much lesse to write a booke against a brother 2. Against the order prescribed by the Apostle not to rebuke an Elder but to intreat him as a father and by the Act of Parl. Jam. 6 par 8. discharging all persons to impugne or to procure the diminution of the authority and power of the three estates or any of them 3. Against all lawfull and formall proceeding specially that prescribed by Act of Generall Assembly at Perth Martij 1. 1596. whereby it is ordained that all summons containe the speciall cause and crime which the said Libell doth not nameing onely generall calumnies reproaches and aspersions without instruction of any particular but leaving these to be filled up by malitious delation after they have defamed their brethren by publishing this Libell as appeares by the 8. and 11. articles of the said instructions And against the order prescribed by the Assembly at Saint Andrewes April 24. 1582. whereby it is enacted that in processe of deprivation of Ministers there be a libelled precept upon fourty dayes warning being within the Realme and threescore dayes being without the Realme to be directed by the Kirk and such Commissioners thereof as elects and admits the person complained of summoning them to compeare and answere upon the complaint And in case of their absence at the first summons the second to be directed upon the like warning with certification if he faile the Libell shall be admitted to probation and he shall be holden pro confesso Which forme not being kept in a summons inferring the punishment of deprivation the same cannot be sustained by the order of that Assembly 4. Against common equity which admits summons only by the authority of that judge before whom the delinquent is to compeare Whereby the summons directed by the authority of these pretended Presbyteries cannot sustaine for compearance before the Generall Assembly nor could reference be made from the Presbytery to the Generall Assembly the parties never being summoned to compeare before the Presbytery whereby either in presence of the party or in case of contumacy the complaint might be referred to the Assembly That there was no citation before the reference is cleare by the said instructions And what a strange and odious forme it is to insert such a Calumnious Libell in the Presbytery-books without citing of the parties to answere thereto and to cite Bishops before the Generall Assembly by the said Libell by publishing the same at Churches to which they had no relation and were many miles distant we leave it to the judgement of indifferent men 5. Against all decency and respect due to men of their place the said persons being men of dignity and some of them of his Majesties most honourable privie Councell and knowen to be of blamelesse conversation and to have deserved well thus to be reviled and traduced doth redound to the reproach of Church and State and of the Gospell whereof they are preachers 6. Lastly to omit many other informalities against their owne consciences which we charge in the sight of God as they must answere before his great and fearefull tribunall if they suspect and know not perfectly according to the judgement of charity them whō they thus accuse to be free of these crimes wherewith they charge them at least of many of them as appeares evidently by the 11 article of the said instructions having therein libelled the generall and have yet to seeke the specification thereof from the malice of their neighbours if so be they can furnish it By which informall and malitious proceeding it is most apparent that our said parties do seek our disgrace and overthrow most malitiously and illegally And therefore we call heaven and earth to witnesse if this be not a barbarous and violent persecution that all circumstances being considered hath few or none to parallell it since the beginning of Christianity and if we have not just cause to decline the said pretended Commissioners as our party Moreover can these men expect but in a lawfull Assembly they were to be called and censured for their enorme transgressions foresaid And will any man thinke that they can be judges in their owne cause It is alledged out of the Canon-law against the Pope that if the Pope be at variance with any man he ought not to be judge himselfe but to chuse arbitrators And this may militate against them except they be more unruly then Popes Ludovicus Bavarus and all the Estates of Germanie with him did plead this nullity against the sentence and proceeding of Pope Iohn 22. and of his Councell And the Archbishop of Cullen 1546. did plead the nullity of Paul 3. his Bull of excommunication because he protested that so soone as a lawfull Councell should be opened he would implead the Pope as party being guilty of many things censurable by the Councell But the late Protestation doth show the authors thereof to be no lesse injurious to our place and authority then they are over weening of their owne For it is against reason and practise of the Christian Church that no Primate Archbishop nor Bishop have place nor voyce deliberative or decisive in Generall Assemblies except they be authorized and elected by their Presbyteriall meetings consisting of preaching and ruling Elders as they call them and without warrant or example in the Primitive and purest times of the Church This