not as Our friends but as Our foes not Protestants but the most rigid of Papists Jesuites and so being without in this point not bring any scandal upon Us who are within especially considering that though these men have gone about to wound the Reformed Religion through Our sides and by opposing Us whom God hath honoured with this speciall favour for no lesse We accompt it of being the chief Prince whom he hath made choice of for the Protector and Defender of it Though We say these men have done what they can to weaken this our Religion by striking at the authoritie of the principall prop and stay of it upon earth under God yet We by the grace of God are fully resolved to wipe away that aspersion and remove that scandall from Our Profession and Religion by Our constant not onely adherence to it but maintenance and defence of it with the uttermost of that power which God hath put in Our hands notwithstanding all those scandals which these men by their wicked practices and worse positions have laid upon it Secondly We hope that all men will do Us so much right as to beleeve that whatsoever course We shall hereafter take for the Asserting of the Reformed Religion and repressing the insolencies of such of Our subjects as doe oppose it and Us in the just and undoubted right of Our Regalitie while they pretend Religion shall not be thought to be by way of a warre but by way of a Prince the Father of his Country his chastising his unruly children which is never in anger but in love and for their good And if by their stubbornnesse they shall force Us to a severitie unpleasing to Us and unwelcome to them We call Him by whom We reigne to witnesse and heaven and earth and all the world to record that they with their owne hands doe unsheath Our just sword which Wee cannot but use as the Minister of God unlesse We will betray that trust which the King of Kings hath reposed in Us for the maintenance of Religion and Justice amongst all His people whom He hath committed to Our charge And if God will have it so that for their resisting Him and Us His Anointed servant and their Soveraigne He will have some of their bad bloud shed We shall ever make accompt that that bloud is let out of Our owne veines nor shall We draw any drop of it in any other case then a faithfull Physician will and must doe for the preservation of the whole body THat Religion is onely pretended and used by them as a cloak to palliate their intended Rebellion is demonstrative by this That the seeds of this Sedition were sowen by the plotters of their Covenant made under the pretence of Religion long before any of the grievances or pretended innovations in Religion complained of by them were ever heard of amongst them For the truth is that some yeares after Our comming to the Crowne by the advice both of some of Our principall Councellors and Officers of State there as also by the advice of Our learnedest Advocates and Counsellers at law according to the example of many of Our Royall Progenitors of happie memorie Kings and Queens of that Our Kingdome We did make a legall revocation of such things as had beene passed away in prejudice of the Crowne especially by some of Our late Royall Progenitors in their minorities a course warranted by the lawes and many yeares practice of that Our Kingdome With this course some of the principall contrivers of this their present Covenant found themselves much aggrieved and much of their estates brought within the compasse and danger of Our lawes which made them presently begin to grumble and repine and privately as much as they durst and as in them lay to worke underhand in Our subjects mindes a distaste of Our government Which Wee made accompt Wee had quickly rectified by shewing to all Our subjects interessed in that Revocation Our gracious clemencie in waiving all the advantages which Our lawes gave Us in many of their estates So that after We had made it apparent to Our subjects how obnoxious many of them and their estates were unto Us and Our lawes We likewise did make as apparent unto them Our singular grace and goodnesse by remitting not onely the rigour but even the equitie of Our lawes insomuch that none of all Our subjects could then or can now say that they were damnified in their persons or estates by that our Revocation or any thing which ensued upon it Yet for all this the principall present malecontents did then begin to perswade with such as they thought they might be boldest with a disaffection to Our government And not seeing how they could easily obtrude upon them the old and usuall pretence of discontent viz. Religion by a strained and farre-fetched inference they did not sticke to lay the envie of the procuring that harmelesse Revocation by which no man suffered upon the present Prelates who in this were as innocent as the thing it selfe was Onely because they hoped that the very name of Church-men or Religious persons should in the point of faction have that operation with their followers which they conceived the Church or Religion it selfe might have had if they could have seene how to have perswaded them that by this Revocation either of them had beene endangered A second symptome of their discontent appeared not long after this upon this occasion Wee having daily heard the grievous complaints of many of Our subjects of that Kingdome of all sorts especially of the Gentrie and their Farmers who paid their tythes to the Nobilitie or such others whom they in that Kingdome call Lords of the Erection or Laicke Patrons here in England we call Impropriators how that in the leading or gathering of their tythes these Lords and Laicke Patrons did use and practise the uttermost of that severitie which the law alloweth them how they would not gather their tythes when the owners of the corne desired them but when it pleased themselves by which meanes the owners by the unseasonablenesse of the weather were manie times damnified to the losse of their whole stocke or most part of it the law of that Kingdome being in that point so strict as no owner may carrie away his nine parts or any part of them untill the proprietarie of the tythes have set out his tenth part As likewise understanding at the same time the deplorable estate of the Ministers of that Our Kingdome in the point of maintenance how that they received no tythes in their parishes but some poore pittance either by way of a stipendiarie benevolence or else some mean allowance from these Lords of Erections or Laick Patrons unworthie of the Ministers of the Gospel and which exposed them to all manner of contempt and a base dependance upon their Patrons Wee at the instance and humble petition not of a few but of the whole Clergie and with them of the whole payers
Act. 99. Parl. 7. Act. 23. Parl. 11. Act. 114. Parl. 12. Act. 160. Parl. 13. K. James 6. ratified by Act. 4. K. Charles So that Act. 6. Parl. 1. and Act. 68. Parl. 6. of K. James 6. in the yeare of God 1579. declares the Ministers of the blessed Evangel whom God of his mercie had raised up or hereafter should raise agreeing with them that then lived in Doctrine and administration of the Sacraments and the people that professed Christ as he was then offered in the Evangel and doth communicate with the holy Sacraments as in the reformed kirkes of this Realme they were presently administrate according to the Confession of Faith to be the true and holy kirk of Christ Jesus within this Realme and decernes and declares all and sundrie who either gainsayes the VVord of the Evangel received and approved as the heads of the Confession of Faith professed in Parlament in the yeare of God 1560. specified also in the first Parlament of K. James 6. and ratified in this present Parlament more particularly do specifie or that refuses the administration of the holy Sacraments as they were then ministrated to be no members of the said kirk within this Realme and true Religion presently professed so long as they keepe themselves so divided from the societie of Christs bodie And the subsequent Act. 69. Parl. 6. K. James 6. declares That there is no other face of kirke nor other face of Religion then was presently at that time by the favour of God established within this Realme which therefore is ever stiled Gods true Religion Christs true Religion the true and Christian Religion and a perfect Religion Which by manifold Acts of Parlament all within this Realme are bound to professe to subscribe the articles thereof the Confession of Faith to recant all doctrine and errours repugnant to any of the said Articles Act. 4. and 9. Parl. 1. Act. 45.46.47 Parl. 3. Act. 71. Parl. 6. Act. 106. Parl. 7. Act. 24. Parl. 11. Act. 123. Parl. 12. Act. 194. and 197. Parl. 14. of K. James 6. And all Magistrates Sheriffes c. on the one part are ordained to search apprehend and punish all contraviners for instance Act. 5. Parl. 1. Act. 104. Parl. 7. Act. 25. Parl. 11. K. James 6. And that notwithstanding of the Kings Majestes licences on the contrary which are discharged and declared to be of no force in so farre as they tend in any wayes to the prejudice and hinder of the execution of the Acts of Parlament against Papists and adversaries of true Religion Act. 106. Par. 7. K. James 6. on the other part in the 47. Act. Parl. 3. K. James 6. it is declared and ordained seeing the cause of Gods true Religion and his Highnesse Authority are so joyned as the hurt of the one is common to both and that none shall be reputed as loyall and faithfull subjects to our Soveraigne Lord or his Authority but be punishable as rebellers and gainstanders of the same who shall not give their Confession and make their profession of the said true Religion and that they who after defection shall give the Confession of their faith of new they shall promise to continue therein in time comming to maintaine our Soveraigne Lords Authoritie and at the uttermost of their power to fortifie assist and maintaine the true Preachers and Professours of Christs Religion against whatsoever enemies and gainstanders of the same and namely against all such of whatsoever nation estate or degree they be of that have joyned and bound themselves or have assisted or assists to set forward and execute the cruell decrees of Trent contrary to the Preachers and true Professours of the Word of God which is repeated word by word in the Articles of Pacification at Pearth the 23 of February 1572. approved by Parlament the last of Aprill 1573. ratified in Parlament 1578. And related Act. 123. Parl. 12. of K. James 6. with this addition That they are bound to resist all treasonable uproares and hostilities raised against the true Religion the Kings Majestie the true Professors Like as all lieges are bound to maintain the K. Majesties Royal Person and authority the authority of Parlaments without the which neither any laws or lawful judicatories can be established Act. 130. Act. 131. Par. 8. K. Ja 