them containing prelimitations and such as are repugnant not onely to that which they called the freedome but to that which is indeed the freedome of an Assembly Two of these papers were such as they were content should be communicated to all their associates viz. that larger paper sent abroad to all Presbyteries before or about the time of Our indiction of the Assembly and that lesser paper for their meeting first at Edinburgh then at Glasgow some few daies before the Assembly and for chusing of assessors These two papers Our Commissioner delivered not into the assembly because they did publiquely avow them But their other two papers of secret instructions were directed not from the Table publiquely but under-hand from such as were the prime Leaders of the rest The one of them was delivered or sent onely to one Minister of every Presbyterie whom they trusted most and was onely to be communicated to such as hee might be confident of and was quite concealed from the rest of the Ministers although Covenanters The other paper was directed onely to one lay-Elder of every Presbyterie to be communicated as hee should see cause and to be quite concealed from all others These are the two papers which before you heard were delivered by Our Commissioner into the assembly and they did containe directions which being followed as they were did banish all freedome from this assembly as doth appeare before by the reading of the papers themselves The second Some Presbyteries did chuse their Commissioners before the assembly was indicted and therefore those Commissioners could not lawfully have any voice there The third Neither lay-Elder nor Minister chosen Commissioner by lay-Elders could have voice in the assembly because such elections are not warranted by the lawes of that Church and Kingdome nor by the practice and custome of either for even that little which seemeth to make for their lay-Elders is onely to be found in these bookes which they call the bookes of Discipline which were penned by some private men but never confirmed either by Act of Parliament or Act of generall assembly and therefore are of no authoritie And yet in these elections they did transgresse even the rules of these bookes there being more lay-Elders who gave voices at every one of these elections then there were Ministers contrarie to their bookes of Discipline which require that the lay-Elders should alwaies be fewer But say there were an Ecclesiasticall order or law for these lay-Elders yet the interruption of that order for above fortie yeeres maketh so strong a prescription in that Our Kingdome against it as that without a new reviving of that law by some new order from the generall assembly it ought not againe to have been put in practice For if We should put in practice and take the penalties of many dis-used lawes without new intimation of them it would bee thought by Our subjects hard usage The fourth In many Presbyteries these lay-Elders disagreed wholly in their election from chusing those Ministers whom their owne fellow-Ministers did chuse and carried it from them by number of voices although in all reason the Ministers should best know the abilities and fitnesse of their brethren The fifth These men elected as lay-Elders to have voices in this assembly could not be thought able and fit men since they were never Elders before all or most of them being newly chosen some of them were chosen lay-Elders the very day before the election of the Commissioners to the assembly which sheweth plainly they were chosen onely to serve their associates turne The sixth Since the institution of lay-Elders by their own principles is to watch over the manners of that people in that Parish wherein they live how can any man bee chosen a Ruling-Elder from a Presbyterie who is not an inhabitant within any Parish of the precinct of that Presbyterie And yet divers such especially Noblemen were chosen as lay-Elders Commissioners from Presbyteries within the precincts whereof they never were inhabitants against all sense or reason even upon their owne grounds The seventh They can shew neither law nor practice for chusing assessors to the Ruling-Elders without whose consent they were not to give voice to any thing in the assembly The eight The introducing of lay-Elders is a burthen so grievous to the Ministers as that many Presbyteries did protest and supplicate against them and many Presbyteries though they were in a manner forced to yeeld to it then yet did protest against it for the time to come The ninth In the election of Commissioners to this assembly for the most part the fittest men were passed by and few chosen who ever were Commissioners at any assembly before the reason was they conceived that new men would not stand much for their owne libertie in an assembly of the liberties whereof they were utterly ignorant Besides some were chosen who were under the censures of the Church some who were deprived by the Church some who had been expelled out of the Universitie for reading to their Scholars against Monarchicall government some who had been banished out of that Kingdome for their seditious Sermons and behaviour some who for the like offences had been banished out of Ireland some who were then lying under the sentence of excommunication some who then had no ordination or imposition of hands some who had lately been admitted to the Ministerie contrarie to the standing lawes of that Church and Kingdome and all of them were chosen by lay-Elders Now what a scandall were it to the Reformed Churches to allow this to be an assembly which did consist of such members and so irregularly chosen The tenth Divers members of this Assembly even whilst they sate there were Rebels and at Our Horne and so by the lawes of that Our Kingdome uncapable of sitting as Judges in any Judicatorie The eleventh Three oathes were to bee taken by every member of this Assembly the oath to the confession of faith lately renewed by Our commandement the oath of Allegeance the oath of Supremacie any of which three oathes whosoever shall refuse cannot sit as a Judge in any Court of that Kingdome and yet none of all these three oathes were sworne by any member of this Assembly Besides these nullities of this Assembly what indecencie and rudenesse was to be discerned in it not so much as the face of an Ecclesiasticall meeting to bee seen not a gowne worne by any member of it unlesse it were by one or two Ministers who lived in the Towne the appearance in a manner wholly Laicall amongst the members of it were seven Earles ten Lords fortie Gentlemen one and fiftie Burgesses many of them in coloured clothes and swords by their sides all which did give voices not onely in very high points of controversie which We are sure very many of them did not understand but also in the sentences of excommunication pronounced against the Bishops and others Nay and more all things in the Assembly carried by the
would not offend the Lord Treasurer got to Our Palace at Haly-rud-house and the Bishop of Galloway to his lodging But the Lord Provost was againe set upon as he was entring his owne house and was so pressed upon by the multitude that they crouded with him into his owne yard railing upon him and throwing stones at his windowes untill some of his servants discharging a Peece which had nothing but powder in it they retired for feare In this tumult none were more forward and inexorable then two who were Bailiffes the yeare before and who had subscribed the two Letters to the Archbishop of Canterburie This mornings storme being a little blowne over Our Councell in the afternoone met at Our Palace at Haly-rud-house and commanded a Proclamation presently to bee made at the Crosse of Edinburgh the tenour whereof here followeth At Haly-rud-house the 18. of Octob. 