Prelates Act anent the excommunicating of the Ministers deposed who doe not obey their sentence Act against those who speake or write against the Covenant this Assembly and constitutions thereof Act of reference anent the voicing in the Kirk Sessions Act condemning Chapters Archdeans preaching Deacons and such like Popish trash Act against the obtruding of Pastors upon people Act against marriage without Proclamation of Banes Act against funerall sermons Act anent the triall of expectants that is such as are not possessed of any Benefice Act anent the admission of Master Archibald Johnstoun to be Advocate and Master Rob. Dalgleish to be Agent for the Kirk Act anent the transplantation of Master Alexander Henderson from Leuchars to Edinburgh Act of reference to the Presbyteries and Provinciall Assemblies to take order with Salmon-fishing Act of transporting Master Andro Cant from Pitsligo to Newbotle Act condemning all civill offices in the persons of Ministers separate to the Gospel as to be Justices of peace sit in Session or Councell to vote or ride in Parliament Act concerning a Commission for complaints about Edinburgh Another Commission to sit at Jedburgh Another Commission to sit at Irwin Another Commission to sit at Dundee Another Commission to sit at the Channeries and Forres Another Commission to sit at Kircubright A Commission for visitation the Colledge of Aberdene A Commission for visitation of the Colledge of Glasgow Act against Salmon fishing and going of milnes on the Sabbath day Act appointing the Commissioners to attend the Parliament and Articles which they are to represent in name of the Kirke to the Estates Act ordaining the Commissioners from Presbyteries and Burrowes presently to get under the Clerks hand an Index of the Acts and hereafter a full extract of them which they are bound to take back from the Assembly to the Presbyteries and Burrowes Act ordaining the Presbyters to intimate in their severall pulpits the Assemblies explanation of the Confession of faith the Act against Episcopacie the Act against the five Articles the Act against the Service book booke of Canons booke of Ordination the High Commission the Acts of excommunication and deposition against some Prelates and Act of deposition onely against some others of them An Act discharging Printers to print any thing either anent the Acts or the proceedings of this Assemblie or any treatise which concernes the Kirke without a warrant under Master Archibald Johnstouns hand as Clerke to the Assemblie and Proctor for the Kirke and that under the pain of all Ecclesiasticall censure to be intimate with other Acts. Act ordaining the Covenant subscribed in Febr. now to be subscribed with the Assemblies Declaration Act discharging all subscription to the Covenant subscribed by his Majesties Commissioner and the Lords of Councell Act ordaining all Presbyteries to keepe a solemne thanksgiving in all Parishes for Gods blessing and good successe in this Assembly upon the first convenient Sabbath Act against those who are malicious against this Church decliners or disobeyers of the Acts of this Assembly Act warranting the Moderatour and Clerke to give out summons upon relevant complaints against parties to compeere before the next Assembly Act renewing the priviledges of yeerely generall Assemblies and oftner pro re nata and appointing the third Wednesday in July next in Edinburgh for the next generall Assembly Act that none be chosen ruling Elders to sit in Presbyteries provinciall or generall Assemblies but those who subscribe the Covenant as it is now declared and acknowledges the constitution of this Assembly Act to transport Master Rob. Blair from Aire to St. Andrewes Act for representing to the Parliament the necessitie of the standing of the Procutors place for the Kirk There are many lesse principall Acts omitted so the Index is not fully perfect A. Jhonston BY these it is easie to be discerned what conclusions tending to Sedition and Rebellion and the overthrow of the lawes both of Church and Kingdome were agreed upon what false nay and what foolish positions there were established For instance Had it not been enough to have removed Episcopall government the five Articles of Perth and the other pretended innovations if they had been furnished with lawfull power so to doe No but they will have it concluded that all these were abjured in the confession of faith when it was first sworne which no reasonable man can beleeve and which they themselves did allow in many not to abjure when they first swore their Covenant and to which many Ministers members of this Assembly had sworne at their admission into their Benefices according to the Acts of Parliament and Acts of generall Assembly provided in that case And so by swearing that these things were abjured in the first confession they make them profess that they had perjured themselves in taking the other oath of their conformitie to these pretended innovations Upon which rocke one Minister of the Assembly finding himselfe to be set fast when that Act was voiced unto which declared Episcopall government and the five Articles of Perth to have been abjured formerly and so to be for ever removed Mr. Robert Baylie voiced thus Removed but not