6. the subjects liberties who ought only to live and be governed by the Kings lawes the common lawes of this Realm allanerly Act. 48. Parl. 3. K. James 1. Act. 79. Parl. 6. K. James 4 repeated in Act. 131. Parl. 8. K. James 6. VVhich if they be innovated or prejudged the Commission anent the union of the two kingdomes of Scotland and England which is the sole Act of the 17. Parl. of K. James 6. declares such confusion would ensue as this Realme could be no more a free Monarchie because by the fundamentall lawes ancient priviledges offices and liberties of this kingdome not onely the Princely authoritie of his Majesties royall discent hath bin these manie ages maintained but also the peoples securitie of their lands livings rights offices liberties dignities preserved and therefore for the preservation of the said true Religion Lawes and Liberties of this kingdome it is statute by Act. 8. Parl. 1. repeated in Act. 99. Parl. 7. ratified in Act. 23. Parl. 11. and 114. Act. of K. James 6. and 4. Act. of K. Charles That all kings and Princes at their Coronation and reception of their Princely authoritie shall make their faithfull promise by their solemn oath in the presence of the eternall God that enduring the whole time of their lives they shall serve the same eternall God to the uttermost of their power according as he hath required in his most holy VVord contained in the old and new Testaments And according to the same VVord shall maintain the true Religion of Christ Jesus the preaching of his holy VVord the due and right ministration of the Sacraments now received and preached within this Realme according to the Confession of Faith immediately preceding and shall abolish and gainstand all false Religion contrarie to the same and shall rule the people committed to their charge according to the will and command of God revealed in his foresaid VVord and according to the lowable lawes and constitutions received in this Realm no waies repugnant to the said will of the eternall God and shal procure to the uttermost of their power to the kirk of God and whole Christian people true and perfit peace in all time comming and that they shall be carefull to root out of their Empire all Hereticks and enemies to the true worship of God who shall be convicted by the true kirk of God of the foresaid crimes which was also observed by his Majesty at his Coronation in Edinburgh 1633. as may be seene in the order of the Coronation In obedience to the commandement of God conform to the practice of the godly in former times and according to the laudable example
of our worthy and religious Progenitors and of many yet living amongst us which was warranted also by Act of Councell commanding a generall Band to bee made and subscribed by his Majesties subjects of all ranks for two causes One was for defending the true Religion as it was then reformed and is expressed in the Confession of Faith above written and a former large Confession established by sundrie acts of lawfull Generall Assemblies and of Parlament unto which it hath relation set downe in publicke Cathechismes and which had beene for many yeeres with a blessing from heaven preached and professed in this Kirk and Kingdome as Gods undoubted truth grounded onely upon his written Word The other cause was for maintaining the Kings Majestie his Person and Estate the true Worship of God and the Kings authoritie being so straightly joyned as that they had the same friends and common enemies and did stand and fall together And finally being convinced in our minds and confessing with our mouthes that the present and succeeding generations in this Land are bound to keep the foresaid nationall Oath and subscription inviolable We Noblemen Barons Gentlemen Burgesses Ministers and Commons under subscribing considering divers times before and especially at this time the danger of the true reformed Religion of the Kings honour and of the publicke peace of the Kingdome by the manifold innovations and evils generally contained and particularly mentioned in our late supplications complaints and protestations doe hereby professe and before God his Angels and the World solemnely declare That with our whole hearts wee agree and resolve all the daies of our life constantly to adhere unto and to defend the foresaid true Religion and forbearing the practice of all novations already introduced in the matters of the worship of God or approbation of the corruptions of the publick Government of the Kirk or civill places and power of Kirkmen till they bee tryed and allowed in free Assemblies and in Parlaments to labour by all meanes lawfull to recover the purity and libertie of the Gospel as it was established and professed before the foresaid novations And because after due examination wee plainly perceive and undoubtedly beleeve that the Innovations and evils contained in our Supplications Complaints and Protestations have no warrant of the Word of God are contrary to the Articles of the foresaid Confessions to the intention and meaning of the blessed Reformers of Religion in this Land to the above written Acts of Parlament and doe sensibly tend to the re-establishing of the Popish Religion and tyranny and to the subversion and ruine of the true Reformed Religion and of our Liberties Lawes and Estates VVe also declare that the foresaid Confessions are to bee interpreted and ought to be understood of the foresaid novations and evils no lesse then if everie one of them had beene expressed in the foresaid Confessions and that wee are obliged to detest and abhorre them amongst other particular heads of Papistrie abjured therein And therefore from the knowledge and conscience of our dutie to God to our King and Countrey without any worldly respect or inducement so farre as humane infirmitie will suffer wishing a further measure of the grace of God for this effect VVe promise and sweare by the Great Name of the Lord our GOD to continue in the Profession and Obedience of the foresaid Religion That we shall defend the same and resist all these contrarie errours and corruptions according to our vocation and to the uttermost of that power that God hath put in our hands all the dayes of our life And in like manner with the same heart we declare before God and Men That we have no intention nor desire to attempt any thing that may turne to the dishonour of God or to the diminution of the Kings Greatnesse and Authoritie But on the contrarie we promise and sweare that wee shall to the uttermost of our power with our meanes and lives stand to the defence of our dread Soveraign the Kings Majestie his Person and Authoritie in the defence and preservation of the foresaid true Religion Liberties and Lawes of the Kingdome As also to the mutuall defence and assistance everie one of us of another in the same cause of maintaining the true Religion and his Majesties Authoritie with our best counsell our bodies meanes and whole power against all sorts of persons whatsoever So that whatsoever shall be done to the least of us for that cause shall be taken as done to us all in generall and to everie one of us in particular And that we shall neither directly nor indirectly suffer our selves to be divided or withdrawn by whatsoever suggestion combination allurement or terrour from this blessed and loyall Conjunction nor shall cast in any let or impediment that may stay or hinder any such resolution as by common consent shall be found to conduce for so good ends But on the contrarie shall by all lawfull meanes labour to further and promove the same and if any such dangerous and divisive motion be made to us by VVord or VVrit wee and everie one of us shall either suppresse it or if need be shall incontinent make the same known that it may bee timously obviated neither do we feare the foule aspersions of rebellion combination or what else our adversaries from their craft and malice would put upon us seeing what we do is so well warranted and ariseth from an unfained desire to maintaine the true worship of God the Majestie of our King and the peace of the Kingdome for the common happinesse of our selves and the posteritie And because we cannot look for a blessing from God upon our proceedings except with our Profession and Subscription we joyne such a life and conversation as beseemeth Christians who have renewed their Covenant with God VVee therefore faithfully promise for our selves our followers and all others under us both in publike in our particular families and personall carriage to endevour to keep our selves within the bounds of Christian libertie and to be good examples to others of all Godlinesse Sobernesse and Righteousnesse and of everie dutie we owe to God and Man And that this our Union and Conjunction may bee observed without violation VVee call the living God the Searcher of our Hearts to witnesse who knoweth this to be our sincere Desire and unfained Resolution as we shall answer to JESUS CHRIST in the great day and under the paine of Gods everlasting wrath and of infamie and of losse of all honour and respect in this World Most humblie beseeching the LORD to strengthen us by his holy Spirit for this end and to blesse our desires and proceedings with a happie successe that Religion and Righteousnesse may flourish in the Land to the glorie of God the honour of our King and peace and comfort of us all In witnesse whereof we have subscribed with our hands all the premisses c. TO dispute against this Covenant scholastically or otherwise then by