1637. FOrasmuch as a number of the Lords of his Majesties Privie Councell as likewise the Towne Councell of Edinburgh being this day conveened in their severall Judicatories for his Majesties speciall affaires and service they were most rudely interrupted in the course of their proceedings by a tumultuous gathering of the promiscuous and vulgar multitude by whom his Majesties Councell and servants in an open way was shamefully environed VVhich being a matter verie disgracefull to his Majesties Authoritie and lawfull Government and which in the consequence thereof may produce dangerous effects if the like bee not prevented in the time to come Therefore the Lords of secret Councell according to the dutie of their place and charge incumbent unto them Ordaines a Maissar of Councell to passe to the Mercate Crosse of Edinburgh and there by open Proclamation to discharge all publike gatherings and convocations of his Majesties subjects within the Citie of Edinburgh and upon the streets thereof As likewise all private meetings tending to faction and tumult And in his Majesties name and authoritie to command and charge all his Majesties lieges and inhabitants within the said Citie to containe themselves in peace and quietnesse And for that effect to keepe their houses except when their lawfull businesse doth otherwise call them Under all highest paine and charge that by rigour of law can be inflicted upon the contraveeners of the premises in manner above expressed TO this Proclamation so little obedience was yeelded and they of Edinburgh so farre from conceiving that they had any way misdemeaned themselves by that horrible insurrection as that the next Councell day they had the impudence to send their Commissioners publikely to Our Councell Table and there to require that their Ministers and Reader might be restored to them and that they might have assurance for the performance of what was promised to them by their Magistrates at this last Rebellion and before the pacification of it From this Relation joyned to the Narration of the first insurrection in the Churches it is easie to judge whether this their intended glorious Reformation which according to their religious intentions and ardent prayers they say God even to a miracle hath so graciously prospered in their hands be like to proceed from God the first act whereof was begun in the Church with contempt of God and profanation of the house where his honour dwelleth and the violation of those persons who serve at his Altar and the second Act whereof was presented on the streets of the capitall Citie of the Kingdome with the contempt of the highest Authoritie under God viz. Us and Our lawes and offering violence to the persons of Our Councellors and chiefe Officers of State not forbearing the verie houses and places where Our Councell for that Kingdome and Our Magistrates of that Citie doe usually sit and were then sitting which places have alwayes been accounted sacred and have duely challenged all respect and reverence And now it is verie observable by what degrees this Rebellion hath risen as if it had been before-hand well studied and contrived everie rank entring upon the Stage in their due turns in which they served and answered one another The first tumult was begun by the basest sort of that Citie whom the Authors of this second insurrection did then even for that first tumult condemne by the name of Rascalls and scum of the people This second uproare farre more seditious and dangerous then the former was made by the best sort of Citizens excepting onely the Magistrates and some few others yet disavowed and disliked at least in shew by the Nobilitie Gentrie and the Magistrates of the Citie but these last Mutiners were not so cryed downe by them as the former nor did they put such vile names of Rebels and Rascals upon them nor did they shew any signification of their desire to have them questioned or punished for that tumult because now the qualitie of these last mutiners persons gave some good countenance to the designes which they themselves had in hand For these Noblemen Gentrie and Magistrates being themselves to performe the third Act of that Tragedie at the first whereof they had hissed and seemed to dislike the second held it not fit to be too severe in condemning of that which it seemes they meant shortly after to act themselves and in a more dangerous way For first their Protestation against Our Proclamation and then their Covenant against Us and Our Authoritie were next to come upon the Stage which though they were of the same plot and piece with the two other former insurrections yet because they were to be better acted and the Actors men of greater eminencie they hoped their parts should not finde such foule names as the former had found As if the things being the same the names of Protestation or Covenant could alter the nature of insurrection and Rebellion like those of that bloudie League in France who hoped that the verie name of the HOLIE LEAGUE would cause in the world a mistake of their meaning and palliate their most wicked and unnaturall treasons for rooting out their lawfull Soveraigne and the true Religion And now this highest and worst part commeth next to be related After these tumults there were presented to Our Chancellour and Councell two Petitions one a verie weake and childish one in the name of all the men women children and servants of Edinburgh onely against the Service Booke another in the name of the Noblemen Gentrie Ministers Burgesses against the Service Booke and Booke of Canons That to the Lord Chancellour was as followeth My Lord Chancellour UNto your Lordship humbly shewes we men women and children and servants Indwellers within the Burgh of Edinburgh That whereas we being urged with this Book of Service and having considered the same VVe finde many things therein so farre different from that forme of Gods publike worship universally received and professed within this Kingdome And we Burgesses being at our entrie and admission deeply sworne for the maintenance thereof that now makes our hearts to tremble and our weak
would expect his returne and Our answer by that time he would doe both These holy men resolve to expect that time before any election shall be actually made but give order that it shall be made the next day after before it could be knowne in most parts of the kingdome whether he were returned or in any part of the kingdome or by any person of the kingdome what answer he had returned from Us The insinceritie of which proceedings condemned by many Covenanting Ministers at their meeting at Edinburgh for a most desperate equivocation We are confident every man will detest especially in those men who boast themselves to be the onely sincere Professours of these times Besides Our Commissioner found that these men who would not so much as hear him speak of any precedent conference of any thing concerning the Assembly nor of any directions to be agreed upon for the more orderly proceeding in it but cried out against them as unsufferable prelimitations and prejudgings of the liberties of Christ and his Church had in the time of his absence at their Tables agreeed upon certaine directions comprehended in eight Articles which they had dispersed through the whole kingdome and commanded to be observed by the severall Presbyteries thereof in their elections the true copie whereof here followeth A direction for Presbyteries THat every Presbyterie have a copie of the Act made at Dundie the seventh of March 1597. concerning the number of Commissioners the tenour whereof followeth Because there hath beene no order hitherto anent the number of Commissioners to be directed from everie Presbyterie to the Generall Assemblie therefore it is statuted and ordained that in all time comming three of the wisest and gravest of the Brethren shall be directed from everie Presbyterie at the most as Commissioners to everie Assemblie and that none presume to come without Commission And likewise that one bee directed from everie Presbyterie in name of the Barons and one out of everie Burgh except Edinburgh which shall have power to direct two Commissioners to the Generall Assemblie That everie Presbyterie have a copie of the Commission to be given to the Commissioners the tenour thereof followes T.T. the day of The which day after calling upon the name of God We the members of the Presbyterie of having diligently considered the manifold corruptions innovations and disorders disturbing our peace and tending to the overthrow of our Religion and Liberties of the reformed Church within this Realme which hath come to passe especially through the want of the necessarie remedie of Generall Assemblies as well ordinarie as pro re nata injoyed by this Church for many yeares and ratified by Act of Parliament And now expecting shortly by the mercie of God the benefit of a free Generall Assemblie do by these presents nominate and appoint Minister of as also in name of the Burrowes conjunctly and severally our lawfull Commissioners giving and granting unto them our full power Commission and expresse charge to repaire to the said Assemblie at the day and place when and where it shall happen to sit in any safe and commodious place within this Kingdome and there with the rest who shall be authorised with lawfull Commission in our name to propone treat reason vote and conclude according to the word of God and confession of faith approved by sundrie Generall Assemblies and received throughout the whole Kingdome in all Ecclesiasticall matters competent to a free Generall Assemblie and tending to the advancement