after Our advices by Our Letters and Instructions to the rest at home and after many humble advertisements and remonstrances made from them to Us of the reasons of some alterations which they did conceive would remove divers difficulties which otherwise they feared this Booke would encounter with We were contented that the Service Booke should come out as now it is printed being fully liked by them and signed with their hands and perused approved and published by Our Royall command and authoritie In the perusall and approbation whereof We tooke speciall care that the small alterations of it in which it differeth from the English Service Booke should be such as We had reason to thinke would best comply with the mindes and dispositions of Our subjects of that Kingdome For We supposing that they might have taken some offence if We should have tendered them the English Service Booke totidem verbis and that some factious spirits would have endevoured to have misconstrued it as a badge of dependance of that Church upon this of England which Wee had put upon them to the prejudice of their Lawes and Liberties We held it fitter that a new Booke should be composed by their own Bishops in substance not differing from this of England that so the Roman party might not upbraid Us with any weightie or materiall differences in Our Liturgies and yet in some few insensible alterations differing from it that it might truely and justly be reputed a Book of that Churches owne composing and established by Our Royall Authority as King of Scotland And thus conceiving Wee had discharged the duetie of a religious King towards God and of a gracious Prince in accommodating this Booke so that Our subjects of that Kingdome should have no cause to have the least suspicion of any intended dependancie of that Church upon this Wee sent home the Book to the Lords of Our Privie Councell After their receipt consideration of it We by their advice and they by Our Authoritie commanded by publike Proclamation that the said Book should be publikely read and received in all the Churches of that Our Kingdome and should begin to be practised upon Easter next 1637. Disobedience to this Our Proclamation Wee had little reason to expect because this Service-book was no new thing unto them For it not differing from the English Service-book in any materiall point and We supposing that the English Liturgie neither was nor could bee displeasing to them did likewise conceive that this Book should be as little disliked by them Now the reasons inducing Us to a beleefe of their not misliking the English Liturgie were these First many of Our subjects of that Kingdome of all sorts daily resorting to Our Court and the Citie of London did much frequent our Chappell many other Churches in or about the Citie and many Churches during their stay here at the severall places of our residence and many other Churches within this Kingdome upon their way both hither and homeward in all which Churches they did behave themselves during the time of divine Service with that reverence as others of Our subjects of this Kingdome did without any dislike of it or quarrelling against it Now these who resorted hither being for quantitie and number very considerable and for qualitie for the most part of the very best gave Us more then a probable assurance that at home they would never accompt that absolutely in it selfe unlawfull and Antichristian as many of them have since professed unto which they had here of their owne accord by their practise yeelded obedience For neither municipall Law nor variation of time or place nor any other circumstance can allow Us to practise that which we hold in it selfe to be simply unlawfull Antichristian and against the Word of God Secondly in Our owne Chappell at Haly-rud-house ever since the yeere of Our Lord 1617. the English Liturgie hath beene read and according to it divine Service sung and said as it is here said and sung in Our Chappels in England not onely without dislike but with frequent Assemblies of Our Councel Nobility Bishops other Clergie of all sorts Judges Gentrie Burgesses women of all ranks The Bishops or some of them never gave Orders which they did frequently but they used the English Service-book in some Cathedrall Churches of that kingdom as also in the new Colledge of the University of S. Andrewes for some yeeres of late it was publikely read without any distaste much lesse disturbance for divers yeeres it was used in many families and at Our last being in that Kingdome it was read publikely in all Churches to which Wee resorted in which great numbers of all sorts of people were present All which gave Us good reason to conceive that the commanding of this Book by Our authoritie could not in any true sense be called or accounted an innovation all sorts of people and very many of those of all ranks who now inveigh most bitterly against it having been so accustomed to it and acquainted with it and that without any dislike of it or complaint against it Thirdly Wee confesse that one of the chiefest reasons moving Us to beleeve that that Service-book being in substance all one with this of England could not be held by them to containe any thing tending to Idolatrie Poperie or Superstition as since they have pretended was this We did foresee that all objections bending that way must needs strike at the English Service-book aswell as at that and indeed all of them which they have preached or published against that book do so but We did then and do still take it as granted that no man who hath his wits about him can charge the least suspicion of these things objected upon the English Service-book For since it is well knowne to the whole Christian world that the Composers Framers of the English Service-book were those very famous Bishops others who in Queen Mary her dayes delivered up their living bodies to the fire or escaping the fire indured banishment only because they would not yeeld to Poperie and Superstition How these men now whom in their owne judgement they hold to bee ranked amongst the most glorious Martyrs of the Church for resisting even to bloud Idolatry Popery and Superstiâ—ion can with any conscience or honestie be charged by these men with compiling of a Book stuffed full with Idolatrie Poperie and Superstition it requireth more then an ordinarie understanding to apprehend And besides it will be made good that more of the Bishops and learned Clergie of England both for number and weight have opposed Superstition and Popery then can be found in all the reformed Churches besides who all of them have lived in the practise of the English Liturgie and defended the same which they would never have done if they had supposed it to containe Idolatrie or Superstition These now were the grounds which inclined Us to conceive that the Service-book authorized by Us for
occasioning their celestiall Covenant as they called it were so highly extolled by their Preachers that they assured their Auditors that their memorials should be eternall whom before they had called the scumme of the people and the base Multitude and that all succeeding generations should call them blessed These high flowne speeches and many others of the like extravagant straine both in the Pulpits and out of them immediately after the first tumult and ever since have beene bestowed and that not sparingly upon that multitude which not long before they called base and rascall But no wonder for many of the better sort having succeeded that multitude in the same madnesse they must needs now give them new high and Heroicall titles such as they would have given to themselves now acting their parts for now their owne actions come next upon the Stage to bee viewed and judged All businesses now for a time seemed to be hushed and calmed by reason of the long vacation which in that Kingdome beginneth alwayes on Lammas day and the Harvest which drew all sorts of people from Edinburgh except the Citizens so that little or nothing was done betweene the last of July and first of October save that some Ministers petitioned the Lords of Our Councell for suspending the Letters whereby they were charged to receive the Service Book and that they of Edinburgh begun a little by the instigation of their two silenced Ministers to relent of their former forwardnesse for receiving the said Booke and to repent themselves of their too eager condemning the raisers of the first insurrection and presented to Our Councell on the 26. of September a Petition humbly desiring not to bee pressed with the Service Booke notwithstanding all their former undertakings but to be continued in the same case with all the rest of the Kingdome untill Our pleasure were further knowne which Petition as they alledged they were necessitated to present by the example and encouragement of all ranks from all parts of the Kingdome But so soone as Harvest was done the conflux of all sorts of Our subjects Nobilitie Gentrie Ministers and Burgesses from all parts of that Kingdome came to be so great at Edinburgh and after such a tumultuous maner as that a present Insurrection was justly feared which forced Our Councell assembled then at Edinburgh upon the day before appointed by them viz. the xvij of October 1637. to make three Proclamations The first to give notice that on that day nothing should bee treated of at the Councell Table concerning Church businesse untill the Lords might see the times and meetings of his Majesties subjects more quiet and peaceable and therefore commanded all who were come thither about any such businesse peaceably to repaire to their owne homes within foure and twentie houres under the paines expressed in the said Proclamation A second for removing the Session which is here in England called the Terme from Edinburgh to Lithcow for feare of present danger if this great concourse of people should not some way be diverted and divided especially considering that those of Edinburgh were now apparently perverted and become very evill affected to Our and Our Councels courses of peace and quietnesse A third for bringing in and burning a certaine seditious Booke newly dispersed amongst our subjects there tending to sedition and the disgrace of Our Ecclesiasticall Government here in England The three Proclamations are here inserted Apud Edinburgh 17. Octob. 1637. FOrasmuch as it hath pleased the Kings Majestie upon divers good respects and considerations to give warrant and direction to the Lords of his Majesties Privie Councell for dissolving the meeting of this Councell day in so farre as concerneth matters of the Church And that everie one that hath come to attend this businesse repaire to their owne dwellings except such persons as shall make knowne to the said Lords of Councell just cause of stay for their particular affaires Therefore the said Lords according to his Majesties speciall warrant and direction sent unto them have dissolved and by the tenour hereof doe dissolve the meeting of this Councell day in so farre as concernes the businesse above written And ordaines a Maissar of Councell to passe to the Mercate Crosse of Edinburgh and to make publication hereof And to command everie one that hath come hither to attend this businesse to repaire home to their owne dwellings within 24. houres after the publication hereof except such persons as shall make knowne to the said Lords just cause of their further particular affaires in manner aforesaid under the paine of Rebellion and putting them off to the Horne with certification to them that if they faile they shall be denounced Rebels and put to the Horn and all their moveable goods escheat to his Majesties use Apud Edinburgh 17. Octob. 1637. FOrasmuch as it hath pleased the Kings Majestie upon divers great and good considerations knowne to his Majestie to remove his Councell and Session from the Citie of Edinburgh to the Burgh of Dundie And whereas it is inconvenient at this time to remove it so farre his Majestie is graciously pleased that this next Session shall be holden at the Burgh of Linlithgow and the next after the ordinarie vacants at the Burgh of Dundie And there to remaine during his Majesties pleasure And therefore the said Lords according to his Majesties speciall direction ordaines Maissars or Officers of Armes to passe and make publication hereof to all his Majesties good subjects by open Proclamation at all places needfull whereby they can pretend no ignorance thereof but may prepare themselves to attend at Linlithgow and Dundie accordingly Apud Edinburgh Octob. 17. 1637. FOrasmuch as the Kings Majestie is credibly informed that there is a certaine booke intituled A Dispute against the English Popish Ceremonies obtruded upon the Kirke of Scotland and hath beene sent abroad and dispersed in this Kingdome purposely to stirre the hearts and affections of the subjects from their due obedience and allegeance And therefore it hath pleased his Majestie to give order and direction to his Councell that diligent inquirie and search be made for the said booke And for this effect the said Lords ordaines letters to be directed to make intimation and publication to all his Majesties subjects that such of them as have anie of the said bookes bring in the same to the Lords of his Majesties Privie Councell betwixt the date of this Proclamation and the day of And the said bookes being brought in that the same be publikely burnt certifying all his Majesties subjects if any of those bookes shall be found or knowne to have beene with any of them after the time aforesaid that they shall incurre the like censure and punishment as the Authour may be found to deserve for any thing contained in that booke ANd whether Wee and Our Councell were not justly necessitated to these Proclamations and whether it were not high time to require obedience to them though none was yeelded let