abjured to the great scandall of the rest of the Assembly hee being reputed for one of the ablest men in it But the Act was drawne up in these termes Abjured and removed by the voices of all the Assembly except his alone who knowing that all the Acts were particularly to be read and voiced to againe had drawn up a supplication to the Assembly in the name of those Ministers who before had conformed themselves to the five Articles of Perth for a mitigation of that Act at least that it might receive a publique hearing and arguing which the rest having knowledge of when that Act came to bee read and voiced to againe one of the Lords who was a lay-Elder perswaded with the Clerke that in calling the List this Minister his name should be omitted and so the Act passed without so much as asking of his voice who had his supplication ready when he should be called upon by his name but perceiving that the omission of his name was purposely done he durst stirre no more in it for feare of publique envie and some private mischiefe which might be done unto him And yet you must think this was a most godly and free Assembly Towards the end of their Assembly they divided themselves into severall Committees which should after their rising see all their Acts put in execution a thing never heard of before in that Church The Moderatour concluded with thankes to God for their good successe and then to the Nobilitie and the rest for their great paines and last of all with a speech to the Earle of Argyle giving him thankes for his presence and counsell by which they had been so much strengthened and comforted The Lord Argyle answered him with a long speech first intreating all present not to misconstrue his too late
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
man before his Father that confesseth him before men All of these and each of them besides your Lordships personall and particular obligations to God doe call for no lesse at your Lordships hands in the cause of so great and singular necessitie and we also doe expect so much at this time according as your Lordship at the houre of death would be free of the terrour of God and be refreshed with the comfortable remembrance of a word spoken in season for Christ Jesus King of Kings and Lord of Lords OUr Commissioner in the meane time resolved to publish Our gracious Declaration for relieving of their grievances and satisfying Our people in Our forwardnesse for the maintenance of the Religion professed in that Kingdome and Our aversnesse from Poperie which they of the Covenanters Table having notice of being above all things afraid that Our people should receive any satisfaction from Us or rest contented with the grace of Our reasonable proffers of favour did mightily repine at came to Our Commissioner and wished him for Our honour his owne safetie and peace of the publike not to make any such Declaration which undoubtedly would be encountred with a Protestation and that in such manner as would be displeasing to him and make the publishing of that Declaration be found disserviceable unto Us. Our Commissioner being perplexed with these unexpected and dangerous difficulties resolved by faire proceedings to gaine so much time untill he might make Us acquainted with them and receive Our answer and instructions concerning them In his Letters of advice he acquainted Us with the danger threatned if he should publish Our Declaration which though he knew to be full of grace yet the heads of the Covenant would never suffer the multitude of their members to understand it so Two things he desired of Us One that in case Wee continued in Our resolution of publishing Our Declaration Wee would be pleased to sweeten it with this further favour as to restore to the citie of Edinburgh the sitting of Our Councell Our Session and all other Courts of Justice which he conceived would be very acceptable to Our Councellors Judges to all Advocates and all dependents upon the Law to all Our subjects which had businesse depending in any of these Courts but most of all to the citie of Edinburgh which complained much of their being impoverished by absence of these Courts and that this was like to prove a most probable perswasion for reclaiming them to their former obedience Next that We would be pleased to give him leave to take a journy unto Us though he should returne presently that he might acquaint Us with the new emergencies of businesses and such other things as could not be conveniently expressed in Letters and so accordingly receive instructions from Us for his carriage To which Letters of advice Wee did returne by a speedie dispatch this answer That We would have Our Declaration no longer delayed but commanded him presently to publish it because Wee would not whatsoever the event should be have Our people barred the knowledge of Our Gracious intentions and favours towards them which We did see the leaders of them studied nothing more then to suppresse And that at his intreatie Wee were contented that all the Courts of Justice should presently begin to sit againe at Edinburgh for the reasons contained in his Letters and in hope of reclaiming of that Citie which otherwise by their misdemeanour had no reason to expect any such favour from Us And withall