of the Kingdome of Christ and the good of Religion as they will answer to God and his Church thereupon and to report to us their diligence therein In testification of this our Commission and charge we have subscribed these presents with our hands and which they have accepted with the lifting up of their hands That everie Church Session send one of the most qualified Elders unto the Presbyterie the day of chusing Commissioners to the Generall Assemblie That by common consent of the Ministers and those Elders present in the Presbyterie there may bee chosen both the Commissioners for the Ministers and also some well affected and qualified Nobleman or speciall Gentleman being an Elder of some particular Church Session within that Presbyterie in name of the Barons For this is the constitution of the Presbyteries otherwise called Elderships appointed by the Church in the books of discipline Acts of the Generall Assemblie practised for many yeares after the reformation and ratified in the Parliament the twelfth of King James the 6. and never since altered nor rescinded neither can be with reason altered seeing that same is the constitution of the supreme and Generall Assemblies and of the inferiour and Church Sessions as is at more length cleared by some reasons That such as are erroneous in doctrine or scandalous in life be presently processed that they be not chosen Commissioners and if they shall happen to be chosen by the greater part that all the best affected both Ministers and Elders protest and come to the Assemblie to testifie the same To send to everie Presbyterie a copie of the printed reasons for an Assemblie That Moderators by vertue of their office bee not Commissioners to the Assemblie except they be chosen That the Presbyteries in one of the ordinarie meetings appoint to conveene solemnely after the twentieth of September either upon the 21.22.23.24 or 25. for chusing of their Commissioners to the Assemblie and for to send them hither to Edinburgh before the first of October or so soone as they can that with common consent they may receive the Kings last answer and advise upon the next lawfull remedies in their extreme necessities of Church and State That in the Fast to bee observed on the sixteenth day of September the second day preceding their election they may crave Gods direction therein TO these eight Articles they joyned by way of information a verie impertinent long and tedious discourse of Ruling Elders too long and too simple to be here inserted which was added no doubt onely to perswade the Ministers to admit Lay-men to have voyces in their Presbyteries at the election of the Ministers who were to be Commissioners for the Assemblie or in case of their refusall to perswade the Lay-men to put themselves in possession and give their voyces in these elections whether the Ministers would or no as shall appeare afterwards both by that intrusion which these Lay Elders used in many Presbyteries where the Ministers refused to admit them and by some of the Tables more private instructions by which they were ordered so to do Now We desire the Reader to consider whether the conference which Our Commissioner desired for debating of what members the Assemblie was to be constituted and the matters which were principally to be discussed there with so much bitternes exclaimed against by them could in any construction or sense be taken for such a prelimitation of the Assemblie either in the members matter or manner of it as
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
his foresaid Colleagues respectivè have taught erroneous and corrupt doctrine themselves and by their pretended power have preferred to the Ministerie men who have taught erroneous doctrine against the Confession of Faith and Acts of Parliament quoted in our Covenant and they cherish and maintaine them who teach Arminianisme and Popery as conditionall Election Free will resistibilitie of effectuall Grace The universality of Christs death The merit of it in Heaven and in hell a finall apostacie of the Saints The locall descent of Christ into hell That Christ came into the world clauso Virginis utero auricular Confession and Papall absolution That the Pope is not Antichrist That the Church of Rome is a true Church That reconciliation with Rome is a thing easie That the Church of Rome erres not in fundamentals and that she differs not in fundamentals from the reformed Churches They call in question the imputation of Christs righteousnesse and they affirme the formall cause of justifying faith to consist in our inherent righteousnesse They affirme that there is a locall and circumscriptive presence of Christ in the Sacrament and they change the Sacrament into a Sacrifice and the Table into an Altar the Ministers into Priests There are other damnable and hereticall points of Doctrine which they maintaine of which we shall give particular information in our particular accusation of each one of them respectivè with the proofes thereof when we shall be required Whereas by the Acts of the Church no oaths or subscriptions should be required from those who enter into the Ministerie but to the Confession of faith and to the book of Policy yet the said Master David Lindsey with his foresaid Colleagues respectivè without a warrant from the Church or Parliament doe exact diverse oathes and subscriptions from them who enter into the Ministerie namely That they should both in publick and private prayers commend the Prelats to Gods mercifull protection That they should be subject to the orders which were now in the Church or by the consent of the Church that is by their consent as they affirme should be established as to the Service Book and to the Book of Canons The heavinesse of this grievance made the most part of his Majesties subjects to complaine in these Articles that worthy men which have testimonies of their learning from Universities and are tryed by Presbyteries to be fit for the worke of the Ministerie and for their gifts and lives were much desired by the people yet these men are kept out because they could not be perswaded to subscribe and swear unto such unlawfull oaths which have no warrant from the Acts of the Church nor the laws of the Kingdome and they were Articles and oaths conceived according to their pleasure and men of little worth and ready to sweare were for by-respects thrust upon the people and admitted to the most eminent places of the Church and of the Schools in Divinity which breeds continuall complaints and moves the people to run from their owne parish Churches refusing to receive the Sacrament from the hands of Ministers set over them against their hearts which makes them not to render unto them that honour which is due from the people to their Pastours and it is a mighty hinderance to the Gospel to the soules of the people and to the peace of this Church and Kingdome Whereas in the Assembly holden at Edinburgh in March ann 1578. it was declared that it was neither agreeable to the word of God nor to the practice of the Primitive Church that the Administration of the Word and Sacraments and the ministration of civill and criminall justice should be confounded that one person could supply both the charges but that a Minister should not be both a Minister and a Senator in the Colledge of justice And in the Assembly holden in October An. 1578. it was reckoned amongst the corruptions of the State of Bishops which they were charged to forgoe that they should usurp a criminall jurisdiction that they should not claime unto themselves the titles of Lords that they should onely be called by their owne names or brethren yet the said Master David Lindsey with his foresaid Colleagues respectivè have assumed to themselves the titles and honours of Lords they did sit as Senators in the Colledge of justice as Councellors in the Privie Councell as Auditors in the Exchequer and have enjoyed prime Offices of State The pretended Bishops have usurped the place and precedencie before all Temporall Lords the pretended Archbishops before all the Noble Earles of the land and the pretended Primate before the prime Officers of State in the land Whereas by the Word of God and Acts of the Assembly namely Anno 1576. 