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

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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