after the dispatch of these two that Wee were contented hee should repaire to Us as hee desired whensoever hee should finde it convenient taking first order with Our Councell for keeping all things in order untill his returne This answer of Ours so soone as Our Commissioner received he assembled Our Councell and made them acquainted with it who were so well satisfied with the bringing back of Our Courts of Justice to Edinburgh that presently they sent unto Us a Letter of thanks of this tenour Most Sacred Soveraigne THe Marquesse of Hamiltoun your Majesties Commissioner having imparted unto us your Majesties gracious pleasure and allowance that the Judicatories of the Councell of Session and others should be returned to the Citie of Edinburgh Thereupon the Lord Commissioner being present order was given for publication at the Market Crosse of Edinburgh with all solemnities requisite and that the like publication should be made throughout the whole Kingdome at all publike places This hath given so great contentment to all your Majesties subjects that we cannot expresse with what dutifull respect and heartie prayers for your Majestie they have embraced this great and undeserved favour In consideration whereof wee conceive our selves bound in dutie to acquaint your Majestie herewith and withall to render to your Majestie most humble and heartie thanks for this so great grace and goodnesse which wee hope shall contribute to the good of your Majesties service and to establishing the peace of the Countrie for the which we all your Majesties good subjects shall ever bee most thankfull and all in dutie bound to pray for your Majesties long and happie Reigne Holy-rood-house July 2. 1638. Subscribitur Traquaire Roxbrugh Mar Morton Winton Lithgow Wigtonne Kingorne Hadinton Lauderdaile Kinoul Southesk Lorne Naper Dalyell Ihay Ja Carmithaell Thomas Hop John Hammilton ANd accordingly Our Commissioner caused Proclamation to be made at the Crosse of Edinburgh for the first sitting downe of the Session there the Tuesday following being the third of July 1638. which was received with such joy by the Judges Advocates and all others having relation to the Colledge of Justice but above all by the Magistrates and Citizens of Edinburgh that Our Commissioner and Councell did then well hope all mens minds had beene well prepared to receive the Declaration of Our Grace and favour which was to bee published in the next Proclamation with an humble and thankfull acknowledgment which undoubtedly they had done if they had not beene not onely diverted but perverted by those men who interpreted every satisfaction of Our subjects received from Us to be a dividing and pulling them away from themselves And therefore they quickly cast about to finde out some meanes how this Our speciall favour might not be resented by them which was this They assured their followers that there were two of the Lords of Our Session viz. Sir Robert Spotswood President of the same and Sir John Hay Our Clerk of Register answerable to the Master of the Rolles here in England sworne enemies to their Covenant well affected to Episcopall government procurers and abettors of the pretended Innovations that unlesse these two were presently removed from Our Session there could be no good intended to them by the bringing of it back to Edinburgh and therefore advised them to send some of their number to Our Commissioner to desire that these two Our Judges might presently bee removed from that Court Not that they who put this in their
heads thought that Our Commissioner could yeeld to a request of so high injustice but because they knew that hee neither could nor would yeeld unto it and that therefore by his deniall they should have meanes to irritate Our people even to a disgust of that Our Gracious favour which the day before they had so well relished But yet according to their resolution some of the principall Covenanters of all sorts sent from their Table had the boldnesse to repaire to Our Commissioner and to demand of him that which they were sure no just nor honest man could grant viz. That they could clearely prove briberie and corruptions frequently to have beene used by these Our two Judges and therefore intreated him to remove them presently from their places of Judicatorie after which they would intend processe and so legally proceed in the probation of these crimes objected against them To which their demand Our Commissioner returned this just and modest answer That sure they could not expect that he either could or should condescend to this their desire which yeelded unto did overthrow the verie foundation and maine rule of Justice viz. That any man should be punished for any crime before he were legally convicted of it and therefore he advised them to follow the constant course of justice which was this If they thought these Judges clearely convincible of these horrible crimes they should intend first processe against them and then probation of the crimes of which if they were found guiltie then they needed not doubt but they should be removed from their places and receive such further condigne punishment as the Lawes of the Kingdome had provided for such notorious criminals assuring them that We his Master would