therefore taking to our heart that GOD had justly punished us for the breach of that nationall Covenant made with GOD in Anno 1580. We thought fit to reconcile our selves to him again by renewing the same Covenant And so in obedience to his divine Commandement conforme to the practise of the godly in former times and according to the laudable example of our religious Progenitours warranted by acts of Councell we again renewed our confession of Faith of this Kirk and Kingdome as a reall testimony of our fidelitie to GOD in bearing witnesse to the truth of that Religion whereunto we were sworn to adhere in Doctrine and Discipline of our loyaltie to our Soveraigne and mutuall union among our selves in that cause Which Confession with a sensible demonstration of GODS blessing from heaven was solemnly sworn and subscribed by persons of all ranks throughout this Kirk and Kingdome with a necessar explanation and application for excluding the innovations and corruptions introduced in the Religion and government of this Kirk since the yeare 1580. that so our oath to GOD might be cleare for maintenance of the doctrine and discipline then professed and established and according to the meaning of that time The happie effects of this our resolution and doing have been wonderfull And since that time GODS powerfull hand in the conduct of this businesse hath evidently appeared For after some time upon the continuance of our groanes and supplications our gracious Soveraigne was pleased to send into this Kingdome The noble Lord JAMES Marques of Hamiltoun c. with commission to heare and redresse our heavie grievances who after many voyages to his Majestie and long conferences and treating with us needlesse to be related in this place did in end by commandement from his Majestie indict a free generall Assembly to be holden at Glasgow the twentie one of November last and proclaimed a Parliament to be holden at Edinburgh the fifteenth of May next to come for setling a perfect peace in this Kirk and Kingdome And further to give full assurance to the Subjects that his Majestie did never intend to admit any change or alteration in the true religion already established and professed in this Kingdome And that all his good people might be fully and clearly satisfied of the realitie of his royall intentions for the maintenance of the truth and integritie of the said Religion his Majestie did injoyn and command all the Lords of his privie Councell Senatours of the Colledge of Justice and all other Subjects whatsoever to renew and subscribe the confession of Faith formerly subscribed by King JAMES of blessed memory and his houshold in Anno 1580. and thereafter by persons of all ranks in Anno 1581. by ordinance of the Councell and acts of the generall Assembly and againe subscribed by all sorts of persons in Anno 1590. by a new ordinance of Councell at the desire of the generall Assembly with a band for maintenance of the true Religion the Kings person and each of other in that cause as the Proclamation of indiction being dated at Oatlands the 9. of September published at the Mercat crosse of Edinburgh the 22. of the said moneth more fully proporteth Upon the hearing of which Proclamation These who were attending at Edinburgh and expecting a gracious answer of our former desires as out of bounden dutie they did with all thankfulnesse acknowledge his Majesties gracious favour So out of zeale to GOD and Religion they did protest that they who had by the late Covenant and Confession condescended more specially to the innovations and errours of the time could not after so solemne a specification returne to an implicit and more generall confession enjoyned conforme to a mandat apparantly discrepant from the genuine meaning of the confession and wanting both explication and application and did most humbly and earnestly desire the Lords of his Majesties Councell that they would not in regard of the former reasons presse upon the Subjects the subscription of this Covenant but that they might be pleased to forbeare their own subscribing of it in respect of the inconveniences might result upon their subscribing thereof in an ambiguous sense but their Lordships not having subscribed that confession containing our former explanation and being required by his Majesties Commissioner to subscribe the Confession as it was drawne up and presented to them without our explanation with a generall band for maintenance of the Religion in Doctrine and Discipline now presently profest and of his Majesties person least these words now presently repeated in this year 1638. should inferre any approbation of these innovations introduced since the year 1580. whereof many did justly complaine after deliberation for removing of this scruple and prejudice and clearing of their own meaning they caused make an act of Councell that their swearing and subscribing of the confession of Faith was according to the tenour and date the second of March 1580. according as it was then profest within this Kingdome whereupon they rested satisfied being confident that the generall Assembly then indicted would remove any doubt and differ which might arise anent the meaning and interpretation of the confession of Faith and clear what was profest in the year 1580. Yet some having subscribed that Covenant in different senses others forbearing to subscribe the same as some of the Lords of Session till the Assembly should declare the genuine and true meaning of the Confession upon whose interpretation as of the onely competent Judge they might acquiesce and rest satisfied which now after accurate tryall of the acts of generall Assemblies and mature deliberation is fully cleared and explained in this last generall Assembly by GODS mercy and his Majesties gracious favour of indiction holden at Glasgow as the act made thereupon doth proport whereby Episcopall government mongst many other innovations is found upon undeniable evidences of truth and declared to be condemned and abjured in this Kirk in Anno 1580. There is notwithstanding published in name of his Majesties Commissioner a declaration tending to disswade his Majesties Subjects from receiving the explanation of the confession made by this Assembly and affirming that the confession subscribed by the Councell doth no wayes exclude Episcopall government nor any thing else established by laws standing in force the time of the taking of the said oath the ninth of September last notwithstanding the foresaid act of Assembly which as the decree of our mother Kirk ought to be received and reverenced by all her children and act of Councell whereof the words are so cleare as they cannot admit any mentall reservation which is acknowledged by such of the Councellers then present and subscribers whose hearts GOD hath touched to make the sense of their oath to GOD preponder with them above all other worldly respects and fears THis declaration containeth five arguments with a boundle of acts of Parliament quotted and drawne up by some persons whom we know not but seen and approven by 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
consciences will not suffer us to imbrace and practise this urged Service VVe have this long time past winked at some former alterations being put in hope that no further novations should follow But now we being oppressed with our just feares to see our selves deprived of that libertie in serving God which ever hath beene approved by Church and Kingdome In place whereof we are now like to be constrained to imbrace another which hath neither been agitated nor received either by generall Assemblie or Parliament In such extremitie we are most humbly to supplicate your Lordship to consider our present estate and that this businesse is a matter of so great weight and consequence as should not appeare to bee a needlesse noyse of simple women but it is the absolute desire of all our hearts for preservation of true Religion amongst us which is dearer to us then either estate or life And therefore we do humbly crave that as the rest of the Kingdome so we may have a time to advise and that your Lordship may find out some way whereby wee may be delivered from the feare of this and all other innovations of this kinde and have the happinesse to injoy the true Religion as it hath beene by the great mercie of God reformed in this land and authorised by his Majestie who may long and prosperously Reigne over us And your Lordships answer Their Petition to the Councell followes My Lords of Secret Councell UNto your Lordships humbly shews VVe Noblemen Barons Ministers Burgesses and Commons That whereas we were in humble and quiet manner attending a gracious answer of our former supplications against the Service Book imposed upon us and readie to shew the great inconveniences which upon the introduction thereof must ensue we are without any knowne desert farre by our expectation surprised and charged by publike Proclamation to depart out of the town within twentie foure houres thereafter under paine of Rebellion by which peremptorie and unusuall charge our feares of a more severe and strict course of proceeding are augmented and course of our supplication interrupted wherefore we are constrained out of the deep griefe of our hearts humbly to remonstrate that whereas the Arch-bishops and Bishops of this Realme being intrusted by his Majestie with the government of the affaires of the Church of Scotland have drawne up and set forth and caused to be drawne up and set forth and injoyned upon the subjects two Books In the one whereof called the Book of Common prayer not onely are sowne the seeds of divers Superstitions Idolatrie and false doctrine contrarie to the true Religion established within this Realme by divers Acts of Parliament But also the Service Booke of England is abused especially in the matter of Communion by additions subtractions interchanging of words and sentences falsifying of titles and misplacing of Collects to the disadvantage of Reformation as the Romish Masse is in the more substantiall points made up therein as we offer to instruct in time and place convenient quite contrarie unto and for reversing the gracious intention of the blessed Reformers of Religion in England In the other book called Canons and Constitutions for the government of the Church of Scotland they have ordained That whosoever shall affirme that the forme of worship inserted in the Booke of Common Prayer and Administration of the Sacraments whereof heretofore and now we most justly complaine doth containe any thing repugnant to the Scriptures or are corrupt superstitious or unlawfull in the service and worship of God shall be excommunicated and not be restored but by the Bishop of the place or Archbishop of the Province after his repentance and publicke revocation of this his wicked errour Besides one hundred Canons moe many of them tending to the reviving and fostering of abolished superstitions and errours and to the overthrow of our Church Discipline established by Acts of Parliament opening a doore for what further invention of Religion they please to make and stopping the way which Law before did allow unto us for suppressing of errour and superstition And ordaining That where in any of the Canons there is no penalty expresly set down the punishment shall be arbitrary as the Bishop shall think fittest All which Canons were never seen nor allowed in any Generall Assembly but are imposed contrary to order of law appointed in this Realm for establishing Constitutions Ecclesiasticall unto which two books the foresaid Prelates have under trust procured his Majesties Royall hand and Letters Patents for pressing the same upon his loyall subjects and are the Contrivers and Devisers of the same as doth clearly appear by the Frontispice of the Book of Common Prayer and have begun to urge the acceptance of the same not onely by injunctions given in Provinciall Assemblies but also by open Proclamation and charge of Horning whereby we are driven in such straites as we must either by Processe of Excommunication and Horning suffer the ruine of our estates and fortunes or else by breach of our Covenant with God and forsaking the way of true Religion fall under the wrath of God which unto us is more grievous then death VVherefore we being perswaded that these their proceedings are contrary to our gracious Soveraign hispious intention who out of his zeale and Princely care of the preservation of true Religion established in this his ancient Kingdome hath ratified the same in his Highnesse Parliament 1633 And so his Majestie to be highly wronged by the said Prelates who have so farre abused their credit with so good a King as thus to insnare his subjects rend our Church undermine Religion in Doctrine Sacraments and Discipline move discontent between the King and his subjects and discord between subject and subject contrary to severall Acts of Parliament VVe out of bound duty to God our King and native Countrey complain of the foresaid Prelates humbly craving that this matter may be put to tryall and these our parties taken order with according to the lawes of the Realm And that they be not suffered to sit any more as Judges untill the cause be tryed and decided according to Justice And if this shall seeme to bee to you a matter of higher importance then you will condescend unto before his Majesty bee acquainted therewith Then wee humbly supplicate that this our grievance and complaint may be fully represented to his Majestie That from the influence of his Gracious Soveraigntie and Justice these wrongs may bee redressed and wee have the happinesse to injoy the Religion as it hath beene reformed in this Land IN this Petition it is worthy the observing that they complaine of the mangling of the English Service Booke and of the abuses offered unto it and the wronging of the intentions of the blessed Reformers of Religion here in this Kingdome whereas in their Sermons and ordinarie discourse they doe usually inveigh against the Service Booke here for being stuffed with Superstition and Poperie and that the first Reformers
