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
that barbarous insurrection which was raised the next day sufficiently testifie On the eighteenth of October 1637. the Bishop of Galloway and Sir VVilliam Elfinston Lord chiefe Justice of that Our Kingdome being appointed by the Lords of Our Councell to examine witnesses in a cause depending before them betweene Francis Stuart sonne to the late Earle of Bothwell and divers others the Bishop was peaceably passing along the street towards the Councell-house where the examinations were to be taken But suddenly an inraged multitude surrounded him and followed him with fearfull cursings and exclamations close to the Councell-house doore where hee was againe incountred afresh with a new troupe who watched and lay in wait for his comming thither and whose furie exceeded words for in all probabilitie the Bishop had beene pulled in peeces by them if by divine providence he had not beene defended by the said Francis Stuart who with much adoe got the Bishop within the doores of the Councell-house where Our Lord chiefe Justice staied for him But when hee was there that place of highest Reverence within that Our Kingdome was no Sanctuarie for him for they continued demanding his person and threatning him with death The report hereof and the danger of their Lords life was brought by some of the Bishops servants presently to the Earle of Traquair Our Lord Treasurer and the Earle of Wigton one of the Lords of Our Councell who were then at a lodging not farre from thence They came presently with their followers to the reliefe of the Bishop but verie hardly for the croud of the mutiners could approach the Councell-house where hee was at last when with much adoe they got entrance they found themselves in no better case then the Bishop was for the peoples furie meeting with no proportionable resistance increased the more The Lords thus beset in Our Councell-house sent privately to the Lord Provost Bailiffes and Councell of Edinburgh who were then assembled in their owne Councell-house requiring them to come to their rescue and to take some present order for their safetie They by one Sir Thomas Thompson who indeed was an eye witnesse of the truth of it returned this answer That they were in the same if not a worse case themselves if the Lords without did not presently pacifie the inraged multitude that the whole streets were pestred with disorderly people that their Councell-house was beset without and thronged within with their owne threatning Citizens who had vowed to kill all within their house unlesse they did presently subscribe to a paper presented to them which for feare of their lives they were forced to doe Which paper contained these three particulars First that they should joyne with them in opposition to the Service Book and in petitioning Us for that purpose Secondly that by their authoritie they should presently restore unto their Pulpits and places Master Ramsey and Rollock their two silenced Ministers Thirdly that they should restore unto his place one Henderson a silenced Reader No doubt three most important grounds for such a fearfull sedition No better answer being returned the Lord Treasurer and the Earle of Wigton with their followers resolved to go up to the Towne Councell-house and to use the uttermost of their authoritie or if that found no respect their best perswasions for settling the present sedition When they came thither they found the Magistrates verie much discomposed greatly perplexed as much doubting whether they should ever escape from the place with their lives yet they presently entred into consultation with them about what was fittest to be done in such an exigent and finding now that the publike divulging of that paper which the Magistrates and Councell of the Citie had subscribed and that the open proclamation of it throughout all their turbulent troupes and at the Crosse had a little asswaged their furious rage the Lords begun to advise with the Magistrates what was best to bee done for the safetie of the Bishop of Galloway whom they had left besieged in the Councell-house It was thought fit by all that the Lords should returne to Our Councell-house and containe themselves therein till the Magistrates might try what they could do for calming the commotion in the streets But no sooner had the Lords presented themselves to the streets but they were received with such violence as they were forced to retire untill such time as two of the Bailiffes with their Serjeants and Officers and such others as they got to attend them accompanying the Lords and repeating to the multitude what had beene yeelded to in the paper exhibited to them a little way was made at first But presently when they entred upon the great street the barbarous multitude run most inragedly upon them Their out-cries were horrible and confused but were as much as in such a confusion could be distinguished God defend all those who will defend Gods cause and God confound the Service Book and all the maintainers of it The Lords being in present and imminent danger assured the people that they would represent their grievances to Us for when they perceived that the people refused to obey any commandement which was laid upon them in Our name and that they sleighted their requiring of them to retire unto their owne houses and to behave themselves as quiet and good subjects under paine of Our highest displeasure they were glad then to betake themselves to intreaties and plausible perswasions but all in vaine For the people still increased their furie and that to such a height as that the Lord Treasurer was throwne downe his hat cloak and white staffe pulled from him so that if by the strength of some about him he had not beene presently pulled up againe upon his feet he had undoubtedly been trode to death and in that posture without hat or cloak like a notorious malefactour was he carried by the croud to Our Councell-house doore where the Bishop of Galloway and others of Our Councell were imprisoned in great feare and expecting the Lords returne for their reliefe Not long after the Provost and Bailiffes came thither to them told them they had used their uttermost power and perswasions with the best ablest and of the prime esteeme of all their Citizens for the appeasing of the present tumult and securing their Lordships persons but could finde no concurrence nor obedience Whereupon the Lords resolved to send for some of the Noblemen and Gentrie and others who were now frequently assembled for assisting the petition against the Service Book to try what help they would or could contribute for quieting the inraged people and what assistance they might expect from them in freeing them from the present danger They being sent for came to the Lords and declared unto them how much they were unsatisfied with the present mutinie offered their persons and power for securing them from all violence which the Lords in Our Councell-house accepting of with much adoe being guarded by them whom the people
