laws of this land to propone reason and vote in Assemblies and be the samine parity of reason to keep preceding meetings not to determinate or execute but to consult upon their necessary propositions So that these lawfull meetings for the religious end suffer wrongously the invidious designation of Councell tables which is onely done for procuring misconstruction against them because at these meetings and consultations they sat about a table which posture is no wayes prejudiciall to Authority the meanest of mechanik crafts having their own tables where about they sit when they consult upon the smallest businesse importing their trade And farder these same meetings consisting of Commissioners from each Sheriffedome and body of this Estate were allowed by his Majesties Councel first and thereafter by the Commissioner his Grace In so farre as the whole subjects of this kingdome out of their resentment of the weight of this cause having numerously conveened at Edinburgh from all the parts of the kingdome that confluence of people was desired to be dissolved and directed to make choose forth of that great number of some Commissioners from each shire who might meet to represent their just grievances and desires and attend the answers thereof The third particular challenge in the Proclamation is for the illegall and unformall course taken in the election of Commissioners to the Assembly whereof some are alledged to have beene under the censure of this Kirke some under the censure of the Kirke of Ireland some banished for teaching against Monarchie others being suspended some admitted to the Ministery contrare to the laws of this kingdome others at the Horne some confined and all by oath bound to the overthrow of Episcopacie Whereunto although no answer be requisite seeing the persons thereby meaned are not specially condescended upon yet for clearing all mens mindes and showing the warrantablenesse of our proceedings it is of truth that the Assembly after particular triall which they took upon some such surmises could not finde any censured by the Kirke of Scotland or Ireland by a lawfull manner in a lawfull judicatory or for a lawfull cause but on the contrary the Assembly after carefull searching and examination found that any censure inflicted upon any of these persons in Scotland was only by a Bishop who ought to be punished for taking arrogantly on him the name of the Kirke of Scotland and that without the advice of any Presbytery but sitting in his high commission which was condemned by the laws of this Kirke and
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
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
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
vindicating Our Royall Authoritie and the Monarchicall government of that Our ancient Kingdome is farre beneath Us and therefore Wee would onely know how they can possibly answer these foure questions to the world First by what authoritie they entered into this Covenant and how they durst presume to exact an Oath from any of Our subjects to it or any thing else it being an irrefragable proposition That no publike Oath can bee administred but by a Magistrate or by one sufficiently deputed by authoritie to administer it For it is a badge annexed to Magistracie and Authoritie to have power of giving and taking an oath and therefore they cannot satisfie the world by what Authoritie or deputation from Authoritie they did give this oath to and receive it from Our subjects They do answer that though they have no Law for it yet they have President For this Confession of Faith say they in the title of their Covenant was subscribed by Our Father of happie memorie and his houshold in the year 1580. thereafter by persons of all ranks in the yeare 1581. and that by the ordinance of the Lords of the Secret Councel and Acts of the Generall Assemblie Subsâ—ribed againe by all sorts of persons in the yeare 1590. by a new ordinance of Councell at the desire of the Generall Assemblie with a generall band for maintenance of true Religion and the Kings person Now was this their Confession of Faith and Covenant annexed commanded to bee sworne and subscribed by Us by any order from Our Councell or by any Act of Generall Assembly But they will say that it being once commanded that commandement is still in force and vigour That is indeed a good ground or president for Us and Our Councell to command this same oath to be renewed when We shall see cause but the repetition of it must still be by the same Authoritie by which it was at the first injoyned Now the first injunction of this subscription was made by Our Royall Father in the yeare 1580. the first renewing of it in 1581. was as they say themselves by an ordinance of the Lords of the Secret Councell the second renewing of it 1590. was by a new ordinance of Councell at the desire of the Generall Assemblie By which it is plaine that the judgement of the Generall Assemblie which in those daies was at the highest and was not wont to derogate from their owne power was that this oath could not be renewed nor any band but by authoritie from Our Royall Father and His Councell Againe have they not printed in the frontispice of this their Covenant Our Royall Father his charge to certain Commissioners and all Ministers within that Realme for requiring this oath with a command to returne to the Ministers of his house the names and processes of all such as should refuse to take the said oath Now did any of all these precede their Covenant Was Our authoritie or the authoritie of Our Councell so much as asked much lesse obtained Were there any Commissioners by Us or Our Councell appointed to receive this oath in the severall Shires Nay as shall appeare afterward in due place when We with the advice of Our Councell by Proclamation did command the renewing of that oath and designed Commissioners throughout the severall Shires of the Kingdome for administring of it did not those who call themselves of the Table refuse to sweare it themselves and command that none of the Kingdome should sweare it by any authoritie from Us And is not this pulling down of Our authoritie and setting themselves in Our place So that if the Reader look upon the title and inscription of their Covenant he shall finde as Wee said that it carrieth the overthrow of it in its owne front Secondly say they had power to command the new taking of this oath as they had not yet what power can be pretended for their interpretation of it It being a received Maxime That no lesse authoritie can interpret a Law or Rescript then that which made it or those whom they who made it have constituted Judges to give judgement and sentence according to the true meaning of it This oath then being first framed and urged by our Royall Father with the advice of his Councell can it be interpreted by any but by Us and His and Our successours And have either We or Our Councell given any such interpretation Nay can any man though in authoritie indued with Religion or reason with any conscience or honestie give not onely so false but so ridiculous and absurd an interpretation of that Confession of faith as those of the Table have given For they have declared That this Confession is to bee interpreted and ought to be understood of all the pretended Novations no lesse then if everie one of them had beene expressed in the said Confession Had they said that they themselves did prohibite these pretended novations as other points of Poperie in that confession abjured the words had then carried some sense as intimating that they themselves did now think that they did tend to Poperie But that they should force any man to sweare that the framers of that Confession at the first did so they being all dead so never were asked nor can bee asked the question or that they should make men living sweare what was the minde of the dead concerning the five Articles of Pearth the Service Book the Book of Canons the high Commission things of which in their lives they never heard nor perhaps did ever imagine the introduction of them they in that Confession abjuring onely those Romish corruptions which in their time had infested the Church is such a profane and foolish interpretation that one would wonder how any one that either hath the knowledge or maketh conscience of an oath can either himselfe take or desire others to take an oath so false and foolish as this And therefore with more wit then honestie where they met with no scrupulous people they suffered them to swallow down that wicked glosse which corrupteth the verie text of the Confession But where multitudes especially of the Ministers who at their admissions had sworn obedience to and practise of these points which they call innovations quarrelled at this their interpretation they assured them that it would breed a great division if they should desire but the least alteration of the words in which their Covenant was conceived but yet that they might verie well sweare all with a reservation of not abjuring Episcopacie the five Articles of Pearth or any thing established by Acts of Parliament and Generall Assemblie With which Protestation and reservation and not otherwise many especially of the Ministers did sweare their Covenant as they themselves do well know which was such a notable peece of Jesuiticall equivocation on their parts who exacted this oath and contrarie to the verie letter and grammaticall sense of the oath it selfe especially in that part of it which containeth their
according to the Articles of our Covenant against divisive motions and if any propound motions tending to the breach of our union it would be told them plainely wee will repute them as unfriends both to us and our cause Secondly for the better method in preparing and holding of matters to be treated of it is thought fit that there be a Committee chosen and that some of the Gentrie Burrowes and Ministers be present at the meetings with the Noblemen Thirdly It is thought fit that all who are interessed may attend punctually to Dyets and meetings with the rest of the number appointed for the good of the publike businesse and lest our adversaries should upon the frequent attending of the prime Noblemen and Statesmen take occasion to affirme that they have power to dispose of their friends in this cause their attendance would be the more shunned to shew we will depend upon no man who is of an averse judgement or who are about a contrarie imployment in the matter of our Covenant and conscience Fourthly if there bee any new Proclamation it is thought fit that it may be obviat and reincountred with a new Protestation which would be condiscended upon and would conteine our eight last Articles And that our Protestation may bee backed with good information and reasons and sent with diligence to the Commissioners to the severall parts of the Kingdome that they be not deceived nor surprised with Proclamations or suggestions and that the copie of the Protestation may be given to the Commissioners of Shires and Burghes to meet the Proclamation in all points needfull Fifthly if the discharge of the Book of Service and Canons and limitation of the High Commission be granted and that upon the Statesmen and Commissioners offer the King will grant all we can crave which is not repugnant to Law and alleadge that Episcopall power and Articles of Pearths Assemblie are established by Law It is answered that the abuses of Episcopall government are contrarie to Law and censurable by Law and the Articles of Pearth should bee rightly interpreted and our desires for the free and yearely exercise of Generall Assemblies free admission of Ministers without unlawfull Oaths and rectifying of the Articles of Pearths Assemblie and that the Prelates boundlesse usurped power limited according to the caveats of their admission are all agreeable to Law for the reasons conteined in the Articles And if the Bishops Statesmen and others be of a different judgement from the most part of the Church and Kingdome the Generall Assemblie and Parliament who were the Law-makers are onely competent Judges for interpreting their owne Acts whose direction we crave And although the Law were interpreted as they alleadge which is altogether untrue and contrarie to the grounds and meaning of the Law yet the bodie of the Kingdome for whose good the Law was made may crave the lawfull redresse of the grievances sustained by that Law and our complaints supplications and protestations against the Bishops depending in processe for clearing the subjects loyaltie and repairing the wrong complained of cannot bee otherwise lawfully decided cannot remedie the present evils nor prevent the like or worse evils in time comming Sixthly it is thought fit that all who have subscribed the Covenant be made sensible that they are obliged by their Oath not to rest satisfied with lesse then the desire of our Articles which are agreeable to law conscience and reason and without which we will be frustrated of our ends our adversaries in time will obtaine the establishment of the evils we complaine of Seventhly it is thought fit that the number of the Commissioners be doubled against the Statesmen and Marquesse down comming and that all be warned to be readie upon advertisement Eighthly that the report of the subscriptions of the Covenant may bee sent to Edinburgh from all severall parts of the Kingdome Ninthly that things recommended to our former Committee be adverted to with the best diligence that can be Tenthly it is thought expedient that all the time of the generall meeting there be a Fast. OUr Commissioner upon his way to that Kingdom did meet with advertisements of these strange fears which the ringleaders of the Covenant who were affraid of nothing more then that our subjects should receive satisfactiō from Us by Our Commissioner had possessed Our people with the bad entertainment he was like to receive at his comming thither acquainted Us therewith but went forward on his journy until he came to Barwick from whence he sent to his especiall friends and kindred and to all such Gentlemen of his owne name and others as were his Vassals and Tenants and hold their lands from him by service and attendance on him when he shall require it hee received answer that all these Obligations were quite discharged by the Covenanters Table at Edinburgh who had absolutely commanded that none who had subscribed their Covenant should go to meet or give any personall attendance upon Our Commissioner untill such time as they should have leave from their Table so to do and so Our Commissioner went from Barwick unattended by these Noblemen or by any other of his owne kindred or vassals unlesse such as had not subscribed their Covenant except some few whose affection exceeded the command of the Tables an affront before that time never offered to any person of his qualitie in that Kingdome Yet hee was verie nobly and honourably received and conducted to Dalkeith by all Our Councell most of the Lords of the Session who are the Judges of the Law great troups of the Nobilitie and Gentrie who had not subscribed their Covenant Now the reasons why their Table had laid this strict charge of not conducting Our Commissioner upon all their adherents were these two as appeared plainely by the speeches uttered by many of the Covenanters themselves First that they might not seeme to shew the least respect to any especially to those of greater rank who were disaffected to their Covenant as was ordered in the third Article of their ten last mentioned Secondly that they might make triall of their power with their owne partie the heads of the Covenant being perswaded that if they could prevaile with their associates for breaking through the bonds of nature bloud consanguinitie civilitie vassalledge and dependance in pursuance of their Orders they should not much need to feare that any other obligations could be able to divert them from obedience to their dictats Our Commissioner immediately upon his comming to Dalkeith where the Councell assembled for safetie because the combustions at Edinburgh increased daily met with many discouragements and difficulties First We had sent some small proportion of Armes and powder to be put into Our Castle of Edinburgh justly doubting the surprisall of it by the Covenanters who were there assembled in great multitudes and had of late made great provision of Armes there No sooner had the ship in which these Armes with other goods were cast Anchor