State excuseth our uncessant and importune calling for these present remedies Doth insinuate the continuance and execution of any pretended Lawes for these innovations of worship and corruptions of Church government and civill places of Church-men which by our Covenant wee have obliged our selves to forbeare and the re-establishment of these evils in an Assembly and Parliament which hee will call in his best convenience to wit for that and this other end of satisfying his subjects judgements anent the Service Booke and Book of Canons Doth condemne all our former proceedings even our supplicating complaining protesting subscribing of our Covenant together and our continuall meetings as great disorders increase of disorders deserving justly a powerfull rather then a perswasive way a running headlong into ruine a perishing in our faults a blind disobedience under pretext of Religion and doth threaten denounce Now once for all If we be not heartily satisfied and give testimony of our obedience after this Declaration but continue as by our former proceedings to draw on our owne ruine that albeit unwillingly he must make use of that power which God hath indued him with for reclaiming of so disobedient people THerefore we in our own name and in name of all who will adhere to the Confession of Faith and reformation of Religion within this Land are forced and compelled out of our bound duty to God our King native Country our selves and our posterity lest our silence should be prejudiciall to so important a cause as concernes Gods glory and worship our Religion and salvation the Lawes and Liberties of this Church and Kingdome or derogatory to our former supplications complaints protestations Articles and proceedings or unanswerable to the solemne oath of our nation covenant with God To declare before God and man and to protest Primo That we doe and will constantly adhere according to our vocation and power to the said Reformation in doctrine use of Sacraments and discipline And that notwithstanding of any innovations introduced therein either of old or of late Secundo we potest That we adhere to the grievances supplications and protestations given in at Assemblies and Parliaments and to our late supplications complaints protestations and other lawfull proceedings against the same and particularly against the Service book and booke of Canons as maine innovations of Religion and Lawes and full of Popish superstition and so directly contrary to the Kings Declaration And against the High Commission as a judicatory established contrary to the Lawes and Liberties of this Church and Kingdome and destructive of other lawfull judicatories which both in respect of the nature of it and manner of introduction without consent of the three Estates of Parliament cannot be any wayes rectified but absolutely discharged Tertio we protest That we adhere with our hearts to our Oath and subscription of the Confession of Faith the solemne Covenant betweene God this Church and Kingdome and the clauses particularly therein expressed and generally contained and to our last Articles for the peace of this Kirke and Kingdome drawne out of it and to all the matters therein contained and manner of remedy therein desired Quarto We protest that this Proclamation or act of Councell or any other act or Proclamation or Declaration or ratification thereof By subscription or act or letter or any other manner of way whatsoever or any precondemnation of our cause or carriage before the same be lawfully heard and tryed in the supreme judicatories of this Kirk and Kingdome the onely proper judges to nationall causes and proceedings or any certification or threatning therein denounced shall no waies be prejudiciall to the Confession of Faith lawes and liberties of this Kingdome nor to our supplications complaints protestations articles lawfull meetings proceedings pursuits mutuall defences nor to our persons and Estates and shall no wayes be disgracefull either in reality or opinion at home or abroad to us or any of us But on the contrary that any act or letter or subscription of the Councell carrying the approbation of the declaration and condemnation of our proceedings indicta causa is and ought to be repute esteemed unjust illegall null as here before God and man we offer to clear to verifie both the justice of our cause and carriage and the injustice of such acts against us in the face of the first generall Assembly of the Church Parliament of the Estates unto whom with all solemnities requisite we do publikly appeal Quinto We protest that seeing our former supplications last Articles our last desire and petition to his Majesties Commissioner which petitioned for the present indiction of a free general Assembly Parliament according to the law and custome of all nations of this nation in the like case to hear the desires ease the grievances settle the fears of the body of the Church Kingdome are thus delayed in effect refused to wit Once for all till his Majesties conveniency for the end contained in this Proclamation that We continue by thir presents to supplicate his Majesty again and again for the granting of the same And whatsoever trouble or inconvenience fall out in this land in the mean time for want of these ordinary remedies and by the practice of any of these innovations evils contrary to our supplications articles confession it be not imputed unto us who most humbly beg these lawfull remedies but also that it is shall be lawfull unto us to defend and maintain the Religion lawes and liberties of this Kingdome the Kings Authority in defence thereof every one of us one another in that cause of maintaining the Religion and the Kings foresaid Authority according to our power vocation and Covenant with our best counsel bodies lives means whole strength against all persons whatsoever against all externall or internall invasions menaced in this Proclamation Like as that in the great exigencie of the Church necessitating the use of this ordinary and lawfull remedies for settling the commotions thereof it is and shall be leasome unto us to appoint hold and use the ordinary means our lawfull meetings and Assemblies of the Church agreeble to the Law of God and practice of the primitive Church the Acts of the generall Assemblies and Parliaments and the example of our Worthy Reformers in the like case Sexto We protest that our former Supplications Complaints Protestations Confessions meetings proceedings and mutuall defences of every one another in this cause as they are and were in themselves most necessary and orderly meanes agreeable to the lawes practice of this Church and Kingdome to be commended as reall duties of faithfull Christians loyall Subjects and sensible members of the body of the Church and Kingdome and no wise to be stiled nor accounted great disorders misdemeanors blind disobedience under pretext of Religion and running headlong into ruine c. So they proceeded only from conscience of our duty to God our King native
would be most willing to indict a free generall Assembly and call a Parliament for those good ends but that your Grace as His Majesties Commissioner hath conceived the Confession of faith and Covenant latelie renewed by us His Majesties subjects to be an unlawfull combination against Authority thereby to cast off our dutifull obedience and not a Covenant for maintaining of true Religion of His Majesties Person and Authority and of the Laws and Liberties of the Kingdome And we being most willing to remove that as the maine hinderance of the obtaining of our desires Therefore and for clearing of our loyaltie and vindicating our selves from so great an imputation Wee do now in all humility remonstrate to your Grace as His Majesties Commissioner and declare before God and men that we are heartily grieved and sorrie that any good man but most of all that our dread Soveraigne should so conceive of our doing And that we were and still are so faâ—re from any thought of withdrawing our selves from our dutifull subjection and obedience to His Majesties government which by the descent and under the raigne of 107 Kings is most chearfully acknowledged by us and our predecessours that we never had nor have any intention or desire to attempt any thing that may turne to the dishonour of God or diminution of the Kings greatnesse and authority But on the contrary we acknowledging our quietnesse stability and happinesse to depend upon the safety of the Kings Majestie as upon Gods Vicegerent set over us for maintenance of Religion and ministration of Justice have solemnly sworne not onely our mutuall concurrence and assistance for the cause of Religion but also to the uttermost of our power with our meanes and lives to stand to the defence of our dread Soveraigne the Kings Majestie His Person and Authority in the preservation and defence of the true Religion Liberties and Lawes of the Kingdome And therefore we His Majesties loyall subjects free from that and all other imputations of that kinde most humbly beseech your Grace to esteeme that our Confession of Faith and Covenant to have been intended and to be the largest testimony of our fidelity to God and loyaltie to our King And that hinderance being removed must still supplicate that your Grace would be pleased to indict a free generall Assembly and Parliament which will undoubtedly redresse all our evils settle the peace of the Kirk and Kingdome and procure that chearfulnesse of obedience which ought to be rendred to His Majesty carrying with it the offer of our fortunes and best endeavours for His Majesties honour and happinesse as a reall testimony of our thankfulnesse and our hearty prayers to God that His Majestie may long and prosperously raigne over us NOw doth this Petition deserve the name of an explication of their Covenant much lesse of such an explication as should give either Us or Our Commissioner any satisfaction No for it containeth neither more nor lesse then this that they doe not meane to shake off their obedience if We will give way to all their courses which by this Petition they justifie so that their meaning is that they will continue obedient subjects if We will part from Our Soveraigntie which is in effect that they will obey if Wee will suffer them to command But where it was expected that to these words of their Covenant whereby they binde themselves to mutuall maintenance against all persons whatsoever should have beene added except the King and his successors that was refused though even that could have given no satisfaction unlesse We should give way to that which divers Acts of Parliament have made sedition and punishable with death Upon notice given by Our Commissioner of his intended departure the debatements at their Table grew very hot and fierie upon this point Whether they should presently indict a Generall Assembly and fall upon the violent courses intended by them or that they should grant some short time for his journey his stay with Us his returne to them againe with Our finall answer and last resolution and in the meane time promise that they would behave themselves quietly and peaceably and continue all things in statu quo untill his returne This last was agreed unto though not without much contrarietie of voices and so some of the principall Covenanters came and acquainted him with this their resolution which was That they would expect Our answer and his returne upon the fifth of August next at the furthest untill which time they would breake up their great meeting containe themselves and the people in quietnesse and peace but if by that day he did either not return or not bring with him from Us such an answere as they expected then they would hold themselves free and goe on to prosecute the courses which they had resolved upon And so Our Commissioner begun his journey towards Us. After Our Commissioner had at Greenwich made Us fully acquainted with all their insolencies We speedily dispatched him with new Instructions and commanded him to returne so that he might be backe in Scotland by the fifth of August and gave him order for the indicting both of a Generall Assembly and a Parliament but so that he should first be fully satisfied by all informations which he could conveniently receive of the constitution of a Generall Assembly with which perhaps many were not acquainted none having beene kept for divers yeares And therefore it did require good deliberation to agree both upon the members of the Assembly not for their persons but for their qualitie and of what things were usually treated and handled there No sooner was he returned into Scotland but he found all things in much worse case and in a farre greater combustion then he left them For he found that the heads of the faction being affraid that he might bring backe with him some satisfactory accommodation which Our subjects might like well but they themselves resolved to reject had in the time of his absence assured their followers that they might compasse their ends by such means and upon such conditions as themselves desired Nay they proceeded so far as to make the people beleeve what they knew to be most untrue viz. That Our Commissioner was well satisfied with all their proceedings and especially with their Covenant in regard of the late explication they had made of it and were so impudent as to use that inducement for an argument whereby they perswaded many of all sorts especially of the Ministers who had formerly stood out against their Covenant to enter into it in this short time of his absence from them And the three Ministers in their answers to the Queries of the Divines of Aberdene had the boldnesse to print that Our Commissioner rested satisfied with their Covenant according to their explication of it With which their notorious calumnie he found himselfe so highly injured in a point which so much concerned his loyaltie to Us and the trust reposed in