and other places needfull and there by open Proclamation to make publication of the holding of the said Parliament and to warne all and sundry Noblemen Prelates and Commissioners for the Barons and Burrowes and all others having voice and place in the said Parliament that they and every one of them in their most decent and comely manner make their addresse to the said Parliament attend and await thereat during the time thereof and to discharge that duty which is incumbent to them and each one of them as they will answer on the contrary at their perill ANd last of all was published and proclaimed first the Act of the Lords of Our Councel for requiring all Our subjects to subscribe the said Confession of Faith and Band annexed which here followeth At Holy-rood-house the 24. day of September Anno 1638. THe which day a Noble Earle JAMES Marquesse of Hamiltoun Earle of Arran and Cambridge his Majesties Commissioner having produced and exhibit before the Lords of secret Councell upon the twenty second day of this instant a warrant signed by his Majestie of the date the ninth of September instant wherein among others of his Majesties gracious and royall expressions for preservation of the purity of Religion and due obedience to his Majesties authoritie in the maintenance thereof his Majestie did will and ordaine that the Lords themselves should sweare the Confession and generall Band mentioned in his Majesties said warrant and also should take such order as all his Majesties lieges may subscribe the same And the said Lords of secret Councell acknowledging his Majesties pious and gracious disposition and affection to the purity of Gods truth did upon the 22. day of September instant unanimously and with all humble hearty and sincere affection sweare and subscribe the confession of Faith dated the second of March 1580. according as it was then profest within this Kingdome Together with the foresaid generall Band dated in Anno 1589. And now to the effect that all his Majesties lieges may give the like obedience to his Majesties so pious desire therefore the said Lords have ordained and ordaines all his Majesties lieges of whatsoever estate degree or qualitie Ecclesiasticall or Civill to sweare and subscribe the said Confession dated the second of March 1580. and that according to the said date and tenour thereof and as it was then profest within this Kingdome Together with the said generall Band dated in Anno 1589. as they will answer at the contrarie upon their obedience And ordaines officers of Armes to passe to the market crosse of Edinburgh and make publication hereof and at all other places needfull wherethrough none pretend ignorance of the same ANd next after that was proclaimed the Commission of the Lords of Our Councell whereby they appointed and designed severall Commissioners for requiring and taking the subscriptions of Our subjects to the said Confession and Band annexed throughout the severall Shires within the Kingdome which here followeth At Holy-rood-house the 24. day of September Anno 1638. FOrsomuch as a noble Marquesse James Marquesse of Hamiltoun Earle of Arran and Cambridge his Majesties Commissioner and the Lords of Secret Councell by an act of the date of the twenty second of this instant have by speciall warrant of his sacred Majestie sworne and subscribed with all humble and heartie affection and unanimously the Confession of Faith dated the second of March 1580. and at length insert in the Bookes of Privie Councell of and according to the said date and tenour thereof and according as it was then profest within this kingdome Together with the generall Band insert therewith in the said bookes of Privie Councell dated in Anno 1589. Like as also the said Lords of Councell by their Act of the date of these presents acknowledging his Majesties pious and gracious disposition and affection to the puritie of Gods truth and as thereby they conceive themselves bound in conscience and humble dutie to use and follow forth all possible diligence for procuring the subscriptions of all his Majesties Lieges thereto And to this effect have thought fit that the care and diligence in procuring thereof be committed to some of his Majesties Councell and others of the Nobilitie and Gentrie within the severall Sheriffedomes and Provinces of the Kingdome in manner after specified Therefore the said Lord Commissioner and Lords of secret Councell give power warrant and commission to such of their number and others after-following within the bounds after specified viz. For the sheriffedome of Edinburgh principall William Earle of Lothiane Archibald Lord Naper S. John Dalmahoy of that ilke S. George Towers of Innerleith For the Burgh of Edinburgh the Provost and Baillies of Edinburgh that are or shall be for the time For East-lothiane Robert Earle of Roxburgh Lord privie Seale Thomas Earle of Hadintoun John Earle of Lauderdaill Harrie Lord Ker S. Patrick Murrey of Elibanke S. Patrick Hepburne of Wauchtoun and James Maxwel of Innerweik For the Stewartie of Dalkeith John Earle of Traquair Lord Treasurer William Earle of Dalhoussie and S. James Macgill of Cranstonriddell For the sheriffedome of Peebles and Ettrick forrest the said Lord Treasurer and John Lord Yester For the sheriffedome of Selkirke the said Lord Treasurer the Earle of Hadintoun S. William Scot of Harden and Generall Ruthven For the sheriffedome of Roxburgh the Lord Privie-seale the Earle of Lauderdaill the Lord Ker S. Andro Ker of Greenhead S. William Dowglas Sheriffe of Tiviotdaill and S. Thomas Ker of Cavers For the Sheriffedome of Bervick the said Lord Privie-Seale James Earle of Home the Earles of Hadintoun and Lauderdaill and Laird of Blacader For the sheriffedome of Fyffe John Earle of Rothes Charles Earle of Dumfermeline John Earle of Annandaill John Earle of Wemes Lord Fentoun John Lord Lindsey David Lord Balcarres S. Thomas Hope of Craighall Knight Baronet His Majesties Advocate S. Alexander Gibson of Durie Sir James Learmonth of Balcolmie and S. Andrew Murrey of Balvaird For the sheriffedome of Linlithgow Alexander Earle of Linlithgow James Lord Amont S. John Hammiltoun of Orbeston Justice clerk Dundas of that ilk and M. George Dundas of Manner For the sheriffedome of Lanerk John Earle of Wigtoune Archibald Lord Angus Lord Fleeming Robert Lord Dalyell S. William Elphinstoun chiefe Justice Sir James Carmichaell of that ilk Treasurer Depute the said Justice-clerke S. James Lokhart younger of Lee Francis Douglas of Sandelands Gawin Hamiltoun of Raploche S. James Hamiltoun of Broom-hill Robert Hamiltoun of Torrence and Alexander Hamiltoun of Hags sheriffe For the sheriffedome of Striveling John Earle of Mar William Earle of Airth John Earle of Montrose Alexander Earle of Linlithgow John Earle of Wigtoun John Lord Flemming Alexander Lord Elphinstoun James Lord Amont and S. William Murray of Polmais For the sheriffedome of Dumfreis William Earle of Queinsberrie Master of Dalyell the Laird of Lag William Maxwell of Kirkhouse and John Dalyell of Newtoun For the sheriffdome of Clackmannan the said Earle
forme and the honour of Religion then for any use or necessitie of it all the former Lawes still standing in force and vigour without the need of any new ratification At this time many of Our subjects of greatest qualitie were suitors to Us for new Titles of Honour Gentlemen to bee Lords Lords to bee Earles Impossible it was for Us to satisfie all suitors in that kinde without the prostitution of Honour to a just and open contempt and therefore being put upon a choice and selection We held it fitter in the point both of honour and justice to passe by such as both privately in their secret meetings and openly in the Parliament house had shewed their disrepects to Us and Our just proceedings then those who had carried themselves not only loyally and dutifully but affectionately and heartily to Us and Our service Upon this occasion many of those who were then passed by and are now principall Covenanters seeing others advanced to degrees of honour above themselves begun then presently to mutter but not to mutinie untill We were gone from thence But scarsly were We well returned into England when the discontent of these men resolved it selfe into a plaine sedition For then they had the impudence to give it out that voyces were bought and packed in the late Parliament nay that the voyces were not truely numbred but that some Acts were past without pluralitie of suffrages A calumnie so foule and blacke as that they themselves did know it to be most false For had there beene the least suspicion of truth in it they might have made tryall thereof by surveying their owne