1577. and 1578. no man should be suffered to be a Minister unlesse hee be tied to a particular flocke and congregation and not to be tied to a particular flocke it is condemned as a corruption of the state of Bishops which they were charged to forgoe yet the said Master David Lindsey with his Colleagues respectivè foresaid are Ministers and will not be tied to particular flockes Whereas the office of a Bishop as it is now used within this Realm was condemned by the booke of policie and by the Act of the Assembly holden at Dundee Anno 1580. whereof these are the words Forasmuch as the office of a Bishop as it is now used and commonly taken within this Realme hath no sure warrant from authoritie nor good ground out of the Scriptures but it is brought in by the folly and corruptions of the inventions of men to the great hurt of the Church The whole Assembly of this Church with one voice after liberty given to all men to reason in the said matter no man opposing himself to maintain the said pretended office doe find and declare the said pretended office used and termed as is abovesaid unlawfull in it selfe as having neither ground nor warrant within the Word of God and we doe ordaine that all such persons which doe or shall hereafter enjoy the said office shall be charged simply to dismisse quit and leave the same as an office unto which they were not called by God and that they shall leave off all preaching ministration of the Sacraments or other offices of Pastors untill such time as they receive admission de novo from the generall Assembly under the paine of excommunication to be used against them and if they be found disobedient to contradict this Act in the least point after due admonition the sentence of excommunication shall be executed against them And for the better execution of the said Act it is ordained that a Synodall Assemblie shall be holden in everie Province in which usurping Bishops are 18. August next to come in which they shall be cyted and summoned by the Visitors of the said Countries to compeere before their Synodall Assemblies as namely The Archbishop of S. Andrewes to compeere at Saint Andrewes The Bishop of Aberdene in
Aberdene The Archbishop of Glasgow in Glasgow the Bishop of Murray in Elgin to give obedience to the said act which if they refused to do that the Synodall Assemblies shall appoint certaine brethren of their Presbyteries to give them publike admonitions out of their Pulpits and to warne them if they disobey to compeere before the next Generall Assemblie to be holden at Edinburgh 20. Octob. to heare the sentence of excommunication pronounced against them for their disobedience and to this act the Bishop of Dumblane that then was agreed submitting himself to be ruled by it it was also condemned by the act of Glasgow Anno 1581. which doth ratifie the former act of Dundee and ordaines the book of policie which was approved by severall Generall Assemblies to be registrated in the books of the Assemblie and enjoyned the generall confession of faith to be subscribed by all his Majesties Lieges Yet hath the said Master David Lyndsey with his foresaid Colleagues respectivè not onely incroached upon the liberties of Presbyteries and Synods but hath also took Consecration to the office of a Diocesan Bishop without the knowledge or consent of the Church and against the acts of it claiming the power of ordination and jurisdiction as due to him by that unwarrantable office Besides the said Master David Lyndsey with his foresaid colleagues respectivè have against the Lawes of the Church and Kingdome brought in the Service book the book of Canons and the High Commission Court and would have changed and overthrowne the whole frame of doctrine of Gods word the use of the Sacraments the Discipline Liberties and Priviledges of this Church and State if the Lord had not prevented them The particulars wee shall present to your wisdomes though it bee knowne to all men how hee and they have abused his Majesties authoritie against his Royall intentions and Declarations they having moved discontents betwixt the King and his subjects by scandalous lies betwixt subject and subject for which things complaints have been given in to the Councell which we hold heare to be repeated as a part of our complaint and to be tried by your wisdomes and referred to the Assemblie Besides all these faults the said Master David Lyndsey with his Colleagues respectivè in his life and conversation is slandered constantly as guiltie of excessive drinking whoring playing at Cards and Dice swearing profane speaking excessive gaming profaning of the Sabbath contempt of the publike ordinances and private familie-exercises mocking of the power of preaching prayer and spirituall conference and sincere professors besides with briberie simonie selling of Commissariots places lies perjuries dishonest dealing in civill bargaines abusing of thir vassals and of Adulterie and incest with many other offences of which we shall give the particulars in our particular accusations Whereas the Presbyterie is the ordinarie judicatorie of this Church for trying of these offences and hath the Ecclesiasticall power for cytation of the parties and offenders with the reference to their complaints to the Generall Assemblie Therefore wee most earnestly and humblie beseech your godly wisdomes as you tender the glorie of God the peace and libertie of this Church the removall of scandals and punishment of vice that you will take into your consideration and triall the foresaid many and hainous offences with the particular reservations and qualifications of them which we shall present to your wisdomes or to the Assemblie when it shall bee thought convenient and that you would either take order with it your selves and censure the offenders according to the nature of the offences with the Ecclesiasticall paines contained in the Acts and foresaid Canons of this Church and Kingdome or else make a reference of them to the Generall Assemblie to bee holden at Glasgow 21. Novemb. and that the knowledge of these should come to the Delinquents that you will be pleased to ordaine the publishing hereof to bee made by all the Brethren of the Presbyterie in their Pulpits upon the Sabbath before noone with a publike admonition to the offenders to be present at the Assemblie to answer to this complaint and to undergo the censure and triall of it and to bring with them the books and scroules of subscriptions and oaths required from those who enter into the Ministerie with the books of the High Commission Court and the books of the Generall Assemblie which they or their Clerk had or have fraudulently conveied away Together with this certification That if the said Master David Lyndsey with his foresaid colleagues respectivè do not appeare in the said Assemblie and bring with them the said books to answer to this complaint in generall and to the particular heads of it and to submit himselfe to the triall and proofe of this complaint generall and to the particular heads of it that there shall be a condigne censure of these offenders for their contempt and contumacie Here wee humblie beseech your wisdomes answer The Act of the Presbyterie of Edinburgh 24. Octob. 1638. yeares in answer to this Complaint UPon the said day we the Brethren of the Presbyterie of Edinburgh after we had received this Bill and complaint presented unto us by the Laird of Buchanan The Laird of Dury the younger The Laird of Carlourie John Smith late Bailife of Edinburgh John Hammiltoun and Richard Maxwel in name of the Noblemen Barons Burgesses and Commons subscribers of the Covenant which are not Commissioners to the Generall Assemblie against the pretended Archbishops and Bishops of this Kingdome and after wee had read and seriously considered the same wee according to the desire of the complainers did and do referre the same to the next Generall Assemblie to bee holden at Glasgow 21. November And we ordaine the publishing of this complaint and of our reference of it to the Assemblie to be fully read by all the Pastors of the Presbyterie upon the next Sabbath before noone out of their Pulpits with a publike warning and cytation to the offendants complained upon By name Master John Spotswood pretended Archbishop of Saint Andrewes Master Patrick Lyndsey pretended Archbishop of Glasgow Master Thomas Sydserfe pretended Bishop of Galloway Master David Lyndsey pretended Bishop of Edinburgh Master Alexander Lyndsey pretended Bishop of Dunkeld Master Adam Bannatine pretended Bishop of Aberdene Master John Gutherie pretended Bishop of Murray Master John Maxwel pretended Bishop of Rosse Master George Greme pretended Bishop of Orknay Master John Abernethie pretended Bishop of Caithnes Master Walter Whitefoord pretended Bishop of Brichen Master James Wedderburne pretended Bishop of Dunblane Master James Fayrley pretended Bishop of Argyle Master Nail Campbel pretended Bishop of the Isles to be present at the said Assemblie to answer to this complaint in generall and to the particular heads of it to undergo the triall and censure of it and to bring with them the books and scroules of the subscriptions and oaths of them who enter into the Ministerie the books of the High Commission and the book of the Generall