bee so farre from hindring the course of Justice against any such offenders as that Wee would hold it a speciall service done to Us to bring the iniquitie of Our Judges to publike triall and censure and that he would make Us acquainted with their demands with which just answer they were resolved to be so unsatisfied that they replied unto him that this his deniall would be attended with a great inconvenience to all Our subjects for they would in that case of deniall make and publish a Protestation that whatsoever Act Decree or Order the Lords of Our Session should make in any cause at which these two Judges or either of them were present and gave voice should be null and void in Law and that none of Our subjects either should bee bound or would yeeld obedience to them Was not this a strange usurpation upon Regall power To this Our Commissioner only added That everie such Protestation must be made before the Lords of the Session who had the power of admitting or repelling it and therefore for that point hee remitted them to these Lords as the competent Judges of it which answer of Our Commissioner they presently laboured to have misconstrued by their partie telling them that there was no hope of any Justice to be had against any man who was an enemie to them and their Covenant At the day appointed by the Proclamation the Session sate down and Our Commissioner in his owne person went to the place and opened it with a short speech to the Judges to this purpose THat hee was warranted from Us to recall the Session againe to Edinburgh That the chiefe thing that had moved Us thereunto was the sense of the many incommodities which Our subjects in generall and the Judges in particular did sustaine by the removing of it That We had required him to desire and command the Judges to grant all reasonable dispatch to Our subjects in the administration of Justice that so some time which was lost might be regained That in Our name he required them to be very carefull and circumspect that in these troublesome times no Order nor Decree might passe from them which might be prejudiciall to Our Crown or service Our Judges hereupon returned to Our Commissioner their humble and heartie expressions of all thankfull acknowledgment for this Our singular favour and grace to themselves and all Our subjects and with great submission intreated him to returne unto Us their humble and heartie acknowledgment And here now We desire the Reader to observe that the Covenanters neither made any such Protestation against the sitting of the two Judges as they talked of nor did ever intend any processe or probation against them for the crimes objected though Our Commissioner immediately after his returne from Us assured them that We not onely had given them leave but would thanke them for so doing which We are confident they would have done if they had conceived these Judges guiltie and giveth to Us good assurance that this calumnie against these Judges was onely cast in by some of their ring-leaders to marre and interrupt that resentment of Our grace and favour which they perceived wrought verie much upon many of Our subjects of their partie for bringing backe again Our Courts of Justice to Our citie of Edinburgh The Session thus setled Our Commissioner resolved to publish by Proclamation the Declaration of Our grace and favour The principall Covenanters when they could not disswade him from it presently went about and both by themselves and their seditious Preachers filled their followers mindes with such fearefull expectations of it that some dayes before it was published they filled the streets with multitudes of people especially neare the Crosse where it was to be proclaimed and those in hostile equipage divided into rankes pulling their swords out of their belts and with pistolls being armes prohibited by Our lawes of that Kingdome giving out that if this Our Declaration were hearkened unto it would bring undoubted ruine to their Religion lawes and liberties though the people knew nothing of what was to be delivered in Our Declaration Some daies they continued in this posture which made Our Commissioner delay the publishing of it untill he might heare of more quietnesse and peace in the streets of which being advertised he caused the Proclamation of Our grace and favour solemnely to be made at the Crosse of Edinburgh No sooner were the trumpets sounded but there came to the Crosse a mightie confluxe of people the Covenanters had presently a scaffold erected on which they mounted with a Protestation readie written in their hands before Our Proclamation was pronounced Our Proclamation was thus CHARLES by the grace of God King of Scotland England France and Ireland Defender of the Faith To our Lovits Heraulds Messengers our Sheriffes in that part conjunctly and severally specially constitute greeting Forsameikle as We are not ignorant of the great disorders which have happened of late within this Our ancient Kingdome of Scotland occasioned as is pretended upon the introduction of the Service Book Book of Canons and High Commission thereby fearing innovation of Religion and Laws For satisfaction of which fears We well hoped that the two Proclamations of the eleventh of December