papers and the papers of many hundreds present who took notes of the number of voyces which were given either by assenting to or disassenting from the severall Acts read and proposed by which papers if they had found but the weakest ground for this their strong but false report We have no reason to thinke that either their mercie or modestie was such that they would have forborne the calling of the Clerke of Our Register in question for it it being as our Chancellors office to aske the voyces so Our Clerke of Registers office to take them and record them and according to his owne and his Clerkes notes who assist him to pronounce the Act passed or stopt In which it is impossible he should deale but with sinceritie for else the notes taken by most of the Auditors being a present and powerfull conviction of his false dealing must presently transmit him to highest Censure and punishment But knowing that in a publike and judiciall way they must needs faile in their proofe of this calumnie they betook themselves to the secret and seditious way of malecontents For first they used clancularie surmises then they sent about from hand to hand a clandestine infamous Libell and by it they impoysoned the hearts of many of Our good subjects with a suspicion of obliquitie in Our proceedings at the late Parliament This infamous Libell comming to the knowledge of Our Privie Councell there first they of themselves then afterwards having made Us acquainted with it by Our commandement entred into an inquirie both of the authors and abetters of that seditious Libell Who found that the author upon whom it was shifted and fathered was one Hagge then and still fugitive but that the abetters countenancers and dispersers of it were many and some of them of greatest qualitie and now principall Covenanters Wee out of our innate and usuall clemencie were graciously pleased that the feare and example might reach to all but the punishment onely to one of them to passe by many who undoubtedly had beene concluded and involved by Our Lawes in the same sentence if Wee had proceeded against them and to single out one of that ranke who was most obliged to Us and Our Crowne and therefore both for his ingratitude and crime had no reason to expect any thing from Us but the justice of Our lawes This one was the Lord Balmerino his Father was principall Secretary of State for that Our Kingdome to Our Father of happy memory to whom he was beholden both for the honour of his Baronie and for his whole fortune and estate which he got in his service But he was since Our Royall Father his comming to the Crowne of England arraigned for and attainted of high Treason in Scotland found guilty of it by his Peeres and accordingly received sentence to be hanged drawne and quartered his bloud tainted his whole estate forfeited to the Crowne Yet such was the gracious clemencie of Our Royall Father that He onely for a little time continued this condemned and forfeited Lord in prison afterward confined him but to a large circuit and then restored not onely the bloud of himselfe and his children but also their honour and whole estate Now this present Lord Balmerino being so extraordinarily obliged to Our Royall Father and Our Crowne for the life of his father his owne honour and whole fortunes and so being one from whom We the sonne of that Royall and Gracious Father to him and his whole family had no reason to expect perfidiousnesse and ingratitude he could not have the least shew of reason to expect any favour from Us but the favour of a faire and legall tryall which We granted him At that tryall and arraignment he was by his Peeres found guilty of abetting and dispersing that infamous Libell made against Us and accordingly was to receive sentence of death for it which Our chiefe Justice respited onely untill Our pleasure might bee knowne Then indeed they who afterwards proved the contrivers of the late Covenant and their adherents begun to complaine of the hard measure which was offered to this Lord and to lay false and wicked aspersions upon his Peeres who found him guilty but finding that all the proceedings were usuall and legall they could not but have acquit the Judge if hee should have condemned him nor could they have found the least blemish in Our justice if Wee should have given warrant both for his sentence and execution whose life was now legally devolved into Our hands and therefore this convicted Lord betook himselfe onely to Our mercie which We shewed to him in that height as Wee are confident it is hardly to be patterned by any president For notwithstanding the head of this family which was first raised by Our Father and then being falne yet raised by Him againe and now relapsed was once againe brought under Our axe as it had beene before brought under the axe of Our Royall Father We desirous to shew Our selfe the true heire of none of Our blessed Fathers vertues more then of his mercie and clemencie were contented upon his deep protestations of loyaltie for the time to come to grant him under Our great Seale for that Our Kingdome not onely a Pardon of that crime of which he stood convicted but also his full libertie and inlargement Which gracious Pardon of Ours when
his profane Sacrifice for the sins of the dead and the quick his Canonization of men calling upon Angels or Saints departed worshipping of Imagerie Relicks and Crosses dedicating of Kirks Altars Daies Vowes to creatures his Purgatorie praiers for the dead praying or speaking in a strange language with his Processions and blasphemous Letanie and multitude of Advocates or Mediators his manifold Orders Auricular Confession his desperate and uncertaine repentance his generall and doubtsome faith his satisfactions of men for their sins his justification by works opus operatum works of supererogation Merits Pardons Peregrinations and Stations his holy VVater baptising of Bels conjuring of Spirits crossing saning anointing conjuring hallowing of Gods good creatures with the superstitious opinion joined therewith his worldly Monarchy and wicked Hierarchie his three solemne vowes with all his shavelings of sundry sorts his erroneous and bloudie decrees made at Trent with all the subscribers and approvers of that cruell and bloudie Band conjured against the Kirk of God and finally we detest all his vain Allegories Rites Signs and Traditions brought in the Kirk without or against the VVord of God and Doctrine of this true reformed Kirk to the which we joyne our selves willingly in Doctrine Faith Religion Discipline and use of the Holy Sacraments as lively members of the same in Christ our Head promising and swearing by the Great Name of the Lord our GOD that we shall continue in the obedience of the Doctrine and Discipline of this Kirk and shall defend the same according to our vocation and power all the dayes of our lives under the paines contained in the Law and danger both of body and soule in the day of Gods fearfull Judgement and seeing that many are stirred up by Satan and that Romane Antichrist to promise sweare subscribe and for a time use the Holy Sacraments in the Kirk deceitfully against their owne consciences minding thereby first under the externall cloake of Religion to corrupt and subvert secretly Gods true Religion within the Kirk and afterward when time may serve to become open enemies and persecuters of the same under vaine hope of the Popes dispensation devised against the Word of God to his greater confusion and their double condemnation in the day of the LORD JESUS We therefore willing to take away all suspition of hypocrisie and of such double dealing with God and his Kirk Protest and call The Searcher of all hearts for witnesse that our minds and hearts do fully agree with this our Confession Promise Oath and Subscription so that we are not moved for any worldly respect but are perswaded