heads thought that Our Commissioner could yeeld to a request of so high injustice but because they knew that hee neither could nor would yeeld unto it and that therefore by his deniall they should have meanes to irritate Our people even to a disgust of that Our Gracious favour which the day before they had so well relished But yet according to their resolution some of the principall Covenanters of all sorts sent from their Table had the boldnesse to repaire to Our Commissioner and to demand of him that which they were sure no just nor honest man could grant viz. That they could clearely prove briberie and corruptions frequently to have beene used by these Our two Judges and therefore intreated him to remove them presently from their places of Judicatorie after which they would intend processe and so legally proceed in the probation of these crimes objected against them To which their demand Our Commissioner returned this just and modest answer That sure they could not expect that he either could or should condescend to this their desire which yeelded unto did overthrow the verie foundation and maine rule of Justice viz. That any man should be punished for any crime before he were legally convicted of it and therefore he advised them to follow the constant course of justice which was this If they thought these Judges clearely convincible of these horrible crimes they should intend first processe against them and then probation of the crimes of which if they were found guiltie then they needed not doubt but they should be removed from their places and receive such further condigne punishment as the Lawes of the Kingdome had provided for such notorious criminals assuring them that We his Master would bee so farre from hindring the course of Justice against any such offenders as that Wee would hold it a speciall service done to Us to bring the iniquitie of Our Judges to publike triall and censure and that he would make Us acquainted with their demands with which just answer they were resolved to be so unsatisfied that they replied unto him that this his deniall would be attended with a great inconvenience to all Our subjects for they would in that case of deniall make and publish a Protestation that whatsoever Act Decree or Order the Lords of Our Session should make in any cause at which these two Judges or either of them were present and gave voice should be null and void in Law and that none of Our subjects either should bee bound or would yeeld obedience to them Was not this a strange usurpation upon Regall power To this Our Commissioner only added That everie such Protestation must be made before the Lords of the Session who had the power of admitting or repelling it and therefore for that point hee remitted them to these Lords as the competent Judges of it which answer of Our Commissioner they presently laboured to have misconstrued by their partie telling them that there was no hope of any Justice to be had against any man who was an enemie to them and their Covenant At the day appointed by the Proclamation the Session sate down and Our Commissioner in his owne person went to the place and opened it with a short speech to the Judges to this purpose THat hee was warranted from Us to recall the Session againe to Edinburgh That the chiefe thing that had moved Us thereunto was the sense of the many incommodities which Our subjects in generall and the Judges in particular did sustaine by the removing of it That We had required him to desire and command the Judges to grant all reasonable dispatch to Our subjects in the administration of Justice that so some time which was lost might be regained That in Our name he required them to be very carefull and circumspect that in these troublesome times no Order nor Decree might passe from them which might be prejudiciall to Our Crown or service Our Judges hereupon returned to Our Commissioner their humble and heartie expressions of all thankfull acknowledgment for this Our singular favour and grace to themselves and all Our subjects and with great submission intreated him to returne unto Us their humble and heartie acknowledgment And here now We desire the Reader to observe that the Covenanters neither made any such Protestation against the sitting of the two Judges as they talked of nor did ever intend any processe or probation against them for the crimes objected though Our Commissioner immediately after his returne from Us assured them that We not onely had given them leave but would thanke them for so doing which We are confident they would have done if they had conceived these Judges guiltie and giveth to Us good assurance that this calumnie against these Judges was onely cast in by some of their ring-leaders to marre and interrupt that resentment of Our grace and favour which they perceived wrought verie much upon many of Our subjects of their partie for bringing backe again Our Courts of Justice to Our citie of Edinburgh The Session thus setled Our Commissioner resolved to publish by Proclamation the Declaration of Our grace and favour The principall Covenanters when they could not disswade him from it presently went about and both by themselves and their seditious Preachers filled their followers mindes with such fearefull expectations of it that some dayes before it was published they filled the streets with multitudes of people especially neare the Crosse where it was to be proclaimed and those in hostile equipage divided into rankes pulling their swords out of their belts and with pistolls being armes prohibited by Our lawes of that Kingdome giving out that if this Our Declaration were hearkened unto it would bring undoubted ruine to their Religion lawes and liberties though the people knew nothing of what was to be delivered in Our Declaration Some daies they continued in this posture which made Our Commissioner delay the publishing of it untill he might heare of more quietnesse and peace in the streets of which being advertised he caused the Proclamation of Our grace and favour solemnely to be made at the Crosse of Edinburgh No sooner were the trumpets sounded but there came to the Crosse a mightie confluxe of people the Covenanters had presently a scaffold erected on which they mounted with a Protestation readie written in their hands before Our Proclamation was pronounced Our Proclamation was thus CHARLES by the grace of God King of Scotland England France and Ireland Defender of the Faith To our Lovits Heraulds Messengers our Sheriffes in that part conjunctly and severally specially constitute greeting Forsameikle as We are not ignorant of the great disorders which have happened of late within this Our ancient Kingdome of Scotland occasioned as is pretended upon the introduction of the Service Book Book of Canons and High Commission thereby fearing innovation of Religion and Laws For satisfaction of which fears We well hoped that the two Proclamations of the eleventh of December
therefore intending to make known to the Lords of secret Councell what was noised concerning the Proclamation how far the whole Kingdome had been by some sinistrous mis-information frustrate of their hopes and their constant desire to have some course taken by their Lordsh advice how his Majestie being further informed might deliver his good subjects from so great grievances and feares and establish a sure peace in this Countrie for time to come we found our selves tyed by order of Law to decline those against whom we had made our complaint unlesse we would admit our parties to be our Judges And in case our Declinator should not be accepted we behoved to protest that we might have immediate recourse to the King himselfe c. Thereafter in the Moneth of March finding that by the foresaid Proclamation the innovations supplicated against were approven our lawfull proceedings condemned our most necessary meetings prohibited there being no other way left unto us wee were necessitate to renew the nationall Covenant of this Kirk and Kingdome thereby to reconcile us to God provoked to wrath against us by the breach of his Covenant within this Land to cleare our Soveraigns mind from all jealousies and suspicions arising from our adversaries mis-information of our intentions and carriage and so to make way for his acceptance of our humble supplications and grant of their lawfull remedies to guard this Land in defence of Religion authoritie and liberty against inward divisions and externall violences And that our actions might be answerable to our holy profession we afterward drew up an humble supplication containing our grievances and desires of the ordinary remedies thereof to have beene delivered to the King himselfe In the meane time wee were directed by those who were intrusted by his Majesty to attend his Declaration here in Scotland which would free us of all feares of innovations of Religion and prove satisfactorie And lest for want of true information of our just grievances and desires it should fall out otherwise wee expressed to them with the greatest modestie wee could our desires in some few Articles and with great patience have attended his Majesties pleasure thereanent And all this Moneth by-gone being frequently conveened to heare the same delivered by his Majesties Commissioner the right Noble and potent Lord James Marquesse of Hamiltoun c. we presented a new petition to his Grace as his Majesties Commissioner craving most humbly the indiction of a free Assembly and Parliament as the onely remedies thereof Like as finding a mis-information or mistake of our Covenant with God as if it had beene an unlawfull combination to bee the maine hinderance of obtaining our desires in a new supplication wee have fully removed that impediment renewed our desires of those supreme judicatories to bee indicted with diligence for settling of the Kirke and Kingdome But being answered only with delayes after these nine Moneths attendance and with this Proclamation that conteined his Majesties gracious declaration of his pious intentions not to admit of any innovations in Religion or Law nor any staine of Popish superstition But on the contrary to be resolved to maintaine the true Christian Religion professed in this Kingdome which we were ever so far from calling in question as in our supplicatications complaints and bills we used the same as one cause of our desires one ground of our confidence of a gracious answer and argument of our adversaries malignant mis-information of so religious a King And now most humbly with bended knees and bowed hearts thanke our gracious Soveraigne for the same Wishing and praying the Lord of heaven truly and fully to informe his Majestie how far these bookes judicatories and all our other evils and grievances are full of idolatrous superstitions and Popish errours How destructive of the reformation of Religion in this Land and of the Lawes and Liberties of this Church and Kingdome and so directly contrary to this his Majesties pious intention and Declaration Yet seeing that no Proclamation could sufficiently remove the present evils nor settle our feares nor secure us from the re-entrie of any evill or Innovation which it seemed to discharge or prevent the like in time comming nor satisfie our humble supplications craving the present indiction of a free Assembly and Parliament as the only remedies of our evils and meanes to prevent the like And seeing this Proclamation doth not so much as make mention or acknowledge any of our supplications complaints and grievances or any just cause thereof except under the name of great increase of disorders faults and mis-demeanours but only our feares of some future Innovation of Religion or Lawes occasioned onely as is pretended by the introduction of the Service booke booke of Canons and High Commission which feares his Majestie hoped to have beene abundantly and sufficiently satisfied by his two former Proclamations of the ninth of December and ninteenth of February And by this his present Declaration except his subjects bee blindly under pretext of Religion led unto disobedience Doth mis-ken passe over and so in effect denie all our supplications bills articles and desires especially our complaints against the Prelats our parties And that once for all in a faire and perswasive way even after the resaite of our last supplication clearing us from the calumnie of unlawfull combination Doth not disallow nor discharge any of the innovations and evils complained upon but only assureth that his Majestie will not presse their practice but in such a faire and legall way as shall satisfie his subjects of his intention which joyned with the other clause allowing and confirming the Proclamation the nineteenth of February evidenceth the liberty left to any Prelate or persons to practise the same and by all other faire waies to perswade others thereunto and his Majesties resolution to presse their practice in a faire and legall way And also confirmeth the former Declaration that the Service Booke is a ready meane to maintaine the true Religion already professed and to beat out all Superstition and no waies to be contrary to the Lawes of this Kingdome but to be compiled and approved for the universall use and edification of all his Majesties subjects Doth not abolish but promiseth to rectifie the High Commission with advice of his privie Councell implying the Kings power with consent of the Councell to establish this or any judicatory within this Kingdome without consent of the three Estates conveened in Parliament contrary to the fundamentall and expresse Lawes thereof and by consequent with the like reason to establish Lawes and Service bookes without consent of the Assembly and Parliament Which is contrary to the maine ground of all our supplications against the manner of their introduction Doth only promise to take into his consideration in an Assembly and Parliament which shall bee called at his best convenience while as the evident and urgent necessity for settling the combustions threatning the totall dissolution and desolation of this Church and