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
of attestation called God to witnesse to it It had like to have growne to a hot contestation but that that night the Assembly was dismissed The next day upon their first sitting down they urged presently the choice of a Moderatour but Our Commissioner desired first Our Letter to the Assembly to be read which was done and it was thus ALthough Wee be not ignorant that the best of Our actions have beene mistaken by many of Our subjects in that Our ancient Kingdome as if Wee had intended innovation in Religion or Lawes yet considering nothing to be more incumbent to the duty of a Christian King then the advancement of Gods glory and the true Religion forgetting what is past We have seriously taken to Our Princely consideration such particulars as may settle and establish the truth of Religion in that Our ancient Kingdome and also to satisfie all Our good people of the reality of Our intentions herein having indicted a free Generall Assembly to be kept at Glasgow the 21. of this instant Wee have likewise appointed Our Commissioner to attend the same from whom you are to expect Our pleasure in every thing and to whom Wee require you to give that true and due respect and obedience as if Wee were personally present Our selves And in full assurance of Our consent to what he shall in Our name promise We have signed these and wills the same for a testimonie to posterity to bee registred in the Bookes of the Assembly At White-Hall the 29. of October 1638. THen they called againe for the choice of a Moderator at which time one Doctor Hammilton presented to Our Commissioner a Declinator and Protestation in the name of the Bishops against the Assembly containing the nullities of it with a desire that it might be read and a publique Act entred for the production of it Upon this there arose a very great heat in the Assembly they alledging that nothing could be done untill a Moderator was chosen and they did directly refuse to reade the said Declinator upon which both Our Commissioner entred a Protestation in Our Clerke of Registers hands against the refusall of it and tooke instruments thereupon and so likewise did Doctor Hammilton in the name of the Bishops At last they proceeded to the choice of a Moderator to which before Our Commissioner gave way hee entred as before another Protestation that their Act of chusing should neither prejudice Our Prerogative and Authoritie nor any Law or Custome of that Church and Kingdome nor barre him when he should see cause from taking legall exceptions either against the person elected or the illegalitie of his election And so they having put divers other stales upon the List accordingly as it was resolved upon before at their Tables in Edinburgh without one contrarie voice except his owne who could not chuse himselfe one Master Alexander Henderson the prime and most rigid Covenanter in the Kingdome was chosen Moderator The third day Our Commissioner at their first meeting required againe that the Bishops Declinator and Protestation might be read which hee conceived they had promised after the Moderator should be chosen but they rejected it againe adding then that the Assembly must be fully constituted of all it members and bee once an Assembly before any thing could be presented to it To which it was answered by Our Commissioner That hee required it onely to be read not to be discussed untill the members of the Assembly were constituted by allowing of their severall Commissions because this Declinator contained reasons why either all or at least some elected should not be admitted Commissioners in the Assembly because of the nullities of the elections expressed in the Declinator which reasons containing the said nullities might perswade as they hoped with them for the rejecting their Commissions which could not bee done after their approving and allowing of them and so by vertue of these Commissions admitting them for constituted members of the Assembly The reason why Our Commissioner did so earnestly urge the reading of that Declinator was because he did fore-see the fallacie which they meant to use viz. The Declinator cannot be read before the Assembly bee constituted and they fearing that the Declinator contained reasons against the constitution of it by such members as were elected and that after they were once admitted it was too late to alledge any reasons for then they were sure to answer that all elections were discussed and the members of the Assembly received and therefore nothing then to bee heard against either which indeed afterward was their very answer There was nothing left here to Our Commissioner but entring a Protestation as formerly and solemnly calling themselves to witnesse whether with any shew of justice the reading of the Bishops Protestation could bee denied before the elections were admitted the principall aime of it being to shew reasons why they could not be admitted wondering with what colour or face they above all men could doe it who had read and published so many Protestations both against Our Proclamations and Acts of Our Councell and so how they could denie to Our Commissioner a thing required in Our name and by Our authoritie which they themselves had practised without any