also doth inferre the nullitie of an Assembly if the Moderator and President for matters of doctrine and discipline shall be neither the Primate Archbishop nor Bishop but he who by plurality of Presbyters and lay-mens voyces shall be elected which happily may be one of the inferiour Clergie or a lay-person as sometimes it hath fallen out Whereas Canonically according to the ancient practise of the Church the Primate should preside according to the constitution of the first Councell of Nice Can. 6. of Antioch Can. 9. and of the Imperiall Law Novell constitut 123. cap. 10. and according to our owne Law For what place in Assemblies Archbishops and Bishops had in other Christian nations the same they had no doubt in Scotland and yet still doe retaine except by some Municipall law it hath bin restrained which cannot be showne For the restraint of their authority by the Act of Parl. 1592. is restored by the Act of Parl. 1606. and 1609. and all acts prejudiciall to their jurisdiction abrogated Neither doth that Act 1592. establishing Generall Assemblies debarre Bishops from presiding therein nor the abrogation of their Commission granted to them by Act of Parl. in Ecclesiasticall causes imply and inferre the abrogation of that authority which they received not from the Parl. but from Christ from whom they received the spirituall oversight of the Clergie under their charge whereto belongeth the Presidentship in all Assemblies for matters spirituall alwaies with due submission to the Supreame Governour which is so intrinsecally inherent in them as they are Bishops that huc ipso that they are Bishops they are
Presidents of all Assemblies of the Clergie as the Chancellor of the Kingdome hath place in Councell and Session not by any Act or Statute but hoc ipso that he is Chancellor By Act of Parl. Bishops are declared to have their right in Synods and other inferiour meetings but by no law restrained nor debarred from the exercise of it in Nationall Assemblies and the law allowing Bishops to be Moderators of the Synods doth present a list in absence of the Metropolitan to whom of right this place doth belong as said is out of which the Moderator of the Generall Assembly shall be chosen For is it not more agreeable to reason order and decencie that out of Moderators of Synods a Moderator of the Generall Assembly should be chosen then of the inferiour Clergie subject to them As concerning that Act of the Generall Assembly 1580. whereby Bishops are declared to have no warrant out of Scripture if corruption of time shall be regarded the authority of that Assembly might be neglected no lesse then that at Glosgow 1610. But it is ordinary that prior acts of Assemblies and Parliaments give place to the posterior for Posteriora derogant prioribus And there past not full six yeares when a Generall Assembly at Edinburgh found that the name of Bishops hath a speciall charge and function annexed to it by the word of God and that it was lawfull for the Generall Assembly to admit a Bishop to a benefice presented by the Kings Majesty with power to admit visite and deprive Ministers and to be Moderators of the Presbyteries where they are resident and subject onely to the sentence of the Generall Assembly As for that Act at Montrose let them answer to it that have their calling by that Commission We professe that we have a lawfull calling by the election of the Clergie who are of the Chapter of our Cathedralls and consecration of Bishops by his Majesties consent and approbation according to the laudable Lawes and auncient Custome of this Kingdome and of the Church in auncient times and do homage to our Soveraigne Lord for our Temporalities and acknowledge him solo Deo minorem next unto God in all causes and over all persons Spirituall or Temporall in his owne Dominions supreame Gouernour But now we may take up Cyprian his complaint Lib. 3. Ep. 14. Quod non periculum metuere debemus de offensâ Domini quando aliqui de Presbyteris nec Evangelij nec loci sui memores sed neque futurum Dei judicium neque praepositum sibi Episcopum cogitantes quod nunquam omnino sub antecessoribus factum est cum contumelia contemptâ praepositi totum sibi vendicent Atque utinam non prostratâ fratrum nostrorum salute sibi omnia vendicarent Contumelias Episcopatûs nostri dissimulare ferre possem sicut dissimulavt semper pertuli sed dissimulandi nunc locus non est quando decipiatur fraternitas nostra à quibusdam vestrum qui dùm sine ratione restituendae salutis plausibiles esse cupiunt magis lapsis obsunt Lastly it is most manifest by the premisses how absurd it is and contrary to all reason and practise of the Christian Church that Archbishops and Bishops shall be judged by Presbyters and more absurd that they should be judged by a mixt meeting of Presbyters and Laicks conveening without lawfull authority of the Church How and by whom they are to be judged according to the custome of auncient times may be seene by the Counsell of Chalcedon Can. 9. and Concil Milevit Can. 22. and Concil Carthag 2. Can. 10. Nor do we decline the lawfull tryall of any competent judicatory in the Kingdome especially of a Generall Assembly lawfully constitute or of his Majesties high Commissioner for any thing in life or doctrine can be laid to our charge onely we declare and affirme that it is against