State excuseth our uncessant and importune calling for these present remedies Doth insinuate the continuance and execution of any pretended Lawes for these innovations of worship and corruptions of Church government and civill places of Church-men which by our Covenant wee have obliged our selves to forbeare and the re-establishment of these evils in an Assembly and Parliament which hee will call in his best convenience to wit for that and this other end of satisfying his subjects judgements anent the Service Booke and Book of Canons Doth condemne all our former proceedings even our supplicating complaining protesting subscribing of our Covenant together and our continuall meetings as great disorders increase of disorders deserving justly a powerfull rather then a perswasive way a running headlong into ruine a perishing in our faults a blind disobedience under pretext of Religion and doth threaten denounce Now once for all If we be not heartily satisfied and give testimony of our obedience after this Declaration but continue as by our former proceedings to draw on our owne ruine that albeit unwillingly he must make use of that power which God hath indued him with for reclaiming of so disobedient people THerefore we in our own name and in name of all who will adhere to the Confession of Faith and reformation of Religion within this Land are forced and compelled out of our bound duty to God our King native Country our selves and our posterity lest our silence should be prejudiciall to so important a cause as concernes Gods glory and worship our Religion and salvation the Lawes and Liberties of this Church and Kingdome or derogatory to our former supplications complaints protestations Articles and proceedings or unanswerable to the solemne oath of our nation covenant with God To declare before God and man and to protest Primo That we doe and will constantly adhere according to our vocation and power to the said Reformation in doctrine use of Sacraments and discipline And that notwithstanding of any innovations introduced therein either of old or of late Secundo we potest That we adhere to the grievances supplications and protestations given in at Assemblies and Parliaments and to our late supplications complaints protestations and other lawfull proceedings against the same and particularly against the Service book and booke of Canons as maine innovations of Religion and Lawes and full of Popish superstition and so directly contrary to the Kings Declaration And against the High Commission as a judicatory established contrary to the Lawes and Liberties of this Church and Kingdome and destructive of other lawfull judicatories which both in respect of the nature of it and manner of introduction without consent of the three Estates of Parliament cannot be any wayes rectified but absolutely discharged Tertio we protest That we adhere with our hearts to our Oath and subscription of the Confession of Faith the solemne Covenant betweene God this Church and Kingdome and the clauses particularly therein expressed and generally contained and to our last Articles for the peace of this Kirke and Kingdome drawne out of it and to all the matters therein contained and manner of remedy therein desired Quarto We protest that this Proclamation or act of Councell or any other act or Proclamation or Declaration or ratification thereof By subscription or act or letter or any other manner of way whatsoever or any precondemnation of our cause or carriage before the same be lawfully heard and tryed in the supreme judicatories of this Kirk and Kingdome the onely proper judges to nationall causes and proceedings or any certification or threatning therein denounced shall no waies be prejudiciall to the Confession of Faith lawes and liberties of this Kingdome nor to our supplications complaints protestations articles lawfull meetings proceedings pursuits mutuall defences nor to our persons and Estates and shall no wayes be disgracefull either in reality or opinion at home or abroad to us or any of us But on the contrary that any act or letter or subscription of the Councell carrying the approbation of the declaration and condemnation of our proceedings indicta causa is and ought to be repute esteemed unjust illegall null as here before God and man we offer to clear to verifie both the justice of our cause and carriage and the injustice of such acts against us in the face of the first generall Assembly of the Church Parliament of the Estates unto whom with all solemnities requisite we do publikly appeal Quinto We protest that seeing our former supplications last Articles our last desire and petition to his Majesties Commissioner which petitioned for the present indiction of a free general Assembly Parliament according to the law and custome of all nations of this nation in the like case to hear the desires ease the grievances settle the fears of the body of the Church Kingdome are thus delayed in effect refused to wit Once for all till his Majesties conveniency for the end contained in this Proclamation that We continue by thir presents to supplicate his Majesty again and again for the granting of the same And whatsoever trouble or inconvenience fall out in this land in the mean time for want of these ordinary remedies and by the practice of any of these innovations evils contrary to our supplications articles confession it be not imputed unto us who most humbly beg these lawfull remedies but also that it is shall be lawfull unto us to defend and maintain the Religion lawes and liberties of this Kingdome the Kings Authority in defence thereof every one of us one another in that cause of maintaining the Religion and the Kings foresaid Authority according to our power vocation and Covenant with our best counsel bodies lives means whole strength against all persons whatsoever against all externall or internall invasions menaced in this Proclamation Like as that in the great exigencie of the Church necessitating the use of this ordinary and lawfull remedies for settling the commotions thereof it is and shall be leasome unto us to appoint hold and use the ordinary means our lawfull meetings and Assemblies of the Church agreeble to the Law of God and practice of the primitive Church the Acts of the generall Assemblies and Parliaments and the example of our Worthy Reformers in the like case Sexto We protest that our former Supplications Complaints Protestations Confessions meetings proceedings and mutuall defences of every one another in this cause as they are and were in themselves most necessary and orderly meanes agreeable to the lawes practice of this Church and Kingdome to be commended as reall duties of faithfull Christians loyall Subjects and sensible members of the body of the Church and Kingdome and no wise to be stiled nor accounted great disorders misdemeanors blind disobedience under pretext of Religion and running headlong into ruine c. So they proceeded only from conscience of our duty to God our King native
would be most willing to indict a free generall Assembly and call a Parliament for those good ends but that your Grace as His Majesties Commissioner hath conceived the Confession of faith and Covenant latelie renewed by us His Majesties subjects to be an unlawfull combination against Authority thereby to cast off our dutifull obedience and not a Covenant for maintaining of true Religion of His Majesties Person and Authority and of the Laws and Liberties of the Kingdome And we being most willing to remove that as the maine hinderance of the obtaining of our desires Therefore and for clearing of our loyaltie and vindicating our selves from so great an imputation Wee do now in all humility remonstrate to your Grace as His Majesties Commissioner and declare before God and men that we are heartily grieved and sorrie that any good man but most of all that our dread Soveraigne should so conceive of our doing And that we were and still are so faâ—re from any thought of withdrawing our selves from our dutifull subjection and obedience to His Majesties government which by the descent and under the raigne of 107 Kings is most chearfully acknowledged by us and our predecessours that we never had nor have any intention or desire to attempt any thing that may turne to the dishonour of God or diminution of the Kings greatnesse and authority But on the contrary we acknowledging our quietnesse stability and happinesse to depend upon the safety of the Kings Majestie as upon Gods Vicegerent set over us for maintenance of Religion and ministration of Justice have solemnly sworne not onely our mutuall concurrence and assistance for the cause of Religion but also to the uttermost of our power with our meanes and lives to stand to the defence of our dread Soveraigne the Kings Majestie His Person and Authority in the preservation and defence of the true Religion Liberties and Lawes of the Kingdome And therefore we His Majesties loyall subjects free from that and all other imputations of that kinde most humbly beseech your Grace to esteeme that our Confession of Faith and Covenant to have been intended and to be the largest testimony of our fidelity to God and loyaltie to our King And that hinderance being removed must still supplicate that your Grace would be pleased to indict a free generall Assembly and Parliament which will undoubtedly redresse all our evils settle the peace of the Kirk and Kingdome and procure that chearfulnesse of obedience which ought to be rendred to His Majesty carrying with it the offer of our fortunes and best endeavours for His Majesties honour and happinesse as a reall testimony of our thankfulnesse and our hearty prayers to God that His Majestie may long and prosperously raigne over us NOw doth this Petition deserve the name of an explication of their Covenant much lesse of such an explication as should give either Us or Our Commissioner any satisfaction No for it containeth neither more nor lesse then this that they doe not meane to shake off their obedience if We will give way to all their courses which by this Petition they justifie so that their meaning is that they will continue obedient subjects if We will part from Our Soveraigntie which is in effect that they will obey if Wee will suffer them to command But where it was expected that to these words of their Covenant whereby they binde themselves to mutuall maintenance against all persons whatsoever should have beene added except the King and his successors that was refused though even that could have given no satisfaction unlesse We should give way to that which divers Acts of Parliament have made sedition and punishable with death Upon notice given by Our Commissioner of his intended departure the debatements at their Table grew very hot and fierie upon this point Whether they should presently indict a Generall Assembly and fall upon the violent courses intended by them or that they should grant some short time for his journey his stay with Us his returne to them againe with Our finall answer and last resolution and in the meane time promise that they would behave themselves quietly and peaceably and continue all things in statu quo untill his returne This last was agreed unto though not without much contrarietie of voices and so some of the principall Covenanters came and acquainted him with this their resolution which was That they would expect Our answer and his returne upon the fifth of August next at the furthest untill which time they would breake up their great meeting containe themselves and the people in quietnesse and peace but if by that day he did either not return or not bring with him from Us such an answere as they expected then they would hold themselves free and goe on to prosecute the courses which they had resolved upon And so Our Commissioner begun his journey towards Us. After Our Commissioner had at Greenwich made Us fully acquainted with all their insolencies We speedily dispatched him with new Instructions and commanded him to returne so that he might be backe in Scotland by the fifth of August and gave him order for the indicting both of a Generall Assembly and a Parliament but so that he should first be fully satisfied by all informations which he could conveniently receive of the constitution of a Generall Assembly with which perhaps many were not acquainted none having beene kept for divers yeares And therefore it did require good deliberation to agree both upon the members of the Assembly not for their persons but for their qualitie and of what things were usually treated and handled there No sooner was he returned into Scotland but he found all things in much worse case and in a farre greater combustion then he left them For he found that the heads of the faction being affraid that he might bring backe with him some satisfactory accommodation which Our subjects might like well but they themselves resolved to reject had in the time of his absence assured their followers that they might compasse their ends by such means and upon such conditions as themselves desired Nay they proceeded so far as to make the people beleeve what they knew to be most untrue viz. That Our Commissioner was well satisfied with all their proceedings and especially with their Covenant in regard of the late explication they had made of it and were so impudent as to use that inducement for an argument whereby they perswaded many of all sorts especially of the Ministers who had formerly stood out against their Covenant to enter into it in this short time of his absence from them And the three Ministers in their answers to the Queries of the Divines of Aberdene had the boldnesse to print that Our Commissioner rested satisfied with their Covenant according to their explication of it With which their notorious calumnie he found himselfe so highly injured in a point which so much concerned his loyaltie to Us and the trust reposed in