of advice and Councell for ordering the affaires of the Kingdome without Our authoritie and in contempt of Us and Our Councell established by Us there and by entring into a Covenant and most wicked Band and combination against all that shall oppose them not excepting Our owne Person directly against the law of God the law of Nations and the municipall lawes of that Our Kingdome So that after this their Protestation they perfected that which they had before begun confusedly and as it were in a ruder draught For then contrarie to Our expresse commandement and authoritie expressed in Our last Proclamations and repeated unto them by Our Councell they did erect a great number of Tables as they called them in Edinburgh Foure principall One of the Nobilitie another of the Gentrie a third of the Burroughes a fourth of Ministers and the Gentrie had manie subordinate Tables according to their severall Shires These severall Tables did consult of what they thought fit to bee propounded at the generall Table which consisteth of severall Commissioners chosen from the other foure Tables and what they of the generall Table resolved on was to be put in practice with a blinde and Jesuiticall obedience A rare and unheard forme of Government in a Kingdome whose Government ever was Monarchicall and which they themselves still say continueth to be so Sure these meetings by wise men have been accounted rather Stables of unruly horses broken loose and pulling downe all they can reach then Tables for the consultations of wise and rationall men Now the first dung which from these Stables was throwne upon the face of Authoritie and Government was that lewd Covenant and seditious Band annexed unto it which We here subjoine because We are confident that by the verie recitall and perusall of it every religious and wise man may run and read that sentence of condemnation which it carrieth in its owne front THE CONFESSION OF FAITH OF THE KIRK OF SCOTLAND SUBSCRIBED By the Kings Majestie and his Houshold in the yeare of God 1580. WITH A Designation of such Acts of Parliament as are expedient for justifying the union after mentioned And Subscribed by the Nobles Barons Gentlemen Burgesses Ministers and Commons in the yeare of God 1638. JOSH. 24.25 So Joshua made a Covenant with the people the same day and gave them an Ordinance and Law in Sichem 2 KING 11.17 And Jehoiada made a Covenant between the Lord and the King and the people that they should be the Lords people likewise betweene the King and the people ISAIA 44.5 One shall say I am the Lord another shall be called by the name of Jacob and another shall subscribe with his hand unto the Lord c. The Kings Majesties Charge to all Commissioners and Ministers within this Realme in the yeare of God 1580. SEeing that VVe and Our Houshold have Subscribed and given this publike Confession of Our Faith to the good example of Our subjects VVe command and charge all Commissioners and Ministers to crave the same Confession of their Parochianars and proceed against the refusers according to Our Lawes and Order of the Kirk delivering their names and lawfull processe to the Ministers of Our House with all haste and diligence under the paine of fourtie pound to be taken from their stipend that VVe with the advice of Our Councell may take order with such proud contemners of God and Our Lawes Subscribed with Our Hand at Haly-rud-house 1580. the 2. day of March the 14. yeare of Our Reigne The Confession of Faith of the Kirke of SCOTLAND The confession of Faith subscribed at first by the Kings Majesty and His Houshold in the yeere of God 1580. Thereafter by Persons of all rankes in the yeere 1581. by ordinance of the Lords of the Secret Councell and Acts of the Generall Assembly Subscribed againe by all sorts of Persons in the yeere 1590. by a new Ordinance of Councell at the desire of the Generall Assembly With a generall Band for maintenance of the true Religion and the Kings Person And now subscribed in the yeere 1638. by us Noblemen Barons Gentlemen Burgesses Ministers and Commons under subscribing Together with our resolution and promises for the causes after specified To maintaine the said true Religion and the Kings Majestie according to the Confession foresaid and Acts of Parliament The Tenor whereof here followeth 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 of 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 now is 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 Realm 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 Kirk 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 Consciences of men All his tyrannous lawes made upon indifferent things against our Christian libertie His erroneous Doctrine against the sufficiencie of the written VVord the perfection of the Law the office of Christ and his blessed Evangel His corrupted Doctrine concerning originall sinne our naturall inabilitie and rebellion to Gods Law our justification by faith onely our imperfect sanctification and obedience to the Law the nature number and use of the holy Sacraments His five bastard Sacraments with all his Rites Ceremonies and false Doctrine added to the ministration of the true Sacraments without the VVord of God His cruell judgement against Infants departing without the Sacrament his absolute necessitie of Baptisme his blasphemous opinion of Transubstantiation or reall presence of Christs body in the Elements and receiving of the same by the wicked or bodies of men His dispensations with solemn oaths perjuries and degrees of Marriage forbidden in the VVord his crueltie against the innocent divorced his divellish Masse his blasphemous Priesthood
of our worthy and religious Progenitors and of many yet living amongst us which was warranted also by Act of Councell commanding a generall Band to bee made and subscribed by his Majesties subjects of all ranks for two causes One was for defending the true Religion as it was then reformed and is expressed in the Confession of Faith above written and a former large Confession established by sundrie acts of lawfull Generall Assemblies and of Parlament unto which it hath relation set downe in publicke Cathechismes and which had beene for many yeeres with a blessing from heaven preached and professed in this Kirk and Kingdome as Gods undoubted truth grounded onely upon his written Word The other cause was for maintaining the Kings Majestie his Person and Estate the true Worship of God and the Kings authoritie being so straightly joyned as that they had the same friends and common enemies and did stand and fall together And finally being convinced in our minds and confessing with our mouthes that the present and succeeding generations in this Land are bound to keep the foresaid nationall Oath and subscription inviolable We Noblemen Barons Gentlemen Burgesses Ministers and Commons under subscribing considering divers times before and especially at this time the danger of the true reformed Religion of the Kings honour and of the publicke peace of the Kingdome by the manifold innovations and evils generally contained and particularly mentioned in our late supplications complaints and protestations doe hereby professe and before God his Angels and the World solemnely declare That with our whole hearts wee agree and resolve all the daies of our life constantly to adhere unto and to defend the foresaid true Religion and forbearing the practice of all novations already introduced in the matters of the worship of God or approbation of the corruptions of the publick Government of the Kirk or civill places and power of Kirkmen till they bee tryed and allowed in free Assemblies and in Parlaments to labour by all meanes lawfull to recover the purity and libertie of the Gospel as it was established and professed before the foresaid novations And because after due examination wee plainly perceive and undoubtedly beleeve that the Innovations and evils contained in our Supplications Complaints and Protestations have no warrant of the Word of God are contrary to the Articles of the foresaid Confessions to the intention and meaning of the blessed Reformers of Religion in this Land to the above written Acts of Parlament and doe sensibly tend to the re-establishing of the Popish Religion and tyranny and to the subversion and ruine of the true Reformed Religion and of our Liberties Lawes and Estates VVe also declare that the foresaid Confessions are to bee interpreted and ought to be understood of the foresaid novations and evils no lesse then if everie one of them had beene expressed in the foresaid Confessions and that wee are obliged to detest and abhorre them amongst other particular heads of Papistrie abjured therein And therefore from the knowledge and conscience of our dutie to God to our King and Countrey without any worldly respect or inducement so farre as humane infirmitie will suffer wishing a further measure of the grace of God for this effect VVe promise and sweare by the Great Name of the Lord our GOD to continue in the Profession and Obedience of the foresaid Religion That we shall defend the same and resist all these contrarie errours and corruptions according to our vocation and to the uttermost of that power that God hath put in our hands all the dayes of our life And in like manner with the same heart we declare before God and Men That we have no intention nor desire to attempt any thing that may turne to the dishonour of God or to the diminution of the Kings Greatnesse and Authoritie But on the contrarie we promise and sweare that wee shall to the uttermost of our power with our meanes and lives stand to the defence of our dread Soveraign the Kings Majestie his Person and Authoritie in the defence and preservation of the foresaid true Religion Liberties and Lawes of the Kingdome As also to the mutuall defence and assistance everie one of us of another in the same cause of maintaining the true Religion and his Majesties Authoritie with our best counsell our bodies meanes and whole power against all sorts of persons whatsoever So that whatsoever shall be done to the least of us for that cause shall be taken as done to us all in generall and to everie one of us in particular And that we shall neither directly nor indirectly suffer our selves to be divided or withdrawn by whatsoever suggestion combination allurement or terrour from this blessed and loyall Conjunction nor shall cast in any let or impediment that may stay or hinder any such resolution as by common consent shall be found to conduce for so good ends But on the contrarie shall by all lawfull meanes labour to further and promove the same and if any such dangerous and divisive motion be made to us by VVord or VVrit wee and everie one of us shall either suppresse it or if need be shall incontinent make the same known that it may bee timously obviated neither do we feare the foule aspersions of rebellion combination or what else our adversaries from their craft and malice would put upon us seeing what we do is so well warranted and ariseth from an unfained desire to maintaine the true worship of God the Majestie of our King and the peace of the Kingdome for the common happinesse of our selves and the posteritie And because we cannot look for a blessing from God upon our proceedings except with our Profession and Subscription we joyne such a life and conversation as beseemeth Christians who have renewed their Covenant with God VVee therefore faithfully promise for our selves our followers and all others under us both in publike in our particular families and personall carriage to endevour to keep our selves within the bounds of Christian libertie and to be good examples to others of all Godlinesse Sobernesse and Righteousnesse and of everie dutie we owe to God and Man And that this our Union and Conjunction may bee observed without violation VVee call the living God the Searcher of our Hearts to witnesse who knoweth this to be our sincere Desire and unfained Resolution as we shall answer to JESUS CHRIST in the great day and under the paine of Gods everlasting wrath and of infamie and of losse of all honour and respect in this World Most humblie beseeching the LORD to strengthen us by his holy Spirit for this end and to blesse our desires and proceedings with a happie successe that Religion and Righteousnesse may flourish in the Land to the glorie of God the honour of our King and peace and comfort of us all In witnesse whereof we have subscribed with our hands all the premisses c. TO dispute against this Covenant scholastically or otherwise then by
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
Country and our posterity and doth tend to no other end but to the preservation of the true reformed Religion the confession of Faith Lawes and Liberties of this His Majesties most ancient Kingdome and of His Majesties authority in defence thereof and satisfaction of our humble desires contained in our Supplications complaints and articles unto the which we adhere againe and again as we would eschew the curse of the Almighty God following the breach of his Covenant And yet we doe certainly expect according to the Kings Majesty his accustomed goodnesse and justice that His sacred Majesty after a true information of the justice of our cause and carriage will presently indict these ordinary remedies of a free Assembly and Parliament to our just Supplications complaints and articles which may be expected and useth to be granted from so just and gracious a King towards most loyall and dutifull Subjects calling for redresse of so pressing grievances and praying heartily that His Majesty may long and prosperously reigne over us WHereupon a Noble Earle John Earle of Cassles c. in name of the Noblemen M. Alexander Gibson younger of Dury in name of the Barons James Fletcher Provost of Dundy in name of the Borrowes M. John Ker Minister at Salt-Prestoun in name of the Ministers and Master Archbald Johnston Reader hereof in name of all who adheres to the Confession of Faith and Covenant lately renewed within this Kingdome tooke Instruments in the hands of three Notars present at the said mercat Crosse of Edinburgh being invironed with great numbers of the foresaid Noblemen Barons Gentlemen Borrows Ministers and Commons before many hundred witnesses and craved the extract thereof And in token of their dutifull respect to his Majesty confidence of the equity of their cause and innocencie of their carriage and hope of his Majesties gracious acceptance they offered in all humilitie with submisse reverence a Copy thereof to the Herauld NOw We must appeale to the judgement of the world whether there was any thing in this Our Proclamation which deserved such an undutifull and rebellious Protestation or the seditious clamours which both at their private and publicke meetings especially in their Pulpits were made against it This Protestation needeth no answere for after the first part of it which is nothing but a repetition of that which they have so often said there is nothing but a number of falsities heaped up together as the Reader may easily perceive For whereas they alledge That they have removed the impediment which caused their Covenant to be mistaken as if it had beene an unlawfull combination We suppose that thereby they meane that which they tendered to Our Commissioner and called it by the name of an explication of their Covenant which explication was so farre from giving unto Us any satisfaction that both to Us and all reasonable men it must needs appeare to be a stronger confirmation of their unlawfull combination For whereas they refused to except Us out of the number of those persons against whom their band of mutuall maintenance is intended it plainely demonstrateth that in their intentions We are the person chiefly aimed at In some few lines after this they professe that they never so much as called in question Our resolution to maintaine the Religion professed in that kingdome and Our care for not admitting any Innovations in Religion or any staine of Popish superstition Now We doe appeale even to their owne consciences whether in