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
supplication be not admitted which we hope and earnestly pray may be graciously accepted then this our protestation may be of force against such Lawes and proceedings that may follow thereupon Thus hoping for your charitable construction of this our necessarie duty in so eminent a danger of the Church and humbly intreating these presents may be put upon Record We rest ANd when the Protestation of the Presbyterie of Glasgow which was a very strong one begun to bee read the Principall of the Colledge there desired the forbearance of it for a time to which the Moderatour gladly yeelded but Our Commissioner who had delivered it in with his owne hands pressed the reading of it out which the Moderatour refused alledging that any man might withdraw his owne Protestation much more desire the forbearance of reading of it to which Our Commissioner replyed That the Protestation was subscribed not onely by the hand of the Principall but the major part of the Ministers of that Presbyterie of whom many were Covenanters that in all their names it was presented unto him and therefore could not be re-called by any one of them without the consent of the rest praying him that it might bee read out to the end but all in vaine for no justice could be had from them especially in a point which so much concerned their reputation for they conceived it would bee a great blurre to their businesse if a Protestation made by that Presbyterie in which was the seat of the Assembly should bee knowne and therefore they would neither reade it nor did they deliver it backe againe against all rules both of justice and equitie After this contest the Assembly for that night was dismissed Our Commissioner wondring that the Principall of the Colledge should in publique desire the forbearance of publishing the Protestation of the Presbyterie of Glasgow in the Assembly used meanes to know the reason of it and found by the averment of persons of good credit upon their owne knowledge that the night before late at ten of the clocke the Lord Lowdan and the Moderatour with divers others Covenanting-Ministers had been with the Principall and told him that the Presbyteriall Protestation would make a great division amongst them that unlesse he did withdraw it hee must never looke to live quietly in Glasgow nor any where in Scotland that the Principall told them it was presented to Our Commissioner from whom it was not possible to recover it that then by the same threatnings they adjured him to desire the forbearance of reading of it if it should bee tendered to the Assembly that after they were parted from him his wife all in teares begged the like of him affirming that the Lord Lindsey had been with her and sworne to her that both he and his must be utterly ruined if shee could not prevaile with him for re-calling that Protestation This and many other passages heretofore mentioned banishing quite out of Our Commissioners mind and the minds of all Our well affected Councellours there present all hopes not onely of just and faire but even of formall proceedings in that Assembly where not so much as the shew and countenance of justice was to be discerned nor any thing but the power and obstinate wilfulnesse of the Covenanters and the unanswerable nullities of this Assembly in regard both of the members elected and the manner of their election being throughly considered and the reasons of the Bishops Declinator presented to Our Commissioner being seriously weighed by which they did not decline the judgement of a generall Assembly lawfully constituted but onely of this Assembly which was to bee accounted far rather a Laicall convention then Ecclesiasticall all the members whereof had barred themselves from being Judges by their solemn oath of combination for the rooting out of that Kingdome both the Bishops persons and callings to whose sentence We or Our Commissioner could not deliver them over without betraying all courses of justice and denying to Our Bishops that protection which cannot bee denied by Us to any of Our subjects viz. the benefit of the Lawes of that Our Church and Kingdome And besides Our Commissioner having certaine and unquestionable intelligence of the Covenanters unmoveable resolution that although the Assembly should be continued and all things which they desired even to their own wishes should be granted and effected yet that the quietnesse and peace of that Kingdome should be never a whit the more settled or established but that they were determined to chuse at this assembly certain Committees who under the name of Commissioners from the generall Assembly should keep up their Tables and bee chosen and continued from one Assembly to another and so hold on the same rebellious courses which they have held ever since the first erection of their Tables to the utter overthrow of Our royall Authoritie and the authoritie of the Lords of Our Councell and Lords of Our Session under Us and Our Commissioner well weighing Our instructions according to which hee was to carry himselfe in this Assembly if hee should find that these mischiefes and courses of injustice could not bee stopped resolved the next day according to Our speciall commandment in Our name and by Our authoritie to dissolve that Assembly whose aime was onely to robbe Us of Our Soveraigne power and to put it in the hands of their Commissioners According to which resolution Our Commissioner the next day being Wednesday the 28. of November went betimes in the morning to the Church and Our Councell having warning over night met him in the Chapter-house where they sate in consultation before they went to the Assembly He did then impart to them the resolution he had to dissolve the Assembly and did aske their advice for the manner of doing it after hearing each of their advice severally he was confirmed in his resolution The reason why Our Commissioner held the Councell in that place was because some of Our Councell who were present should have no time to communicate his resolution to the Covenanters nor to consult with them about the hindering it the Assembly being fully set before the Councell came out so that what had passed there could not be communicated to them The first thing propounded there by the Moderatour that day was this A day or two before there were brought into the Assembly three or foure great volumes by their new Clerke which he alledged were the Acts of the generall Assembly from the very first reformation of that Church which by the speciall providence of God and his own carefull industry had been recovered else they had been lost for ever to the invaluable losse of the puritie of the Religion and Discipline established amongst them for they had been throwne by for many yeeres untill he by some strange accident had light upon them after which speech of the Clerke the Moderatour had desired them to chuse a Committee to peruse these Bookes and to report to the Assembly whether
of your Soveraignes gracious promises let this paper which I deliver to the Clerke to be read witnesse it to you all which I am sure you cannot chuse but receive with all thankfulnesse and dutifull acknowledgement of his Majesties pietie goodnesse and clemencie unlesse all Religion and goodnesse be quite banished out of this Land Here the Clerke publiquely read the paper which followeth THe Kings Majesty being informed that many of his good subjects have apprehended that by the introducing of the Service Booke and Booke of Canons the in-bringing of Poperie and Superstition hath been intended hath been graciously pleased to discharge like as by these he doth discharge the Service Booke and Booke of Canons and the practice of them or either of them And annulleth and rescindeth all Acts of Councell Proclamations and all other Acts and Deeds whatsoever that have been made and published for establishing them or either of them And declareth the same to be null and to have no force nor effect in time comming The Kings Majestie as he conceived for the ease and benefit of his subjects established the high Commission that thereby justice might be ministred and the faults and errours of such persons as are made liable thereto taken order with and punished with the more conveniencie and lesse trouble to the people But finding his gracious intentions therein to be mistaken hath been pleased to discharge like as by these presents he doth discharge the same and all acts and deeds whatsoever made for establishing thereof And the Kings Majestie being informed that the urging of the five Articles of Perthes Assembly hath bred distraction in the Church