warrantie or authoritie at all But all in vaine for not the least resolution taken at Edinburgh must suffer any abatement and therefore rejecting the reading of the Declinator they first put by the Clerke of the Assembly his sonne who by reason of his fathers sicknesse had a lawfull deputation from him and whom as it seemeth they afterward wrought to a demission and went on to the election of a new Clerke whom without one contrarie voice they did chuse viz. one Master Archibald Johnston an Advocate the Clerke of their Tables at Edinburgh against whose election Our Commissioner likewise protested as formerly At his admission hee made a short speech declaring against his conscience his unwillingnesse to accept that charge but yet affirming that at this time hee would not bee wanting to contribute his part towards the defence of the prerogative of the Sonne of God as if that now had been in any danger The fourth day they begun the reading of the severall Commissions Our Commissioner as formerly entred a Protestation to take exception against their elections in his owne due time onely hee was content they should goe on that he might see their justice in allowing or disallowing the elections of which he knew many to be very untoward and made with violence Now the Reader is carefully to observe their partialitie in admitting or rejecting elections for wheresoever there was a Non-covenanter chosen of which number there were not above two or three or any moderate Covenanter not designed by them at Edinburgh and chosen according to their secret instructions with which the Reader shall afterward be made acquainted them they either quite rejected or suspended from voice untill some exceptions made against their election should bee discussed
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
seen prejudice of Authority and lawfull monarchicall government And notwithstanding it was evidently manifest by the illegall and unformall course taken in the election of the Commissioners for the Assembly whereof some of them were under the censure of this Church some under the censure of the Church of Ireland some long since banished for open and avowed teaching against Monarchie others of them suspended and some admitted to the Ministerie contrary to the forme prescribed by the lawes of this Kingdome others of them rebells and at the Horne some of them confined and all of them by oath and subscription bound to the overthrow of Episcopall Government And by this and other their under-hand working and private informations and perswasions have given just ground of suspicion of their partialitie and so made themselves unfit judges of what concerneth Episcopacie And al 's albeit it was sufficiently cleared by the peremptory and illegall procedures of the Presbyteries who at their owne hand by order of Law and without due forme of processe thrust out Moderatours lawfully established and placed others whom they found most inclinable to their turbulent humours associate to themseves for chusing of the Commissioners to the Assembly a Laick-Elder out of each Parish who being in most places equall if not moe in number then the ministerie made choice both of the ministers who should be Commissioners from the Presbyteries as also of a Laick-Elder which in time will prove to be of a dangerous consequence and import a heavie burthen to the libertie of Church and Church-men being more directed therein by the warrants of the foresaid pretended Tables then by their owne judgements as appeared by the severall instructions sent from them farre contrary to the Lawes of this Country and lowable custome of this Church some whereof were produced and exhibit by Our Commissioner and publikly read One whereof direct to the Noblemen and Barons of each Presbyterie doth among many other odde passages require diligence lest say they by our owne sillinesse and treacherie wee lose so faire an occasion of our libertie both Christian and Civill a strange phrase to proceed from dutifull or loyall hearted subjects The other to the Moderatours of the severall Presbyteries under the title of Private Instructions August 27. first containeth that these private instructions shall be discovered to none but to brethren well affected to the cause secondly order must be taken that none be chosen ruling Elders but Covenanters and those well affected to the businesse thirdly that where the Minister is not well affected the ruling Elder be chosen by the Commissioners of the shire and spoken to particularly for that effect fourthly that they be carefull that no Chappelmen chaptermen or Minister justice of peace be chosen although Covenanters except they have publikly renounced or declared the unlawfulnesse of their places fifthly that the ruling Elders come from every Church in equall number with the Ministers and if the Minister oppose to put themselves in possession notwithstanding of any opposition sixthly that the Commissioner of the shire cause conveen before him the ruling Elder of every Kirk chosen before the day of the election and enjoyne them upon their oath that they give vote to none but to those who are named already at the meeting at Edinburgh seventhly that where there is a Nobleman in the bounds of the Presbyterie