order decency and Scripture that we should be judged by Presbyters or by Laicks without authority and Commission from Soveraign authority For the reasons foresaid and many moe and for discharge of our duty to God to his Church and to our Sacred Soveraigne lest by our silence we betray the Churche's right his Majesties authority and our owne consciences We for our selves and in name of the Church of Scotland are forced to protest that this Assembly be reputed and holden null in Law Divine and humaine and that no Church-man be holden to appeare before assist or approve it and therefore that no letter petition subscription interlocutor certification admonition or other act whatsoever proceeding from the said Assembly or any member thereof be any wise prejudiciall to the Religion and Confession of Faith by Act of Parliament established or to the Church or any member thereof or to the jurisdiction liberties priviledges rents benefices and possessions of the same acts of Generall Assemblie of Councell and Parliament in favours thereof or to the three estates of the Kingdome or any of them or to us or any of us in our persons or estates authority jurisdiction dignity rents benefices reputation and good name but on the contrary that all such acts and deeds above mentioned and every one of them are and shall be reputed and esteemed unjust illegall and null in themselves with all that hath followed or may follow thereupon And forasmuch as the said Assemby doth intend as we are informed to call in question discusse and condemne things not onely in themselves lawfull and warrantable but also defined and determined by Acts of Generall Assembly and Parliaments and in practise accordingly to the disgrace and prejudice of reformed Religion authority of the Lawes and Liberties of the Church and Kingdome weakning his Majesties authority disgracing the profession and practise which he holdeth in the Communion of the Church where he liveth and branding of Reformed Churches with the foule aspersions of Idolatry and superstition we protest before God and man that what shall be done in this kinde may not redound to the disgrace or disadvantage of Reformed Religion nor be reputed a deed of the Church of Scotland We protest that we imbrace and hold that the Religion presently professed in the Church of Scotland according to the Confession thereof received by the estates of this Kingdome and ratified in Parliament the yeere 1567. is the true Religion bringing men to eternall Salvation and do detest all contrary errour We protest that Episcopall governement in the Church is lawfull and necessary and that the same is not opposed and impugned for any defect or fault either in the Government or Governours but by the malice and craft of the Devill envying the successe of that governement in this Church these many yeeres by past most evident in planting of Churches with able and learned Ministers recovering of the Church rents helping of the Ministers stipends preventing of these jarres betwixt the King and the Church which in former times dangerously infested the same keeping the people in peace and
THE DECLINATOR AND PROTESTATION OF THE Archbishops and Bishops of the Church of SCOTLAND and others their adherents within that Kingdome Against the pretended generall Assembly bolden at Glasgow Novemb. 21. 1638. LONDON Printed by JOHN RAVVORTH for GEORGE THOMASON and OCTAVIAN PULLEN and are to be sold ar their shop at the Rose in S. Pauls Churchyard 1639. It is his Majesties pleasure that this be printed for the which this shall be your warrant Hamilton WEE Archbishops Bishops and other Under-subscribers for our selves and in name and behalfe of the Church of Scotland whereas it hath pleased the Kings Majesty to indict a Generall Assembly of the Church to be kept at Glasgow Novemb. 21. 1638. for composing and setling of the distractions of the same First doe acknowledge and professe that a Generall Assembly lawfully called and orderly conveened is a most necessary and effectuall meane for removing those evills wherewith the said Church is infested and for setling that order which becometh the house of God and that we wish nothing more then a meeting of a peaceable and orderly Assembly to that effect Secondly we acknowledge and professe as becometh good Christians and faithfull subjects that his Majesty hath authority by his prerogative Royall to call Assemblies as is acknowledged by the Assembly at Glasgow 1610. and Parliament 1612. and that it is not lawfull to conveene without his Royall consent and approbation except we will put our selves in danger to be called in question for sedition Yet neverthelesse in sundry respects we cannot but esteeme this meeting at Glasgow most unlawfull and disorderly and their proceedings voyd and null in law for the causes and reasons following First before his Majesties Royall warrant to my Lord Cōmissioner his Grace to indict a lawfull free Generall Assembly the usurped authority of the Table as they call it by their missives and instructions did give order and direction for all Presbyteries to elect and chuse their Commissioners for the Assembly and for seeking of Gods blessing to it to keepe a solemne fast Sept. 16. whereas his Majesties warrant for indicting of that Assembly was not published till the 22. of that moneth