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A11686 A declaration of the iust causes of his Maiesties proceeding against those ministers, who are now lying in prison, attainted of high treason. Set foorth by his Maiesties Counsell of his kingdome of Scotland Scotland. Privy Council.; Haddington, Thomas Hamilton, Earl of, 1563-1637, attributed name. 1606 (1606) STC 21961; ESTC S116870 15,319 48

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time and that others of them had most vndutifully in that same action made breach of some promises made by them vnrequired to his Maiestie himselfe very fewe moneths before Yet so superabundant was his lenitie and patience towards them that after the committing of the contempt they were not committed presently but suffered to staie at home at their owne houses neither were they presently brought to their answere but his Maiestie most patiently in hope of their repentance was pleased a long time to supersede the ordinarie course of Law against them And herewithall his Maiesties Pietie doth most cleerely shine that beeing euen since his infancie a most gratious nurse-father of the Religion professed and protector of the professors but specially of the Teachers of the same And notwithstanding that the contempt committed was so hainous as by the ordinarie course of Iustice his Maiestie might presently haue bin auenged of those disdainers of his Authoritie and Royall commandements yet so farre was his Maiestie from any rigorous proceeding against them as by the contrarie to the intent to recall them backe who were now so farre astray out of the path-way of obedience a most pittifull yea a most abominable thing in a Minister it pleased his sacred Maiestie most gratiously of himselfe to set downe that former Declaration that vpon the view thereof these Ministers might see their offence confesse their guiltinesse and craue pardon Wherein howsoeuer some of them were euer all their life and likewise at this time so rammage that they could not be recalled by any lure yet were sixe or seuen of that number of nineteene which first conuened so moued and touched with that open Discouerie made by that Declarator of their ouersight as in all humilitie before the Lords of his Maiesties Councell then present protesting their great sorrow for their offence excusing themselues vpon their ignorance and purging themselues of all wilfulnesse in that action they besought their Lordships to bee mediators at his Maiesties hands for a pardon to them Who presently vpon their humble submission according as his Maiestie had beene pleased to signifie his will and minde to his Councell were dismissed and sent home to their houses to attend their charge and ministerie ouer their owne flockes So farre was his Maiesties heart from intending any rigour against any of that Profession as by the contrarie by his Maiesties present pardoning of them vpon their submission it doeth manifestly appeare that his Highnesse was farre more willing and readie to embrace their penitence with clemencie then they could bee capable to deserue the same imitating herein his great King the king of all kings who neuer desireth the death but the amendment of the sinner And yet it is most true that those so dismissed vpon their humble submission and repentance were men of no lesse gifts but of farre greater sinceritie knowen good life and conuersation and nothing inferior to those others which remaine still obstinate but in vnquietnesse of spirit hautinesse of minde and desire of breaking the Peace of the Church But before any further bee touched of their conuenting before any Iudge or that any relation bee made how by their pertinacie of maintaining the first fault beeing a most presumptuous riot they came next within the compasse of no lesse offence then Treason it is not vnmeete that the very point of their first crime for which they were brought in question to answere before his Maiesties Counsel were cleerely set downe as well to refute those vaine subterfuges of excuses and pretexts they make for their obstinacie as to remooue from the godly religious and well disposed Subiects all scruple of any such matter whereof those ministers and their fauorites by lying rumors would sowe the seedes amongst the simple sort whom they very well know and wee often finde to be too credulous of euery false report As therefore the keeping of a generall Assembly was not the matter in question so is it of veritie that by this accusation against these disobedient ministers there was nothing laid to their charge concerning the lawfulnesse or vnlawfulnesse of a generall Assembly nor yet of the power and limits thereof but that they had vnlawfully made a priuie Conuenticle not onely directly repugnant and against his Maiestie and Counsels charges and direction but euen as well against the continuall custome and practise of the Church as their present consent which was well witnessed by all the Presbyteries abstaining from directing any Commissioners thither sauing that small number of Presbyteries already recited whereof they were the Commissioners for they not onely disobeyed his Maiesties Authoritie who had discharged that time and place of meetings but euen the will and direction of their owne Church whose disassenting to their proceeding was not onely manifested by the Commissioners of the generall Assemblies letter certifying all the Presbyteries of the deserting of the said Assembly but also the Church did by their not sending of Commissioners to that diet cleerely demonstrate their obedient acknowledgement and acquiescing to his Maiesties wil in that behalfe of whose power and lawfull Authoritie in appointing or continuing the times and places of meeting of Assemblies they neuer doubted beeing so often practised as is already rehearsed in his Maiesties owne person and declared to be his prerogatiue by that same Acte of Parliament by which they are warranted to keepe the saide Assemblies And if those Ministers who stand so obstinate in defence of th' assembly which they must confesse hath onely warrant from that Statute in 92. would consider how farre the Prince may dispose of the meetings of the Parliament it selfe as either to prolong hasten or desert the meeting thereof and beeing conuened may dismisse the same without doing any thing at all therein What foolish prerogatiue and supereminence is this seeing they must needes acknowledge themselues subalteme which they would claime aboue the most supreme high Honourable meeting of the whole Kingdome except it be as so many Popes in their owne conceit they would exemps themselues altogether from all Saeculart power And so the particular cause whereupon these Ministers were conuented before vs was nothing else but that they most seditiously contemptuously and in plaine disdaine of his Maiesties Princely commandements and auctority Royal did conuene themselues in a priuy conuenticle which they wronging not onely his Maiestie but the Church as is already declared prowdly seditiously and most falsly termed and maintaine to bee a generall assembly notwithstanding of his Highnesse pleasure and will signified to them and their Presbyteries by missiues from the Commissioners of the generall assembly that the meeting appointed at Aberdene should desert And notwithstanding of the prohibition by publique Proclamation at the Mercate crosse of Aberdene and of our Letter sent vnto them by the said Sir Alexander Strayton And how vnlawful and vnduetifull their pretended excuses are being grounded as they alledge vpon the feare which they conceiued of the suppressing