their private meetings nay even in their publike assemblies and Sermons they have not endevoured to settle in Our good subjects mindes opinions feares and jealousies quite contrarie to these their printed asseverations In the last part they ground their Protestation upon no grounds but such as these That they will continue together because they have obliged themselves by oath so to doe and because they will and are resolved to adhere constantly to what they have done and because they offer to cleare themselves before a generall Assembly and Parliament where they themselves make accompt to be Judges Now these and such like false and weake grounds it is very unnecessarie to confute the rehearsall of them being upon the first view their sufficient conviction After all these they end their Protestation with two very unsavourie conclusions The first is that if We will not allow of their proceedings they themselves will call a Generall Assembly which shall be sure to allow of them A notable piece of hypocrisie and disloyaltie together to be suiters to Us for that which they as they say both may doe and are resolved to doe without Our leave The second is they protest that notwithstanding any thing which We doe or shall say to the contrarie all their proceedings are in themselves most necessarie and orderly meanes agreeable to the Laws and practise of that Church and Kingdome to be commended as reall duties of faithfull Christians loyall subjects and sensible members of the body of that Church and Kingdome and no way to be styled or accounted great disorders misdemeanours blinde disobedience under pretext of Religion and running headlong into ruine All which words are multiplied onely to make up a verie unmannerly contradiction to the verie words of Our Proclamation Our Commissioner seeing not that he was not able to give but that they were resolute not to receive any satisfaction by what was offered and that the most that they could be brought to was that which they called an explication of their Covenant but indeed was none for they would never yeeld that these words whereby in their Covenant they bound themselves in a mutuall defence against all persons whatsoever should admit this interpretation Except the King He told them plainly that since his Instructions were out he could proceed no further with them without new conference with and Instructions from Us and therefore he resolved a speedie journey to Us to informe Us of what had passed and make Us acquainted with that explication of their Covenant which they had given him though as it had given no satisfaction to himselfe so he was sure it would give none to Us In the meane time he entreated them to behave themselves more quietly and peaceably then they had done untill Our pleasure were further knowne That pretended explication of their Covenant was conceived by way of Petition and was this To His Majesties Commissioner The supplication of the Noblemen Barons Burgesses Ministers and Commons here attending His Majesties gracious answer of our former petitions complaints and desires Humbly shewing THat whereas we expecting from your Grace as His Majesties Commissioner a gracious answer of our former supplications complaints and just desires have presented to your Grace a petition humbly craving a free generall Assembly and Parliament as the ordinarie remedy of our grievances and the onely meane to put this Kirk and Kingdome to quietnesse It pleased your Grace to shew that His Majestie from His princely care of this Kirk and Kingdome
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
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
and estate against whatsoever Jesuites and Seminarie or Masse-priests condemned enemies to God and his Majestie to their utter wracke and exterminion according to the power granted to us by his Majesties proclamation and acts of Parliament To try search and seeke out all excommunicates practisers and others Papists whatsoever within our bounds and shire where we keepe residence and dilate them to his Highnesse and his privie Councell and conforme us to such directions as from time to time we shall receive from his Majestie and his Councell in their behalfes And specially so many of us as presently are or hereafter shall be appointed Commissioners in every shire shall follow pursue and travaile by all meanes possible to take and apprehend all such Papists Apostates and excommunicates as we shall receive in writ from his Majesty And we the remanent within that shire shall concurre and assist with the saids Commissioners with our whole friends and forces to that effect without respect of any person whatsoever And generally to assist in the meane time and defend every one of us another in all and whatsoever quarrels actions debates moved or to be moved against us or any of us upon action of the present Band or other causes depending thereupon And effauldly joine in defence and pursuit against whatsoever shall offer or intend any injury or revenge against any one of them for the premises making his cause and part that is pursued all our parts Notwithstanding whatsoever privie grudge or displeasure standing betwixt any of us which shall be no impediment or hinder to our said effauld joyning in the said common cause but to lye over and be misknown till they be orderly removed and taken away by the order under-specified To the which time we for the better furtherance of the said cause and service have assured and by the tenour hereof every one of us taking the burden upon us for our selves and all that we may let assure each other to be unhurt unharmed or any wayes to be invaded by us or any our foresaids for old feid or new otherwise then by ordinary course of law and justice neither shall we nor any of our foresaids make any provocation or tumult trouble or displeasure to others in any sort as we shall answer to God and upon our Honours and fidelitie to his Majestie And for our further and more heartie union in this service we are content and consent that all whatsoever our feids and variances fallen or that may fall out betwixt us be within fortie dayes after the date hereof amicably referred and submitted to seven or five indifferent friends chosen by his Majestie of our whole number and by their moderation and arbitrement componed and taken away And finally that we shall neither directly nor indirectly separate nor with-draw us from the union and fellowship of the remanent by whatsoever suggestion or private advice or by whatsoever incident regard or stay such resolution as by common deliberation shall be taken in the premises as we shall answer to God upon our consciences and to the world upon our truth and honours under the pain to be esteemed traitours to God and his Majestie and to have lost all honour credit and estimation in time comming In witnesse whereof by his Majesties speciall command allowance and protection promised to us therein We have subscribed these presents with our hands At 1589. We JAMES Marquesse of Hamiltoun Earle of Arran and Cambridge Lord Even and Evendail his Majesties High Commissioner and Lords of his Majesties Privie Councel undersubscribing by vertue and conform to a warrant and command signed by his sacred Majesty of the date of Sept. 9. 1638. and registrate in the bookes of Councell upon the 22. day of the said month Swear and with our hearts and humble and true affections to Gods truth and to his sacred Majesty subscribe the Confession of faith of according to the date and tenour above specified and also renew swear and subscribe the foresaid general Band of the tenor abovewritten for preservation of the true Religion and maintenance of his sacred Majesties authoritie according to the tenor thereof and siclike as amply as the same was conceived in favours of his Majesties umwhile blessed Father of eternall memorie by the said Band. In witnesse wherof we have subscribed these presents with our hands At Holy-rood-house Septemb. 22. 1638. Sic subscribitur HAMILTOUN Traquair Roxburgh Mairsheall Mar Murray Linlithgow Perth Wigtoun Kingorne Tullibardin Hadingtoun Annandaill Lauderdaill Kinnoull Dumfreis Southesk Belheaven Angus Lorn Elphinstoun Naper Dalyell Amont J. Hay S. Thomas Hope S.W. Elphinstoun Ja. Carmichael J. Hamiltoun Blackhall AT the same time was a proclamation made for the indiction of the generall Assembly which was this At Holy-rood-house the 22. day of September 1638. FOrsomuch as it hath pleased the Kings Majestie out of his pious and religious disposition to the true Religion and out of his fatherly care for removing of all feares doubts and scruples which may arise in the mindes of his subjects for preservation of the puritie thereof and upon divers great and weightie considerations importing the glory of God the peace of the Kirke and Common-weale of this kingdome to appoint and give order that a free generall Assembly be indicted kept and holden at the Citie of Glasgow the 21. of November next Therefore the Lords of secret Councell ordaines letters to be direct charging Maissars and Officers of Armes to passe and make publication hereof by open Proclamation at the Market Crosse of Edinburgh and the head Burrowes of this Kingdome and other places needfull And to warne all and sundry Archbishops Bishops Commissioners of Kirkes and others having place and vote in the Assembly to repaire and addresse to the said Citie of Glasgow the said one and twentieth day of November next to come and to attend the said Assembly induring the time thereof and aye and while the same be dissolved and to doe and performe all which to their charges in such cases appertaineth as they will answer to the contrarie at their highest perill IMmediately after that this Proclamation was made for the indiction of the Parliament At Holy-rood-house the 22. day of September 1638. FOrsomuch as it hath pleased his Majestie out of his pious and religious disposition to the true Religion and out of his fatherly care for removing of all feares doubts and scruples which may arise in the mindes of his subjects for preservation of the puritie thereof and upon divers other great and weighty causes importing the glory of God the peace of the Kirk and Common-weale of this Kingdome to appoint and give order that the Soveraigne and High Court of Parliament shall be holden at the Citie of Edinburgh upon the 15. day of May next to come with continuation of dayes Therefore the Lords of secret Councell ordain letters to be direct to Maissars and officers of Arms charging them to passe to the market Crosse of Edinburgh
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 benefices visitation and other points of Ecclesiasticall government without a lawfull warrant from the Church in exercising power to suspend deprive command and inhibite excommunication at their pleasure to fine confine imprison banish Ministers and other professours without the warrant of the lawes of the Countrey appointing their Moderators over Presbyteries and Synods prorogating their Diets staying their proceedings against Papists Sorcerers Adulterers and other grosse offenders by exacting of contributions to such Commissioners as hee pleased to send to Court for his owne and his Colleagues affaires by depriving and ordaining of Ministers not onely without the consent of the Presbyteries and Synods but by ordaining of scandalous and unqualified Ministers and depriving of learned and religious Pastours by ordaining Ministers after a forme not allowed of in this Church by silencing Ministers for not reading the Service Book and Book of Canons by interdicting after a Popish manner the exercises of Morning and Evening prayer in their Churches by releasing of excommunicated Papists by contradicting and crossing the votes of the Presbyteries at their pleasure by their pretended negative vote directly contrary to this caution by enacting decrees of Synods without demanding their votes by changing and falsifying their Acts when most votes had carried the contrary by many wayes have they failed in this caution which are so notorious to the whole Church and to your Wisedomes that wee shall condescend upon the same when we are required Whereas in the seventh caution it was provided That in Presbyteries and in Provinciall and generall Assemblies he shall behave himself in all things as one of the brethren of the Presbyterie and be subject to their censure yet the foresaid Master David Lindsey with his foresaid Colleagues respectivè hath not behaved himselfe as a brother at these meetings he disdaines to sit in Presbyteries or to bee subject to their censures he sitteth and over-ruleth in Provinciall Assemblies rather as a Lord then a Moderatour and in stead of behaving himself as a brother in the generall Assemblie hath by threatning and silencing prejudged the liberties of the lawfull Commissioners when they propounded reasoned or concluded matters conducing to the libertie of the Church he forced them to conclude things contrarie That whereas it was concluded at Mount Rose That none of them who should have vote in Parliament should come Commissioners to the generall Assembly or have vote in it in time to come unlesse they had authority or Commission from their owne Presbyteries for that purpose yet the said Master David Lindsey with his foresaid Colleagues respectivè though they had no authoritie by commission from any Presbyteries have usurped to give votes in the last pretended Assemblies Whereas in the seventh chapter of the book of Policie registrated in the register of the Acts of the Assembly it was concluded That in all Assemblies a Moderatour should be chosen by common consent of the whole brethren assembled together and it hath beene so practised since the beginning of the Reformation till he and his fellowes began to break the Cautions yet the said Master David Lindsey with his foresaid Colleagues respectivè have usurped the place of moderation in the last pretended Assemblies and rather domineered then moderated to bring in novations yea further have directed Mandats from themselves as from the representative Church of Scotland which name and power is only competent to generall Assemblies he hath brought in the practice of many Innovations in the Royall Chappell in the Abbey Church and his pretended Cathedrall he hath laboured not onely to hinder the ordinary meetings of generall Assemblies of this Church by obtaining letters and charge from Authoritie to that purpose but also hath laboured what in him lay to take away from the Church the priviledge of holding general Assemblies yeerly belonging to Her by the Word of God Acts of this Church and lawes of this kingdome Whereas it is provided by another caution That Crimen ambitus shall be a sufficient cause of deprivation of him that shall have vote in Parliament yet the said Master David Lindsey with is foresaid Colleagues respectivè are guilty of the said crime in seeking of the said offices and promising and giving good deeds for them Whereas it was provided by the book of Discipline and acts of the Assemblie Feb. An. 1569. and December 1565. 