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
dissimulavi semper pertuli sed dissimulandi nunc locus non est quando decipiatur fraternitas nostra à quibusdam vestrûm qui dùm sine ratione restituendae salutis plausibiles esse cupiunt magis lapsis obsunt Lastly it is most manifest by the premises how absurd it is and contrarie to all reason and practise of the Christian Church that Archbishops and Bishops shall bee judged by Presbyters and more absurd that they should bee judged by a mixt meeting of Presbyters and Laicks conveening without lawfull authoritie of the Church How and by whom they are to bee judged according to the custome of ancient times may be seene by the Councell of Chalcedon Can. 9. and Concil Milevit Can. 22. and Concil Carthag 2. Can. 10. Nor do wee decline the lawfull triall of any competent judicatorie in the Kingdome especially of a generall Assemblie lawfully constitute or of his Majesties High Commissioner for any thing in life or doctrine can be laid to our charge onely we declare and affirme That it is against order decencie and Scripture that we should be judged by Presbyters or by Laicks without authority and Commission from Soveraigne authoritie For the reasons foresaid and many moe and for discharge of our dutie to God to his Church and to our Sacred Soveraigne lest by our silence we betray the Churches right his Majesties authoritie and our owne consciences We for our selves and in name of the Church of Scotland are forced to protest That this Assemblie bee reputed and holden null in Law Divine and humane and that no Church-man bee holden to appeare before assist or approve it and therefore that no letter petition subscription interlocutor certification admonition or other Act whatsoever proceeding from the said Assemblie or any member thereof be any wise prejudiciall to the Religion and Confession of Faith by Act of Parliament established or to the Church or any member thereof or to the jurisdiction liberties priviledges rents benefices and possessions of the same Acts of generall Assemblie of Councell and Parliament in favours thereof or to the three Estates of the Kingdome or any of them or to us or any of us in our persons or estates authoritie jurisdiction dignitie rents benefices reputation and good name but on the contrarie that all such Acts and deeds above mentioned and everie one of them are and shall be reputed and esteemed unjust illegall and null in themselves with all that hath followed or may follow thereupon And forasmuch as the said Assemblie doth intend as wee are informed to call in question discusse and condemne things not onely in themselves lawfull and warrantable but also defined and determined by Acts of generall Assemblie and Parliaments and in practice accordingly to the disgrace and prejudice of reformed Religion authoritie of the Lawes and Liberties of the Church and Kingdome weakning his Majesties authoritie disgracing the profession and practice which hee holdeth in the Communion of the Church where hee liveth and branding of Reformed Churches with the foule aspersions of Idolatrie and superstition wee protest before God and man That what shall bee done in this kinde may not redound to the disgrace or disadvantage of Reformed Religion nor be reputed a deed of the Church of Scotland Wee protest that wee imbrace and hold that the Religion presently professed in the Church of Scotland according to the Confession therof received by the Estates of this Kingdome and ratified in Parliament the yeare 1567. is the true Religion bringing men to eternall Salvation and do detest all contrarie errour Wee protest that Episcopall government in the Church is lawfull and necessarie and that the same is not opposed and impugned for any defect or fault either in the government or Governours but by the malice and craft of the Devill envying the successe of that government in this Church these many yeares by-past most evident in planting of Churches with able and learned Ministers recovering of the Church rents helping of the Ministers stipends preventing of these jarres betwixt the King and the Church which in former times dangerously infested the same keeping the people in peace and obedience and suppressing of Poperie which in respect either of the number of their professors or boldnesse of their profession was never at so low an ebbe in this Kingdome as before these stirres We protest that seeing these who for scruple of conscience did mislike the Service Book Canons and High Commission which were apprehended or given forth to be the cause of the troubles of this Church have now received satisfaction and his Majestie is graciously pleased to forget and forgive all offences by-past in these stirres that all the subjects of this Kingdome may live in peace and Christian love as becommeth faithfull subjects and good Christians laying aside all hatred envie and bitternesse And if any shall refuse so to do they may beare the blame and be thought the cause of the troubles that may ensue and the same bee not imputed to us or any of us who desire nothing more then to live in peace and concord with all men under his Majesties obedience and who have committed nothing against the Lawes of the Kingdome and Church that may give any man just cause of offence and are so farre from wishing hurt to any man in his person or estate notwithstanding all the indignities and injuries wee have suffered that for quenching this present combustion and setling peace in this Church and Countrey wee could bee content after clearing of our innocencie of all things wherewith wee can bee charged not onely to lay downe our Bishopricks at his Majesties feet to bee disposed of at his Royall pleasure but also if so bee it pleased God to lay downe our lives and become a sacrifice for this attonement We protest in the sight of God to whom one day we must give account that we make use of this Declinator and Protestation out of the conscience of our dutie to God and his Church and not out of feare of any guiltinesse whereof any of us is conscious to himselfe either of wickednesse in our lives or miscarriage in our callings being content everie one of us for our owne particular as wee have never showne our selves to be otherwise to undergo the lawfull and most exact triall of any competent judicatorie within this Kingdome or of his Majesties High Commissioner And we most humbly intreat his Grace to intercede with the Kings Majestie that he may appoint a free and lawfull Generall Assemblie such as Gods word the practice of the Primitive Church and Lawes of the Kingdome do prescribe and allow with all convenient speed to the effect the present distractions of the Church may bee setled And if there be any thing to be laid to the charge of any of the Clergie of whatsoever degree either in life and manners or doctrine or exercise of his calling and jurisdiction hee may bee heard to answer all accusations and abide all triall
could wee have any other intention or meaning being clearely warranted and expresly commanded by his Majesties instructions to exact the said Oath and take order that it should bee sworne throughout the Kingdome in that faire and lawfull sense and none other Neither in this point did we deliver our owne words or his Majesties minde ambiguously or doubtfully so as any other sense to our thinking could bee picked or wrung out of either the one or the other for we do attest the Lords of the Councell whether wee did not to manie or all of them upon severall occasions in conference with them ever since our comming into this Kingdome constantly declare unto them that his Majesties resolution was not to suffer Episcopall government to be abolished Wee attest all the Lords of Session whether before our tendering of that Oath to them or their Lordships taking of it wee did not fully and freely declare to them that his Majesties minde in commanding us to see this Oath taken and our own minde in requiring them to take it was onely to settle and secure the Religion and Faith professed in this Kingdome but was not to bee extended to the abjuring of Episcopall government or any other thing now in force by the Lawes of this Church and State at the time of administring this Oath which their Lordships being the reverend and learned Judges of the Lawes knew well could not bee abjured after which perspicuous predeclaration of our minde their Lordships undoubtedly in that same sense and none other took the said Oath And now good Reader having heard his Majesties minde and intention and in pursuance of them the minde of his Majesties High Commissioner concerning this Oath the reasons to repell the former objection seeme to bee needlesse the knowne minde of the supreme Magistrate who urgeth an Oath being to be taken for the undoubted sense of it yet for as much as that objection hath of late beene mainly urged for alienating the mindes of many of his Majesties good subjects and well affected to that government from adhering unto it be pleased to know that the former objection hath neither shew nor force of reason in it and that by the said Oath and that explanation set down in the Act of Councell Episcopall government neither was nor possibly could bee abjured and that for many reasons but especially these five which we having