only in our Consciences through the knowledge and love of Gods true Religion printed in our hearts by the holy Spirit as we shall answer to Him in the day when the secrets of all hearts shall be disclosed And because we perceive that the quietnesse and stability of our Religion and Kirk doth depend upon the safety and good behaviour of the Kings Majestie as upon a comfortable instrument of Gods mercy granted to this Countrey for the maintaining of His Kirk and ministration of Justice amongst us wee protest and promise with our hearts under the same Oath Hand-writ and paines that wee shall defend His Person and Authority with our goods bodies and lives in the defence of Christ his Evangel Liberties of our Countrey ministration of Justice and punishment of iniquity against all enemies within this Realme or without as we desire our God to be a strong and mercifull Defender to us in the day of our death and comming of our Lord Jesus Christ To whom with the Father and the Holy Spirit be all honour and glorie eternally LIke as many Acts of Parliament not onely in generall doe abrogate annull and rescind all Lawes Statutes Acts Constitutions Canons civill or Municipall with all other Ordinances and practicke penalties whatsoever made in prejudice of the true Religion and Professours thereof Or of the true Kirk discipline jurisdiction and freedome thereof Or in favours of Idolatrie and superstition Or of the Papisticall Kirk As Act. 3. Act. 31. Parl. 1 Act. 23. Parl. 11. Act. 114. Parl. 12. of King James the sixt That Papistrie and Superstition may be utterly suppressed according to the intention of the Acts of Parlament reported in Act. 5. Parl. 20. K. James 6. And to that end they ordaine all Papists and Priests to be punished by manifold Civill and Ecclesiasticall paines as adversaries to Gods true Religion preached and by law established within this Realme Act. 24. Parl. 11. K. James 6. as common enemies to all Christian government Act. 18. Parl. 16. K. James 6. as rebellers and gainstanders of our Soveraigne Lords authoritie Act. 47. Parl. 3. K. James 6. and as Idolaters Act. 104. Parl. 7. K. James 6. but also in particular by and attour the Confession of faith do abolish and condemne the Popes authoritie and jurisdiction out of this land and ordaines the maintainers thereof to be punished Act. 2. Parl. 1. Act. 51. Parl. 3. Act. 106. Parl. 7. Act. 114. Parl. 12. K. James 6. do condemne the Popes erroneous doctrine or any other erroneous doctrine repugnant to any of the Articles of the true and Christian Religion publikely preached and by Law established in this Realm And ordaines the spreaders and makers of Books or Libels or Letters or writs of that nature to be punished Act. 46. Parl. 3. Act. 106. Parl. 7. Act. 24. Parl. 11. K. James 6. doe condemne all Baptisme conform to the Popes kirk and the idolatry of the Masse and ordaines all sayers wilfull hearers and concealers of the Masse the maintainers and resetters of the Priests Jesuites traffiquing Papists to be punished without any exception or restriction Act. 5. Parl. 1. Act. 120. Parl. 12. Act. 164. Parl. 13. Act. 193. Parl. 14. Act. 1. Parl. 19. Act. 5. Parl. 20. K. James 6. do condemne all erroneous books and writs containing erroneous doctrine against the Religion presently professed or containing superstitious Rites and Ceremonies Papisticall whereby the people are greatly abused and ordaines the homebringers of them to be punished Act. 25. Parl. 11. K. James 6. do condemn the monuments and dregs of bygane Idolatrie as going to Crosses observing the Festivall dayes of Saincts and such other superstitious and Papisticall Rites to the dishonour of God contempt of true Religion and fostering of great errour among the people and ordaines the users of them to be punished for the second fault as Idolaters Act. 104. Parl. 7. K. James 6. Like as many Acts of Parlament are conceived for maintenance of Gods true and Christian Religion and the puritie thereof in Doctrine and Sacraments of the true Church of God the libertie and freedome thereof in her Nationall Synodall Assemblies Presbyteries Sessions Policie Discipline and Jurisdiction thereof as that puritie of Religion and libertie of the Church was used professed exercised preached and confessed according to the reformation of Religion in this Realm As for instance
and Colledges in a point of conscience should weigh downe the groundlesse opinions of their Tables consisting of Noblemen Gentlemen Ministers and Tradesmen But leaving the many unanswerable reasons which may be brought against this their Covenant Wee shall desire the Reader to observe three things which appeared at the verie first comming out of it First how in it they swelled farre above all that ever was complained of either in their tumults or petitions In their tumults they complained onely of the Service Booke in their petition exhibited to Our Councell and sent up to Us they complained of the Service Booke and Booke of Canons more of their grievances then Wee knew not Now in this their Covenant besides these two they complaine of and doe abjure as they make their adherents beleeve the five Articles of Pearth which were established by Acts first of the generall Assembly and then of Parliament Then they complaine of the high Commission which ever since the yeare 1609. hath beene quietly established and in practise amongst them Then they complaine of Prelats sitting in civill Judicatories a thing which Wee cannot chuse but wonder at not only in regard of Our Selfe whom by this meanes they would robbe of the benefit of the abilities of any of Our subjects in Our counsels and affaires of State as if holy Orders did superinduce a dissabilitie for civill Wisedome and Prudence but especially in regard of themselves because by this strange conceit they contradict more then they are aware of their owne false and prodigious opinions for what incongruitie can they finde in it for a Bishop to sit at Our Councell Table where many causes are heard in which Religion is concerned or in Our Session where many Church-men have trialls for their maintenance when they themselves hold it not onely convenient but necessarie and that even jure divino that Noblemen Gentlemen Merchants Taylors Sadlers Shoomakers and others of most mechanicall Trades shall sit and give sentence in Parochiall Sessions and in Presbyteries in Causes Ecclesiasticall and those of the highest nature even the last and supremest censures of the Church Excommunication and depriving of Ministers nay that they shall give sentence in the generall Assembly a Judicatorie which now they hold to be above Our Session Councell or Parliament for they maintaine that the Acts of that Assembly may in many cases disannull and derogate from the Acts of the other three where they doe assume to themselves to determine all questions de Fide Cultu Disciplina of Faith Worship or Discipline and in which of late they did assume to themselves power to determine and according to their weake and poore power did determine controversies concerning Predestination universall Grace irresistibilitie of Grace concurrence of Free-will with Grace totall or finall falling from Grace and other such like intricate points as some men would be loath to live so long untill they could make them understand them Secondly Wee desire the Reader to observe with what affections this their Covenant was received abroad both by Protestants and Papists at the very first publishing of it By Papists it was received with infinite joy as hoping that now the time was come in which both Wee and Our Successors might be brought to abhorre and detest that Religion whose professed Zelots had beene the authours of such an unsufferable Covenant which could not consist with Monarchie which appeared to Us most evidently by the advertisements which then were