so that they preventing and not proceeding by warrant of Royall authority the pretended Cōmissioners being chosen before the Presbyteries were authorized to make election cannot be reputed members of a lawfull Assembly A lawfull Assembly must not only be indicted by lawfull authority as we acknowledge this to be but also constituted of such members as are requisite to make up such a body For if according to the indiction none at all doe conveene or where the Clergie is called there meet none but Laicks or moe Laicks then of the Clergie with equall power to judge and determine or such of the Laicks and Clergie as are not lawfully authorized or are not capable of that employment by their places or such as are legally disabled to sit and decide in an Assembly of the Church a meeting consisting of such members cannot be thought a free and lawfull Assembly by that Act of Parl. Ja. 6. par 3. cap. 46. 1572. Every Minister who shall pretend to be a Minister of Gods Word and Sacraments is bound to give his assent and subscription to the Articles of Religion contained in the Acts of our Soveraign Lords Parliament and in presence of the Arch-bishop Superintendent or Commissioner of the Province give his oath for acknowledging and recognoscing of our Soveraigne Lord and his authority and bring ae testimoniall in writing therupon and openly upon some Sunday in time of Sermon or publick prayers in the Kirk where he ought to attend reade both the testimoniall and Confession and of new make the said oath within a moneth after his admission under the paine that every person that shall not do as is above-appointed shall ipso facto be deprived and all his Ecclesiasticall promotions and living shall be then vacant as if he were then naturally dead and that all inferiour persons under Prelates be called before the Archbishops Bishops Superintendents and Commissioners of the dioeeses or province within which they dwell as the Act beares All of the Clergie conveened to this Assembly pretend themselves to be Ministers of Gods word and Sacraments and have benefices or other Ecclesiasticall livings yet neverthelesse the most part of them have never in presence of the Archbishop Bishop Superintendent or Cōmissioner of the Diocese or Province subscribed the Articles of Religion contained in the Acts of Parliament and given their oath for acknowledging and recognoscing our Soveraigne Lord and his authority and brought a testimoniall thereof and therefore they are ipso facto deprived and their places voyd as if they were naturally dead and consequently having no place nor function in the Church cannot be Comissioners to this Assembly hoc maximè attento that the said persons not only have never given their oath for acknowledging his Majesties authority nor can show no testimoniall thereupon as they are bound by the said Act but also having as subjects comprehended in the representative body of this Kingdome Promised to acknowledge obey maintaine defend and advance the life honour safety dignity soveraigne authority and prerogative Royall of his soveraigne Majesty his heires and Successors and priviledges of his Highnesse Crown with their lives lands and goods to the uttermost of their power constantly and faithfully to withstand all and whatsoever persons powers and estates who shall presume prease or intend any wise to impugne prejudge hurt or impaire the same and never to come in the contrary thereof directly or indirectly in any time coming As the Acts of Parliament Jac. 6. Parl. 18. Cap. 1. Car. Parl. Cap. 1. doth proport And moreover being obliged at their admission to give their oath for performance of this duty of their alledgeance And to testify and declare on their conscience that the King is the Lawfull Supreame Governor as well in matters spirituall and Ecclesiasticall as temporall and to assist and defond all Jurisdiction and authority belonging to his Majesty by the act of Parl. 1612. yet notwithstanding of the said bands acts and promises whereby the said persons are so strictly bound to the performance of the premisses his Majesty having ordained by act of Councell at Haly-rude-house Sept. 24. 1638. and proclamations following thereupon that all his Majesties Liedges of whatsoever estate degree or quality Ecclesiasticall or Temporall should sweare and subscribe the said confession together with a generall band for defending his Majesties person and authority against all enemies within this Realme or without have not onely refused to subscribe the said band and Confession but have in their Sermons and other speeches disswaded deterred impeded and hindered others of the liedges to subscribe the same and publikly protested against the subscription thereof and thereupon cannot conveene nor concurre Lawfully to the making up of the body of an assemby of the Kirk as being deprived and denuded of