seen and approved have caused to bee here inserted and leave them to thine impartiall consideration First God forbid it should be imagined that his Majestie should command his subjects to take an Oath which in it selfe is absolutely unlawfull but for a man to sweare against a thing which is established by the Lawes of Church and Kingdome in which he liveth unlesse that thing be repugnant to the Law of God is absolutely unlawfull untill such time as that Kingdome and Church do first repeale these Lawes and therefore Episcopall government not being repugnant to the Law of God nay being consonant unto it as being of Apostolicall institution which shall be demonstrated if any man please to argue it and standding fully established both by Acts of Parliament and Acts of generall Assemblie at the time when this Oath was administred to abjure it before these Acts be repealed is absolutely unlawfull and against the word of God and it is to be hoped no man will conceive that his Majestie meaned to command a thing absolutely unlawfull And if it should be said as it is said by some who not being able to avoid the force of reason do betake themselves to pitifull shifts and evasions that these Acts of Parliament and Assembly establishing Episcopall government were unlawfully and unduly obtained certainely if they have any reasons for this their bold assertion which is of a more dangerous consequence then that it ought to be endured in any well setled Church or Common-wealth these reasons may bee presented lawfully to these judicatories to entreat them to reduce the saids Acts if there shall be strength and validitie found in them But to hold that untill such time as these judicatories shall repeale the saids Lawes they either ought to bee or can possibly bee abjured is a wicked position and destructive of the verie foundation of justice both in Church and Common-wealth Secondly it cannot bee imagined that this Oath should oblige the now takers of it farther then it did oblige the takers of it at first for doctrine and points of faith it did oblige them then and so doth it us now perpetually because these points in themselves are perpetuall immutable and eternall But for points of discipline and government and policie of the Church that Oath could binde the first takers of it no longer then that discipline and government should stand in force by the Lawes of this Church and Kingdome which our Church in her positive Confession of Faith printed amongst the Acts of Parliament Artic 20.21 declareth to bee alterable at the will of the Church it selfe and so repealable by succeeding Acts if the Câ—â—rch shall see cause When a King at his Coronation taketh an Oath to rule according to the Lawes of his Kingdom or a Judge at his admission sweareth to give judgement according to these Lawes the meaning of their Oaths cannot be that they shall rule or judge according to them longer then they continue to be Lawes but if any of them shall come afterwards to bee lawfully repealed both King and Judge are free from ruling and judging according to such of them as are thus lawfully repealed notwithstanding their originall Oath Since therefore if the first takers of that Oath were now alive they could not bee said to have abjured Episcopall government which hath been since establshed by Lawes of this Church and Kingdom especially considering that this Church in her Confession holdeth Church government to bee alterable at the will of the Church certainely we repeating but their Oath cannot be said to abjure that government now more then they could be said to do it if they were now alive and repeating the same Oath Thirdly how can it be thought that the verie Act of his Majesties commanding this Oath should make Episcopall government to bee abjured by it more then the Covenanters requiring it of their associats in both Covenants the words and syllables of the Confession of Faith being the same Now it is well knowne that many were brought in to subscribe their Covenant by the solemne protestations of the contrivers and urgers of it that they might subscribe it without abjuring of Episcopacie and other such things as were established by Law since the time that this Oath was first invented and made and the three Ministers in their first answers to the Aberdene Quaeres have fully and clearely expressed themselves to that sense holding these things for the present not to bee abjured but onely referred to the tryall of a free generall Assemblie And likewise the adherers to the last Protestation against his
meaning but the renovation of the old oath which can admit no new destructive sense but must be sworn conforme to the genuine originall first meaning 2. That oath was justly refused by us upon that ground of discrepance amongst many others and such like was not received by the Councell till they declared their meaning by act simul semel with their subscription 3. We doe not meddle with the Kirks of England or Ireland but recommends to them the paterne shown in the Mount all our arguments and proceedings being for the Kirk of Scotland where from the time of her more pure reformation then of her sister Kirks Episcopacie hath ever been abolished till the latter times of corruption So that though his Majestie hath hitherto maintained Episcopacie in Scotland because his Majestie wanted the meanes to be informed of the acts of this Kirk yet we know that God hath so richly replenished his Royall breast with such justice and pietie that when his Majestie shall receive perfect information wee are confident that He will never desire any change or alteration in our ancient Kirk government and discipline Especially now when his Majesty hath caused the maintainance thereof to be religiously sworn The fift and last reason is that we can never make it appeare that Episcopall government at the first time of administering the oath was abolished the very words of that confession of Faith immediatly after the beginning of it being these Received beleeved and defended by many and sundry notable Kirks and Realmes but chiefly by the Kirk of Scotland the Kings Majestie and three Estates of this Realme as Gods eternall truth and onely ground of our salvation Whereupon is inferred that Bishops Abbots and Pryors made up at that time a third Estate of this Realme which gave approbation to the confession of Faith and therefore this third Estate did not abjure Episcopacie And albeit it had bin abolished by acts of Assembly yet it was not so by act of Parliament but in force by many of them standing unrepealed which are annexed to the reasons Which being the acts of a Monarch his three Estates are never repealable by any Ecclesiasticall nationall Synod For answer hereunto 1. It doth appeare and is manifest by the Registers and acts of Assembly that before the subscription of the Confession at the time thereof and thereafter That Abbots Priors and Bishops were so clearly evidently and expresly condemned in this Kirk That the best wits of this age opposers of Episcopacy cannot yet require one sillable to be added for farther assurance and the most able maintainers thereof could not pick any quarrell to the clearnesse of the expression 2. The clause citted in the reason is onely anent the doctrine and not anent the discipline which thereafter is determined and the Hierarchie detested And the Discipline of the Kirk sworn unto 3. Albeit that clause were of discipline yet it maketh nothing for Bishops except by inference that they are comprehended under the name of the third estate which cannot be so understood for collections by way of inference or ex consequenti cannot be adduced against the expresse acts of the time wherein the makers signifie their minds in clear termes apertissime dicendo leaveth no place to presume the contrare especially in this kingdome where these expressions of stylus curiae are carefully observed without change which may be seen in the same case by many Parliaments where it is not our that no Prelate was present or allowed and yet the acts proporting to be made by his Majestie and three Estates are interpreted by the quoter as made by the Prelats with others 4. Episcopacie was abolished not only by acts of Assembly but there is no standing laws for Episcopall government but some against the same as shall be evident in the answer made to the acts of Parliament subjoyned hereto but if there be any Acts of Parliament standing for Episcopacie the Kings Majestie his Commissioner the Councell the Collective-body of the Kingdome hath actually renunced the same by returning to the doctrine and discipline 1580. whereunto Episcopacie is contrare which God-willing may also be inacted at the next Parliament proclaimed to be holden by his Majestie in May 5. The acts of the Assembly and the book of Policie in the 1. and 10. chapter putteth clear merches betwixt civill and Ecclesiasticall jurisdiction making every one independent in matters properly belonging to their owne judicatorie and every one subject to the other in matters properly belonging to that other So that as the Assembly cannot make civill laws nor repeal them nor imped the Parliament from making or repealing civill laws no more can the Parliament make Ecclesiasticall laws originally nor repeal or hinder the lawfull Assemblies to repeal the same For albeit acts of the Assembly are and may be ratified in Parliament that is only that the civill sanction may concur with the Ecclesiasticall constitution But will not stop the Assembly to recall their owne act which being adnulled by them the civill ratification and sanction fals ex consequenti For to maintain that the Kirk may not repeal her own acts ratified once in Parliament is so derogatorie to Christs prerogative and ordinance to the liberty of the Kirk and freedome of the Assembly to the nature end and reason of all Ecclesiasticall jurisdiction as we have more largely cleared in the Protestation 22 September last that we beleeve few or none will be of that opinion All these Five objections and many more was agitate and discussed in the Assembly before the act anent Episcopacie was made And seeing the generall Assembly of the Kirk of Scotland indicted by his Majestie now holden at Glasgow which is the only Judge competent and fit interpreter to remove and explaine all doubts arising upon the confession of Faith hath after long religious and mature declaration exponed the same and clearly found that Episcopall government in this Kirk amongst other corruptions is abjured by the confession of Faith as the same was profest within this Kingdome hath discharged all subscription to the Covenant subscribed and interpreted by his Majesties Commissioner hath commanded the Covenant subscribed in Februare with the application to be now subscribed according to her present determination therefore wee trust that the knowledge hereof will be a sufficient warning to all good Christians and Patriots that they subscribe not the one and that they subscribe the other according to the genuine and true meaning thereof declared by the Kirk allennerly and of no contrary incompatible sense as they would eshew the crime and danger of a contradictory oath and we would most humbly and earnestly beg of his Sacred Majestie from the bottome of our hearts that his Majestie would be graciously pleased to command that the same may be so subscribed conforme to the declared explanation of the Kirk which would prove the greatest happinesse and joy that ever befell these