sent up to Us from some of Our Councell of that Kingdome that the sudden and frequent arrivall of Priests and Jesuites from Doway and other Seminaries beyond the Seas was so great in hope of their welcome to Us because of this seditious Covenant that unlesse some speedie order were taken for their present discouragement and sending backe the evill might quickly passe remedie which moved Us notwithstanding these present broiles to take present order for such proceedings against them as they were forced to retire With Protestants abroad it was received with most offensive scandall and infinite griefe which appeared unto Us by advertisements from some of Our publique Ministers abroad who certified Us that both the Ministers and others of their Consistorie at Charenton and of other Reformed Churches in France as also the Professors Ministers and Consistorie of Geneva and of other neighbouring Reformed Churches in those parts were so scandalized with this prodigious Covenant as that they were afraid of nothing more then this that it would bring an indeleble scandall upon the Reformed Churches and alienate the mindes of all the Princes of Christendome from ever entertaining a good thought of their Religion Of what condition then and fearfull consequence that Covenant is which bringeth griefe and offence to Our friends joy and triumph to Our enemies is evident to all eyes that are opened Thirdly We desire the Reader to consider with what furie and madnesse this Covenant after it was conceived was obtruded to all sorts of people with what threatnings with what beating tearing of the clothes drawing of the bloud and exposing to thousands of injuries and reproaches at Edinburgh Saint Andrews Glascow Lanarick and many places more of those Ministers who out of religious conscience towards God and loyall carriage towards Us did either disswade their Parishioners from entring into it or could not by their intreaties or threatnings be perswaded to enter into it themselves No doubt it cannot be a Covenant approved by God the first bitter and accursed fruits whereof were the many drops of bloud drawne from many of Gods Ministers which now no doubt doe call for Gods vengeance upon the whole land Now the fire of this seditious Covenant flaming thoroughout all the corners of the Kingdome and that to such an unexpected height and violence as it was past both the skill and power of Our Councell to quench it Our Councell resolved to send up unto Us Sir John Hammilton Our Justice Clerke one of Our Privie Councell and one of the Lords of Our Session that he might fully acquaint Us with the passages of this Rebellion and the consequences of it After Our hearing of him many times and many consultations had with such of Our Councell of Scotland as were then here present and such of Our Councell here in England as We thought fit to communicate this businesse unto We resolved to send unto that Our Kingdome the Marquesse of Hamiltoun with the full power of an High Commissioner as in other cases Our Royall Father and We had many times done in important businesse concerning that Kingdome and in the meane time we dispatched home the said Sir John Hamilton to give notice thereof both that they might carrie themselves quietly untill Our Commissioner his comming from whom they were to expect Our pleasure with all favour which might consist with Royall authoritie as also that they might before Our Commissioners going from hence have time to make Us fully acquainted with the uttermost of their grievances
inability and rebellion to Gods law our justification by faith onely our imperfect sanctification and obedience to the law the nature number and use of the holy Sacraments His five bastard Sacraments with all his rites ceremonies and false doctrine added to the ministration of the true Sacraments without the word of God His cruell iudgment against infants departing without the Sacrament His absolute necessitie of Baptisme His blasphemous opinion of Transubstantiation or reall presence of Christs bodie in the elements and receiving of the same by the wicked or bodies of men His dispensations with solemne oathes perjuries and degrees of marriage forbidden in the word His crueltie against the innocent divorced His divellish Masse His blasphemous Priesthood His profane sacrifice for the sinnes of the dead and the quicke His canonization of men calling upon Angels or Saints departed worshipping of imagerie reliques and crosses dedicating of Kirks altars dayes vowes to creatures His purgatory praiers for the dead praying or speaking in a strange language with his processions and blasphemous letanie and multitude of advocates or mediatours His manifold orders auricular confession His desperate uncertaine repentance His generall and doubt some faith His satisfactions of men for their sins His justification by works Opus operatum works of supererogation merits pardons peregrinations and stations His holy water baptising of bells conjuring of spirits crossing sauing anointing conjuring hallowing of Gods good creatures with the superstitious opinion joyned therewith His worldly Mornarchy and wicked Hierarchy His three solemne vowes with all his shavellings of sundry sorts His erroneous and bloudy decrees made at Trent with all the subscribers and approvers of that cruell and bloudy band conjured against the Kirke of God And finally we detest all his vaine allegories rites signes and traditions brought in the Kirk without or against the word of God and doctrine of this true reformed Kirk To the which wee joyn our selves willingly in doctrine faith Religion discipline and use of the holy sacraments as lively members of the same in Christ our head promising and swearing by the great Name of the Lord our God that we shall continue in the obedience of the doctrine and discipline of this Kirk and shall defend the same according to our vocation and power all the dayes of our lives under the paines contained in the law and danger both of body and soule in the day of Gods fearfull judgement And seeing that many are stirred up by Satan and that Roman Antichrist to promise sweare subscribe and for a time use the holy Sacraments in the Kirk deceitfully against their owne consciences minding hereby first under the externall cloak of Religion to corrupt and subvert secretly Gods true Religion within the Kirk and afterward when time may serve to become open enemies and persecuters of the same under vaine hope of the Popes dispensation divised against the word of God to his greater confusion and their double condemnation in the day of the Lord Jesus We therefore willing to take away all suspition of hypocrisie and of such double dealing with God and his Kirk protest and call the Searcher of all hearts to witnesse that our minds and hearts do fully agree with this our confession promise oath and subscription So that we are not moved for any worldly respect but are perswaded only in our consciences through the knowledge and love of Gods true Religion printed in our hearts by the holy Spirit as we shall answer to him in the day when the secrets of all hearts shall be disclosed And because wee perceive that the quietnesse and stability of our Religion and Kirk doth depend upon the safety and good behaviour of the Kings Majestie as upon a comfortable instrument of Gods mercie granted to this countrey for the maintenance of his Kirk and ministration of justice amongst us we protest and promise with our hearts under the same oath hand-writ and paines that we shall defend his person and authority with our geare bodies and lives in the defence of Christ his Evangel liberties of our Countrey ministration of justice and punishment of iniquity against all enemies within this Realme or without as we desire our God to be a strong and mercifull defender to us in the day of our death and comming