this to be any hinderance of the indiction of a Generall Assemblie but rather a powerfull and principall motive with speed to conveene the same as the proper Judicatorie wherein to determine such dangerous and universall differences of the Church Neither do wee heare that any Ministers are deposed but onely suspended during this Interim till a Generall Assemblie for their erroneous doctrine and flagitious life So that it were most offensive to God disgracefull to Religion and scandalous to the people to restore them to their places till they be tried and censured And concerning Moderators none of them as we understand are deposed but some onely changed which is verie ordinarie in this Church The fourth concerning the repairing of Parishioners to their owne Church and that Elders assist the Ministers in the discipline of the Church ought to be cognosced and judged by the particular Presbyteries to which the Parishioners and Elders are subject since the cause may bee in the Ministers no lesse then in the Parishioners and Elders And in case they finde no redresse there to assent till they come to a Generall Assemblie the want whereof maketh disorders to bee multiplied both in Presbyteries and particular Parishes To the sixth That ministers wait upon their owne Churches and that none of them come to the Assemblie or place where the same is kept but such as shall bee chosen Commissioners from Presbyteries we answer That none are to come to the place of the Assemblie but such as are either allowed by Commission to have voice or otherwise have such interesse as they can justifie to his Majesties Commissioner and the Assemblie conveened To the seventh Concerning the appointing of Moderators of Presbyteries to bee Commissioners to the Generall Assemblie onely constant Moderators who have ceased long since were found in the Assemblie 1606. which yet was never reputed by the Church to be a lawfull nationall Assemblie to be necessarie members of the Generall Assemblie And if both the Moderators who if they be necessarie members need not to bee chosen and the chosen Commissioners repaire to the Assemblie the Assemblie it selfe can judge best of the members whereof it ought to consist To the ninth That no lay-person whatsoever meddle with the choosing of Commissioners from the Presbyteries and no Minister without his owne Presbyterie we say That according to the order of our Church discipline none but Ministers and Elders of Churches ought to have voice in choosing Commissioners from Presbyteries and that no Minister or Elder should have voice in Election but in his owne Presbyterie The rest of the particulars are concerning civill matters As the fifth concerning the paying of Rents and Stipends to Ministers and Bishops concerning which we can say no further but that the lawes are patent for them as for his Majesties other subjects and that the General Assemblie ought not to be delaied upon any complaint in that kinde The eighth requiring that Bishops and Ministers be secured in their persons we think so reasonable that wee will promise everie one of us for our own parts they shall suffer no violence from us and that we shall hinder others so farre as wee may And if any trouble them otherwise or make them any kinde of molestation in that attendance but by order of Law the parties are justly punishable according to the degree of their fault as other subjects are To the tenth concerning the dissolving of all Convocations and meetings and the peaceablenesse of the Countrie These meetings being kept for no other end but for consulting about lawfull remedies against such pressing grievances as threaten the desolation of this Church and State cannot be dissolved till the evils be removed And we trust that nothing in these our meetings hath escaped us which carrieth in it the smallest appearance of undutifulnesse or which may seeme to tend to the breach of the common peace But although our adversaries have herein calumniated us yet we have alwayes so behaved our selves as beseemed his Majesties most humble and loyall subjects petitioning his Majestie for a legall redresse of our just grievances To the last concerning the Covenant the Commissioner his Grace having many times and most instantly pressed us with that point we did first by invincible arguments make manifest that wee could not without sinning against God and our owne consciences and without doing wrong to this Nationall Church and all posteritie rescind or alter the same And thereafter did at large cleare the same of all unlawfull combination against Authoritie by our last Supplication and Declaration which his Majesties Commissioner accepted as the most readie and powerfull of all other meanes which could come within the compasse of our thought to give his Majestie satisfaction The subscription of this our confession of Faith and Covenant being an act so evidently tending to the glorie of God the Kings honour and happinesse of the Kingdome And having alreadie proved so comfortable to us in the inward of our hearts It is our ardent and constant desire and readie wish that both his Majestie and all his good subjects may be partakers of the same comfort Like as we finde our selves bound by conscience and by the Covenant it selfe to perswade all his Majesties good subjects to joyne with us for the good of Religion his Majestes honour and the quietnesse of the Kingdome which being modestly used by us without pressing or threatning of the meanest we hope shall never give his Majestie the least cause of discontent Seeing therefore according to our power and interesse wee are most willing to remove all hinderances that things may bee carried in a peaceable manner worthy our Profession and Covenant doe aime at nothing but the good of the Kingdome and preservation of the Church which by consumption or combustion is like to be desperately diseased except remedy some way bee speedily provided And wee delight to use no other meanes but such as are legall and have beene ordinarie in this Church since the Reformation Wee are confident that without further delay for preventing of greater evils and miseries then wee can expresse our just desires shall be granted So shall we be encouraged in the peace of our souls still to pray for his Majestie all encrease of true honour and happinesse UPon their refusall he sent for some of the chiefe Lords Covenanters and told them of his resolution for a new journey that he found their wayes such as he could not goe along with them that he had power to grant them a free Generall Assembly but that he could not conceive that to be a free one in which they should bring in everie man to have a voice whom they had a minde to If they would let him know what manner of persons should sit there and what they intended to doe there he would give his best concurrence if he found their intentions to be agreeable to the lawes and customes of that Church and
Januarie 28. 1580. and signed by Our Royall Father to bee renewed And to that effect have given Order to Our Commissioner with advice of Our Councell to set downe and settle some solid course whereby the same may be subscribed by Our Councell Judges Magistrates of Burroughes and all other Our people of that Kingdome And for further clearing of Our selfe Wee declare That as We are and ever have beene satisfied in Our judgement and conscience for the reformed Religion now established and against the Roman so Wee purpose by Gods grace both to live and die in the practice thereof and to preserve and maintaine the same in full strength and integritie according to the Lawes of that Our ancient Kingdome What We have thought further fitting to be done at this time concerning the particulars contayned in Our subjects petitions you shall receive Our full pleasure therein from Our Commissioner And that this Our Declaration concerning Our selfe and Our pious intention for settling the Reformed Religion within that Our Kingdome may appeare to posteritie Our pleasure is that these presents be registred in the Books of Councell Oatlands Septem 9. 1638. THis Our Letter being received by Our Councel with all submissive joyfull and thankfull acknowledgment Our Commissioner made them further acquainted with the particulars of Our grace and favour for the appeasing of the troubles of that Our kingdome who upon hearing of the same were filled with excessive joy as making full account that now malice it selfe could not finde the least pretence of keeping Our people from being satisfied all things which ever yet since the beginning of these troubles they had desired being granted unto them But so soone as some of Our Councellours who were not onely Covenanters in their heart but the very heart of their Covenant had made some of the chiefe covenanting Lords acquainted with the unexpected excesse of Our favours towards Our people these Lords making full accompt that their reigne was upon the point of expiration if the people should understand Our grace and favour bestirred themselves with might and main to disperse rumours amongst them That the newes brought home by Our Commissioner importing Our answer did tend to the utter subversion of their Religion and liberties That there was a new Covenant to be set on foot by Us to destroy theirs and that if they now did not resist all they had done was quite undone and lost After which the principall of them came downe first to Our Commissioner and then to Our Councell requesting them or indeed rather requiring them that they would not subscribe the Confession of faith nor require it to be subscribed by others by any authoritie from Us threatning in a manner that if they did they would repent it and that a present rupture would follow Our Commissioner and Councell heard them twice fully but found not the least ground of reason for the delay of the declaration of Our grace and favour towards Our people as seeing it proceeded onely from an earnest desire in these Lords to have it concealed from them and therefore resolved and imparted unto the Lords covenanters their resolution that they would publish it that day being Saturday The Lords covenanters did then seeme to abate something of their requests or rather demands and desired Our Commissioner and Councell to delay the publishing of Our Declaration onely untill the Munday following before which time if they could not shew good reasons for the stopping of it they would be content with the publication thereof Which motion of theirs wanted not seconding from some of Our Councell there present who were indeed the first and chiefest of them But Our Commissioner and Councellours well and wisely foreseeing that this delay was desired first that these Lords Covenanters might have time to pen and prepare a Protestation against this Our gracious Declaration with the contents whereof some of Our Councellors heartie Covenanters had made them acquainted which Protestation could not be provided nor penned in the space of so few houres secondly that the Lords covenanters made no question but that the next day being Sunday their Ministers in all the Pulpits of Edinburgh by their subornation should so conjure up the spirits of Our people against Our gracious Declaration as they should not be easily and readily laid againe Thirdly that they might have time to dispatch messengers Poasts abroad with copies of their Protestation in all Burroughs where Our Declaration was to be published before or as soone as Our Declaration could be sent to those places for these important considerations Our Commissioner and Councell did declare unto these Lords after full hearing of them that considering the invaliditie of their reasons to the contrarie Our gracious Declaration should be published that day at the Crosse of Edinburgh And so accordingly Our Declaration that day was proclaimed as here it followeth CHarles by the grace of God King of Scotland England France and Ireland defender of the faith To Our Lovits Messengers Our Sheriffes in that part conjunctly and severally specially constitute greeting Forsomuch as the cause and occasion of all the distractions which have happened of late both in Church and Common-weale of this Our Kingdome have proceeded from the conceived feares of innovation of Religion and Lawes To free all Our good subjects of the least suspition of any intention in Us to innovate any thing either in Religion or Lawes and to satisfie not onely their desires but even their doubts We have discharged and by these presents do discharge the Service Booke Booke of Canons and High Commission and the practice of them or any of them and by these presents annulls and rescinds all acts of Councell Proclamations and other acts and deeds whatsoever that have been made or published for establishing them or any of them and declares the same to be null and to have no force nor effect in time comming And being informed that the urging of the practice of the five articles of Perth Assembly hath bred great distraction and division in the Church and State We have beene graciously pleased to take the same into Our consideration and for the quiet and peace of Church and State doe not onely dispense with the practice of the saids Articles but also discharge like as by these presents We discharge all and whatsoever persons from urging the practice thereof upon either Laicke or Ecclesiasticall person whatsoever And We do hereby free all Our subjects from all censure and paine whether ecclesiasticall or secular for not urging practising or obeying the same notwithstanding of any thing contained in the acts of Parliament or generall Assembly to the contrary And because it hath beene to the disgrace of government disperst and surmized throughout this Our kingdome that some of Our subjects have exercised such illimited and unwarranted power and have held themselves eximed from censure and punishment to which others Our subjects are lyable We doe by these presents declare that
if any of Our subjects whether ecclesiasticall or civill of whatsoever qualitie title or degree have or shall at any time presume to doe any such act or assume to themselves any such exemption or power That they shall like as by these presents We make and ordaine them to be lyable to the triall and censure of Parliament generall Assembly or any other Judicatories competent according to the nature and qualitie of the offence And for the free entry of Ministers that no other oath be administrate unto them then that which is contained in the act of Parliament And to give Our subjects full assurance that We never intend to admit of any change or alteration in the true Religion alreadie established and professed in this Our kingdome And that all Our good people may be fully and clearly satisfied of the realitie of Our intentions towards the maintenance of the truth and integritie of the said Religion We have thought fit and expedient to injoine and authorize like as We by these presents doe require and command all the Lords of Our privie Councell Senatours of the Colledge of Justice Judges and Magistrates to burgh and land and all Our oâ—her subjects whatsoever to subscribe and renew the Confession of Faith subscribed at first by Our deare Father and His houshold in the yeare of God 1580. Thereafter by persons of all rankes in the yeare 1581. by ordinance of the Lords of secret Councell and acts of the generall Assembly Subscribed againe by all sorts of persons in the yeare 1590. by a new ordinance of Councell at the desire of the generall Assembly with their generall band of maintenance of the true Religion and the Kings person And for that effect We doe require the Lords of Councell to take such course anent the foresaid confession and generall band that it may be subscribed and renewed throughout the whole kingdome with all possible diligence And because We will not leave in Our subjects minds the least scruple or doubt of Our royall intentions and reall resolutions Wee have given warrant to Our Commissioner to indict a free generall Assembly to be holden at Glasgow the twenty first day of November in this present yeare 1638. And thereafter a Parliament to be holden at Edinburgh the fifteenth day of May Anno 1639. for settling a perfect peace in the Church and