1567. that marriage should not be solemnized without asking of banes three severall Sabbath daies before yet the said Master David Lindsey and his foresaid Colleagues respectivè have given licence to sundry Ministers to solemnize marriage without asking three severall Sabbaths before upon which have followed divers inconveniences a man hath been married to a woman her husband being alive and they not divorced some have been married to persons with whom they have committed adultery before and some have been married without the consent or knowledge of their parents Whereas by the book of Fasting authorized by the generall Assemblie and prefixed before the Psalmes no set or yeerly Fasts are allowed but disallowed as contrary to the libertie of the Church and to the nature of the exercise a Fast yet the said Master David Lindsey and his foresaid Colleagues respectivè have appointed yeerly Fasts and troubled some godly Professors for not observing the same Whereas the office of a Deacon is set forth in the book of Discipline and book of common order before the Psalmes according to the Word of God to have no medling with the preaching of the Word or the ministration of the Sacraments and by the first Confession of faith ratified in the Acts of Parliament chapter 23. Ministers called unto particular flocks have only power of the Ministration of the Sacraments yet the said Master David Lindsey with his foresaid Colleagues respectivè have given a power to certain Divines whom they make Deacons men not admitted to the calling of the ministerie to administer the Sacrament of Baptisme under the names and titles of preaching Deacons and they refuse to admit diverse men to the calling of the Ministerie before they be admitted to that Order Whereas it is ordained by the booke of Policie and Acts of the Assemblie that no man should receive ordination to the Ministerie without a present admission to a particular flock yet the said Master David Lindsey with his foresaid Colleagues respectivè have separated the Act of Ordination from the act of Admission Whereas according to the established order of the Church and the Acts of the Assemblie the ordination and admission of Ministers should be publick in the presence and with the consent of the Congregation yet the said Master David Lindsey with his foresaid Colleagues respectivè have given ordination to some men in other places not in their own Congregation violently have thrust upon them scandalous Ministers Whereas Ministers who teach erroneous and corrupt doctrine should be censured by the book of Discipline and by the Acts of the Assemblie yet the said Master David Lindsey and
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
complaint and the Presbyteries reference to the Assemblie and so to admonish the Bishop of that Diocese the delinquent complained upon with the rest of his colleagues to be present at the generall Assemblie to answer to the particular complaint both in the particular and generall Heads thereof given or to be given in and to abide the censure and triall of the Assemblie thereupon And likewise out of Pulpit to admonish all others who have interest either in the pursuing or referring this complaint to be present at the said Assemblie VII That the Presbyterie insert in their Presbyterie-Books the whole tenour of this complaint both in the generall and particular Heads thereof and that they have a care to cause deliver by their ordinarie Beadle to the Bishop of the Diocese a copie thereof and a copie of an Act referring the same to the Assemblie and summon him to compeare before the Assemblie And if he be within the countrey and cannot be personally apprehended to affix a full copie thereof upon each dwelling place and upon the most patent doore of the Cathedrall Church and Episcopall seat VIII That the complainers within the Presbyterie where the Bishop is resident or hath his Cathedrall be carefull to keep correspondence with those in other Presbyteries within their Diocese who best can specifie and verifie their Bishops usurpation and transgressions and who had particular Articles to gather particular Declarations and Informations of the same IX That some of these complainers in their owne name and with Warrant and power from the rest without failing attend the Assemblie with the generall complaint and particular verifications and specifications of the same X. That in case the Presbyterie where the Bishop hath his residence or where he hath his Cathedrall and Episcopall seat refuse to receive this complaint or referre the same to the Assemblie or to admonish or cyte the Bishop delinquent before the Assemblie to answer to the complaint that the Gentlemen and others who are complainers to the Presbyteries upon their refusall take instrument in the hands of the Clerk of the Presbyterie or any Notarie and protest that their refusall of the ordinarie care of Justice procured without doubt by the Bishop of that Diocese delinquent complained of the equivalent of Law and Reason be a formall cytation of him Which Protestation they may affix upon the dwelling house of the said Bishop or upon his Cathedrall Church or the prime Church within the Presbyterie And that they may deale with any other Presbyterie within the Diocese who is better disposed and upon their receit of the complaint will referre the same to the Assemblie and cyte the Bishop in manner above expressed to compeare before the said Assemblie XI Item perhaps some Minister within the Presbyterie may thinke some Heads of this Complaint not to be relevant in his Opinion or know the Bishop not to be guiltie of all the particular Heads contained therein yet hee in Justice cannot refuse to referre the triall of the Relevancie and Probation thereof to the generall Assemblie especially seeing the Relevancie and Probation of moe or fewer Points against the Bishop of the Diocese is sufficient and seeing the subsumption of every particular Head is against the Bishop of the Diocese with his Colleagues XII Item To desire the Presbyterie upon Complaints upon any persons within the same against any scandalous Minister either in Doctrine or Life either to judge the Complaint or referre the same to the triall and censure of the generall Assemblie and so to admonish and cyte the Ministers complained upon to compeare before the generall Assemblie for that end According to which Articles upon Sunday Octob. 28. they caused read the said Libell in all the Churches of Edinburgh notwithstanding my Lord Commissioners command given to the Provost and Bailies to the contrarie except in Holy-rood-house where it was read the next Sunday as it was in other Churches of the Kingdome proceeding herein 1. Against all charitie which doth not behave it selfe unseemely nor delighteth in the discoverie of mens nakednesse nor take up a reproach nor backbite with the tongue much lesse to write a book against a brother 2. Against the order prescribed by the Apostle not to rebuke an Elder but to intreat him as a Father and by the Act of Parliament Jam. 6. par 8. discharging all persons to impugne or to procure the diminution of the authoritie and power of the three Estates or any of them 3. Against all lawfull and formall proceeding especially that prescribed by the Act of generall Assemblie at Perth Martii 1. 1596. whereby it is ordained that all summons containe the speciall cause and crime which the said Libell doth not naming onely generall calumnies reproaches and aspersions without instruction of any particular but leaving these to be filled up by malitious delation after they have defamed their Brethren by publishing this Libell as appeares by the 8. and 11. Articles of the said instructions and against the order prescribed by the Assemblie at Saint Andrewes Aprill 24. 1582. whereby it is enacted that in processe of deprivation of Ministers there be a libelled precept upon fortie dayes warning being within the Realme and threescore dayes being without the Realme to bee directed by the Kirke and such Commissioners thereof as elects and admits the person complained of summoning them to compeare and answer upon the complaint And in case of their absence at the first summons the second to be directed upon the like warning with certification if he faile the Libell shall be admitted to probation and he shall be holden pro confesso Which forme not being kept in a summons inferring the punishment of deprivation the same cannot be sustained by the order of that Assemblie 4. Against common equitie which admits summons onely by the authoritie of that Judge before whom the delinquent is to compeare whereby the summons directed by the authoritie of these pretended Presbyteries cannot sustaine for compearance before the generall Assemblie nor could reference be made from the Presbyterie to the generall Assemblie the parties never being summoned to compeare before the Presbyterie whereby either in presence of the partie or in case of contumacie the complaint might be referred to the Assemblie That there was no cytation before the reference is cleare by the said instructions And what a strange and odious forme it is to insert such a calumnious Libell in the Presbyterie books without cyting of the parties to answer thereto and to cyte Bishops before the generall Assemblie by the said Libell by publishing the same at Churches to which they had no relation and were many miles distant Wee leave it to the judgement of indifferent men 5. Against all decencie and respect due to men of their place the said persons being men of dignitie and some of them of his Majesties most honourable privie Councell and knowne to bee of blamelesse conversation and to have deserved well thus to bee reviled and
either for clearing his innocencie or suffering condigne punishment according to his transgressions declining alwayes this Assemblie for the causes above written Like as by these presents we and everie one of us decline the same the whole members thereof and Commissioners foresaid directed thereto and every one of them We protest that this our Protestation in respect of our lawfull absence may bee received in the name of us under-subscribing for our selves and in the name of the Church of Scotland that shall adhere to the said Protestation and in the name of everie one of them from our welbeloved Dr. Robert Hamiltoun Minister at Glasford to whom by these presents we give our full power and expresse mandate to present the same in or at the said Assemblie or where else it shall be necessary to be used with all submission and obedience due to our gracious Soveraigne and his Majesties high Commissioner and upon the presenting and using thereof acts and instruments to crave and all other things to do that necessarily are required in such cases firme and stable holding or for to hold what he or any of them shall lawfully do in the premises In witnesse whereof as wee are readie with our bloud so with our hand wee have subscribed these presents at the Palace of Holy-rood-house New-castle and Glasgow the 16.17 and 20. dayes of Novemb 1638. sic subscribitur Jo. S ti Andreae Arch. Pa. Glasgow Da. Edinburgen Tho. Gallovidien Jo. Rossen Walterus Brechinen AFter these passages there were read divers Protestations at Our Commissioners instance from severall places against the lawfulnesse of this Assembly both in regard of the Lay-Elders present in it and the Ministers Commissioners in it chosen by Lay-Elders One sent from many Ministers and read publiquely doth here follow The Supplication and humble Remonstrance of the Ministers of the Church of Scotland presented to his Majesties High Commissioner and generall Assembly held at Glasgow in November 1638. May it please your Grace ANd you right Noble Right Worshipfull and you most Reverend brethren conveened by his Majesties Proclamation in this venerable nationall Assembly to consult upon the most convenient wayes and to enact such Ecclesiasticall Lawes as to your wisedomes seemes most expedient for preserving of peace and truth in this Church for which ends wee from the bottome of our hearts as feeling members of the same earnestly intreat him who hath promised to be with his owne to the end of the world by his spirit and grace so to direct and assist your wisedomes that by this long expected meeting glory may redound to his ever glorious Name and peace to this rent Church which all the members thereof with most earnest wishes expect at your hands For the present we thought it our duty as those whom it doth most clearly concerne our great Shepheard having committed to our charge a part of that Flock which he hath redeemed with his precious bloud to present unto you our just feares which arise from the sudden incroaching of the Laick now called Ruling Elders in divers Presbyteries of this Kingdome having chiefe hand in chusing of Commissioners there lest they with Commissioners thus elected may bring upon the neck of the Ministery and Church here the heavie yoake of over-ruling Elders in all times comming to the no small hurt of us and our successors in the Gospel except timely remedy be provided Our humble supplication therefore to your Grace and Members of this present Assembly is that all these Commissioners thus chosen by the voyce of Laick Elders and in whose Commissions they have had hand may be removed as men to whose voyces and judgements we cannot submit our selves in matter of Church government for the just feares above exprest they being justly suspect Judges not to be admitted and their elections and Commissions void for reasons following First there is no Law in this Kingdome whereby Laick Elders have any voyce in chusing Commissioners to Generall Assemblies the chusers therefore having no legall power to elect those that are chosen by such can have no place nor voyce in this Assembly Secondly albeit there have beene heretofore and before Churches were fully planted a custome that Laick-Elders did sit in Presbyteries yet that custome hath beene these 35. yeeres by-past universally and above forty yeeres in most Presbyteries interrupted which prescription is sufficient to make voyd any such custome so that it can be no sufficient warrant for them to sit and voyce in Presbyteries now much lesse to intrude themselves as they have done in many