of our Lord Jesus Christ to whom with the Father and the holy Spirit be all honour and glory eternally Amen WEe under-subscribing and considering the strait linke and conjunction betwixt the true and Christian religion presently profest within this realme and Soveraigne Lords estate and standing having both the selfe same friends and common enemies and subject to the like event of standing and decay and weighing therewithall the imminent danger threatned to the said religion the preservation whereof being dearer to us then whatsoever we have dearest to us in this life And finding in his Majestie a most honourable and Christian resolution to manifest himselfe to the world that zealous and religious Prince which he hath hitherto professed and to imploy the meanes and power that God hath put into his hands as well to the withstanding of whatsoever forraigne force shall meane within this land for alteration of the said religion or endangering of the present state as to the repressing of the inward enemies thereto amongst our selves linked with them in the said Antichristian league and confederacie Have therefore in the presence of Almightie God and with his Majesties authorising and allowance faithfully promised and solemnely sworne like as hereby we faithfully and solemnly sweare and promise to take a true effauld and plaine part with his Majestie amongst our selves for diverting of the appearing danger threatned to the said Religion and his Majesties state and standing depending thereupon by whatsoever forraigne or intestine plots or preparations And to that effect faithfully and that upon our truth and honours binde and oblige us to others to conveene and assemble our selves publikely with our friends in arms or in quiet manner at such times and places as we shall be required by his Proclamations or by writ or message direct to us from his Majesty or any having power from him And being conveened and assembled to join and concurre with the whole forces of our friends and favourers against whatsoever forraigne or intestine powers or Papists and their partakers shall arrive or rise within this Iland or any part thereof ready to defend or pursue as we shall be authorised and conducted by his Majesty or any others having his power and commission to join and hold hand to the execution of whatsoever mean or order shall be thought meet by his Majesty and his Councell for suppressing of the Papists promotion of the true Religion and setling of his Highnesse estate and obedience in all the countries and corners of this Realme to expound and hazzard our lives lands and goods and whatsoever meanes God hath lent us in the defence of the said true and Christian Religion and his Majesties person
of suffrage and so these Ministers and none but they were chosen in each Presbyterie whom the Tables at Edinburgh had designed A thing so odious and distastfull to the Ministers that in some Presbyteries the Ministers chosen Commissioners had but eight Ministers voices and the voices of two and twentie Lay-men in others not above two Ministers voices in some but one but in all Presbyteries the Ministers Commissioners were elected by the pluralitie of Layvoices Some of these Ministers though Covenanters seeing the libertie of the Church by this meanes utterly lost and betraied did repaire to the two Covenanting Ministers of Edinburgh to whom they bemoaned themselves wondring that they would give way to the utter defacing of the Church by these Laick intrusions to whom they gave this answer That they grieved for it as much as themselves but that the necessitie of the times was such that they must wink at it else the Nobilitie Gentrie and Burrowes did threaten them with a desertion upon which a division must follow which by their Oath and Covenant they were bound by all meanes to prevent But the aggrieved Ministers were not satisfied with such cold comfortlesse and unconscionable answers but resolved in many Presbyteries to draw up their Protestations against the Lay Elders to the Assemblie yet they were so threatned by the Laitie that most of them fell back and durst not adventure upon it though others both Covenanters Non-covenanters had the courage to do it but with what successe shall be declared when We come to speak of the Assemblie it selfe Yet this We will confidently averre That when Our Commissioner came last from that Our Kingdome three parts of foure of all the Covenanting Ministers did detest the elections made by lay Elders and would have declared the nullitie of all such elections if they durst have done it and that these Ministers unlesse they have changed their minds since had rather live under Episcopall government then under the tyrannie of the Laitie and a few Ministers from whom they have suffered more in a few moneths then ever they did under all the Bishops in the Kingdome since Our comming to the Crowne all which verie many of them have affirmed both for themselves and others to Our Commissioner divers of Our Councell and others of good credit and qualitie whom We dare and do trust But the elections being now past according as they had plotted them or in good forwardnesse so to bee where they were not yet past the Covenanters next care was how to hinder the subscription of the confession of Faith commanded by Us they conceiving it their master-piece to stop any thing though never so well liked by themselves if it were commanded by Our authoritie as fearing that if We had obedience given to Us in any one thing Our people might recover the taste of government And hearing that Our Commissioner was to repaire to the Colledge of Justice there to tender to the Lords of Our Session who are the supreme Judges of Our Lawes in that Kingdome the confession of Faith and band annexed to be sworne by Our authoritie that very morning they set up Rollock to preach though it was not his ordinarie course where many of Our Judges were present before they went to sit There hee with many false and foolish impertinences did so labour to perswade them that the swearing of that confession was unlawfull and plaine perjurie that hee shewed himselfe a ridiculous and most dishonest man to most that were present a weak man to all and so little he prevailed that immediately after Sermon the Judges repairing to their usuall place of sitting whither Our Commissioner came presently and tendered them the said confession all of them except foure who were knowne to be of the false stamp did sweare to it and subscribe it the number of the Judges in all being twenty And here We desire the Reader to observe whether these men shall not be accounted a faction and not a bodie of a Kingdome when they shall separate themselves from Us who are their Soveraigne from the bodie of Our Councell who have the supreme government of the Kingdome under Us and from the bodie of Our Judges who are the Interpreters of Our Lawes and under Us the supreme Judges of all their estates and fortunes these two Judicatories together with Our Judges in criminall causes being under Us by the Lawes constituted the onely Judges of all their actions For if these Covenanters shall ascribe unto themselves the government because they are more in number then those who disassent from them then certainly in all Kingdomes and Republiques the established government must goe downe for in them all they who are ruled and governed are farre more then the Rulers and Governours They then seeing that their fierce endeavours were fruitlesse with the Lords of the Session with all speed dispatched some of their Tables throughout all parts of the Kingdome to stop the subscription to the confession of faith commanded by Us with copies of their Protestation to be read in all places where Our Commissioners should either proclaime Our Declaration or require subscription to that confession In many places they