1584. wherein he is named as one amongst other the Kings Commissioners whereof some were meere secular persons 5. It is cleare by the first act of the ninth Parliament 1584. and the eleventh act of the 10. Parliament 1585. that Bishopricks Prelacies Abbacies Priories Nunries were then thought to be alike in the Kings hands were granted to whatsoever persons being his subjects albeit they brooked no office in the Kirk so that some of these lordships and Baronies were erected before 1587. and excluded from the annexation 6. As the Kirk had ever been craving the dissolution of Prelacies and condemning the temporall as well as the spirituall estate of Bishops by their act of the Assembly 1581. and by their censure of the Presbyterie of Striviling for admitting Montgomrie to the temporality of the Bishoprick of Glasgow and censure of Mountgomrie for aspyring thereto contrare to the word of God and acts of the Kirk in the Assembly 1587. Iuni. So in the 11. Parl. of King Iames the sixt 29. of Iuly 1587. 29. act The three Estates of Parliament annexeth to the crown all Lordships and Barronies pertaining to whatsoever Archbishops or Bishops Abbots Pryors Nunnes and Munkes reserving alwayes to Archbishops Bishops Abbots Pryors Pryoresses commendators and others possessours of great Benefices of the estate of Prelates and which before had or hath vote in Parliament the principall Castles and Fortalices whereby it is cleare that the stylus curiae naming three Estates did no wayes include Ministers being Bishops seeing no ecclesiasticall Bishops sate in that Parliament nor could sit because the only two Bishops of the time Adamson and Montgomery were before deprived and excommunicat and certainly they neither would nor could have sitten as an Estate in Parliament to abrogate their owne estate and lordships and temporall land whereupon that act acknowledgeth any right they had did depend 2. It is cleare that Archbishops or Bishops Abbots Pryors c. all alike voted in Parliament of old not by reason of their ecclesiasticall office but by reason of their great benefices and lordships which here is said to have had vote in Parliament for that cannot be relative to the persons as unto Pryoresses but unto the benefices So that Ministers voted not as Ministers in name of the Kirk but as possessours of these great benefices or Baronies and others who were not Ecclesiasticall persons being titulars and possessours of these great benefices both communi stylâ— were called Bishops Abbots c. by vertue of the benefice without any office in the rolls of Parliament and in the act of Assembly 1587. The Bishoprick of Cathnes is said to vaike by decease of Robert Earle of March the Kings Uncle And the Assembly in their letter to the King declareth to be against the word of God and acts of the Kirk to present and admit any Minister to that Bishoprick as also some of these titulars and possessours of the benefices albeit they had no ecclesiasticall office did some times ryde and vote in parliament 3. It is cleare that the three Estates by taking away from Archbishops and Bishops their Lordships Barronies and temporall lands they took away their vote in parliament which doth not subsist but in and by the benefice and therefore ecclesiasticall persons separat to the Gospel for want of their great benefices had no vote in parliament till the 1597. albeit all the interveened acts are made by the three Estates wherein the Kings Majesty restoreth Ministers to the titles and dignities of Prelacies which showeth that before they were disponed to others then Ministers and provideth that Ministers presented to these titles and dignities and to the benefice of Bishopricks shall have vote in parliament which sheweth that the benefice and not the office giveth right to vote in parliament like as the very act of parliament 1606. acknowledgeth that by the act of annexation of the temporality of benefice to the Crown 1587. the estate of Bishops were indirectly abolished and therefore they behoved to rescind the act of annexation anent the benefice and restore them to these titles and dignities before Ministers could vote in parliament but these acts also are hereafter answered 7. But as for 130. act 1584. no Bishop is therein mentioned and yet it is adduced for Bishops because the three estates are therein named under one of which the Prelate claimeth to be comprehended but why more he then Abbots and Pryâ—rs formerly abolished as well as Episcopacy why more by that act then many former made when Bishops neither rode sate nor voted in parliament but were expugned out of this Kirk and yet the acts were all made by the three estates which albeit it needeth none other demonstration then that it is stylus curiae carefully observed in this Kingdome Yet the truth is that the Nobility Barrons and Burrows were the three estates of this Kingdome many hundred yeares after Christianity before any Bishops was in this Kingdome as is observed by Buchanan and Boetius and acknowledged by Lesly in his Chronicles and after the Bishops were abrogate expresly the three estates of parliament did continue and make all acts of parliament Yea after the 1592. where Bishops were discharged for if Bishops were an estate there behoved to be foure estates of parliament as there are so many named in the Commission granted by King JAMES and King CHARLES viz. The Clargie Nobility Barons and Borrows and that as ecclesiasticall persons separate to the Gospel since the reformation were never warranted to voice in Parliament while 1597. So on the other part the Barons are and have beene as an estate of parliament in uncontravered possession of voting in parliament conforme to the 101. act Parl. 7. King IAMES the first renewed again in the parliament 1585. and 1587. act 113. wherein precepts of the Chancelary are ordained to be directed to the Barons as unto an Estate of parliament even as they shall be direct unto other Estates to wit The Nobilitie and Borrows which in that act is mentioned So in this same act of parliament which in the narrative relateth the bygone great decay of the ecclesiasticall Estate There are exprest three compleat Estates in Parliament The Nobility Barrons and Borrows And as in law the three Estates are intire without Bishops or Ministers voters in Parliament So also it is most expedient and necessar for the liberty of the Kirk honour of the King and peace of this kingdome That no Ministers vote in Parliament as is more clearly and largely proved in the reasons of the protestation given into Parliament against the same 1606. And in the act of this Assembly against civill places of Kirk-men As for the 131. act 1584. no Bishop is therein mentioned to get any benefite thereby and far lesse can the same reach to the prejudice of the late Assembly which was indicted by his Majesty and is an ordinare judicatory allowed by the lawes of God and man like as it is answered in our
Magistrate is described to assist and maintaine the Discipline of the Kirk and punish those civilly who will not obey the censures thereof without confounding alwayes the one jurisdiction with the other and this order of Ecclesiasticall Discipline condescended upon in generall Assemblies as warranted by divine authoritie to be execute notwithstanding any humane inhibition is set downe before the Psalmes in meeter and therefore we can never expect that his Majestie who out of his pious inclination to justice by a late Proclamation 22. September last hath declared and ordained that all His subjects both Ecclesiasticall and Civill shall be lyable to the tryall and censure of generall Assemblie or any other Judicatorie competent will now stay the execution of the lawfull and grave sentences of this nationall Kirk so comfortable to us and so necessarie for maintaining the puritie of Religion which his Majestie in the end of the Articles before mentioned hath promised to defend and His subjects in the profession thereof which is incompatible with the defence of excommunicate and obstinate persons But therefore wee are assured that his gracious Majestie will be pleased to allow that reverence and all readie obedience may bee deferred to the whole Acts Constitutions and censures of the said generall Assemblie by all His subiects who undoubtedly and necessarily are obliged to obedience of all the lawfull commands and injunctions of the mother Kirk if they would bee accounted members or sonnes thereof By all which cloud of weightie reasons the warrantablenesse of our just proceedings doth evidently appeare notwithstanding of all the arguments of challenge adduced against us in the said Proclamation And therefore for these and many other reasons Wee the members of this Assemblie in our owne names and in the name of the Kirk of Scotland whom we represent And we Noble-men Barons Gentle-men Ministers Burgesses and Commons before mentioned do solemnely declare in the presence of the everliving God and before all men and protest That our thoughts are not guiltie of any thing which is not incumbent to us as good Christians towards God and loyall Subiects towards our sacred Soveraigne And we attest God the Searcher of all hearts that our intentions and whole proceedings in this present Assemblie have beene and shall continue according to the word of God the Lawes and constitutions of this Kirk the Confession of Faith our nationall Oath and that measure of light which God the Father of light hath granted unto us and that in the sinceritie of our hearts without any preoccupation or passion That it was and is most lawfull and necessarie for us to fit still and continue in keeping this present Assemblie indicted by his Majestie untill after conclusion of all matters it bee dissolved by common consent of all the members thereof and that for trying judging and censuring all the by-gone evils and the introductors and providing a solide course of the continuance of Gods truth in this land with puritie and libertie according to his word our Oath and Confession of Faith and the lawfull constitutions of this Kirk That this Assemblie is and should bee esteemed and obeyed as a most lawfull full and free generall Assemblie of this Kingdome And that all Acts sentences constitutions censures and proceedings of this Assemblie whereof the generall and principall Acts