he be chosen and where there is none there be chosen a Baron or one of the best quality and he onely a Covenanter eighthly that the ablest man in every Presbyterie be provided to dispute de potestate supremi magistratus in Ecclesiasticis praesertim in convocandis conciliis c. Whereby it is most evident what prelimitations indirect and partiall courses and dangerous propositions have beene used in the preparations and elections to this pretended Assembly By which unlawfull doings although Wee had sufficient reason to have discharged the meeting of the said Assembly yet We were pleased patiently to attend the same still hoping that when they were met together by the presence of Our Commissioner and assistance of some well affected subjects who were to be there and by their own seeing the real performance of what was promised by Our Proclamation they should have bin induced to return to the due obedience of subjects But when We perceived that their turbulent dispositions did increase as was manifest by their repairing to the said pretended Assembly with great troups and bands of men all boddin in fear of war with guns Pistolets contrary to the lawes of this Kingdome and in high contempt of Our Proclamation at Edinburgh the 16. day of Novemb. last And also by the peremptory refusing to the assessors authorized by Us although fewer in number then Our dearest Father was in use to have the power of voting in this Assembly as formerly they had done in all others openly averring that We nor Our Commissioner had no further power there then the meanest Commissioner of their number by their partial and unjust refusing not suffering to be read the reasons arguments given in by the Bishops their adherents to Our Commissioner why they ought not to proceed to the election of a Moderatour neither yet to the trying and admitting of the Commissioners before they were heard though in Our name they were earnestly required thereto by Our Commissioner and notwithstanding that Our Commissioner by warrant from Us gave in under his hand a sufficient Declaration of all that was contained in Our late Proclamation bearing likewayes Our pleasure of the registration of the same in the books of Assembly for all assurance of the truth and puritie of Religion to all Our good subjects as doth clearly appear by the declaration it self wherof the tenor follows The Kings Majesty being informed that many of his good subjects have apprehended that by the introducing of the Service Book and Booke of Canons the inbringing of 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 and either of them and annulls and rescinds all Acts of Councell Proclamations and other acts and deeds whatsoever that have beene made or published for establishing them or either of them and declares 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 the subject established the high Commission that thereby justice might be administrate and the faults and errours of such persons as are made lyable thereto taken order with and punished with the more conveniencie and lesse trouble to the people But finding his gracious intention therein to be mistaken hath beene pleased to discharge like as by these Hee doth discharge the same and all acts and deeds whatsoever made for establishing thereof And the Kings Majesty being informed that the urging of the five Articles of Perth Assembly hath
use the power God had put in their hands for removing all innovations and setling the purity and peace of this Kirke And seeing in this Proclamation his Majesties declaration is insert ad longum and the Assembly taxed for not being fully satisfied therewith we are enforced to repeat here the reasons which moved the Assembly not to think the same satisfactory in hope that they comming to his Majesties sacred eares may procure the continuance of his benigne favour so acceptable to this Kirke by the indiction of this Assembly and production of the said declaration and obtain his Royall approbation to the whole acts and proceedings of this Assembly which is heartily wished and would replenish the hearts of all good subjects with abundant joy and contentment And first where his Majestie hath discharged the Service Book and Book of Canons and practice of both and all Acts Proclamations and ordinances made for establishing thereof upon information that by the introduction of them the subjects have apprehended the inbringing of Popery superstition to have beene intended Neither the discharge nor the ground thereof are satisfactory Not the first because as some Acts and Proclamations did serve for their establishing so others gave them an high approbation as fit means to maintaine religion and beat down all superstition And therefore though those which established them be rescinded yet those which approved them do remaine and may bring forth other Acts and Proclamations for restoring them or the like hereafter if these books receive not a publick censure by the generall Assembly as the only judge competent to bar them and the like in all time comming Seeing Acts of Councell and Proclamations are frequent and variable and yet are no legall valid meane either to introduce or abolish any thing concerning the doctrine and discipline of the Kirke wherein