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A11764 The declinator and protestation of the archbishops and bishops, of the Church of Scotland, and others their adherents within that kingdome against the pretended generall Assembly holden at Glasgow Novemb. 21. 1638. Episcopal Church in Scotland.; Spottiswood, John, 1565-1639. 1639 (1639) STC 22058; ESTC S116980 15,559 36

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Presidents of all Assemblies of the Clergie as the Chancellor of the Kingdome hath place in Councell and Session not by any Act or Statute but hoc ipso that he is Chancellor By Act of Parl. Bishops are declared to have their right in Synods and other inferiour meetings but by no law restrained nor debarred from the exercise of it in Nationall Assemblies and the law allowing Bishops to be Moderators of the Synods doth present a list in absence of the Metropolitan to whom of right this place doth belong as said is out of which the Moderator of the Generall Assembly shall be chosen For is it not more agreeable to reason order and decencie that out of Moderators of Synods a Moderator of the Generall Assembly should be chosen then of the inferiour Clergie subject to them As concerning that Act of the Generall Assembly 1580. whereby Bishops are declared to have no warrant out of Scripture if corruption of time shall be regarded the authority of that Assembly might be neglected no lesse then that at Glosgow 1610. But it is ordinary that prior acts of Assemblies and Parliaments give place to the posterior for Posteriora derogant prioribus And there past not full six yeares when a Generall Assembly at Edinburgh found that the name of Bishops hath a speciall charge and function annexed to it by the word of God and that it was lawfull for the Generall Assembly to admit a Bishop to a benefice presented by the Kings Majesty with power to admit visite and deprive Ministers and to be Moderators of the Presbyteries where they are resident and subject onely to the sentence of the Generall Assembly As for that Act at Montrose let them answer to it that have their calling by that Commission We professe that we have a lawfull calling by the election of the Clergie who are of the Chapter of our Cathedralls and consecration of Bishops by his Majesties consent and approbation according to the laudable Lawes and auncient Custome of this Kingdome and of the Church in auncient times and do homage to our Soveraigne Lord for our Temporalities and acknowledge him solo Deo minorem next unto God in all causes and over all persons Spirituall or Temporall in his owne Dominions supreame Gouernour But now we may take up Cyprian his complaint Lib. 3. Ep. 14. Quod non periculum metuere debemus de offensâ Domini quando aliqui de Presbyteris nec Evangelij nec loci sui memores sed neque futurum Dei judicium neque praepositum sibi Episcopum cogitantes quod nunquam omnino sub antecessoribus factum est cum contumelia contemptâ praepositi totum sibi vendicent Atque utinam non prostratâ fratrum nostrorum salute sibi omnia vendicarent Contumelias Episcopatûs nostri dissimulare ferre possem sicut dissimulavt semper pertuli sed dissimulandi nunc locus non est quando decipiatur fraternitas nostra à quibusdam vestrum qui dùm sine ratione restituendae salutis plausibiles esse cupiunt magis lapsis obsunt Lastly it is most manifest by the premisses how absurd it is and contrary to all reason and practise of the Christian Church that Archbishops and Bishops shall be judged by Presbyters and more absurd that they should be judged by a mixt meeting of Presbyters and Laicks conveening without lawfull authority of the Church How and by whom they are to be judged according to the custome of auncient times may be seene by the Counsell of Chalcedon Can. 9. and Concil Milevit Can. 22. and Concil Carthag 2. Can. 10. Nor do we decline the lawfull tryall of any competent judicatory in the Kingdome especially of a Generall Assembly lawfully constitute or of his Majesties high Commissioner for any thing in life or doctrine can be laid to our charge onely we declare and affirme that it is against order decency and Scripture that we should be judged by Presbyters or by Laicks without authority and Commission from Soveraign authority For the reasons foresaid and many moe and for discharge of our duty to God to his Church and to our Sacred Soveraigne lest by our silence we betray the Churche's right his Majesties authority and our owne consciences We for our selves and in name of the Church of Scotland are forced to protest that this Assembly be reputed and holden null in Law Divine and humaine and that no Church-man be holden to appeare before assist or approve it and therefore that no letter petition subscription interlocutor certification admonition or other act whatsoever proceeding from the said Assembly or any member thereof be any wise prejudiciall to the Religion and Confession of Faith by Act of Parliament established or to the Church or any member thereof or to the jurisdiction liberties priviledges rents benefices and possessions of the same acts of Generall Assemblie of Councell and Parliament in favours thereof or to the three estates of the Kingdome or any of them or to us or any of us in our persons or estates authority jurisdiction dignity rents benefices reputation and good name but on the contrary that all such acts and deeds above mentioned and every one of them are and shall be reputed and esteemed unjust illegall and null in themselves with all that hath followed or may follow thereupon And forasmuch as the said Assemby doth intend as we are informed to call in question discusse and condemne things not onely in themselves lawfull and warrantable but also defined and determined by Acts of Generall Assembly and Parliaments and in practise accordingly to the disgrace and prejudice of reformed Religion authority of the Lawes and Liberties of the Church and Kingdome weakning his Majesties authority disgracing the profession and practise which he holdeth in the Communion of the Church where he liveth and branding of Reformed Churches with the foule aspersions of Idolatry and superstition we protest before God and man that what shall be done in this kinde may not redound to the disgrace or disadvantage of Reformed Religion nor be reputed a deed of the Church of Scotland We protest that we imbrace and hold that the Religion presently professed in the Church of Scotland according to the Confession thereof received by the estates of this Kingdome and ratified in Parliament the yeere 1567. is the true Religion bringing men to eternall Salvation and do detest all contrary errour We protest that Episcopall governement in the Church is lawfull and necessary and that the same is not opposed and impugned for any defect or fault either in the Government or Governours but by the malice and craft of the Devill envying the successe of that governement in this Church these many yeeres by past most evident in planting of Churches with able and learned Ministers recovering of the Church rents helping of the Ministers stipends preventing of these jarres betwixt the King and the Church which in former times dangerously infested the same keeping the people in peace and