are to bee published are in the selfe and should bee reputed obeyed and observed by all the subjects of this Kingdome and members of this Kirke as the Acts sentences constitutions censures and proceedings of a full and free generall Assemblie of this Kirke of Scotland And to have all readie execution under the Ecclesiasticall paines contained or to bee contained therein and conforme thereto in all points and such like that whosoever presumeth to utter any undutifull speech against the same may be duly censured and condignly punished We protest that all and everie member of this reformed Kirk efoldly and faithfully joyne and concurre in their severall callings and stations to advance further and assist the execution and obedience of the whole Acts of this Assemblie by all meanes which their abilitie can afford as they affect the advancement of Gods glorie and the work of reformation in this land We protest against all the challenges and aspersions laid upon us in the said Proclamation and that our whole answers are not onely true in everie point but likewise sufficiently forcible to deliver us from all unjust imputations and to justifie the lawfulnesse and necessitie of our whole proceedings and carriage which hath beene so unreasonably blamed Likeas by these presents we summond and cyte all those of his Majesties Councell or any other who have procured consented subscribed or ratified this present Proclamation to bee responsable to his Majestie and three Estates of Parliament for their counsell given in this matter so highly importing his Majestie and the whole Realme conforme to the 12. Act. Parl. 2. King James 4. And protest for remead of Law against them and everie one of them We protest that it is and may be lawfull unto us to defend and maintaine the Religion Lawes and Liberties of this Kingdome the Kings authoritie in defence thereof and everie one of us another in that cause according to our power vocation and Covenant with our best counsell bodies lives meanes and whole strength against all persons whomsoever and against all externall and internall invasions and that in the obedience and observance of the Acts of this Assemblie and nationall mother Kirk That whatsoever inconvenients shall fall out by impeding molesting or staying the observance and obedience due to the Acts Ordinances and Conclusions of this Assemblie or execution to follow thereupon that the same be not imputed unto us or any of us in our lawfull defence and maintenance thereof who most ardently desired the concurrence of his Majesties Commissioner to this lawfull Assemblie and do yet still with humble vehemencie beg his Majesties gracious approbation thereunto but on the contrarie that the Prelats and their adherents who have protested and declined this present Assemblie in conscience of their owne guiltinesse not daring abide to any legall tryall and by their misinformation did move the Commissioner his Grace to depart and discharge this Assemblie be esteemed repute and holden as they truly are the disturbers of the peace and overthrowers of the liberties of the Kirke and guiltie of all the evils which shall follow hereupon and condignly censured according to the greatnesse of their faults and Acts of the Kirke and Realme Wee protest that none hereafter subscribe the Covenant formerly subscribed by the Commissioner his Grace in Councell as they will eschew the danger of a contradictorie Oath but that all everie one subscribe the Covenant renewed in Februarie last And that with this sense meaning and condition that they subscribe the same conforme to the determination and declaration of this Assemblie at Glasgow allanerly We protest that as we adhere till
of tythes of that Kingdome begun to take three things into Our serious consideration First the wretched estate of the Clergie for want of maintenance Next the hard usage and great oppression of all the Laitie that payed tythes from the owners of them Thirdly a very important point of State vizt That it was not fit that such a considerable part of Our subjects as all the Ministers who have power over the consciences of the rest and all the payers of tythes who are the farre greatest part of the Kingdome should have their dependance upon the Nobilitie or other Laicke Patrons the one for their livelihood and maintenance the other not onely for feare of having their cornes lost or endangered for not carrying them in due season which was by the law in the power of these owners of the tythes which power they were sure they would exercise upon them if they should at any time displease them or not adhere to them upon all occasions good or bad But likewise because these Lords owners of the tythes and also of Abbey lands were likewise for the most part superiours to those who payed them but were so altogether to those who held the Abbey lands of them by way of vassalidge and so by their verie tenures were to performe all service and attendance to these Lords their superiours whensoever they should require it of them Which important considerations moved Us by the advice of the learnedest Lawyers there to grant out a Commission under Our great Seale for that Kingdome not to a few but to divers hundreds and those of the prime of all estates and degrees out of which number the Lords of the Erections and Laicke Patrons were not omitted for relieving if they should see cause both the Ministers and owners of Corne as also for taking into their consideration the point of superioritie and dependance These Commissioners after their sitting in great frequencie some yeares and after full hearing of all parties interessed and mature deliberation did set a rate of the value of the tythes ordered that the owners of the grounds should severally purchase them at so manie yeares purchase as was then agreed upon by all both buyers and sellers taking the same course for the rating of superiorities in regard of the Abbey lands which was likewise accorded unto by all parties and ordered that every Ministers means should be augmented in such a certaine proportion set down and accorded unto as the Incumbent should not be inforced any more to be a slave to his Patron With the conclusions and determinations of this Commission called the Commission of Surrenders of Superiorities and Tythes the owners of lands and the Ministers were indeed so really satisfied that the former with all thankfulnesse acknowledged Us for their deliverer from an intolerable bondage under which they and their Ancestors ever since the reformation of Religion had grievously groaned The latter with infinite expressions of joy and gratitude did celebrate Us as the very father and founder of their severall Churches We gave Our Royall assent to all agreed upon in that Commission being glad that Our subjects were relieved the maintenance of Our Clergie improved and both Our Clergie and Laitie freed from a dangerous dependance upon subjects and for that freedome obliged to a thankfull heartie and loyall dependance upon Us to whom alone by all lawes of God and men it is due The Nobilitie and other Lay Patrons seemed herewith likewise fully to rest satisfied and so indeed they were in point of profit for according to the rates of purchasing in that Our Kingdome for their tythes they were satisfied to the uttermost farthing But they fretted privately amongst themselves for being robbed as they conceived of the clientele and dependance of the Clergie and Laitie and of that power command and superioritie over them which by that tye of tythes they had enjoyed Yet not being able to make Religion it selfe a faire pretence for this their discontent for who could imagine that everie man his gathering of his owne tythes or the augmentation of Ministers maintenance could be an affronting or weakening of Religion they had recourse to their former fetch and not without bewraying much heart-burning gave it out that this Commission which indeed was obtained by the humble importunitie both of Clergie and Laitie was procured onely by the Bishops who meant no good to Religion and so from an unnecessarie jealousie of their persons and power they begun to pretend and suborne a necessarie jealousie of Religion it selfe A third bewraying of their factious humour appeared clearely at Our last being in that Our Kingdome and immediately after Our departure from thence For some sixe yeeres agoe having a great desire to visite that Our native Kingdome and being willing to cheere and comfort Our subjects there with Our presence and honour them with Our personall Coronation all which they did most humbly and heartily sollicite Us for by their earnest and affectionate supplications We undertooke a journey to them and according to Our expectation were most joyfully received by them But immediatly before and at the sitting down of Our Parliament there Wee quickly found that the very same persons who since were the contrivers of and still continue the sticklers for their now pretended Covenant begun to have secret meetings and in their private consultations did vent their dislike of Our innocent Revocation and Our most beneficiall Commission of Surrenders But knowing that these two could gaine them no partie then they begun to suggest great feares that many and dangerous innovations of Religion were to be attempted in this present Parliament Not that they themselves thought so but because they knew that either that or nothing would soyle with suspicious jealousie or interrupt and relaxe the present joy and contentment which did overflowe in Our subjects hearts and appeared in their heartie expressions for Our presence amongst them But We readily confuted all these suspicious surmises for except an Act which gave Us power to appoint such vestures for Churchmen which We should hold to be most decent nothing concerning Religion was either propounded or passed in that Parliament but that which everie King doth usually in that and all other Christian Kingdomes passe at their first Parliament viz. An Act of ratification of all other Acts heretofore made and then standing in force concerning the Religion presently professed and established and concerning the Church her liberties and priviledges Which Act being an Act of course though it passed by most voices yet was it disassented from to Our great admiration by the voices of many of those who are now the principall pillars of their Covenant which made all men then begin to suspect that sure there was some great distemper of heat at the heart when it boyled so over at their lips by their unnecessarie and unprofitable denying of assent to the lawes concerning the Religion and Church already established This first Act passing more for