they neither can meddle nor secure the subjects Next seeing by the constitutions of this Kirke the generall Assembly hath onely power to determine concerning the matters of Gods publick worship And that the framers of these books who called themselves the representative Kirk made them to be practised in sundry places of the countrey by their own authority and that which they borrowed from the Lords of secret Councell Therefore it was most necessarie that the same should be discharged by the generall Assembly the onely true representative Kirk of this nation for vindicating her just right from violent usurpation and preventing the like in time comming Not the second for the subjects have just grounds of perswasion that the Prelats their followers the framers followers of those books intended the inbringing of Popery and superstition by the introducing thereof because 1. Many grosse points of Popery and superstition are not onely closely couched under the cover of ensnaring ambiguities the most insinuating way of errours and best mask to superstition but also expresly contained in the Books themselves as was made manifest by sundry treatises read and considered in the Assembly and is now so declared by the Assembly 2. The framers and favourers of these Books in their sermons and conferences have vented sundry Popish errours and approven Popish superstitions which fully detecteth and leaveth no doubt of their intention in the introducing of Books so full of Popery and superstition Secondly the discharge of the high Commission by his Majesties Proclamation or Declaration cannot be sufficient because first his Majesty declareth that he established the same for the ease and benefit of the Subjects that justice might be administrate with the more conveniencie and lesse trouble of the people And now dischargeth it because the subjects have mistaken his gracious intention So that if the mistaking be removed that which is conceived of it selfe to serve for administration of justice with ease and benefit to the subjects may bee established upon pretention of the removeall of all such mistakings Secondly though the acts and deeds made for establishing thereof bee rescinded yet the acts past heretofore by the high Commission are not rescinded And so the subjects censured by it are still esteemed under these censures as appeareth by the tenour of the Proclamation wherein the Assembly is taxed as consisting of some members that are under the censures of this Kirke meaning the Bishops censure in the high Commission Thirdly it being found contrary to the acts of Parliament and acts of generall Assembly and extremely derogatory to them and all other subalterne iudicatories both civill and Ecclesiasticall which is made clearely manifest by a treatise presented to the generall Assembly and it being devised and brought in by the suggestion of Bishops as a meane whereby they might and have unlawfully tyranized over all the subiects Therefore it is necessary that the Parliament and generall Assembly the highest civill and Ecclesiasticall iudicatories that have been wronged should by their severall sentences utterly abolish it as unlawfull and hurtfull Thirdly whereas his Majesty dispenseth with the practice of Pearth Articles dischargeth all from urging the practice thereof freeth from censures for not urging or practising them notwithstanding of any thing contained in the acts of Parliament or generall Assembly to the contrary and is content that the Assembly take the same so far to their consideration as to represent it to the next Parliament there to be ratified as the Estates shall finde fitting These cannot satisfie because first a dispensation with the practice without a simple discharge leaveth it still arbitrary to those who will practice and so continueth the rent and distractions in this Kirke Secondly although his Maiestie had discharged the practice of them by his Proclamation or Declaration yet the subiects had not been put in security thereby except the generall Assembly to whose tryall they belong and were referred by all the subscribers of the Confession in March doe either repell the articles of Perth or upon good reason declare that Assembly null since his Maiesties Proclamation or Declaration is not a sufficient warrant to infringe an act of Assembly or Parliament made to the contrary Thirdly by tying the Assembly to take the same no further unto their consideration then to represent it to the next Parliament the Assembly is both prelimitate whereanent refers to the six reasons against prelimitation insert in our Protestation September 22. and weakned in power as if it might not judge and determine in matters meerely Ecclesiasticall without a licence from his Majestie or a reference to the Parliament whereas the generall Assembly is supreme and independent in matters Ecclesiasticall as the Parlament is in civill so that when the acts of Assembly are ratified in Parliament the same is for adioyning the civill sanction to the Ecclesiastick constitution for the great terrour of transgressors Fourthly anent the oaths administrate to Ministers at their entry it hath not onely beene pretended but is certaine and will be made manifest to the Assembly which also now is done