Presbyteries contrarie to the minds and publicke protestation of the Ministerie Thirdly when Laick-Elders had place in Presbyteries yet it was ordained that the voyces should not be equall in number with the voyces of the Ministerie as is to be seene in the booke of discipline Chapter But in this election their number were not onely equall but in most parts more because out of every Parish there was a Laick-Elder and so at least equall in number and in election of these Commissioners against whose election we except there was put upon the list six in some places and in others foure of the Ministers who being removed in their absence the choyce was made when the Laick-Elders by six or foure at the least exceeded the Ministers in number of voyces yea in some Presbyteries the Laick-Elders were twice so many in number so that these Commissioners are mainly chosen by the Laitie and not by the Ministers neither can wee acknowledge them for ours Fourthly these Laicke-Elders did of old onely assist in Discipline not medling with points of Doctrine suffering the spirit of the Prophets to be subject to the Prophets according to the Apostolicall rule but now they intrude themselves to sit and voice in the Presbyteries in matters of Doctrine and have given Commission to those whom we except against to voyce in this venerable Assembly in Doctrine aswell as in matters of Discipline which Commissions are null as proceeding à non habente potestatem For these and other most weighty causes the election of such Commissioners and their place in this Assembly being so dangerous to the Church threaten the same with the most intolerable yoak of bondage to be laid upon the neck of the Presbyteries by Laick over-ruling-Elders to the prejudice of the liberties of the said Presbyteries and whole Discipline of this Church We could not out of conscience to God our callings and flocks but make humble remonstrance of the same to your Grace and members of this grave Assembly withall protesting both in our own names and in name of all the Ministerie and body of this Church that will adhere to this present supplication that all sentences conclusions Canons Statutes and Ordinances which shall be made in that Assembly wherein the foresaid Commissioners shall have determinative voyces to be voyd null and of no effect to oblige us or any of us to the obedience of the same But if this our just
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
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
Law will they shall bee streinied thereto James 2. Parliament 2. Act 3. And therefore now seeing there is not onely violent presumption but great menacing from the adversaries of the truth and Countrey and their adherents of the breaking of the Countrey and harming of the samine and especially his Majesties lieges within Edinburgh by the extraordinarie provision of munition to the Castle of Edinburgh and that by the saids Bishops plots from his Majesties prime officers who in his Majesties absence should preveene that inconvenient by the ordinance of that Act Therefore upon their default the Countrey it selfe and the Kings lieges in whose favours the Act is made may provide for their owne safetie and keep themselves unharmed by that Castle or any inhabitants thereof and so preveen the importation of ammunition thereunto conforme to the said Act of Parliament Secondly as the Castle of Edinburgh and certaine other Castles and lands are the Kings undoubted annexed propertie so it is to bee considered for what cause they were annexed by whom annexed upon what condition and how to be disponed upon For the onely cause exprest in the annexation thereof 41. Act. James 2. Parliament 11. is that the povertie of the Crowne is oftimes the cause of the povertie of the Realme Which Act makes no mention that the King was annexer of the Castles and Lands to the Crowne but only that by the advice of the full Councell of the Parliament it was so statute and ordained And appoints that they may not bee disponed upon without advice deliverance and decreet of the whole Parliament for great seene and reasonable causes of the Realme So that being thus annexed to the Crowne by the Realme it selfe for avoyding an inconvenient to the Realme and being annexed with condition not to be disponed upon without the advice and decreet of the whole Parliament and for great seene and reasonable causes of the Realme justice and equitie will require that these Castles should not be made an instrument of the povertie and desolation of the capitall towne of the Realme and of the harme of the most considerable part of the bodie of the Realme there conveened for supplicating his Majestie and the Councell and preparing overtures to the future Parliament for redresse of our just grievances But now by this extraordinarie provision to the Castle being threatned with ruine and exterminion they may stop the misimploying of that benefit granted to the Realme eo animo ad hunc finem for the well of the Realme while the Parliament of the Kingdome give their humble advice to his Majestie thereanent Thirdly by the 9. Act. 9. Parl. James 6. it is acknowledged that the Castle of Edinburgh Dumbartane Stirling and Blaknesse are foure chiefe strengths of the Realme which ought to be safely kept to the Kings behove and wel-fare of the Realme And for keeping the Castle of Edinburgh there is assigned with consent of the Estates both money and victuall a great part whereof is forth of the thirds of benefices which thirds in December 1561. were decerned and ordained by Queene Marie with advice of her Councell and others of the Nobilitie then present to bee up taken and imployed for these two uses viz. Sustaining of Ministers and entertaining and setting forward the common and publike affaires of the Countrey and Common-wealth of the Realme which was also enacted Act 10. Parl. 1. James 6. and thereafter ratified Act 121. Parl. 12. James 6. Whereby it doth appeare that as the Castle is the Kings undeniable annexed propertie so it is also a strength of the Realme which should be safely kept to his Majesties behove and wel-fare of the Realme having for the keeping thereof rents assigned with consent of the three Estates of the Kingdom forth out of the thirds of benefices estimate by the Estates in eum usum for entertaining and setting forward the publike affaires of the Countrey and Common-wealth of the Realm And consequently the most loyall part of the body of the Realme hath maine interest to divert the converting of this strength to the weakning or ruine of the Realme or any member thereof threatned by this unusuall provision and openly denounced by our said enemies Fourthly by the 125. Act 7. Parl. James 6. it is acknowledged that the Kings Castles and strengths are the keyes of the Realme and the onely use of keyes is for keeping together in safetie and preservation and not for spartling dispersing or perdition So that the Realme and collective bodie thereof can hardly be disallowed for contributing their loyall endeavours to the good keeping of their owne keyes when contrarie to the right end these keyes are used against the Countrey and Realme whereof they should be and are the keyes of safetie as by the said Act is declared Fifthly by the same Act all violent detainers of the Kings Castles from him or constrainers of the Kings regents do redeeme his owne houses and all makers of any such bargaine merchandise or market of the Kings Castles are onely ordained to rander and deliver againe what they have received for reddition of the saids Castles and that the King shall have action for repetition thereof as necessarily given for the time and wrongously received for unlawfull causes And our proceedings being compared with the subject of that Act of Parliament cannot deserve so harsh constructions where the best part of the bodie of the Realme being constrained for indemnitie of their persons and goods do neither take nor detaine the Castle but onely with-hold importation first clandestinly intended and thereafter openly threatned of all kinde of warlike and invasive furniture which could bee usefull to no purpose but to the harm and annoyance of those who were conveened for the just occasions foresaids who deserve and expect approbation and thankes from his Majestie in his own due time for keeping his evill Counsellours and bad Patriots from putting hand in his best subjects Sixthly by the 25. Act 6. Parliament James 2. sundry points of treason are ennumerate And amongst the rest one is the assailing without consent of the Estates the Castles or places where the Kings person shall happen to bee And now the Kings person not being in this Castle but out of the Countrey and the best and most loyall part of his subiects both for number and fidelitie imploring his Maiesties authoritie for convocating the Estates to take order with these who presuming upon his Majesties absence are bold to give him sinistrous information and counsell these who do no wayes assaile the Castle but barrs these evill Patriots from putting in execution their damnable suggestions by their supercherie violence and terrifications from that Castle before the convention of Estates cannot in Law and equitie bee challenged in their carriage so necessarie to them in the interim while the Estates conveene in a Parliament which now his Majestie hath beene graciously pleased to proclaime Seventhly it is knowne by our Chronicles
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
subiects complaint respected or the offenders punished with consent of Authority and so by casting the Kirke and Estate loose and desolate would abandon both to ruine Seventhly it was most necessary to continue this Assembly for preveening the preiudices which might ensue upon the pretence of two Covenants whereas indeed there is but one that first subscribed in 1580. and 1590. being a nationall Covenant and oath to God which is lately renewed by us with that necessary explanation which the corruptions introduced since that time contrary to the same inforced which is also acknowledged in the Act of Councell in September last declaring the same to be subscribed as it was meaned the time of the first subscription and therefore for removing that shame and all prejudices which may follow upon the shew of two different Covenants and Confessions of Faith in one Nation the Assembly could not dissolve before it had tryed found and determined that both these Covenants are but one and the selfe same Covenant The latter renewed by us agreeing to the true genuine sense and meaning of the first as it was subscribed in anno 1580. And further in the said Proclamation the straine of our Protestation is taxed because we have thereby presumed to cite those of his Majesties Councell who have procured subscribed or ratified this Proclamation to bee responsall to his Majestie and three Estates of Parliament whereas the same cannot be justly quarrelled because it it is grounded upon the Law of the Kingdome and warranted by the act of Parliament therein cited 12. act Par. 2. James 4. which act is grounded upon good reason for it were strange to thinke that Councellours giving bad counsell to the evident prejudice and ruine of the Countrey and publick detriment of the good Subjects should not be countable therefore to his Majestie and his Estates and it is not without instance in our Lawes that perverse counsell hath beene given in misguiding the Kings and common good of this Realme Act 6. Par. 1. James 4. which is also acknowledged by the reduction of grants made by Kings to these perverse Councellours act 3. Par. 4. and act 5. Par. 1. James 4. The perversenesse of which misguiding counsell hath been assuredly the cause why in the next Parliament in the yeere immediately subsequent the Kings Councell was chosen in Parliament and sworne in presence of the King and three Estates and ordained to be responsall and accusable to the King and three Estates for their counsell Which cleareth that both evill counsell may bee given and that the Councell may be accused before the King and Parliament for malversation in their charge Like as his Maiestie in the Proclamation makes all persons lyable to the Parliament and generall Assembly and so giveth way to this previous cytation which may serve for a forewarning and intimation that they may bee accused if they bee guilty as wee know all are not and wish that none were All which heavie objections and imputations are premitted in the Proclamation to the conclusion and command thereof which resolveth into two heads the first discharging obedience to the acts of Assembly and liberating all who shall disobey from censure and promising Protection to the disobeyers and inhibiting all Presbyteries Sessions of Kirks Ministers within this Realme in their Sermons Sessions and meetings or any otherwaies to authorize approve or allow the Assembly at Glasgow or doe any deed which may countenance the same under paine to be punished with all rigour And commanding all who shall heare them to delate the same under paine of the like punishments likewaies straitly charging and commanding all Judges within this Realme Clerks and Writers not to grant or passe a bill summond or letters or any other execution whatsoever upon any act or deed proceeding from the said Assembly and all keepers of the Signet from Signeting thereof under all highest paine And the second head commanding all Subiects to subscribe and sweare the Confession commanded by his Majestie conforme to the sense and meaning of the declaration published by the Commissioner whereunto we need not here make any answer but remits the same to a speciall answer published in print made to that Declaration But for the first the same is so farre repugnant to the word of God practice of the primitive Kirke the Lawes Civill and Canonicall the custome of all Nations the constitutions of our generall Assemblies acts of Parliament practice of other judicatories within this Kingdome to the Confession of Faith and discipline of this Kirke as we cannot believe any such commandments to proceed from our gracious King but from the malice and mis-information of our adversaries the conscience of whose guiltinesse affrighteth them to undergoe their deserved censure which is cleare first That the same is contrary to the Law of God from that place of Scripture Mat. 18. wherein the Kirke is commanded absolutely to inflict censures 1. Cor. 5. wherein the Kirke did execute that commandment And the Kirks of Pergamus and Thyatira are reproved for not executing Ecclesiasticall censures against those who held the doctrine of Balaam or of Jezebel 2. Rev. So that the power of the keys in Ecclesiasticall censures is so intrinsecally and so essentially competent to the Kirk and generall Assembly jure divino as obedience to her decreets and executions thereof cannot be suspended far lesse taken away and discharged by humane authority more nor the power of preaching and administration of the Sacraments Secondly it is contrary to the practice of the Apostolike and Primitive Kirks whose constant practice was to execute the spirituall functions and censures and notwithstanding humane prohibitions to obey God rather then man Thirdly It is contrary to the civill Law si contra jus vel utilitatem publicam vel per mendacium fuerit aliquid postulatum vel impetratum ab Imperatore Et titulo de diversis rescriptis pragmaticis sanctionibus Fourthly the same is contrary to the Cannon Law decret decretal extravagan titulo de rescriptis Fifthly it is contrary to the universall custome in all Nations ordaining their Judicatories to doe justice notwithstanding their Princes prohibition as is cleare by Convarnvia in Spaine Pappon in France Suedwyne in Germanie c. upon the title de rescriptis aut constitutionibus principum Sixthly to the constitutions of generall Assemblies because in sundry generall Assemblies upon complaints made that the Kings Majestie and his Councell by their letters offered some stop to the Kirk from going on in her Ecclesiasticall censures especially by act of the generall Assembly conveened in the new Colledge of Sanctandrows 20. April 1582. it is ordained that none being received to any Ecclesiastical function office or benefice seek any way by the civill power to exeeme and withdraw themselves from the jurisdiction of the Kirk or procure obtain or use any letters or charges either by themselves or any other in their name or at their
