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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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Presidents of all Assemblies of the Clergie as the Chancellor of the Kingdome hath place in Councell and Session not by any Act or Statute but hoc ipso that he is Chancellor By Act of Parl. Bishops are declared to have their right in Synods and other inferiour meetings but by no law restrained nor debarred from the exercise of it in Nationall Assemblies and the law allowing Bishops to be Moderators of the Synods doth present a list in absence of the Metropolitan to whom of right this place doth belong as said is out of which the Moderator of the Generall Assembly shall be chosen For is it not more agreeable to reason order and decencie that out of Moderators of Synods a Moderator of the Generall Assembly should be chosen then of the inferiour Clergie subject to them As concerning that Act of the Generall Assembly 1580. whereby Bishops are declared to have no warrant out of Scripture if corruption of time shall be regarded the authority of that Assembly might be neglected no lesse then that at Glosgow 1610. But it is ordinary that prior acts of Assemblies and Parliaments give place to the posterior for Posteriora derogant prioribus And there past not full six yeares when a Generall Assembly at Edinburgh found that the name of Bishops hath a speciall charge and function annexed to it by the word of God and that it was lawfull for the Generall Assembly to admit a Bishop to a benefice presented by the Kings Majesty with power to admit visite and deprive Ministers and to be Moderators of the Presbyteries where they are resident and subject onely to the sentence of the Generall Assembly As for that Act at Montrose let them answer to it that have their calling by that Commission We professe that we have a lawfull calling by the election of the Clergie who are of the Chapter of our Cathedralls and consecration of Bishops by his Majesties consent and approbation according to the laudable Lawes and auncient Custome of this Kingdome and of the Church in auncient times and do homage to our Soveraigne Lord for our Temporalities and acknowledge him solo Deo minorem next unto God in all causes and over all persons Spirituall or Temporall in his owne Dominions supreame Gouernour But now we may take up Cyprian his complaint Lib. 3. Ep. 14. Quod non periculum metuere debemus de offensâ Domini quando aliqui de Presbyteris nec Evangelij nec loci sui memores sed neque futurum Dei judicium neque praepositum sibi Episcopum cogitantes quod nunquam omnino sub antecessoribus factum est cum contumelia contemptâ praepositi totum sibi vendicent Atque utinam non prostratâ fratrum nostrorum salute sibi omnia vendicarent Contumelias Episcopatûs nostri dissimulare ferre possem sicut dissimulavt semper pertuli sed dissimulandi nunc locus non est quando decipiatur fraternitas nostra à quibusdam vestrum qui dùm sine ratione restituendae salutis plausibiles esse cupiunt magis lapsis obsunt Lastly it is most manifest by the premisses how absurd it is and contrary to all reason and practise of the Christian Church that Archbishops and Bishops shall be judged by Presbyters and more absurd that they should be judged by a mixt meeting of Presbyters and Laicks conveening without lawfull authority of the Church How and by whom they are to be judged according to the custome of auncient times may be seene by the Counsell of Chalcedon Can. 9. and Concil Milevit Can. 22. and Concil Carthag 2. Can. 10. Nor do we decline the lawfull tryall of any competent judicatory in the Kingdome especially of a Generall Assembly lawfully constitute or of his Majesties high Commissioner for any thing in life or doctrine can be laid to our charge onely we declare and affirme that it is against order decency and Scripture that we should be judged by Presbyters or by Laicks without authority and Commission from Soveraign authority For the reasons foresaid and many moe and for discharge of our duty to God to his Church and to our Sacred Soveraigne lest by our silence we betray the Churche's right his Majesties authority and our owne consciences We for our selves and in name of the Church of Scotland are forced to protest that this Assembly be reputed and holden null in Law Divine and humaine and that no Church-man be holden to appeare before assist or approve it and therefore that no letter petition subscription interlocutor certification admonition or other act whatsoever proceeding from the said Assembly or any member thereof be any wise prejudiciall to the Religion and Confession of Faith by Act of Parliament established or to the Church or any member thereof or to the jurisdiction liberties priviledges rents benefices and possessions of the same acts of Generall Assemblie of Councell and Parliament in favours thereof or to the three estates of the Kingdome or any of them or to us or any of us in our persons or estates authority jurisdiction dignity rents benefices reputation and good name but on the contrary that all such acts and deeds above mentioned and every one of them are and shall be reputed and esteemed unjust illegall and null in themselves with all that hath followed or may follow thereupon And forasmuch as the said Assemby doth intend as we are informed to call in question discusse and condemne things not onely in themselves lawfull and warrantable but also defined and determined by Acts of Generall Assembly and Parliaments and in practise accordingly to the disgrace and prejudice of reformed Religion authority of the Lawes and Liberties of the Church and Kingdome weakning his Majesties authority disgracing the profession and practise which he holdeth in the Communion of the Church where he liveth and branding of Reformed Churches with the foule aspersions of Idolatry and superstition we protest before God and man that what shall be done in this kinde may not redound to the disgrace or disadvantage of Reformed Religion nor be reputed a deed of the Church of Scotland We protest that we imbrace and hold that the Religion presently professed in the Church of Scotland according to the Confession thereof received by the estates of this Kingdome and ratified in Parliament the yeere 1567. is the true Religion bringing men to eternall Salvation and do detest all contrary errour We protest that Episcopall governement in the Church is lawfull and necessary and that the same is not opposed and impugned for any defect or fault either in the Government or Governours but by the malice and craft of the Devill envying the successe of that governement in this Church these many yeeres by past most evident in planting of Churches with able and learned Ministers recovering of the Church rents helping of the Ministers stipends preventing of these jarres betwixt the King and the Church which in former times dangerously infested the same keeping the people in peace and