and State hath been graciously pleased to take the same to his Royall consideration and for the quiet and peace of this Countrie hath not onely dispensed with the practice of the said Articles but also discharged all and whomsoever persons from urging the practice thereof upon either Laicke or Ecclesiasticall person whatsoever And hath freed all his subjects from all censure and paines whether Ecclesiasticall or Secular for not urging practising or obeying them or any of them notwithstanding of any thing contained in the Acts of Parliament or generall Assembly to the contrary And his Majestie is further contented that the Assembly take the same so far into their consideration as to represent it to the next Parliament there to bee ratified as the Estates shall find fitting And because it hath been pretended that oathes have been administred different from that which is conceived in the Acts of Parliament his Majestie is pleased to declare by Me that no other oath shall be required of any Minister at his entry then that which is set downe in the Act of Parliament And that it may appeare how carefull his Majestie is that no corruption or innovation shall creep into this Church neither yet any scandall vice or fault of any person whatsoever censurable or punishable by the Assembly goe unpunished his Majestie is content to declare by Mee and assure all his good people that generall Assemblies shall be kept so oft as the affaires of this Church shall require And that none of Our good subjects may have cause of grievances against the proceedings of the Prelates his Majestie is content that all and every one of the present Bishops and their Successors shall be answerable and accordingly from time to time censurable according to their merits by the generall Assembly And to give all his Majesties good people full assurance that he never intended to admit any alteration or change in the true Religion professed within this Kingdome and that they may bee truly and fully satisfied of the reality of his intentions and integritie of the same his Majestie hath been pleased to require and command all his good subjects to subscribe the confession of faith and band for maintenance thereof and of his Majesties person and authority formerly signed by Our deare Father in anno 1580. and now likewise requireth all those of this present Assembly to subscribe the same And it is his Majesties will that this be inserted and registred in the Bookes of Assembly as a testimony to posteritie not onely of the sinceritie of his intentions to the said true Religion but also of his resolution to maintaine and defend the same and his subjects in the profession thereof Subscribitur HAMILTOUN AFter the reading whereof Our Commissioner went on and added I have you see subscribed that paper with mine owne hand and to make his Majesties Religion Grace Goodnesse and the Zeale which hee hath to settle the peace of this Church and Kingdome knowne to all succeeding generations I doe require that it bee entred into your ordinarie Bookes of Assembly but with this provision That this my assent to the Act of registring this his Majesties Declaration shall be no approbation of the lawfulness of this Assembly or of any other Act made or to be made in it but that all Protestations made or to be made against this Assembly in all other acts and proceedings thereof shall stand in full force and effect And of the delivery of this paper containing his Majesties gracious offers into the hands of the Clerke of the Assembly and of my requiring it to be registred in the Bookes of the same as also of my Protestation against the lawfulnesse of this Assembly in all other Acts I take publique instruments in the hands of the Clerke of Our Soveraigne Lord his Register and require him to make an act thereof Which being done the Moderatour in a short speech acknowledged Our speciall goodnesse in granting the particulars contained in the paper promising it should be registred in the bookes of assembly and desired to goe on with the businesse of the assembly But Our Commissioner told them hee must goe on with them no more for now the sad part was behind viz. That since they had brought Lay-Elders to give voices in this assembly a thing not practised before or at least dis-used so long that no man present had seen it the Ministers sitting here as Commissioners were chosen by Lay-Elders a thing never heard of before in this Church all the persons having voices here were before the elections designed by the Tables at Edinburgh all others by their expresse directions barred these few Commissioners sent hither but not chosen according to their designation were by their cavills made for that purpose set aside and not admitted to have voices the Bishops cyted hither were to bee judged by the very same persons who had pre-judged and condemned them at their Tables hee attested heaven and earth whether this could bee imagined to be any way a free Assembly and therefore called God to witnesse that they themselves were the cause and the only cause why this Assembly could not have that happy issue which We heartily wished and why the Bishops could receive no censure from them in regard of these their sinister proceedings for how could any man expect justice
afterward by his authoritie renewed then they needed not to have sit one houre longer for finding of that for any man that can read may finde the words and syllables of both to be the very same without the least alteration But if by their Covenant they doe understand their explications additions and glosses which destroy and corrupt the verie text of the first Covenant then certainly they should not have risen yet nor could have risen untill the end of the world for they will never finde that these corrupt glosses apocryphall additions of their owne can consist with Our Royall Father his Confession and Covenant upon which they pretend they ground their owne Besides as shall presently appeare they have discharged all men to subscribe the Confession and Covenant commanded by Our authority which Wee suppose they would not have done if they had found them to be one and therefore if they be men of their words they should have sate still and not risen yet because as yet they have not found them to be one After their seven reasons they adde seven protestations of the same piece with their reasons The first third fourth and fifth are not worth the reading for they conteine nothing but their usuall tautologies and taking the sacred name of God in vaine In the second and latter end of their sixth reason their is so much boldnesse expressed as could never have beene expected from any men who had been acquainted with the names of King Law Authoritie or Government For who ever heard that subjects durst require their Kings Commissioner not to depart out of the Assembly when he himselfe had pleased although he had not been commanded by Us so to doe what greater command could they have laid upon the meanest member of the Assembly then this by which they affronted Our Commissioner and in him Us and Our authoritie But their cytation of Our Councell who signed Our Proclamation to appeare as offenders before Us and Our three Estates of Parliament which by the way Wee wonder how they can bee made up without Bishops and to answer the subscription of Our Proclamation as a crime is a boldnesse that calleth more for admiration then refutation They cyte for this their doing the twelfth act of the second Parliament of Our Royall Progenitor James the fourth Wee wondered that in his dayes there should bee any warrant found for the allowing the members of a generall Assembly in any thing in whose time a generall Assembly had no existence but when we looked upon the act We wondered much more for there is not so much as any word to bee read there which can bee drawne to any shew of construction that way That act attributeth rather too much to Privie Councellours then diminisheth them so that upon perusall of the act We were almost inforced to excuse them and lay the fault upon the Printer who had mistaken the cytation untill Wee remembred that in their cytations both of other acts of Parliament and many passages of holy Scripture they are as farre out as in this hoping belike that the Reader would never peruse them That which they affirme about the middle of the sixth Protestation that the Prelates moved Our Commissioner to dissolve the Assembly We must averre upon Our owne knowledge to be farre otherwise for he did it by Our speciall commandement when none of the Prelates were neere Us to give Us any such advice Their seventh protestation is usuall with them and therefore now not to be taken notice of And now when the