Common-weale of this kingdome And because it is likely that the disorders and distractions which have happened of late have beene occasioned through the conceived feares of innovation of Religion and Lawes and not out of any disloyaltie or disaffection to soveraigntie We are graciously pleased absolutely to forget what is past and freely to forgive all by-gones to all such as shall acquiesce to this Our gracious pleasure and carry themselves peaceably as loyall and dutifull subjects and shall ratifie and approve the same in Our next ensuing Parliament And that this Assembly may have the better successe and more happy conclusion Our will is that there be a solemne Fast proclaimed and kept by all Our good subjects of this kingdome a foureteene dayes before the beginning of the said Assembly the causes thereof to be a begging a blessing from God upon that Assembly and a peaceable end to the distractions of this Church and kingdome with the aversion of Gods heavie judgement from both And Our pleasure is that this Fast be kept in the most solemne manner as hath beene in this Church at any time heretofore upon the most extraordinary occasion OUR WILL is herefore and We charge you straightly and command that incontinent these Our Letters seen ye passe and make publication hereof by open proclamation at the market crosses of the head burrowes of this kingdome where-through none pretend ignorance of the same Given at Our Court of Oatlands the ninth day of September 1638. Per Regem AFter this Declaration was proclaimed the Confession of Faith as it was at the first commanded by Our Royall Father as also the band annexed for defence of the Religion now established and of Our Person and authoritie with the subscriptions of Our Commissioner and Councell to them both doe here follow The Confession of Faith of the Kirke of SCOTLAND Subscribed at the first by the Kings Majesties umwhile dearest Father of blessed memory and his Houshold in the yeer of God 1580. Thereafter by persons of all ranks in the yeere of God 1581. by ordinance of the Lords of Secret Councel and Acts of the Generall Assembly Subscribed againe by all sorts of Persons in the yeer 1590. by a new Ordinance of Councel at the desire of the general Assembly With the general Band for maintenance of the true Religion And now renewed and subscribed again by his Majesties speciall command by the right noble Marquesse James Marquesse of Hamiltoun Earle of Arran and Cambridge Lord Even and Evendail his Majesties high Commissioner and Lords of secret Councell undersubscribing And that of and according to the date and tenor of the said Confession of Faith dated in March 1580. and of the Band dated in Anno 1589. WEe All and every one of us underwritten protest That after long and due examination of our owne Consciences in matters of true and false Religion are now throughly resolved in the Truth by the Word and Spirit of God and therefore we beleeve with our hearts confesse with our mouths subscribe with our hands and constantly affirme before God and the whole World that this only is the true Christian Faith and Religion pleasing God and bringing salvation to man which is now by the mercy of God revealed to the world by the preaching of the blessed Evangel And received beleeved and defended by many and sundry notable Kirks and Realmes but chiefly by the Kirk of Scotland the Kings Majestie and three Estates of this Realme as Gods eternall truth and onely ground of our salvation as more particularly is expressed in the Confession of our Faith stablished and publikely confirmed by sundry Acts of Parliaments and now of a long time hath been openly professed by the Kings Majestie and whole body of this Realme both in Burgh and Land To the which Confession and forme of Religion wee willingly agree in our consciences in all points as unto Gods undoubted Truth and Verity grounded onely upon his written Word And therefore Wee abhorre and detest all contrarie Religion and Doctrine But chiefly all kinde of Papistrie in generall and particular heads even as they are now damned and confuted by the Word of God and Kirke of Scotland but in speciall we detest and refuse the usurped authoritie of that Roman Antichrist upon the Scriptures of God upon the Kirk the civill Magistrate and conscience of men All his tyrannous lawes made upon indifferent things against our Christian liberty His erroneous doctrine against the sufficiency of the written word the perfection of the Law the office of Christ and his blessed evangel His corrupted doctrine concerning originall sin our naturall
which we cannot now subscribe this Confession least we loose the bands to wickednesse seeme to repent of our former resolutions and promises and choose to have our portion with hypocrites professing and swearing that wee know GOD but in our workes denying him being abominable disobedient and unto every good worke reprobate 14. Since the narrative of the general band is now changed some lines expressing at length the Papists and their adherents to be the partie from whom the danger to Religion and the Kings Majestie was threatned are left out and no designation made of the partie from whom the danger is now threatned We are made either to think that our subscription at this time is unnecessarie or to suspect that we who have supplicated and entred in Covenant are understood to be the partie especially since the Lords of Councell have in the Act September 22. ratifying the Proclamation found themselves bound to use their best endeavours that all his Majesties good Subjects may rest satisfied with his Majesties Declaration since also we have beene although undeservedly challenged of disorders distractions and dangers to Religion and his Majesties authoritie and since in the foresaid Act and in the missive directed to his Majestie the Lords of Councell offer their lives and fortunes to his Majestie in repressing all such as shall hereafter prease to disturbe the peace of this Kirk and Kingdome which being expressed in a generalitie is by many applied to us and interpreted of our adhering to our Covenant We should therefore by our subscription of the Covenant as it is now conceived both do directly against our owne minds in condemning our selves wherein we are innocent and should consent to our owne hurt to the suppressing of the cause which wee maintaine and to the repressing mutually one of us of another directly contrarie to our former solemne Oath and subscription 15. The subscribing of this Confession by the Lords of his Majesties privie Councell who by their place and high employment are publike Peace-makers and by others who have not subscribed the late Confession will make the breach wider and the lamentable division of this Kirk more desperate then ever before some having sworne to labour by all lawfull meanes to recover the former Libertie and puritie of Religion and others maintaining that for puritie which is alreadie established some beleeving and professing that the evils supplicated against are abjured in that Confession of Faith and others maintaining the Confession of Faith and these corruptions although for the present discharged by authoritie not to be inconsistent and beside this many divisions and subdivisions will ensue to the dulefull renting of the Kirk and Kingdome making way for the wrath and many judgements of God often threatned by his faithfull servants which all the godly ought to labour by all meanes to prevent 16. Wee represent also to the honourable Lords of privie Councell to be considered That the Doctrine Discipline and Use of Sacraments are sworne and the contrarie abjured according to the Word of God and the meaning of the Kirk of Scotland in the books of Discipline and Acts of Assemblies And that in the Oath there is no place left to the generalitie of any mans conception of the true Faith and Religion nor to any private interpretation or mentall reservation For these and the like considerations in our owne name and in name of all who will adhere to the late Covenant subscribed by us and sealed from Heaven We from our dutie to God our King our native Countrey our selves and the posteritie lest our silence import a satisfaction of our desires and a stopping of our mouths from necessarie supplication for things yet to bee obtained from his Majesties just and gracious disposition are constrained to declare and protest First that the cause and occasion of the distractions of the Kirk and Common-wealth are no wayes to bee imputed unto us or our needlesse feares but to the innovations and corruptions of Religion which against the Acts and order of this Kirk and the Lawes of the Kingdome have beene pressed upon us the people of God and his Majesties loyall subjects who although under great thraldom were living in peace and quietnesse labouring in all godlinesse and honestie to do our dutie to God and man Secondly We protest that all questions and doubts that arise concerning the freedome of the Assemblie whether in the constitution and members thereof or in the matters to be treated or in the manner and order of proceeding be remitted to the determination of the Assemblie it selfe as the onely proper and competent judge And that it shall be lawfull for us being authorized with lawfull Commissions as at other times when the urgent necessitie of the Kirk shall require so in this exigence to assemble our selves at the Diet appointed notwithstanding any impediment or prorogation to the contrary And being assembled against all qualifications and predeterminations or presupposals to propone treat reason vote and conclude according to the Word of God confession of Faith and Acts of lawfull Assemblies in all Ecclesiasticall matters pertaining to the Assemblie and tending to the advancement of the Kingdome of Christ and good of Religion Thirdly since Archbishops and Bishops have no warrand for their office in this Kirk since it is contrarie both to reason and to the Acts of the Kirk that any have place and voice in the Assemblie who are not authorized with lawfull Commissions and seeing both in common equitie and by the tenour of this Proclamation they are made lyable to the triall and censure of the Assemblie Wee protest that they bee not present as having place or voice in the Assemblie but as rei to compeere for underlying triall and censure upon the generall complaints alreadie made and the particular accusations to be given in against them And that the warning given by his Majesties Proclamation and this our Protestation be a sufficient citation to them to compeer before the Assemblie for their triall and censure in life office and benefice Fourthly Wee solemnly protest that We do constantly adhere to our Oath and subscription of the Confession of Faith and Covenant lately renewed and approven with rare and undeniable evidences from heaven of the wonderfull workings of his Spirit in the hearts both of Pastors and people through all the parts of the Kingdome And that we stand to all parts and clauses thereof and particularly to the explanation and application containing both our abjuration of and our union against the particular evils and corruptions of the time a dutie which the Lord at this time especially craveth at our hands Fifthly We also protest that none of us who have subscribed and do adhere to our subscription of the late Covenant be charged or urged either to procure the subscriptions of others or to subscribe our selves unto any other Confession or Covenant containing any derogation thereunto especially that mentioned in the Proclamation without the necessarie explanation and
of suffrage and so these Ministers and none but they were chosen in each Presbyterie whom the Tables at Edinburgh had designed A thing so odious and distastfull to the Ministers that in some Presbyteries the Ministers chosen Commissioners had but eight Ministers voices and the voices of two and twentie Lay-men in others not above two Ministers voices in some but one but in all Presbyteries the Ministers Commissioners were elected by the pluralitie of Layvoices Some of these Ministers though Covenanters seeing the libertie of the Church by this meanes utterly lost and betraied did repaire to the two Covenanting Ministers of Edinburgh to whom they bemoaned themselves wondring that they would give way to the utter defacing of the Church by these Laick intrusions to whom they gave this answer That they grieved for it as much as themselves but that the necessitie of the times was such that they must wink at it else the Nobilitie Gentrie and Burrowes did threaten them with a desertion upon which a division must follow which by their Oath and Covenant they were bound by all meanes to prevent But the aggrieved Ministers were not satisfied with such cold comfortlesse and unconscionable answers but resolved in many Presbyteries to draw up their Protestations against the Lay Elders to the Assemblie yet they were so threatned by the Laitie that most of them fell back and durst not adventure upon it though others both Covenanters Non-covenanters had the courage to do it but with what successe shall be declared when We come to speak of the Assemblie it selfe Yet this We will confidently averre That when Our Commissioner came last from that Our Kingdome three parts of foure of all the Covenanting Ministers did detest the elections made by lay Elders and would have declared the nullitie of all such elections if they durst have done it and that these Ministers unlesse they have changed their minds since had rather live under Episcopall government then under the tyrannie of the Laitie and a few Ministers from whom they have suffered more in a few moneths then ever they did under all the Bishops in the Kingdome since Our comming to the Crowne all which verie many of them have affirmed both for themselves and others to Our Commissioner divers of Our Councell and others of good credit and qualitie whom We dare and do trust But the elections being now past according as they had plotted them or in good forwardnesse so to bee where they were not yet past the Covenanters next care was how to hinder the subscription of the confession of Faith commanded by Us they conceiving it their master-piece to stop any thing though never so well liked by themselves if it were commanded by Our authoritie as fearing that if We had obedience given to Us in any one thing Our people might recover the taste of government And hearing that Our Commissioner was to repaire to the Colledge of Justice there to tender to the Lords of Our Session who are the supreme Judges of Our Lawes in that Kingdome the confession of Faith and band annexed to be sworne by Our authoritie that very morning they set up Rollock to preach though it was not his ordinarie course where many of Our Judges were present before they went to sit There hee with many false and foolish impertinences did so labour to perswade them that the swearing of that confession was unlawfull and plaine perjurie that hee shewed himselfe a ridiculous and most dishonest man to most that were present a weak man to all and so little he prevailed that immediately after Sermon the Judges repairing to their usuall