all place and function in the same A generall Assembly was condescended to out of his Majesties gracious clemencie and pious disposition as a Royall favour to those that so should acknowledge the same and acquiesce to his gracious pleasure and carry themselves peaceably as loyall and dutifull subjects which the Comissioners directed to this Assembly supposed to be of the number of those that adhere to the last protestation made at Edinburgh Sept. 1638. do not so account of and accept as appeares by the said protestation whereby they protest that it shall be lawfull for them as at other times so at this to assemble themselves notwithstanding any impediment or prorogation to the contrary as also by continuing their meetings and Table discharged by authority refusing to subscribe the band according to his Majesties and Councells command for maintaining his Majesties Royall person and authority protesting against the same still insisting with the liedges to subscribe the band of mutuall defence against all persons whatsoever and remitting nothing of their former proceedings whereby his Majesties wrath was provoked thereby they are become in the same state and condition wherein they were before his Majesties proclamation and pardon and so forfaite the favour of this Assembly and liberty to be members thereof And others of his Majesties subjects may justly feare to meet with them in this convention for that by the Act of Parl. Jam. 6. par 15. cap. 31. Prelacies being declared to be one of the three estates of this kingdome and by the Act of Parl. Ja. 6. par 8. cap. 130. All persons are discharged to impugne the dignity and authority of the three estates or any of them in time coming under the paine of treason And whereas the King by his proclamation declares Archbishops and Bishops to have voyce in the Generall Assembly and calls them to the same for that effect as constantly they have bin in use in all Assemblies where they were present as appeares by many acts of the Generall Assembly ordaining them to keepe and assist at the same as in the Assembly at Edinburgh Decemb. 15. 1566. At Edinburgh 6. March 1572. At Edinburgh May 10. 1586. and by a letter written by the Assembly March 6. 1573. to the Regent earnestly desiring his owne or his Commissioners presence and the Lords of Councell and the Bishops at the Assembly They notwithstanding by the said protestation Sept. 22. declared Archbishops and Bishops to have no warrant for their office in this Kirk to be authorized with no lawfull Commission and to have no place nor voyce in this Assembly and withall doe arrogate to their meetings a soveraigne authority to determine of all questions and doubts that can arise contrary to the freedome of the Assembly whether in constitution and members or in the matters to be treated or in manner and order of proceeding which how it doth stand with his Majesties Supremacie in all causes and over all persons we leave it to that judgement whereunto it belongeth and doe call God and man to witnesse if these be fit members of an Assembly intended for the order and peace of the Church Giving and not granting that the persons foresaid directed Commissioners in name of the Clergie to this meeting were capable of that authority and that the said Presbyteries had the authority to direct Commissioners to the Generall Assembly yet have they now lost and fallen from all such right if any they had in so farre as they have deposed the Moderators who were lawfully appointed to governe them by the Bishops in their Synods and elected others in their place contrary to the Act of the Assembly at Glasgow 1610. and Act of Parl. 1612. ordaining Bishops to be Moderators at these meetings and in their absence the Minister whom the Bishop should appoint at the Synode So these meetings having disclaimed the authority of Bishops deposed their lawfull Moderators and chusing others without authority cannot be esteemed lawfull convocations that can have lawfull power of sending out Commissioners with authority to judge of the affaires of this Church And yet doth the nullity of the Commissions flowing from such meetings further appeare in this that they have associate to themselves a laick ruling Elder as they call them out of every Session and Parish who being ordinarily the lord of the Parish or the man of the greatest authority in the bounds doth over-rule in the election of the said Cōmissioners both by his authority and their number being moe then the Ministers whereof some being ordinarily absent and five or six or so many of them put in list and removed there remaine but a few Ministers to voice to the election and in effect the Commissioners for the Clergie are chosen by lay-men contrary to all order decencie and custome observed in the Christian world no wise according to the custome of this Church which they pretend to follow the Presbyteries formerly never associating to themselves lay-elders in the election of the Commissioners to the Generall Assembly but onely for their assistance in discipline and correction of manners calling for them at such occasions as they stood in need of their Godly Concurrence declaring otherwise their meeting not necessary and providing expressely that they should not be equall but fewer in number then the Pastors as by Act of Assembly at Saint Andrewes April 24. 