Reader hath perused both Our Proclamation for the dissolving of that Assembly and their Protestation against that Our Proclamation and hath well weighed all the precedent first violences and then jugglings for their obtayning of such persons onely to be elected as should be sure to stand for such conclusions as they had resolved upon at their Tables at Edinburgh We doe leave it to the judgement of every man to consider whether Wee could any longer continue that Assembly without indangering Our owne Royall authoritie which they intended to supplant and betraying into the hands and power of their sworne and combined enemies the Bishops of that Church who never declined nor yet doe decline the tryall of a generall Assembly lawfully constituted They did long call for a free generall Assembly Wee granted them one most free on Our part and in Our intentions But as they have handled and marred the matter let God and the World judge whether the least shadow or footstep of freedome can in this assembly of theirs be discerned by any man who hath not given a Bill of divorce both to his naturall light that is his Understanding and to his connaturall light that is his Conscience It is a great errour to conceive that libertie and limitation are destructive one of another for that freedome which admitteth no bounds and limits is not libertie but licentiousnesse When therefore they talked of a free generall assembly We tooke it as granted that they meant not an assembly in which every one both in the necessarie preparations preceding it and in the necessarie proceedings in it might say and doe what hee would but such an assembly in which no man having interest should bee barred either in the precedings to it or proceedings in it of that libertie which the lawes or customes of that Kingdome and Church in which that assembly was convocated doe allow him which two bounds whosoever shall transgresse though they pretend libertie and freedome yet in all true intendment construction they must be taken either for professed common or clandestine enemies to the freedome of that assembly What wresting and wringing was used in their last Protestation made at Edinburgh to charge Our gracious Proclamation with prelimitations is knowne and it was detested by many even of their owne Covenant Whether their courses especially in the elections of the members of this assembly were not onely prelimitations of it but strong barres against the freedome of it and such as did utterly destroy both the name and nature of a free assembly inducing upon it many and maine nullities besides the reasons contained in the Bishops Declinator let these few particulars declare First whereas they refused so much as to heare from Our Commissioner of any precedent treatie for repairing and right ordering of things before the Assembly alledging that it could not be a free Assembly where there was any consultation before either concerning the chusers or those to bee chosen or things to be discussed in the Assembly but that all things must be treated of upon the place else the Assembly must needs be prelimitated Whether they did not transgress in all these particulars is easie to bee discerned For besides these instructions which it may bee are not come to Our knowledge We have seen and Our Commissioner at the Assembly did produce foure severall papers of instructions sent from them who call themselves the Table all of
and that the execution of this sentence be intimate in all the Kirkes within this Realme by the Pastours of every particular congregation as they wil be answerable to their Presbyteries and Synods or the next generall Assembly in case of negligence of the Presbyteries and Synods IN another houre they declared Episcopall government to be inconsistent with the lawes of that Church and Kingdome and so abolished it for ever though it did then and doth still stand confirmed by many Acts both of Parliaments and Assemblies they deprived the Ministers whose hands were at the Protestations against lay-Elders and elections made by them some Ministers they deprived for Arminianisme a course never heard of in any place where any rule of justice was observed that a Minister should be deprived for holding any tenet which is not against the doctrine of that Church wherein he liveth and that before it be prohibited and condemned by that Church Now there is nothing in the confession of that Church against these tenets At the Synod of Dort no man was censured for holding any doctrine against the conclusions of it before the Synod had determined against them nor was hee to bee censured for any thing he had preached or printed before that Synod did tender unto him their Canons to be subscribed But at Glasgow no such course was taken but Ministers were deprived without so much as ever being once asked the question whether they held any such opinion or if they did whether they would now recall their opinions and conforme their judgements to the judgement of the Assembly in these points Some of their Ministers being asked the question With what conscience or justice they could deprive their brethren for holding opinions not condemned by that Church who perhaps after their Church had condemned them out of their love to the peace of their Church would have forborne any further medling with them They returned this weake answer That these tenets were condemned by that Church under the generall name of Poperie But they could make no answer when it was told them That certainly these tenets could not be counted Popish concerning which or the chiefe of which as learned Papists as any in the World viz. the Dominicans and Jesuites did differ as much as the Protestants did and that those who doe adhere to the Augustan confession did hold that side of these tenets which the Arminians doe hold and yet they were very far from being Papists being the first Protestants and therefore it was against all sense to condemne that for Poperie which was held by many Protestant Churches and rejected by many learned Papists But all would not serve they would deprive Ministers for holding them before they themselves had condemned them In the deprivation of one of these Ministers there did fall out a memorable passage which was this The Moderatour of the Assembly after the sentence of a Ministers deprivation was pleased to move this learned question to the Assembly Whether if this deprived Minister should baptize a childe the childe must not be baptized againe But he was presently taken off by one of his brethren who it seemeth was much ashamed of such a question told him That they did never re-baptize those who had been baptized by Popish Priests and so all further talke of it was hushed What conclusions were to bee expected from an Assembly whose Moderatour was so grosly ignorant as to move such questions is easie to be conjectured And the weaknesse of their conclusions would easily appeare if all their severall Acts were printed but because the Reader shall be able to make some judgement of them We have here caused an Index of the titles of their Acts to bee inserted by which may be seen what they hold An Index of the principall Acts of the Assembly at Glasgow 1638. SUndry Protestations betwixt the Commissioner his Grace and the members of the Assemblie Master Archibald Johnstone his admission to be Clerk and his production of the Registers of the Church which were preserved by Gods wonderfull providence An Act disallowing any private conference and constant Assessors to the Moderator The Act ratifying the authenticknesse of the Registers with the reasons thereof The Act registrating his Majesties will given in by his Commissioner The Act bearing the Assemblies Protestation against the dissolution thereof The Act deposing Master David Michel Minister at Edinburgh The Act deposing Master Alex. Glaidstounes Minister at S. Andrews The Act annulling the six late Assemblies holden at Linlithgow 1606. and 1608. at Glasgow 1610. at Aberdene 1616. at Saint Andrewes 1617. at Perth 1618. with the reasons of the nullitie of everie one of them The Act declaring the nullitie of the oath exacted by Prelats of Intrants id est Such as are instituted to Benefices The Act deposing Master John Creichtone Minister at Paislay The Act condemning the Service Book The Act condemning the Book of Canons The Act condemning the Book of Ordination The Act condemning the High Commission The sentence of deposition and excommunication of the sometime pretended Bishops of Saint Andrewes Glasgow Rosse Galloway Brichen Edinburgh Dumblane Aberdene The sentence of deposition against the sometime pretended Bishops of Murray Isles Argyle Orknay Cathnes and Dunkell The large Act clearing