place of sitting whither Our Commissioner came presently and tendered them the said confession all of them except foure who were knowne to be of the false stamp did sweare to it and subscribe it the number of the Judges in all being twenty And here We desire the Reader to observe whether these men shall not be accounted a faction and not a bodie of a Kingdome when they shall separate themselves from Us who are their Soveraigne from the bodie of Our Councell who have the supreme government of the Kingdome under Us and from the bodie of Our Judges who are the Interpreters of Our Lawes and under Us the supreme Judges of all their estates and fortunes these two Judicatories together with Our Judges in criminall causes being under Us by the Lawes constituted the onely Judges of all their actions For if these Covenanters shall ascribe unto themselves the government because they are more in number then those who disassent from them then certainly in all Kingdomes and Republiques the established government must goe downe for in them all they who are ruled and governed are farre more then the Rulers and Governours They then seeing that their fierce endeavours were fruitlesse with the Lords of the Session with all speed dispatched some of their Tables throughout all parts of the Kingdome to stop the subscription to the confession of faith commanded by Us with copies of their Protestation to be read in all places where Our Commissioners should either proclaime Our Declaration or require subscription to that confession In many places they prevailed in many not Where they prevailed they used such indirect and violent courses as they gained an assent from many mens mouths whose minds were very farre from it In Glasgow after that the Lord Lowdan with divers others Noblemen Gentlemen and Ministers sent as they pretended from the Tables at Edinburgh had caused to bee read that infamous Libell of which you shall heare afterwards against the Archbishop of Glasgow in his owne Cathedrall Church without the knowledge of the Magistrates of that Citie the Lord Lowdan desired the Provost of Glasgow to convocate their Towne Councell that hee might impart some things unto them which the Provost refused But that Lord and his Associates understanding that their ordinarie Church Session sate that afternoone at which the Magistrates and Ministers were to be present came suddenly into the place where they did sit beyond their expectation where the Lord Lowdan made a speech of great length concerning the iniquitie and danger of Our Covenant adjuring them both by perswasions and threatnings that they would not subscribe the confession of faith required by Us and therefore his demand was That he might have the assured promises of the Magistrates and Ministers that they would not subscribe it that so he might report their answer to the Tables from whence he was sent To which the Provost presently answered That his Lordship knew well that Our Commissioner had required from them a subscription to Our Covenant that they had humbly intreated of his Grace some short time to returne their answer and therefore hee wondred that any man should thinke it was fit to answer any who was sent from the Tables before they had made their answer to Our Commissioner and so refusing to give any answer to these Emissaries from the Tables
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
in a Nationall Assemblie due reverence being kept and confusion avoided But that any Lay-man except hee bee delegate by Soveraigne authoritie shall presume to have a definitive and decisive voice we esteeme it to bee intrusion uppon the Pastorall charge and without warrant May we not therefore intreat my Lord Commissioner his Grace in the words of the Fathers of the fourth generall Councell at Chalcedon Mitte for as superfluos Nor will a pious Prince bee offended with it but with Theodosius the younger will say Illegitimum est eum qui non sit in ordine Sanctissimorum Episcoporum Ecclesiasticus immisceri tractatibus And Pulcheria the Empresse commanded Strategus Ut Clerici Monachi Laici virepellerentur exceptis paucis illis quos Episcopi secum duxerunt Upon this respect was Martinus in that Councell of Chalcedon moved to say Non esse suum sed Episcoporum tantum subscribere If these pretended Commissioners both Lay and Ecclesiasticall were lawfully authorized as it is evident they are not and for none other cause declinable yet the Law doth admit that justly a Judge may be declined who is probably suspect And of all probabilities this is the most pregnant when the Judge before he come to judgement doth give sentence of these things he hath to judge This made our Reformers protestation against the Councel of Trent valide and their not compearing justifiable because Pope Leo 10. had precondemned Luther as appeared by his Bull dated 8. Junii 1520. renewed by Paul 3. dated in Aug. 1535. This was the cause why Athanasius would not give his appearance at some Councels nor Hosius of Corduba nor Maximus Patriarch of Constantinople But so it is the most part if not all of the said Commissioners directed to this meeting have precondemned Episcopall Government and condemned at least suspended obedience to the Acts of the generall Assemblie and Parliament concerning the five Articles of Perth have approven their Covenant as most necessarie to be embraced of all in this Kingdome and not onely have given judgement of these things before hand but by most solemne oaths have bound themselves to defend and stand to the same as doth appeare by their Covenant Petitions Protestations Pamphlets Libels and Sermons and therefore by no Law nor equitie can these pretended Commissioners bee admitted to determine in this meeting concerning these persons and points which before hand they have so unjustly condemned Further with no Law nor reason can it subsist that the same persons shall be both Judges and Parties And wee appeale the consciences of all honest men if all at least the greatest part of the pretended Commissioners have not declared themselves partie to the Archbishops and Bishops of this Church for in that they have declined the Bishops to be their Judges as being their partie as their Declinators Petitions Declarations and Protestations do beare have they not simul semel ipso facto declared themselves to bee partie against Bishops whom they have not onely declined but persecuted by their calumnies and reproaches vented by word and writ in publike and in private by invading their persons opposing and oppressing them by strength of an unlawfull Combination for the subscribing and swearing whereof they have by their owne authoritie indicted and kept Fasts not onely in their owne Churches but where worthie men refused to bee accessorie to these disorderly and impious courses they have by aid of the unruly multitude entred their Churches usurped upon their charges reading and causing to bee read that unlawfull Covenant by threatning and menacing compelling some otherwise unwilling out of just feare to set their hands to it by processing suspending and removing obedient and worthie Ministers from their places by the usurped authoritie of their Table and Presbyteries And whereas by all Law and Justice persons finding themselves wronged in judgement have never beene denied the remedie of declinatorie and appellation neverthelesse not a few of these Presbyteries have proceeded against sundrie worthie Ministers who have declined and appealed from their judgements without respect to this defence by these meanes craftily intending to disable them to bee Commissioners for the Church directly or indirectly causing their stipends to bee kept back from them By which meanes not the least part of the subscribing Ministers have beene gained to their Covenant But it is without example uncharitable and illegall that under the pretext of summons the like whereof was never used nor in the like manner against the most hainous malefactors in the Kingdome they have devised forged vented and published a most infamous and scurrile Libell full of impudent lies and malicious calumnies against the Archbishops and Bishops of this Church and have first given out from their Table the order prescribed in these subsequent Articles which we have insert that the world may bee witnesse of the illegalitie and maliciousnesse of their proceedings I. TO desire the Presbyterie of every Bishop especially where he keeps his residence as also the Presbyterie where his Cathedrall seat is to have a speciall care of this Bill and complaint against the Prelats and particularly against the Bishop of their Diocese II. That some Noblemen if any be within the Presbyterie some Gentlemen and Barons some Ministers and some Commons who are not chosen Commissioners to the Assemblie in their owne Name and in Name of all other Covenanters or Complainers either within the Presbyterie or Diocese or whole Kingdome who are not Commissioners to the Assemblie will adhere and assist in this Complaint that they present this Bill to the Presbyterie III. That they who are Complainers have a particular care to fill up the Blanks left in the Bill in the subsumptions of the particular faults committed by the Bishop of the Diocese against these generall Rules Canons and Acts or if these Blanks will not containe the same that the Complainers draw up in a particular claime all the particular faults and transgressions of the Bishop of that Diocese against these Rules Canons and Acts or any other Law of the Church or Kingdome and present the same to the Presbyterie with this generall complaint And if they cannot get the particulars presently ready notwithstanding they present without any delay because of the scarcenesse of the time this complaint as it stands with the Blanks and in the meane time may gather any other particulars against the Assemblie to which this complaint is to be referred IIII. That the Presbyterie finding the complaint important and the generall Assemblie so approaching referre the same to the generall Assemblie by an Act of this reference insert in the Books of the Presbyterie V. That upon this reference of the complaint to the Assemblie the Presbyterie admonish the complainers apud acta to be present at the said Assemblie for assisting and verifying of the said complaint VI. That the Presbyterie ordaine all their Pastors out of Pulpit on a Sabbath day before noone to cause read publikely this whole
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-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 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
disorders absolutely forgotten and forgiven and for the more full and cleare extirpating all ground and occasion of feares of innovation of Religion We had commanded the confession of faith and band for maintenance thereof and of authoritie in defence of the same subscribed by Our deare Father and his houshold in anno 1580. to bee renewed and subscribed againe by Our subjects here Like as for settling of a perfect peace in the Church and Common-wealth of this Kingdome We caused indict a free generall Assembly to bee holden at Glasgow the 21. of this instant and thereafter a Parliament in May 1639. By which element dealing We looked assuredly to have reduced Our subjects to their former quiet behaviour and dutifull carriage whereto they are bound by the Word of God and Lawes both nationall and municipall to Us their native and Soveraigne Prince And albeit the wished effects did not follow but by the contrary by Our so gracious procedure they were rather emboldened not onely to continue in their stubborne and unlawfull waies but also daily adde to their former procedures acts of neglect and contempt of authority as evidently appeared by open opposing of Our just and religious pleasure and command exprest in Our last Proclamation anent the discharge of the Service Booke Booke of Canons high Commission c. protesting against the same and striving by many indirect meanes to withdraw the hearts of Our good people not onely from a hearty acknowledgement of Our gracious dealing with them but also from the due obedience to those Our just religious commands notwithstanding We had been formerly so oft petitioned by themselves for the same By their daily and hourely guarding and watching about Our Castle of Edinburgh suffering nothing to bee imported therein but at their discretion And openly stopping and impeding any importation of ammunition or other necessaries whatsoever to any other of Our houses within that Kingdome Denying to Us their Soveraigne Lord that libertie and freedome which the meanest of them assume to themselves an act without precedent or example in the Christian world By making of Convocations and Councell Tables of Nobility Gentry Burrowes and Ministers within the Citie of Edinburgh where not regarding the Lawes of the Kingdome they without warrant of authoritie conveene assemble and treat upon matters as well ecclesiasticall as civill send their injunctions and directions throughout the countrey to their subordinate Tables and other under-ministers appointed by them for that effect And under colour and pretext of Religion exercing an unwarranted and unbounded libertie require obedience to their illegall and unlawfull procedures and directions to the great and seen prejudice of Authority and lawfull Monarchicall government And notwithstanding it was evidently manifest by the illegall and unformall course taken in the election of their Commissioners for the Assembly whereof some are under the censure of this Church some under the censure of the Church of Ireland and some long since banished for open and avowed teaching against Monarchie others of them suspended and some admitted to the Ministerie contrary to the forme prescribed by the Lawes of this Kingdome others of them a long time since denounced Rebels and put to the Horne who by all law and unviolable custome and practique of this Kingdome are and ever have been incapable either to pursue or defend before any Judicatorie far lesse to be Judges themselves some of them confined and all of them by oath and subscription bound to the overthrow of Episcopacie And by this and other their under-hand working and private informations and perswasions have given just ground of suspicion of their partiality herein so made themselves unfit Judges of what concerneth Episcopacie And also it was sufficiently cleared by the peremptorie and illegall procedures of the Presbyteries who at their own hand by order of law and without due forme of processe thrust out the Moderatours lawfully established and placed others whom they found most inclinable to their turbulent humours associate to themselves for the choosing of the said Commissioners for the Assembly a Laick-Elder out of each Paroch who being in most places equall if not moe in number then the Ministerie made choice both of the Ministers who should be Commissioners from the Presbyteries as also of a Ruling-Elder being directed more therein by the warrants from the foresaid pretended Tables then by their owne judgements as appeares by the severall private instructions sent from them farre contrary to the