much lesse to write a booke against a brother 2. Against the order prescribed by the Apostle not to rebuke an Elder but to intreat him as a father and by the Act of Parl. Jam. 6 par 8. discharging all persons to impugne or to procure the diminution of the authority and power of the three estates or any of them 3. Against all lawfull and formall proceeding specially that prescribed by Act of Generall Assembly at Perth Martij 1. 1596. whereby it is ordained that all summons containe the speciall cause and crime which the said Libell doth not nameing onely generall calumnies reproaches and aspersions without instruction of any particular but leaving these to be filled up by malitious delation after they have defamed their brethren by publishing this Libell as appeares by the 8. and 11. articles of the said instructions And against the order prescribed by the Assembly at Saint Andrewes April 24. 1582. whereby it is enacted that in processe of deprivation of Ministers there be a libelled precept upon fourty dayes warning being within the Realme and threescore dayes being without the Realme to be directed by the Kirk and such Commissioners thereof as elects and admits the person complained of summoning them to compeare and answere upon the complaint And in case of their absence at the first summons the second to be directed upon the like warning with certification if he faile the Libell shall be admitted to probation and he shall be holden pro confesso Which forme not being kept in a summons inferring the punishment of deprivation the same cannot be sustained by the order of that Assembly 4. Against common equity which admits summons only by the authority of that judge before whom the delinquent is to compeare Whereby the summons directed by the authority of these pretended Presbyteries cannot sustaine for compearance before the Generall Assembly nor could reference be made from the Presbytery to the Generall Assembly the parties never being summoned to compeare before the Presbytery whereby either in presence of the party or in case of contumacy the complaint might be referred to the Assembly That there was no citation before the reference is cleare by the said instructions And what a strange and odious forme it is to insert such a Calumnious Libell in the Presbytery-books without citing of the parties to answere thereto and to cite Bishops before the Generall Assembly by the said Libell by publishing the same at Churches to which they had no relation and were many miles distant we leave it to the judgement of indifferent men 5. Against all decency and respect due to men of their place the said persons being men of dignity and some of them of his Majesties most honourable privie Councell and knowen to be of blamelesse conversation and to have deserved well thus to be reviled and traduced doth redound to the reproach of Church and State and of the Gospell whereof they are preachers 6. Lastly to omit many other informalities against their owne consciences which we charge in the sight of God as they must answere before his great and fearefull tribunall if they suspect and know not perfectly according to the judgement of charity them whō they thus accuse to be free of these crimes wherewith they charge them at least of many of them as appeares evidently by the 11 article of the said instructions having therein libelled the generall and have yet to seeke the specification thereof from the malice of their neighbours if so be they can furnish it By which informall and malitious proceeding it is most apparent that our said parties do seek our disgrace and overthrow most malitiously and illegally And therefore we call heaven and earth to witnesse if this be not a barbarous and violent persecution that all circumstances being considered hath few or none to parallell it since the beginning of Christianity and if we have not just cause to decline the said pretended Commissioners as our party Moreover can these men expect but in a lawfull Assembly they were to be called and censured for their enorme transgressions foresaid And will any man thinke that they can be judges in their owne cause It is alledged out of the Canon-law against the Pope that if the Pope be at variance with any man he ought not to be judge himselfe but to chuse arbitrators And this may militate against them except they be more unruly then Popes Ludovicus Bavarus and all the Estates of Germanie with him did plead this nullity against the sentence and proceeding of Pope Iohn 22. and of his Councell And the Archbishop of Cullen 1546. did plead the nullity of Paul 3. his Bull of excommunication because he protested that so soone as a lawfull Councell should be opened he would implead the Pope as party being guilty of many things censurable by the Councell But the late Protestation doth show the authors thereof to be no lesse injurious to our place and authority then they are over weening of their owne For it is against reason and practise of the Christian Church that no Primate Archbishop nor Bishop have place nor voyce deliberative or decisive in Generall Assemblies except they be authorized and elected by their Presbyteriall meetings consisting of preaching and ruling Elders as they call them and without warrant or example in the Primitive and purest times of the Church This also doth inferre the nullitie of an Assembly if the Moderator and President for matters of doctrine and discipline shall be neither the Primate Archbishop nor Bishop but he who by plurality of Presbyters and lay-mens voyces shall be elected which happily may be one of the inferiour Clergie or a lay-person as sometimes it hath fallen out Whereas Canonically according to the ancient practise of the Church the Primate should preside according to the constitution of the first Councell of Nice Can. 6. of Antioch Can. 9. and of the Imperiall Law Novell constitut 123. cap. 10. and according to our owne Law For what place in Assemblies Archbishops and Bishops had in other Christian nations the same they had no doubt in Scotland and yet still doe retaine except by some Municipall law it hath bin restrained which cannot be showne For the restraint of their authority by the Act of Parl. 1592. is restored by the Act of Parl. 1606. and 1609. and all acts prejudiciall to their jurisdiction abrogated Neither doth that Act 1592. establishing Generall Assemblies debarre Bishops from presiding therein nor the abrogation of their Commission granted to them by Act of Parl. in Ecclesiasticall causes imply and inferre the abrogation of that authority which they received not from the Parl. but from Christ from whom they received the spirituall oversight of the Clergie under their charge whereto belongeth the Presidentship in all Assemblies for matters spirituall alwaies with due submission to the Supreame Governour which is so intrinsecally inherent in them as they are Bishops that huc ipso that they are Bishops they are