prevailed in many not Where they prevailed they used such indirect and violent courses as they gained an assent from many mens mouths whose minds were very farre from it In Glasgow after that the Lord Lowdan with divers others Noblemen Gentlemen and Ministers sent as they pretended from the Tables at Edinburgh had caused to bee read that infamous Libell of which you shall heare afterwards against the Archbishop of Glasgow in his owne Cathedrall Church without the knowledge of the Magistrates of that Citie the Lord Lowdan desired the Provost of Glasgow to convocate their Towne Councell that hee might impart some things unto them which the Provost refused But that Lord and his Associates understanding that their ordinarie Church Session sate that afternoone at which the Magistrates and Ministers were to be present came suddenly into the place where they did sit beyond their expectation where the Lord Lowdan made a speech of great length concerning the iniquitie and danger of Our Covenant adjuring them both by perswasions and threatnings that they would not subscribe the confession of faith required by Us and therefore his demand was That he might have the assured promises of the Magistrates and Ministers that they would not subscribe it that so he might report their answer to the Tables from whence he was sent To which the Provost presently answered That his Lordship knew well that Our Commissioner had required from them a subscription to Our Covenant that they had humbly intreated of his Grace some short time to returne their answer and therefore hee wondred that any man should thinke it was fit to answer any who was sent from the Tables before they had made their answer to Our Commissioner and so refusing to give any answer to these Emissaries from the Tables
Our Commissioner they expected no satisfaction to their desire for they themselves did know as well as any Judge or Advocate in the Kingdome that no Commissioner either could award or ever had awarded any such processe as they required And therefore they moved Our Commissioner once againe that he would require Our Judges or Lords of Our Session to grant out such processe with which request when Our Commissioner made Our Judges acquainted they returned him that answer which the Covenanters knew verie well they could not chuse but make viz. That they could grant out no processe for the compeerance of any persons before them but those who were impleaded and whose causes were triable before them The truth is Our Commissioner found by inquirie and the Covenanters knew it perfectly well that the ordinarie way of processe or cytation to a Generall Assemblie was to passe it under the hand of the Clerk of the Assemblie whose office is during life if he be not legally removed usually too under the hand of him who was Moderator at the last Generall Assemblie both which were then living and are so still the name of the Clerk of the Assemblie being Master James Sandelands an Advocate and Commissarie of Aberdene and the Moderator of the last Assemblie being the now Archbishop of Saint Andrewes But they who had all this while gone on in disorderly illegall and unjustifiable wayes belike thought it an incongruitie to keep the beaten path and tract of justice in any thing and therefore they fell and resolved upon a way so unlike Justice so repugnant to Religion and common honestie as one would wonder how they hit upon it having neither Law nor practise for it which was this They caused to be drawn up a most false odious and scandalous Libell against the Archbishops and Bishops with a Petition annexed to the Presbyterie of Edinburgh wherein they desired the Libell to bee admitted by them the copie whereof as it was exhibited by them to the said Presbyterie and afterward publikely read in all the Pulpits thereof here followeth which out of Our love to the Christian Religion We wish might never come to the notice of any Pagan and out of Our love to the Religion reformed We wish might never come to the notice of any Papist But it cannot be concealed The Bill or the complaint of the Noblemen Barons Burgesses Ministers and Commons Covenanters which were not Commissionaries to the Assembly against the pretended Archbishops and Bishops within this kingdome as it was presented to the Presbyterie of Edinburgh with an Act of reference of the Bill from the Presbyterie to the next Generall Assembly as it was fully read on the Lords day before noone in all the Churches within the Presbyterie of Edinburgh according to the Act. Noblemen Unto your wisedomes humbly shewes and complaines We John Earle of Sutherland John Earle of Athol William Earle of Dalhousie Mungo Vicount of Stormouth Hugh Lord Montgomerie David Lord Elcho George Lord Forrester Arthur Lord Forbesse John Master of Berridale Robert Lord Boyd David Lord Balcarras John Lord Melvill Barons and Gentlemen Craggemillar Lugtoun Buchanan Young Dury Balgonny Balbirny Master William Hammilton Thomas Cragge of Ricarton John Cowper of Gogar John Hammilton of Boghall David Inglis of Ingliston John Dundas of Newliston Sir William Cockburne of Langton Patrick Cockburne of Clerkinton John Leslie of Newton Colonel Alexander Leslie David Barclay of Onwerme Sir Michael Arnot of Arnot Sir Michael Balfoure of Deanemill John Aiton of Aiton David Beaton of Balfoure John Lundie of Lundie Walter Murray of Liviston Sir John Preston of Ardrie Walter Cornwall of Bonhard William Scot of Ardrosse Robert Forbosse of Ricesse Sir Andrew Murray of Balvarde George Dundasse of Dudistone Sir William Murray of Blebo Master Robert Preston William Dicksone Ministers Master William Scot Minister at Cowper Master George Hammiltoun at Nuburne Master Walter Grog at Balmerino Master Iohn Machgil Parson of Fliske Master Andrew Blackhat at Aberlady Burgesses and Commons George Bruce of Carnock George Potterfield a Burgesse of Glasgow John Smith John Mill Lawrence Henryson Richard Maxwell Burgesses of Edinburgh WE for our selves and in name and behalfe of the rest of the Noblemen Barons Gentlemen Burgesses Ministers and Commons within this Realme of Scotland subscribers of the Covenant who are not chosen Commissioners to the Generall Assemblie but who will assist and insist in this complaint with us as faithfull Christians as loyall subjects and sensible members of this Church and Common-weale having interest to pursue this popular action in a speciall manner and an eminent degree by which pursuit God may bee glorified Christs Kingdome advanced that the Church may bee restored to her priviledges and liberties and freed from manifold scandals from the corrupters of Doctrine with Poperie and Arminianisme of the Sacraments with Superstition and Wil-worship and of the Discipline with tyrannie and from the overthrowers of the peace of this Church and Kingdome by their usurpations and lies their violent humours and falshood for their owne worldly ends may be tried and censured accordingly and so this Church and State made free from the present divisions and combustions and restored to peace and unitie both with God and amongst themselves and that his Majesties religious disposition and honour may be cleared to all the world by the triall and censure of those men who have fraudulently abused his Majesties name and authoritie by their trust and credit with his Majestie Wee most earnestly make request That whereas by the Lawes of this Church and Kingdome and by his Majesties last Proclamation all his Majesties subjects whether Ecclesiasticall or Civill of whatsoever title or degree if they have exercised an unlimited or unwarrantable power They are declared and ordained to be liable to the triall and censure of the Generall Assemblie and Parliament or to any other Judicatorie according to the nature and qualitie of the offence And whereas Master David Lyndsey pretended Bishop of Edinburgh Master Thomas Sydserfe pretended Bishop of Galloway Master Walter Whitefoord pretended Bishop of Brichen Master James Wedderburne pretended Bishop of Dumblane Master James Fairley pretended Bishop of Argyle Master John Spotswood pretended Archbishop of Saint Andrewes having their residences or dwelling places within the bounds of this Presbyterie of Edinburgh Master Patrick Lyndsey pretended Archbishop of Glasgow Master Alexander Lyndsey pretended Bishop of Dunkell 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 Orkney Master Iohn Abernethie pretended Bishop of Caithnesse Master Neil Campbel pretended Bishop of the Isles should be tried and censured for their unlimited and unwarranted power For whereas it was provided in the Cautions agreed upon in the Generall Assemblie holden at Mountrose Anno 1600. for bounding of the Ministers votes in Parliament and concluded to bee inserted in the bodie of the act of Parliament for