Magistrate is described to assist and maintaine the Discipline of the Kirk and punish those civilly who will not obey the censures thereof without confounding alwayes the one jurisdiction with the other and this order of Ecclesiasticall Discipline condescended upon in generall Assemblies as warranted by divine authoritie to be execute notwithstanding any humane inhibition is set downe before the Psalmes in meeter and therefore we can never expect that his Majestie who out of his pious inclination to justice by a late Proclamation 22. September last hath declared and ordained that all His subjects both Ecclesiasticall and Civill shall be lyable to the tryall and censure of generall Assemblie or any other Judicatorie competent will now stay the execution of the lawfull and grave sentences of this nationall Kirk so comfortable to us and so necessarie for maintaining the puritie of Religion which his Majestie in the end of the Articles before mentioned hath promised to defend and His subjects in the profession thereof which is incompatible with the defence of excommunicate and obstinate persons But therefore wee are assured that his gracious Majestie will be pleased to allow that reverence and all readie obedience may bee deferred to the whole Acts Constitutions and censures of the said generall Assemblie by all His subiects who undoubtedly and necessarily are obliged to obedience of all the lawfull commands and injunctions of the mother Kirk if they would bee accounted members or sonnes thereof By all which cloud of weightie reasons the warrantablenesse of our just proceedings doth evidently appeare notwithstanding of all the arguments of challenge adduced against us in the said Proclamation And therefore for these and many other reasons Wee the members of this Assemblie in our owne names and in the name of the Kirk of Scotland whom we represent And we Noble-men Barons Gentle-men Ministers Burgesses and Commons before mentioned do solemnely declare in the presence of the everliving God and before all men and protest That our thoughts are not guiltie of any thing which is not incumbent to us as good Christians towards God and loyall Subiects towards our sacred Soveraigne And we attest God the Searcher of all hearts that our intentions and whole proceedings in this present Assemblie have beene and shall continue according to the word of God the Lawes and constitutions of this Kirk the Confession of Faith our nationall Oath and that measure of light which God the Father of light hath granted unto us and that in the sinceritie of our hearts without any preoccupation or passion That it was and is most lawfull and necessarie for us to fit still and continue in keeping this present Assemblie indicted by his Majestie untill after conclusion of all matters it bee dissolved by common consent of all the members thereof and that for trying judging and censuring all the by-gone evils and the introductors and providing a solide course of the continuance of Gods truth in this land with puritie and libertie according to his word our Oath and Confession of Faith and the lawfull constitutions of this Kirk That this Assemblie is and should bee esteemed and obeyed as a most lawfull full and free generall Assemblie of this Kingdome And that all Acts sentences constitutions censures and proceedings of this Assemblie whereof the generall and principall Acts are to bee published are in the selfe and should bee reputed obeyed and observed by all the subjects of this Kingdome and members of this Kirke as the Acts sentences constitutions censures and proceedings of a full and free generall Assemblie of this Kirke of Scotland And to have all readie execution under the Ecclesiasticall paines contained or to bee contained therein and conforme thereto in all points and such like that whosoever presumeth to utter any undutifull speech against the same may be duly censured and condignly punished We protest that all and everie member of this reformed Kirk efoldly and faithfully joyne and concurre in their severall callings and stations to advance further and assist the execution and obedience of the whole Acts of this Assemblie by all meanes which their abilitie can afford as they affect the advancement of Gods glorie and the work of reformation in this land We protest against all the challenges and aspersions laid upon us in the said Proclamation and that our whole answers are not onely true in everie point but likewise sufficiently forcible to deliver us from all unjust imputations and to justifie the lawfulnesse and necessitie of our whole proceedings and carriage which hath beene so unreasonably blamed Likeas by these presents we summond and cyte all those of his Majesties Councell or any other who have procured consented subscribed or ratified this present Proclamation to bee responsable to his Majestie and three Estates of Parliament for their counsell given in this matter so highly importing his Majestie and the whole Realme conforme to the 12. Act. Parl. 2. King James 4. And protest for remead of Law against them and everie one of them We protest that it is and may be lawfull unto us to defend and maintaine the Religion Lawes and Liberties of this Kingdome the Kings authoritie in defence thereof and everie one of us another in that cause according to our power vocation and Covenant with our best counsell bodies lives meanes and whole strength against all persons whomsoever and against all externall and internall invasions and that in the obedience and observance of the Acts of this Assemblie and nationall mother Kirk That whatsoever inconvenients shall fall out by impeding molesting or staying the observance and obedience due to the Acts Ordinances and Conclusions of this Assemblie or execution to follow thereupon that the same be not imputed unto us or any of us in our lawfull defence and maintenance thereof who most ardently desired the concurrence of his Majesties Commissioner to this lawfull Assemblie and do yet still with humble vehemencie beg his Majesties gracious approbation thereunto but on the contrarie that the Prelats and their adherents who have protested and declined this present Assemblie in conscience of their owne guiltinesse not daring abide to any legall tryall and by their misinformation did move the Commissioner his Grace to depart and discharge this Assemblie be esteemed repute and holden as they truly are the disturbers of the peace and overthrowers of the liberties of the Kirke and guiltie of all the evils which shall follow hereupon and condignly censured according to the greatnesse of their faults and Acts of the Kirke and Realme Wee protest that none hereafter subscribe the Covenant formerly subscribed by the Commissioner his Grace in Councell as they will eschew the danger of a contradictorie Oath but that all everie one subscribe the Covenant renewed in Februarie last And that with this sense meaning and condition that they subscribe the same conforme to the determination and declaration of this Assemblie at Glasgow allanerly We protest that as we adhere till
for them to doe that yet it were the more tolerable if they did as they say but they doe make good what they say by telling the world what they meane by things Ecclesiasticall and their meaning they doe expresse in the very termes of the Jesuites for by Ecclesiasticall they meane as their practice sheweth any thing which is in ordine ad Ecclesiastica nay more in ordine ad Spiritualia whatsoever may bee thought conducible to the good of the Church or to any spirituall good and yet more vastly to the glorie of God by which latitude of the word Ecclesiasticall We would know what they have left without the compasse of their cognisance Just nothing For in this sense they may set the price on victuals they may censure the actions of all men in what kind soever because Saint Paul biddeth us Whether we eate or drinke or whatsoever we doe doe it all to the glory of God And truly from this false and Jesuiticall interpretation of this word Ecclesiasticall have issued most of all their acts of sedition and rebellion They have provided armes for Our subjects they first blocked up all Our Forts Castles and since have taken them stopped Our Officers from carrying victualls or ammunition into them they have raised Forts taxed Our subjects levied souldiers against Us not onely turned Us out of the possession of Our Castles but so farre as in them lies defeated Our title to them by declaring that they are not Our Castles but the Kingdomes they have incroached upon the undoubted bounds and markes of Our Soveraigntie by sending warrants to Our Sheriffes for chusing Commissioners for the Shires for the next Parliament they have discharged Our own Printer for printing any thing which concerneth these troubles or may make against them though commanded by Us and by Our Councell so that if We have any thing to print there We must first be a suiter to Jhonston their Clerke for his hand to it else it cannot passe they have injoyned or at least suffered the Preachers of their owne side to pray and preach most bitterly against Us and Our authoritie those Preachers who continued in their loyaltie towards Us they have most unjustly against Our lawes deprived of their Benefices and most unmercifully and unchristianlike exposed them to miserie and beggerie they have most contemptuously and rebelliously used Our Councellours and Judges When they are asked why they doe these things and by what authoritie they doe them To the first they answer onely That they doe them for the good of the Church and the glorie of God that Religion may bee preserved the honour of God maintained and his glorie increased Who would thinke that there should bee men found in the world who call themselves after the name of Christ and invocate the name of God and yet dare profane and abuse the names of Religion God and his glorie and to intitle those glorious names to such lewd actions of treason and rebellion as can proceed from none but the Devill To the second By what authoritie they doe these things which are expresly against the Acts of Parliament Acts of Councell and Acts of generall Assemblies They answer that these Acts of Assembly were unduely obtained and that now they have rescinded them For Acts of Parliament and Acts of Councell they expresse great wonder and admiration that any man should question their authoritie over them For that question they use to answer with another of their owne viz. Whether any man doth hold Christ or Us to be supreme and being answered that Christ is supreme then they conclude That they being his Councell must likewise be supreme That the Parliament is but the Councell of the Kingdome That Our Privie Councellours and Judges are but the Councell and Judges of the King but that they themselves are the immediate and independent Councellours of and Judges under Christ who is the King of all kings and kingdomes and that therefore in all causes which they conceive to concerne Christ and his Kingdome which is his Church they are supreme and independent above Us Our Parliament Our Councell Our Judges And that if Our Councellours or Judges doe not obey their commandements they will proceed to the sentence of Excommunication against them and by the same reason though as yet they have not said it they may proceed against Us with the same sentence for We acknowledge Christ to bee the supreme King as much as Our Councellours and Judges doe acknowledge him to be the supreme Lord and Judge These furious frensies have not been heard of in the world since the Anabaptists madnesse reigned in Germanie in Charles the fifth his time which was most strongly and vehemently opposed by the Protestant Princes who adhered to the Augustan confession and if Luther and Melancthon whom God used as the chiefe instruments in reforming the abuses of the Church of Rome had not shewed themselves in their Sermons Lectures in the Universities and publique writings which they published stout Champions against them and thereby had drawne all Protestants to detest and persecute them undoubtedly the Reformation of the Church falling out to bee about the same time when these Anabaptists raged most in their madnesse had laboured and suffered extremely under the scandall of their frensies in the opinion of all those who were attending and looking after the issue of that Reformation And yet these same fooleries and frensies are daily acted by these who call themselves Commissioners of the Table and presented to the Readers of their Pamphlets and Protestations with the titles of irrefragable undeniable convincing unquestionable Sun-shine truths and twenty more such false impudent epithets as one would wonder from whence they fetch the faces that can beare them out in saying so when the whole Christian World who shall read them upon the very first view or reading must discerne that there is not the least step or shadow of truth to be found in them We confesse We were amazed at and aggrieved with their horrible impudence expressed in their last Petition sent unto Us in which they did invocate the name of God calling him not onely as a witnesse but as an approver of their actions at their pretended assurance of Our justification of them all when they undoubtedly know that We doe abhorre and detest them all as rebellious and treasonable at their shamelesse asseveration of their confidence that their neighbour Churches will approve all their proceedings that they are affraid they should bee thought to have offended in nothing so much as in lenitie when they have proceeded to the deposition and excommunication of the Bishops and others their opposers which is the utmost of that power which ever any Church did yet challenge to it selfe and many more such audacious untruths which after We once heard read We resolved never to answer and now doe answer it onely thus That in the maine points of it there is not one true word To say nothing