the meaning of the Confession of Faith made Anno 1580. as abjuring and removing Episcopacie The Act declaring the five Articles to have beene abjured and to be removed Sentence of deposition against Master Thomas Forrester Sentence of deposition against Master William Ahannan Sentence of deposition against Master Robert Hammiltoun Minister at Glasford Sentence of deposition against Master Thomas Mackeney Act anent the Presbyterie of Auchterardours present seat at Aberuskene for the time Act restoring Presbyteries provinciall and generall Assemblies to their constitution of Ministers and Elders and their power and jurisdiction contained in the Book of policie Act erecting Presbyteries in Argyle Act referring to the Presbyteries the consideration of their meetings Act concerning the Visitation of particular Kirks Schooles and Colledges Act against non-Residents Act concerning the planting of Schooles in the Countrey Act concerning the power of Presbyteries admission of Ministers and choosing of their Moderators Reference to the Presbyteries anent the competencie of Parochioners and Presbyteries Act concerning the entrie and conversation of Ministers ratification of the Act 1598. Act of reference to Presbyteries concerning the defraying of the expences of the Commissioners Act of reference concerning repressing of Poperie and Superstition Act of reference to the Presbyteries concerning the more frequent celebration of the Lords Supper Act of reference concerning markets on Munday and Saturday within Burrowes Act against the profanation of the Sabbath for want of afternoones exercise Act against the frequenting the companie of excommunicate persons Act setting down the Roll of Provinciall Assemblies and some orders thereanent Act of reference against milnes and salt pans Act anent the order of receiving the repentance of any penitent
declaring himselfe for them protesting that he was alwaies set their way but had delayed to professe it so long as he found his close carriage might be advantagious to their cause but now of late matters had come to such a height that he found it behoved him to adjoin himself openly to their societie except he should prove a Knave this was as We are informed his owne word Then he went on and exhorted them all to unitie wishing all but especially the Ruling-Elders and Ministers to keepe a good correspondence intreated all the Ministers to consider what had brought the Bishops to ruine viz. pride and avarice and therefore willed them to shun these two rockes if they would escape shipwrack The Lord who delivered this speech delivered indeed the true meaning and sense of the Covenanters for it was neither the Bishops bringing in the pretended innovations nor their suspecting them to bee guilty of the odious crimes expressed against them in their Libell which incensed this and the other Covenanting Lords against the Bishops but their feare of their daily rising in dignitie and place which in this speech is called pride in them and their feare that the Bishops might recover out of their hands by law some of the Church lands belonging to their Churches which in this speech is called avarice in the Bishops In the meane time whether it be not pride in these Lords to envie any mans rising in the Church and Common-wealth according to that worth and sufficiencie which his Prince shall find in him and whether it bee not avarice in them not to endure that other men should legally seeke to recover their owne from them shall be left to the judgement of the indifferent Reader But for this revolted Lord who made this speech and professeth in it That if he had now not adjoyned himselfe to them he should have proved a Knave We can give this testimonie of him That at his last being here with Us in England at which time We had good reason to mis-doubt him he gave Us assurance that hee would rest fully satisfied if We would performe those things which Wee have made good by Our last gracious Declaration in which We have granted more then We did at that time promise so that We had little reason to expect his adjoyning himselfe to them who had given Us so great assurance to the contrary besides that assurance which hee gave to Our Commissioner when hee was in Scotland And now if by his owne confession hee carried things closely for the Covenanters advantage being then one of the Lords of Our secret Councell and that in the end hee must openly joyne with them or bee a Knave what hee hath proved himselfe to bee by this close and false carriage let the World judge Our Commissioner after he had by Our commandement dissolved the Assembly hearing that they who remained still at Glasgow under the name of an Assembly went about to put such a sense upon that confession of faith and band annexed which We lately had commanded to bee renewed as agreed best with those corrupt glosses and false interpretations which by their owne Covenant they had put upon it as if Episcopall government had now by Our commandement been abjured and so did begin to magnifie Our Covenant and resolved to declare it to be all one with their owne though they had in their Pulpits called it the depth of Sathan and had assured their followers that it could not bee sworne unto without perjurie and that even after that Act of Councell upon which they did ground their interpretation he having perused Our instructions which required him not to suffer the confession of faith to be sworne in any sense which might not consist with the lawes of that Church and Kingdome then in force thought it convenient to print a Declaration of Our cleare meaning and intention in requiring that oath which so soon as it was published made them quite change their minds and prohibit the subscription to Our Covenant which they had immediately before so much extolled Our Commissioners Declaration We have here caused to be re-printed together with their printed answer to it because We are confident both by Our owne judgement and the judgement of others who have perused them both that the five reasons contained in Our Commissioners Declaration stand yet unshaken for any thing delivered in their answer unto them and that as strongly as the Divines of Aberdenes first Queries Replies and Duplies doe Our Commissioners explanation followes An Explanation of the Oath and Covenant WHereas some have given out that by the Act of Councell which explaineth the Confession of Faith lately commanded to bee sworne by his Majestie to be understood of the Confession of Faith as it was then professed and received when it was made and that in that Confession defence both of the doctrine and discipline then established is sworn at which time Episcopall government being as they say abolished it must needs follow that the same government is by this late oath abjured And understanding that even amongst those who continue together still at Glasgow under the name of a pretended and unlawfull generall Assemblie this objection is held to be of some moment and used by them to the great disturbance of the peace of this Church and Kingdome and to the great disquieting of the mindes of such his Majesties good subjects as have taken the said Oath and yet never meaned nor do meane to abjure Episcopall Government and to perswade others that if they shall take the same Oath thus explained by the said Act of Councell by so doing they must likewise abjure the said government We James Marquesse of Hamiltoun his Majesties High Commissioner wondring that any such scrupulous misconstruction should be made of his Majesties gracious and pious intentions and being desirous to remove all doubts from the mindes of his Majesties good subjects and to keep them from being poysoned by such as by forced and forged inferences would make them beleeve that they had actually by taking that Oath sworne that which neither virtually nor verily they have sworne or ever intended to sweare or was required by Authoritie to be sworne by them either directly or indirectly considering that all Oathes must be taken according to the minde intention and commandement of that Authoritie which exacteth the Oath and that we by speciall commandement from his sacred Majestie commanded the said Oath to be administred wee do hereby freely and ingeniously professe and declare our minde and meaning herein as wee have constantly heretofore done since our comming into this Kingdome about this imployment viz. That by any such words or Act of Councell we never meaned or intended that Episcopall government should bee abjured nor any thing else which was established by Acts of Parliament or Acts of the Church of this Kingdome which are now in force and were so at the time of the taking of the said Oath Nor indeed