Lawes of the Countrey and lowable custome of the Church by which doings it is too manifest that no calme nor peaceable procedure or course could have been expected from this Assembly for settling of the present disorders and distractions Yet We were pleased herein in some sort to blindfold Our own judgement and over-looke the saids disorders and patiently to attend the meeting of the said Assembly still hoping that when they were met together by Our Commissioner his presence and assistance of such other well disposed subjects who were to be there and by their owne seeing the reall performance of all that was promised by Our last Proclamation they should have been induced to returne to their due obedience of subjects But perceiving that their seditious disposition still increases by their repairing to the said Assembly with great bands and troupes of men all boddin in feare of warre with guns and pistolets contrarie to the lawes of this Kingdome custome observed in all Assemblies and in high contempt of Our last Proclamation at Edinburgh the 16. of this instant As also by their peremptory refusing of Our Assessors authorized by Us although fewer in number then Our dearest Father was in use to have at divers Assemblies the power of voting in this Assembly as formerly they have done in other Assemblies and by their partiall unjust and unchristian refusing and not suffering to bee read the reasons and arguments given in by the Bishops and their adherents to Our Commissioner why the Assembly ought not to proceed to the election of a Moderatour without them neither yet to the admitting of any of the Commissioners of the saids Commissioners from Presbyteries before they were heard object against the same though earnestly required by our Commissioner in our name And notwithstanding that our Commissioner under his hand by warrant from us gave in a sufficient declaration of all that was contained in our late proclamation and declaration the same bearing likewise our pleasure of the registration of the same in the books of assembly for the full assurance of the true religion to all our good subjects And yet not resting satisfied therewith lest the continuance of their meeting together might produce other the like dangerous acts derogatorie to royall authoritie we have thought good for preveening thereof and for the whole causes and reasons above-mentioned and divers others importing the true monarchicall government of this estate to dissolve and breake up the said assembly And therefore OVR will is and we
could wee have any other intention or meaning being clearely warranted and expresly commanded by his Majesties instructions to exact the said Oath and take order that it should bee sworne throughout the Kingdome in that faire and lawfull sense and none other Neither in this point did we deliver our owne words or his Majesties minde ambiguously or doubtfully so as any other sense to our thinking could bee picked or wrung out of either the one or the other for we do attest the Lords of the Councell whether wee did not to manie or all of them upon severall occasions in conference with them ever since our comming into this Kingdome constantly declare unto them that his Majesties resolution was not to suffer Episcopall government to be abolished Wee attest all the Lords of Session whether before our tendering of that Oath to them or their Lordships taking of it wee did not fully and freely declare to them that his Majesties minde in commanding us to see this Oath taken and our own minde in requiring them to take it was onely to settle and secure the Religion and Faith professed in this Kingdome but was not to bee extended to the abjuring of Episcopall government or any other thing now in force by the Lawes of this Church and State at the time of administring this Oath which their Lordships being the reverend and learned Judges of the Lawes knew well could not bee abjured after which perspicuous predeclaration of our minde their Lordships undoubtedly in that same sense and none other took the said Oath And now good Reader having heard his Majesties minde and intention and in pursuance of them the minde of his Majesties High Commissioner concerning this Oath the reasons to repell the former objection seeme to bee needlesse the knowne minde of the supreme Magistrate who urgeth an Oath being to be taken for the undoubted sense of it yet for as much as that objection hath of late beene mainly urged for alienating the mindes of many of his Majesties good subjects and well affected to that government from adhering unto it be pleased to know that the former objection hath neither shew nor force of reason in it and that by the said Oath and that explanation set down in the Act of Councell Episcopall government neither was nor possibly could bee abjured and that for many reasons but especially these five which we having seen and approved have caused to bee here inserted and leave them to thine impartiall consideration First God forbid it should be imagined that his Majestie should command his subjects to take an Oath which in it selfe is absolutely unlawfull but for a man to sweare against a thing which is established by the Lawes of Church and Kingdome in which he liveth unlesse that thing be repugnant to the Law of God is absolutely unlawfull untill such time as that Kingdome and Church do first repeale these Lawes and therefore Episcopall government not being repugnant to the Law of God nay being consonant unto it as being of Apostolicall institution which shall be demonstrated if any man please to argue it and standding fully established both by Acts of Parliament and Acts of generall Assemblie at the time when this Oath was administred to abjure it before these Acts be repealed is absolutely unlawfull and against the word of God and it is to be hoped no man will conceive that his Majestie meaned to command a thing absolutely unlawfull And if it should be said as it is said by some who not being able to avoid the force of reason do betake themselves to pitifull shifts and evasions that these Acts of Parliament and Assembly establishing Episcopall government were unlawfully and unduly obtained certainely if they have any reasons for this their bold assertion which is of a more dangerous consequence then that it ought to be endured in any well setled Church or Common-wealth these reasons may bee presented lawfully to these judicatories to entreat them to reduce the saids Acts if there shall be strength and validitie found in them But to hold that untill such time as these judicatories shall repeale the saids Lawes they either ought to bee or can possibly bee abjured is a wicked position and destructive of the verie foundation of justice both in Church and Common-wealth Secondly it cannot bee imagined that this Oath should oblige the now takers of it farther then it did oblige the takers of it at first for doctrine and points of faith it did oblige them then and so doth it us now perpetually because these points in themselves are perpetuall immutable and eternall But for points of discipline and government and policie of the Church that Oath could binde the first takers of it no longer then that discipline and government should stand in force by the Lawes of this Church and Kingdome which our Church in her positive Confession of Faith printed amongst the Acts of Parliament Artic 20.21 declareth to bee alterable at the will of the Church it selfe and so repealable by succeeding Acts if the Câ—â—rch shall see cause When a King at his Coronation taketh an Oath to rule according to the Lawes of his Kingdom or a Judge at his admission sweareth to give judgement according to these Lawes the meaning of their Oaths cannot be that they shall rule or judge according to them longer then they continue to be Lawes but if any of them shall come afterwards to bee lawfully repealed both King and Judge are free from ruling and judging according to such of them as are thus lawfully repealed notwithstanding their originall Oath Since therefore if the first takers of that Oath were now alive they could not bee said to have abjured Episcopall government which hath been since establshed by Lawes of this Church and Kingdom especially considering that this Church in her Confession holdeth Church government to bee alterable at the will of the Church certainely we repeating but their Oath cannot be said to abjure that government now more then they could be said to do it if they were now alive and repeating the same Oath Thirdly how can it be thought that the verie Act of his Majesties commanding this Oath should make Episcopall government to bee abjured by it more then the Covenanters requiring it of their associats in both Covenants the words and syllables of the Confession of Faith being the same Now it is well knowne that many were brought in to subscribe their Covenant by the solemne protestations of the contrivers and urgers of it that they might subscribe it without abjuring of Episcopacie and other such things as were established by Law since the time that this Oath was first invented and made and the three Ministers in their first answers to the Aberdene Quaeres have fully and clearely expressed themselves to that sense holding these things for the present not to bee abjured but onely referred to the tryall of a free generall Assemblie And likewise the adherers to the last Protestation against his
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
Kingdome is discharged by the Kings Proclamation is one of our just grievances and a part of the Bishops dittie and that only for refusing the innovations and corruptions abjured by the Confession of Faith 1580. For the censure of the Kirk of Ireland it was not notified to the Assembly by any such objection and yet out of their zeal and care to satisfie all these misinformations whereof they heard some whisperings they fand after triall that these censures inflicted were for the same causes foresaids and yet could not militate out-with the bounds of that diocie where they were censured in their own law and practique and none of them were ever banished for any cause let be for that odious cause pretended in the Proclamation wherein the mention of Horning against some of the Commissioners could not bee a lawfull exception against them because Horning can neither take away their Ministeriall function nor deprive the Presbyteries of their voice by their Commissioners But in speciall this Horning against the Commissioners to the Assembly cannot be respected because it was done in Edinburgh upon a suddenty upon what intention we permit every one to consider after all the members of the Assembly were gone to Glasgow and yet Protestation was taken against the samine and suspension craved upon the reall offer of consignation which contrarie to the common law and practice of this kingdome was unexampledly refused and publick instruments taken thereupon All which objections are onely now remembred to blemish the proceedings of this Assembly but were never urged nor proponed in the Assembly but on the contrarie the Commissions of all persons were produced examined discussed and approven in my Lord Commissioners owne audience without any contrarie voice of the Assembly And yet upon these challenges much is built against the Assembly and the samine are aggravate from a preceding oath whereby it is alledged that the Commissioners were bound to overthrow Episcopall government which is of the same stamp and mettall with the rest For the truth is that there was never any oath given nor exacted but that which is contained in the Covenant whereby all was abjured onely in generall which was contrarie to the Confession of Faith 1580. leaving to the tryall and determination of the Assembly whether Episcopacie and some other innovations were repugnant to the said confession or not And at the best it is a bad inference that one who hath maintained orthodox opinions and preached against heresie and errour may not in the lawfull judicatorie voice for condemnation of these errours And as for the election of Moderatours admission of Ministers by Presbyteries and restitution of Elders the same needeth no answer in this place being sufficiently cleared by us before in our answers to the 11. Articles exhibite unto us by the Commissioner his Grace Which answers were so satisfactory that after the receit of the same his Grace promised to procure a free general Assembly with power to determine upon all questions anent members matter and manner of proceeding And are further cleared in the book of Policie and other Acts already cited in our particular answer to the Declinator of this Assembly produced by the Bishops All which is approven by this generall Assembly and all Acts carrying appearance of contrariety thereto upon undeniable grounds are declared to be null ab initio The fourth Act rubbed upon us to our prejudice by the Proclamation is the sending from the Tables of instructions whereof the heads are summarily exprest which his Grace indeed did show to the Assembly and then the members of the Assembly declared that neither of these papers were ever sent from the meetings at Edinburgh to any man in their knowledge and yet for the first which possibly might have been some private direction of one friend to another without common advice it doth not containe any thing offensive or partiall For the phrase of losing of our Christian and civill liberty might be warrantably exprest in relation to our former bondage and slavery under the Prelates tyrannizing in their High Commission whereby most summarily at their own pleasure they deprived fined and confined all persons and professours with such an high hand as justly we might affect deliverance from that servitude which was likely more to enteresse by the unlimited power usurped in their Canons So that the desire of this liberty cannot be judged an affectation of licentious living without subjection to lawfull authority which in our solemne Covenant with God wee have sworne to maintaine And as for the other paper the same is the forgerie of our enemies presented to the Commissioner his Grace of deliberate purpose to make a pretext for discharge of the Assembly which we are sorry was so readily embraced notwithstanding that when the same was produced by the Commissioner the same was not onely cleared to be no draught sent by publicke advice but the members of the Assembly and even those whom his Grace most suspected denyed the same and offered to controll it by production of the true paper of their instructions altogether disagreeing from that other produced by the Commissioner except in the two points following which had been craftily intermixed with the saids untruths to give them some countenance of probability Likeas they professed to his Grace upon their oath that they had never seene the same before nor ever read any of the Articles therein contained in any other paper except the fourth and the eighth Articles whereof the fourth was for eschewing as farre as might be Chappel-men Chapter-men and Ministers Justices of peace from being chosen Commissioners to the Assembly which was so reasonable that none could be offended thereat because Chappel-men had approven and without warrant of this Kirk practised the innovations introduced of late the Chapter-men had practised the book of ordination and contrarie to the Acts of the Kirk discharging Chapters and their election of Bishops 1578. had approven the corruptions of Kirk government and Ministers Justices of Peace had likewise accepted that civill office upon them whereunto they were promoved for the most part as creatures and dependers of Bishops And the eighth wherein some are desired to study the points which were likely to be agitate in the Assembly as de Episcopatu de senioribus and among other points de potestate supremi Magistratus in Ecclesiasticis praesertim in convocandis conciliis whereat none can take just exception because it was the duty of every member of that Assembly to instruct and enable themselves for agitating every point which might occurre to be spoken of there by any or been proponed by the Doctors of Aberdene who were expected there and commanded to study these points So that this ought not to be wrested to their prejudice seeing it was incumbent to the Assembly to know the precinct of the Kirks jurisdiction especially anent their owne Assemblies and to distinguish it from the civill jurisdiction of the