his subjects is not only the Jesuiticall tenet but their very words and syllables and as they are alledged here very false for the greatest part of this confession conteyneth not matters of faith but of government discipline and ceremonies besides this confession was first injoyned by Our Royall Father and his Councell before it was approved by the Church how then Our Royall father if hee were now living should receive the meaning of it from the Church after hee had subscribed it and commaunded his houshould to doe so or we should now receive the meaning of it from the generall Assembly after it was subscribed by Our commaundement wee cannot apprehend * Nay the first should be preferred for if our Commissioner and Councell had explained it contrarie to Our meaning Our declaration comming after should be preferred to their misinterpretation Answer to the first reason * The last part of the first reason is quite omitted though in it lyeth the principall explicatiō of this first reason * How many of them have determined so they know that they are not cōparable in number to those who have determined the contrarie * Most false Answer to the second reason * Because in the XXI Article cited the word Ceremonie is used therefore they would inferre that this reason supposeth Episcopall government to be but a ceremonie But weakly for the reason consisteth in the word policie which they take no notice of and Episcopall government being a part of Ecclesiasticall policie they hold the one alterable as all they doe who adhere to that XXI article must needs hold the other so too nor can it be inferred from any thing in this reason that Episcopall government is mainteyned by it to be alterable but that they themselves and that XXI article doe hold it to be so * The Assembly desired it but did ever Our Royall Father doe so Answer to the third reason * We defie any man living to produce from any Jesuit or the greatest patron of equivocation yet ever heard of such a wicked position as this that the swearer is neither bound to the meaning of the exacter of the oath nor to his own meaning who takes the oath but to the realitie of the thing sworne as it shall be afterward explicated by the competent Judge For then no man can tell what he sweareth when he sweareth if the declaration of the competent Judge shall come after it were to be wished that he who set downe this proposition had set his hand to it that the world might take notice of him for an ignorant foole and an arrand knave In the meane time till Iohnston finde out another he must be taken for the man because his hand is at this foolish Pamphlet Answer to the fourth reason * This is directly contrary to the words of their owne protestation against Our Proclamation dated the ninth of September see their ninth Reason in that Protestation against the subscription to our Covenant and you shall finde it flatly contradictory to this which they affirme now * They doe not meddle with the Church of England but yet in all their Writings declare that the government of the Church of England is against the Word of God and the paterne shewed in the Mount and that their new fancied government conteined in their imaginarie books of discipline is onely according unto it Answer to the fifth reason * But it is most notorious that at those Parliaments which were holden when the confession of faith was first sworne unto Bishops had voyces and were present and so then Episcopall government could not be abjured for proofe whereof We refer the reader to the Parliament Roll inserted at the end of this answer * Let any kingdome which is acquainted with Parliaments consisting of a Monarche and his three estates digest this proposition and then the Parliament can be no more the highest Court of the Kingdome * A most false position As if the convocation in England or the generall Assembly in Scotland had power to reconcile the two kingdomes to the Church of Rome to reduce Poperie into them and to restore to the Church all the Abbey lands notwithstanding many Acts of Parliaments in both kingdomes to the contrary Conclusion Anent acts of Parliament * For the cavils here made against the Acts of Parliament cited in the explanation they will be sufficiently confuted if the reader will take the paines to reade the acts for then he shall easily discover that these exceptions are not only weak but none at all Answer to the acts 1567. Anent the sixth act 1567 Anent the Kings oath Anent the acts 1572. 1573. Anent the acts 1578. 1579 Anent the act 1581. Anent the act 1584. and the third Estate of Parliament Anent the act 1587. Anent the act 1592. Anent the acts 1597. Anent the act 1606. Anent the act 1609. Anent the act 1617. Conclusion * False for there was not after Our Commissioners leaving of the Assemblie any one Commissioner from any Universitie of that Kingdome which did not desert it * False * More false then the other if it were possible * False and sufficiently before disproved * It is a wonder that men can be found who dare averre such an untruth when the Proclamation at Glasgow is subscribed by the hands of our Councellours let the Reader turne back to it and be judge Anent our Protestation Anent our watching the Castle of Edinburgh * They confesse it within eight lines after this * True but We and Our Councell and Our Judges and the rest of Our loyall subjects are the publike mutiners and rebels are but a private and schismaticall part though never so many * But not without or against the Kings command his Generall much lesse any Lievtenant of his cannot do that * All this which followeth concerning the guarding of Our Castles and Forts and keeping Us out of them containeth no lesse then treason and is not to be answered with a pen. * Which the Covenanters are not * Whether should the King or his subjects keep the keyes of his owne Kingdome * But the Covenanters are the worst part * Wee do not take them to be such fooles as to expect thanks from Us for their proceedings if they do they are like enough to go without them * The worst and most disloyall part of all Our subjects * In what historie be these words is it not Regi as well as conventui ordinum or can there bee a convention of the three Estates called without the King or his Authoritie Anent our meeting and alledged Councell Tables * Many letters have been sent down from Commissioners of Shires then resident at Edinburgh to them living in the Countrie requiring them to doe such things as they would answer the contrary to the Table †But was ever that previous meeting or contention of the Estates without the calling and authoritie of the King * Most false Anent some members of the Assembly alledged to be under censure * Who have made the Covenanters Judges of the lawfulnesse either of the judicatorie or the cause especially
that so accordingly Our Commissioner might receive Instructions from Us for giving unto them all just satisfaction And so We having here taken into Our serious consideration all their Petitions which We might have justly rejected because of the insolencie of their demeanour and their tumultuous way of presenting them to Our Councell yet resolved to take the mildest course We could for calming of these commotions and therefore We settled upon a way usually practised by Our Royall Father in that Kingdome since his comming to the Crowne of England viz. to establish an High Commissioner with full power and authoritie to conclude and determine all such things as should be found for the good quietnesse and peace of that Kingdome with as full and ample power as other Commissioners had exercised in any time of Our Royall Father and especially at Parliaments And considering that none in the consultations which We held for this businesse had ever shewed himselfe more forward and inclinable to advices and counsels of peace nor a more zealous Patriot towards his native countrey then Our right trustie and well-beloved Cousin and Councellour of both Kingdomes James Marquesse of Hamiltoun c. Gentleman of Our Bedchamber and Master of Our Horse We made choice of him for Our High Commissioner to that purpose being perswaded both of his loyaltie and fidelitie towards Us as also of the great acceptation of his person with Our subjects there in regard of his birth and place but especially of his singular care of and love to his countrey which they themselves did know he had so piously and affectionately expressed in all his consultations and counsels here with Us Him therefore We dispatched from hence with full Instructions according to which he was to receive his Commission under Our great Seale of that Kingdome at his comming thither which he received and presented to the Lords of Our Councell frequently assembled at Dalkeith the sixt of June following the true tenour of which Commission here followeth CAROLUS Dei gratiâ Magnae Britanniae Franciae Hiberniae Rex fideique Defensor Omnibus probis hominibus suis ad quos praesentes literae pervenerint Salutem Sciatis nos considerantes magnos in hoc regno nostro Scotiae non ita pridem exortos tumultus ad quos quidem componendos multiplices regiae nostrae voluntatis declarationes promulgavimus quae tamen minorem spe nostrâ effectum hactenus sortitae sunt Et nunc statuentes ex pio erga dictum antiquum regnum nostrum affectum ut omnia gratiosè stabiliantur instaurentur quod per absentiam nostram non aliâ ratione commodius effici potest quà m fideli aliquo Delegato constituto cui potestatem credere possumus tumultus ejusmodi consopiendi aliaque officia praestandi quae in bonum commodum dicti antiqui regni nostri eidem Delegato nostro imperare nobis videbitur Cumque satis compertum habeamus obsequium diligentiam fidem praedilecti nostri consanguinei consiliarii Jacobi Marchionis Hamiltonii Comitis Arraniae Cantabrigiae Domini Aven Innerdail c. eundemque ad imperata nostra exequenda sufficientèr instructum esse Idcircò fecisse constituisse tenoreque praesentium facere constituere praefatum praedilectum nostrum consanguineum consiliarium Jacobum Marchionem de Hamiltoun c. nostrum Commissionarium ad effectum subscriptum Cum potestate dicto Jacobo Marchioni de Hamiltoun c. dictum regnum nostrum adeundi ibidemque praefatos tumultus in dicto regno componendi aliaque officia à nobis eidem committenda in dicti regni nostri bonum commodum ibi praestandi Eoque Concilium nostrum quibus locis temporibus ei visum fuerit convocandi ac rationem ordinem in praemissis exequendis servandum declarandi praescribendi Et quaecunque alia ad commissionis hujus capita pro commissa ipsi fide exequenda eandemque ad absolutum finem perducendam prosequendam conferre possunt tam in Concilio quà m extra Concilium nostro nomine efficiendi praestandi Idque similiter adeò liberè acsi Nos in sacrosancta nostra persona ibidem adessemus Et hac praesenti nostrâ commissione durante nostro beneplacito duratura ac semper donec eadem per nos expressè inhibeatur In cujus rei testimonium praesentibus magnum sigillum nostrum apponi praecepimus Apud castrum nostrum de VVindsore vigesimo die mensis Maii anno Domini millesimo sexcentesimo trigesimo octavo Et anno regni nostri decimo quarto Per signaturam manu S. D. N. Regis suprascriptam On which day the whole body of Our Councell with all respectfull and dutifull expressions of joy and thankfulnesse of Our fatherly care of that Our Kingdome in these difficult times acknowledged and received Our said Commission and Commissioner And Our said Cousen and Councellor the Lord Marquesse of Hamiltoun did with all submissive reverence then and there accept the said Commission promising the uttermost of his endevours for settling the peace of that Kingdome so farre as might consist with Our royall Crowne and Dignity and the Lawes and Liberties of that Our ancient and native Kingdome as by the Act of Councell dated at Dalkeith the sixt of June 1638. doth more fully appeare After which acceptation of our Commission the said Lord Marquesse had by Our Councell and all others whensoever he went abroad all respects honour and reverence due to Our Commissioner performed unto him Our Chancellor carrying Our great Seale before him and some other Noblemen of great place and qualitie carrying Our High Commission before him likewise We having now taken this course which We conceived most agreeable both to the customes of that Kingdom and most acceptable to them in regard of the choyce of Our Commissioner had then assured hopes that the dangerous distractions of that Kingdome might be happily composed But these hopes were quickly blasted for no sooner had the heads of the Covenant notice of these peaceable courses intended by Us but they flew out even before our Commissioners arriving there into farre greater violence then heretofore increased the frequent meetings of their Tables subdivided them into severall Committees increased their provision of Armes made their Pulpits ring with most seditious Sermons putting the people in feare that now there was more danger to be expected from the Lord Marquesse his comming home and all peaceable treaties then ever and at their Tables concluded upon a paper consisting of ten Propositions or Articles which they caused immediately before our Commissioners arrivall with wonderfull expedition to bee dispersed throughout all the Shires of that Kingdome which ten Articles according to the true copie We have caused to be here inserted FIrst for observing union it is thought fit that no answer be made to any of the Statesmen or others having Commission from the King concerning the publike businesse but with common consent and advice
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