1582. where Master Andrew Melvill was Moderator doth appeare Like as these fourty yeares by gone and upwards long before the re-establishing of Bishops these lay-elders have not bin called at all to Presbyteries And by the Act at Dundie 1597. whereby it is pretended that Presbyteries have authority to send these lay-Commissioners it doth no wise appeare that those lay-elders had any hand in chusing of the Ministers And this is the onely act of the Assembly authorizing Presbyteries to chuse Commissioners to the Generall Assembly nor have lay-elders sate ordinarily in Presbyteries upon any occasion these fourty yeeres and upwards nor ever had any place nor voyce in the election of Ministers for the Generall Assembly and consequently these chosen by them to this Assembly have no lawfull power nor authority Beside the persons Ecclesiasticall pretended to be authorized Cōmissioners to this Assembly have so behaved themselves that justly they may be thought unworthy and uncapable of Commission to a sree and lawfull Assembly 1. For that by their seditious and railing Sermons and Pamphlets they have wounded the Kings honour and soveraigne authority and animated his liedges to rebellion averring that all authority soveraigne is Orignally in the Collective body derived from thence to the Prince and that not onely in case of negligence it is Suppletivè in the Collective body as being cummunicate from the Commontie to the King Cumulativè not Privativè but also in case of mal-administration to returne to the Collective body so that Rex excidit jure suo and that they may refuse obedience 2. Next they are knowne to be
such as have either beene schismatically refractary and opposite to good order setled in the Church and State or such as having promised subscribed and sworne obedience to their Ordinarie have never made conscience of their oath or such as have sworne and accordingly practised yet contrary to their promise and practise have resiled to the contempt of authority and disturbance of the Church or such as are under the Censures of the Church of Ireland for their disobedience to order or under the Censures of this Church or conveened at least deserving to be conveened before the Ordinaries or a lawfull Generall Assembly for diverse transgressions deserving deprivation as first for uttering in their Sermons rash and irreverent speeches in pulpit against his Majesties Councell and their proceedings punishable by deprivation by the Act of Assembly at Edinburgh May 22. 1590. Next for reproving his Majesties Laws Statutes and Ordinances contrary to the Act of Assembly at Perth Maij 1. 1596. Thirdly for expressing of mens names in Pulpit or describing them vively to their reproach where there was no notorious fault against another Act of the same Assembly Fourthly for using Applications in their Sermons not tending to the edification of their present Auditory contrary to another Act of the same Assembly Fiftly for keeping conventions not allowed by his Majestie without his knowledge and consent contrary to another Act of the same Assembly Sixtly for receiving of people of other Ministers flocks to the Communion contrary to order Acts of Assemblies and Counsels Seventhly for intruding themselves into other mens Pulpits without calling or authority Eightly for usurping the authority to covent their Brethren and proceed against them to the Censures of suspension and deprivation Ninthly for pressing the people to subscribe a Covenant not allowed by authority and opposing and withstanding the subscribing of a Covenant offered by his Majestie and allowed by the Counsell Beside many personall faults and enormities whereof many of them are guiltie which in charitie we forbeare to expresse But hereby it doth appeare how unfit these persons are to be members of a free and lawfull Assembly Nor doth it stand with Reason Scripture or practise of the Christian Church that Lay-men should be authorized to have decisive voyce in a Generall Assembly In that Act of Dundie 1597. whereby these Elders pretend to have this place there is no Warrant expressed for them to deliberate and determine Their presence and assistance wee approve being allowed and authorized by the Prince The Kings Majesties presence in person or by his Delegates wee hold most necessary to see all things orderly and peaceably done and that he have the chiefe hand in all Deliberations and Determinations Nor doe wee refuse that any Intelligent or moderate man may make remonstrance of his opinion with the reasons of it in that way that becommeth him in a Nationall Assembly due reverence being kept and confusion avoyded But that any Lay-man except hee bee delegate by Soveraigne Authoritie shall presume to have a definitive and decisive voyce we esteeme it to bee intrusion upon the Pastorall Charge and without warrant May wee not therefore intreat my Lord Commissioner his Grace in the words of the Fathers of the Fourth Generall Councell at Chalcedon Mitte for as superstuos Nor will a pious Prince be offended with it but with Theodosius the younger will say Illegitimum est eum qui non sit in ordine Sanctissimorum Episcoporum Ecclesiasticis immisceri tractatibus And Pulcheria the Empresse commanded Strategus Vt Clerici Monachi Laici vi repellerentur 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 propabilities 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 Councell of Trent valide and their not compearing justifiable because Pope Leo 10. had precondemned Luther as appeared by his Bull dated 8. Iuni 1520 renewed by Paul 3. dated in August 1535. This was the cause why Athanasius would not give his appearance at some Councells 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 governement and condemned at least