which they were sure should never bee done as shall now appeare in these particulars When the Commission from the Presbyterie of Peebles was read there was presently read a Protestation and Petition given in by a meane Minister of that Presbyterie not against the election it selfe for there did not appeare the least shew of exception against it when the Act of the Presbyterie was read but against some violence pretended to be used by Our Lord Treasurer who being an inhabitant within the precincts of that Presbyterie was present at the election The petition was conceived in very boisterous and uncivil terms The Lord Treasurer answered all that was pretended so fully that not any one in the Assembly seemed to bee unsatisfied there being not one election returned which was more punctually made and that even according to their owne publique instructions yet because the Commissioners elected though Covenanters were not the same who had been designed at Edinburgh nor such as another Lord dwelling in that Presbyterie who was a Lay-Elder and Covenanter had a mind to the approbation of that Commission and admission of these Commissioners most shamefully was put off and respited untill that Petition and Protestation might be examined and so it was continued from time to time though it were often called upon Our Commissioner told them That sure there were none present who did not admire at these proceedings and that if the Petitioner failed in his probation which afterward hee did and asked pardon for it hee deserved some exemplarie punishment to bee inflicted upon him who had dared to traduce so great an Officer of State In this particular it was too plain that the poore Minister was onely set on to present this Protestation for the reasons now declared After this there arose a very hot contestation concerning the election of the Lay-Elder for the Presbyterie of Brichen The Earle of Montrose presented one Commission in which the Laird of Dunn was chosen Lay-Elder by the voyce of one Minister and a few Lay-Elders There was another Commission presented by that Presbyterie in which was returned the Lord Carnaegie lawfully chosen by the voyces of all the rest of the Ministers and Lay-Elders yet because the Earle of Montrose did oppose the election of the Lord Carnaegie though his owne brother in law all the Covenanters in the Assembly sided with the Laird of Dunn for whom the Earle of Montrose stood both of them being rigid Covenanters against the other Lord who was a Covenanter likewise but a more moderate one And indeed it was a wonder to see how openly all rules of justice without any feare or shame were laid aside in this particular for though they did not approve the election of the Laird of Dunn who wanted voyces to his election yet they would not admit of the other whose election admitted not the least scruple In the agitation of this business there fell out a memorable passage of which the Covenanters were very much ashamed because it betrayed one of their secret instructions it was this There was written upon the back of that Commission which was tendered by the Lord Montrose a Declaration wherein the lawfulnesse of that Commission and the unlawfulnesse of the other was offered to be cleared in which among other things it was objected against the Lord Carnaegie his election that it was made contrary to the directions of the Tables at Edinburgh which the Clerk perceiving stopped and would read no further Our Commissioner hereupon required the Moderatour to give him a copie or extract of that paper which was last read and of the names of those who had subscribed to it and that subscribed by the hand of the Clerk of the Assembly The Moderatour absolutely refused it Our Commissioner told him that he desired it to help him in Our service that by it he might bee the better informed how to proceed in his objecting against such Commissions as he meant to challenge The Moderatour againe refused to doe it alledging that the challenged Declaration was but accidentally written on the backe of the Commission Our Commissioner replyed That could not be written privately or accidentally which was given in publike to the Assembly and that by a member of it of so great place and quality for a justification of his proceeding in that election and withall protested That though he were not Our Commissioner but the meanest subject of the land he could not in justice be denied the copie of any thing exhibited in a Court of justice But all in vaine for after much cavilling by the Moderatour and other covenanting Lords Our Commissioner desiring the Moderator to put it to voyces whether he could be denied a copie of it even that was refused him likewise they being afraid that the Assembly would not deny so notorious an act of justice upon which Our Commissioner though mildly yet with some expression of distast did thus deliver himselfe Let God Almighty judge if this be a free Assembly in which is denyed to his Majesties Commissioner that which cannot be denyed to the meanest of his subjects and at last hee tooke instruments in the hands of Our Clerke of Register that he was refused the copie of a Declarator given in to the Assembly delivered into the Clerkes hands and publikely read by him in which amongst other things was contained that the election of the Lord Carnaegie Commissioner from Brichen was invalid as being contrarie to the directions of the Tables of the Commissioners at Edinburgh which occasioned the Moderator to say That Our Commissioner needed no copie of it he had so faithfully repeated all that was contained in it Our Commissioner hereupon since he could not obtaine a copie of it desired all present to be witnesses of what the Moderator had spoken that he had acknowledged his faithfull repetition of that part of the Declarator whereof he was refused the copie and thereupon againe tooke instruments In this businesse Sir Lewis Stuart one of Our Assessors to Our Commissioner spake some few words which when the Moderator was about to answer the Lord of Montrose forbid him to answer one who had no place to speake there Afterward there arose a great contestation between the Earle of Southesk one of Our Assessors and the Moderator with so much heat on the Moderators side and some Lords who sided with him that Our Commissioner was put to moderate the Moderator and quench the heat of the Assembly for which many of them gave Our Commissioner thankes and so all businesse was continued till Munday On Munday being the 5. day of their sitting they went on in the rest of the controverted elections refusing to heare the Lord Carnaegie his election discussed but putting it off to a Committee Master Andrew Logie Minister of Red but a Non-covenanter being returned a Commissioner from the Presbyterie of Garrioche was refused to be admitted though they laid not the least exception against his election their pretence was