command and instance to impaire hurt or stay the said jurisdiction discipline correction of manners or punishment of their offences enormities or to make any appellation from the general Assembly to stop the discipline and order of the Ecclesiasticall policie and jurisdiction granted by Gods Word to the office-bearers within the said Kirk under the paine of excommunication summarily without any processe or admonition to be pronounced by the judgement of the Eldership by the Minister or Ministers which shall be appointed by them how soon it is known that any of the saids heads are transgressed Likeas both the Kings Majestie and his Councell promised that none thereafter should have that cause to complaine as is manifest by the Act of Assembly at Montrose in July 1597. And in the Assembly holden at Saint Andrews 24. April 1582. being charged with Letters of Horning not to proceed against Master Robert Montgomrie the Assemblie did write to his Majestie that this discharge was extraordinary as a thing that was never heard nor seen since the world began and was directly against the word of God and Lawes of the Kingdome And yet notwithstanding of the said charge the Assembly did proceed and excommunicate the said Master Robert Further In the Assembly at Edinburgh the 27. of June 1582. Sess. 7. amongst the grievances presented by the Kirk to the King The first is That his Majestie by device of some Councellours is moved to take upon Him that spirituall power and authority which properly belongeth to Christ as only King and Head of his Kirk the Ministerie and execution whereof is only given to such as bear office in the Ecclesiasticall government of the same so that in his Majesties person some men prease to erect a Popedome as though his Majestie could not be full King and Head of this Common wealth unlesse alswell the spirituall as temporall sword be put in his Majesties hands unlesse Christ be rest of his authority and the two jurisdictions confounded which God hath divided which directly tends to the wrack and overthrow of all true Religion c. And in the Assembly holden at Edinburgh in Octob. 1582. Sess. 15. Summonds are direct by the generall Assembly against the Kings Advocate for drawing up the Kings Proclamation of that straine 7. The foresaid command is also contrary to the Acts of Parliament because as the Acts of Parliament appoint every matter for its owne Judicatorie and to all Judicatories their own freedome so much more doth this liberty belong to the nationall Assembly being the supreme Judicatorie Ecclesiastick of this Kirk and onely competent Judge in matters so important and so nearly concerning Gods honour and worship immediatly the salvation of the peoples soules the setling of the purity of Gods worship the purging away the corruptions thereof and right constitutions of the Kirk whose liberties and priviledges are confirmed Parl. 12. King James 6. and Parl. 1. King Charles Likeas by the 12. Par. 114. Act K. James 6. ann 1592. the libertie and discipline of the Kirk especially in her Presbyteries and Assemblies are fully and firmly ratified with declaration that the Act of the Kings Majesties prerogative Royall over all Estates and persons shall no wayes be prejudiciall to the priviledges which God hath given to the spirituall office-bearers in the Kirk concerning heads of Religion matters of heresie excommunication collation and deprivation of Ministers or any such like essentiall censures especially grounded and having warrant of the word of God with full power even to the particular Presbyteries to put order to all matters and causes Ecclesiasticall within their bounds according to the Discipline of the Kirk 8. The Lords of Councell and Session by Act 92. Parl. 6. King James 6. are ordained to proceed in all civill causes intended or depending before them or to be intended and to cause execute their Decrees notwithstanding any private writing charge or command from the Kings Maiestie or His Councell in the contrarie and by the 47. Act 11. Parl. King James 6. all licences and supersederees purchas'd from his Maiestie are discharged as contempt done to the Law as great hurt to the lieges and contrarie to iustice and declareth the same to bee null of the Law and not admissibly by any iudge nor effectuall to the purchaser any wayes and ordaineth all Judges within this Realme to proceed and do justice siclike and in the same manner as if the said supersederees and licences never had beene purchased nor produced Like as by the 106. Act Parl. King James 6. all licences granted by his Majestie to hinder the execution of Acts against Papists and other adversaries of the true Religion are discharged and declared to be of no force According to which it hath beene the ordinarie custome both in Civill and Ecclesiasticall Judicatories notwithstanding of privie warrants or prohibitions contrarie to Law which commonly are impetrate from his Majestie upon misinformation to proceed and minister justice 9. To discharge obedience to the Acts of the Assemblie stop the execution thereof protect and defend such as are delinquents and under the Kirks censure doth directly repugne to the large Confession of Faith of this Kirk Wherein cap. 19. the third mark of the true Kirk is affirmed to bee upright ministration of Ecclesiasticall Discipline as Gods word prescribes for establishing good order and repressing of vice and so no more can bee impeded nor justly taken from the Kirk then any of her other two marks viz. The right preaching of the word and ministration of the Sacrament And therefore in the Oath at the Kings Coronation he sweareth to maintaine this Confession and these three marks of the Kirke and particularly that hee shall be carefull to root out of his Empire all Hereticks and enemies to the worship of God that shall be convict by the true Kirk of God of the foresaids crimes 10. In the short Confession of Faith sworne 1580. and 1590. and renewed by the greatest and best part of this Kirk and Kingdome with an explication renewed also at his Maiesties command by his Councell all are bound to continue in obedience of the Doctrine and Discipline of the Kirke and defend the same according to their vocation and power So that seeing this generall Assemblie hath proceeded in their Constitution Acts and whole proceedings according to the Discipline of this Kirk of Scotland 1580. and 1590. contained in the second book of Discipline which in both these yeares were ordained to bee registrate and sworn to by all the Ministers of this Kirk as the Discipline thereof and wherein the Civill and Ecclesiasticall jurisdiction are so clearly distinguished in the 1. c. l. 2. as the power of the sword may no wayes stop or impede the power of the keyes and in the 7. c. the Eldership and Assemblies hath power to execute Ecclesiasticall punishment upon all transgressours and proud contemners of the Kirk and in the 10. c. the office of the Christian
full assurance of their loyaltie and fidelitie towards Us of which We have alwaies by unanswerable demonstrations been fully perswaded as also upbraid the disloyaltie of many of Our subjects of that Our native Kingdome amongst whom they are loath to trust Us without offering their persons to be Our guard But these two things We doe desire all Our good subjects of that Kingdome firmly to beleeve First We are confident that We shall not much stand in need of English troupes to chastise the Heads of this late Rebellion as being fully perswaded that Our loyall subjects who have all this while adhered unto Us and Our mis-led subjects who upon this Our Declaration wil adhere unto Us but above all the justice of the cause of God and of Us his Anointed shall be strength enough to bring those principall Rebells to undergoe the tryall of Our Lawes Next Wee desire all Our good subjects there to beleeve that We are so farre from intending any invasion of that Our native Kingdome as that according to Our dutie and oath taken at Our Coronation We shall by the grace of God alwaies be ready with Our whole power estate and expense of Our bloud if the case shall so require to defend that Our Kingdome and subjects thereof against all invasions whatsoever For We doe at this time onely intend to reduce the principall Heads of these tumults to the obedience of Us and Our Lawes and in case of their Rebellious obstinacie to bring them to those deserved punishments which in such cases the Lawes of that Our Kingdome have provided nor can this either bee called or accounted an invasion more then the Judges sentencing malefactours to punishment can bee called an invasion of them The second mis-information whereby We find the Heads of this Rebellion goe about to keep Our people from returning to Our obedience is this They make them beleeve that since they have not accepted of Our gracious offers made in Our Declaration at Edinburgh the 22. of September last and made good by Our Commissioner in Our name at the Assembly in Glasgow that now We will certainly performe none of them But these wicked mis-reporters speake both according to their owne deserts as knowing that their rebellious misdemeanours have indeed deserved no such favour at Our hands and likewise according to their owne desires as fearing that if We should make them good then Our people might and must receive satisfaction thereby but they doe not speake according to Our Royall intentions which are to assure Our subjects that as We have before expressed in Our Preface their faults and disloyall courses shall not make Us goe backe from any thing which We have promised in either of those two Our gracious Declarations made at Edinburgh and Glasgow but that We will performe them all for the securing of all Our good subjects from any further feares of these pretended innovations The third mis-information whereby the Heads of this Rebellion goe about to continue Our people in disobedience to Us is this They would make them beleeve that if they shall now yeeld We doe intend to make that Our native Kingdome a Province and to dispoile them of all their lawes and liberties and to give them new lawes as if they were a conquered Kingdome A most divellish and false suggestion for We professe We never harboured any such thought in Our Royall breast but doe intend by the grace of God to continue that Our native Kingdome in the government of Our lawes and confirme unto them all their liberties and when it shall please God to translate Us to leave the same in charge to Our Successour These foule but false aspersions being thus wiped off We are now desirous to remove their grand and maine calumnie whereby they doe at once endeavour both to disparage Our just and to justifie their owne most unjust proceedings They give out that We have no quarrell against them but Religion and when they are asked in what points of Religion We will not yeeld to them they doe not name any one of which they have complained in their Petitions and which in them they called innovations in Religion for they know that in Our gracious Declarations We have given full satisfaction concerning them but they instance in other two particulars First Our not admitting the introducing of lay-Elders into their Presbyteries and that in equall number with the Ministers and that these lay-Elders shall have voices and alwaies the casting voice in the election of the Ministers Commissioners from the Presbyteries to the generall Assembly The second That We will not give way to the abolishing of Episcopall government For the former We professe that We cannot give way to it it being a course unheard of not onely in that Church of Scotland but in any Church in any age for how can We yeeld that Noblemen Gentlemen Commoners shall be made Ecclesiasticall persons which must needs bring in a confusion of these two Ecclesiasticall and secular persons which have alwaies been distinguished Next how can We betray the Ministers of that Kingdome unto perpetuall slaverie for if Episcopall government should bee gone which they intend and the Ministers in their Presbyteries shall be over-swayed by the voices of the lay-Elders what face of Ecclesiasticall government can remaine when it shall be quite pulled out of the hands of Ecclesiasticall persons And therefore We cannot chuse but account it a great ingratitude in those Ministers who oppose Us for whose maintenance as We first stood against the laitie so We are now resolved to stand against them for their libertie For the second which is the abolishing of Episcopall government We professe We cannot yeeld unto it though it were not warranted by Apostolicall institution at the first and since by the perpetuall practice of the Church of Christ in all ages and places as We hold it is warranted by both First because it is established in that Kingdome and hath ever been by Acts of Parliament and is so now and hath been for many yeeres by Acts of the generall Assembly Next because of the course which they have taken to abolish it to wit by an Assembly holding that an Assembly may abolish Acts of Parliament a proposition which must not bee endured in any Monarchie for then the Convocation in England or generall Assembly in Scotland might introduce in either of these Kingdomes Poperie and the Popes authoritie if they had a mind to doe so notwithstanding the Acts of Parliament in both Kingdomes which have ejected them and which Acts of Parliament were posteriour to the Acts of these Ecclesiasticall Assemblies and were confirmations of what was passed before in them Thirdly We cannot destroy Episcopall government without destroying one of the three Estates of Parliament which Wee will not doe but these men in an Ecclesiasticall Assembly without Our consent or consent of Parliament have gone about to destroy the first of the three Estates of Parliament But say that
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