suspended obedience to the Acts of the Generall Assembly and Parliament concerning the five Articles of Perth have approven their Covenant as most necessary 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 equity can these pretended Commissioners be 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 we 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 bear have they not simul semel ipso facto declared themselves to be partie against Bishops Whom they have not onely declined but persecuted by their calumnies and reproaches vented by word and writt 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 own authority indicted and kept Fasts not onely in their own Churches but where worthy men refused to be accessory 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 be read that unlawfull Covenant by threatning and menacing compelling some otherwise unwilling out of just fear to set their hands to it by processing suspending removing obedient and worthy Ministers from their places by the usurped authority of their Table and Presbyteries And whereas by all Law and justice persons finding themselves wronged in judgement have never beene denyed the remedy of declinatory and appellation neverthelesse not a few of these Presbyteries have proceeded against sundry worthy Ministers who have declined and appealed from their judgements without respect to this defence by these meanes
craftily intending to disable them to be Commissioners for the Church directly or indirectly causing their stipends to be kept backe 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 wherof was never used nor in the like manner against the most haynous malefactors in the kingdome they have devised forged vented and published a most infamous scurrile libell full of impudent lies and malitious calumnies against the Arch 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 be witnesse of the illegality and malitiousnesse 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 Prelates 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 Assembly in their own 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 Assembly 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 contain 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 mean time may gather any other particulars against the Assembly to which this Complaint is to be referred IIII. That the Presbyterie finding the Complaint important and the Generall Assembly so approaching referre the same to the Generall Assembly by an Act of this reference insert in the Books of the Presbyterie V. That upon this reference of the Complaint to the Assembly the Presbytery admonish the Complainers apud acta to be present at the said Assembly for assisting and verifying of the said Complaint VI. That the Presbyterie ordain all their Pastors out of Pulpit on a Sabbath-day before Noone to cause reade publickly this whole Complaint and the Presbyteries reference to the Assembly and so to admonish the Bishop of that Diocese the delinquent complained upon with the rest of his Collegues to be present at the Generall Assembly 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 Assembly 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 Assembly 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 Beadell to the Bishop of the Diooese a Copie thereof and a Copie of an Act referring the same to the Assembly and summon him to compeare before the Assembly And if he be within the Country and cannot be personally apprehended to affix a full Copie therof upon each dwelling place and upon the most patent doore of the Cathedrall Church and Episcopall seat VIII That thè 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 own Name and with Warrant and Power from the rest without failing attend the Assembly 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 Assembly or to admonish or cite the Bishop delinquent before the Assembly 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 Iustice procured without doubt by the Bishop of that Diocese delinquent complained of the equivalent of Law and Reason be a formall Citation 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 Assembly and cite the Bishop in manner above-expressed to compeare before the said Assembly XI Item Perhaps some Minister within the Presbyterie may think some Heads of this Complaint not to be relevant in his Opinion or know the Bishop not to be guilty of all the particular Heads contained therein yet he in Iustice cannot refuse to referre the triall of the Relevancie and Probation thereof to the Generall Assembly 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 Collegues 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 Assembly and so to admonish and cite the Ministers complained upon to compeare before the Generall Assembly for that end According to which articles upon Sunday Octob. 28. they caused read the said Libell in all the Churches of Edenburgh notwithstanding my Lord Commissioners command given to the Provest and Bailies to the contrary except in Haly-rude-house where it was read the next Sunday as it was in other Churches of the Kingdome proceeding herein 1. Against all charity which doth not behave it selfe unseemly nor delighteth in the discovery of mens nakednesse nor take up a reproach nor backbite with the tongue