after Our advices by Our Letters and Instructions to the rest at home and after many humble advertisements and remonstrances made from them to Us of the reasons of some alterations which they did conceive would remove divers difficulties which otherwise they feared this Booke would encounter with We were contented that the Service Booke should come out as now it is printed being fully liked by them and signed with their hands and perused approved and published by Our Royall command and authoritie In the perusall and approbation whereof We tooke speciall care that the small alterations of it in which it differeth from the English Service Booke should be such as We had reason to thinke would best comply with the mindes and dispositions of Our subjects of that Kingdome For We supposing that they might have taken some offence if We should have tendered them the English Service Booke totidem verbis and that some factious spirits would have endevoured to have misconstrued it as a badge of dependance of that Church upon this of England which Wee had put upon them to the prejudice of their Lawes and Liberties We held it fitter that a new Booke should be composed by their own Bishops in substance not differing from this of England that so the Roman party might not upbraid Us with any weightie or materiall differences in Our Liturgies and yet in some few insensible alterations differing from it that it might truely and justly be reputed a Book of that Churches owne composing and established by Our Royall Authority as King of Scotland And thus conceiving Wee had discharged the duetie of a religious King towards God and of a gracious Prince in accommodating this Booke so that Our subjects of that Kingdome should have no cause to have the least suspicion of any intended dependancie of that Church upon this Wee sent home the Book to the Lords of Our Privie Councell After their receipt consideration of it We by their advice and they by Our Authoritie commanded by publike Proclamation that the said Book should be publikely read and received in all the Churches of that Our Kingdome and should begin to be practised upon Easter next 1637. Disobedience to this Our Proclamation Wee had little reason to expect because this Service-book was no new thing unto them For it not differing from the English Service-book in any materiall point and We supposing that the English Liturgie neither was nor could bee displeasing to them did likewise conceive that this Book should be as little disliked by them Now the reasons inducing Us to a beleefe of their not misliking the English Liturgie were these First many of Our subjects of that Kingdome of all sorts daily resorting to Our Court and the Citie of London did much frequent our Chappell many other Churches in or about the Citie and many Churches during their stay here at the severall places of our residence and many other Churches within this Kingdome upon their way both hither and homeward in all which Churches they did behave themselves during the time of divine Service with that reverence as others of Our subjects of this Kingdome did without any dislike of it or quarrelling against it Now these who resorted hither being for quantitie and number very considerable and for qualitie for the most part of the very best gave Us more then a probable assurance that at home they would never accompt that absolutely in it selfe unlawfull and Antichristian as many of them have since professed unto which they had here of their owne accord by their practise yeelded obedience For neither municipall Law nor variation of time or place nor any other circumstance can allow Us to practise that which we hold in it selfe to be simply unlawfull Antichristian and against the Word of God Secondly in Our owne Chappell at Haly-rud-house ever since the yeere of Our Lord 1617. the English Liturgie hath beene read and according to it divine Service sung and said as it is here said and sung in Our Chappels in England not onely without dislike but with frequent Assemblies of Our Councel Nobility Bishops other Clergie of all sorts Judges Gentrie Burgesses women of all ranks The Bishops or some of them never gave Orders which they did frequently but they used the English Service-book in some Cathedrall Churches of that kingdom as also in the new Colledge of the University of S. Andrewes for some yeeres of late it was publikely read without any distaste much lesse disturbance for divers yeeres it was used in many families and at Our last being in that Kingdome it was read publikely in all Churches to which Wee resorted in which great numbers of all sorts of people were present All which gave Us good reason to conceive that the commanding of this Book by Our authoritie could not in any true sense be called or accounted an innovation all sorts of people and very many of those of all ranks who now inveigh most bitterly against it having been so accustomed to it and acquainted with it and that without any dislike of it or complaint against it Thirdly Wee confesse that one of the chiefest reasons moving Us to beleeve that that Service-book being in substance all one with this of England could not be held by them to containe any thing tending to Idolatrie Poperie or Superstition as since they have pretended was this We did foresee that all objections bending that way must needs strike at the English Service-book aswell as at that and indeed all of them which they have preached or published against that book do so but We did then and do still take it as granted that no man who hath his wits about him can charge the least suspicion of these things objected upon the English Service-book For since it is well knowne to the whole Christian world that the Composers Framers of the English Service-book were those very famous Bishops others who in Queen Mary her dayes delivered up their living bodies to the fire or escaping the fire indured banishment only because they would not yeeld to Poperie and Superstition How these men now whom in their owne judgement they hold to bee ranked amongst the most glorious Martyrs of the Church for resisting even to bloud Idolatry Popery and Superstiâ—ion can with any conscience or honestie be charged by these men with compiling of a Book stuffed full with Idolatrie Poperie and Superstition it requireth more then an ordinarie understanding to apprehend And besides it will be made good that more of the Bishops and learned Clergie of England both for number and weight have opposed Superstition and Popery then can be found in all the reformed Churches besides who all of them have lived in the practise of the English Liturgie and defended the same which they would never have done if they had supposed it to containe Idolatrie or Superstition These now were the grounds which inclined Us to conceive that the Service-book authorized by Us for
occasioning their celestiall Covenant as they called it were so highly extolled by their Preachers that they assured their Auditors that their memorials should be eternall whom before they had called the scumme of the people and the base Multitude and that all succeeding generations should call them blessed These high flowne speeches and many others of the like extravagant straine both in the Pulpits and out of them immediately after the first tumult and ever since have beene bestowed and that not sparingly upon that multitude which not long before they called base and rascall But no wonder for many of the better sort having succeeded that multitude in the same madnesse they must needs now give them new high and Heroicall titles such as they would have given to themselves now acting their parts for now their owne actions come next upon the Stage to bee viewed and judged All businesses now for a time seemed to be hushed and calmed by reason of the long vacation which in that Kingdome beginneth alwayes on Lammas day and the Harvest which drew all sorts of people from Edinburgh except the Citizens so that little or nothing was done betweene the last of July and first of October save that some Ministers petitioned the Lords of Our Councell for suspending the Letters whereby they were charged to receive the Service Book and that they of Edinburgh begun a little by the instigation of their two silenced Ministers to relent of their former forwardnesse for receiving the said Booke and to repent themselves of their too eager condemning the raisers of the first insurrection and presented to Our Councell on the 26. of September a Petition humbly desiring not to bee pressed with the Service Booke notwithstanding all their former undertakings but to be continued in the same case with all the rest of the Kingdome untill Our pleasure were further knowne which Petition as they alledged they were necessitated to present by the example and encouragement of all ranks from all parts of the Kingdome But so soone as Harvest was done the conflux of all sorts of Our subjects Nobilitie Gentrie Ministers and Burgesses from all parts of that Kingdome came to be so great at Edinburgh and after such a tumultuous maner as that a present Insurrection was justly feared which forced Our Councell assembled then at Edinburgh upon the day before appointed by them viz. the xvij of October 1637. to make three Proclamations The first to give notice that on that day nothing should bee treated of at the Councell Table concerning Church businesse untill the Lords might see the times and meetings of his Majesties subjects more quiet and peaceable and therefore commanded all who were come thither about any such businesse peaceably to repaire to their owne homes within foure and twentie houres under the paines expressed in the said Proclamation A second for removing the Session which is here in England called the Terme from Edinburgh to Lithcow for feare of present danger if this great concourse of people should not some way be diverted and divided especially considering that those of Edinburgh were now apparently perverted and become very evill affected to Our and Our Councels courses of peace and quietnesse A third for bringing in and burning a certaine seditious Booke newly dispersed amongst our subjects there tending to sedition and the disgrace of Our Ecclesiasticall Government here in England The three Proclamations are here inserted Apud Edinburgh 17. Octob. 1637. FOrasmuch as it hath pleased the Kings Majestie upon divers good respects and considerations to give warrant and direction to the Lords of his Majesties Privie Councell for dissolving the meeting of this Councell day in so farre as concerneth matters of the Church And that everie one that hath come to attend this businesse repaire to their owne dwellings except such persons as shall make knowne to the said Lords of Councell just cause of stay for their particular affaires Therefore the said Lords according to his Majesties speciall warrant and direction sent unto them have dissolved and by the tenour hereof doe dissolve the meeting of this Councell day in so farre as concernes the businesse above written And ordaines a Maissar of Councell to passe to the Mercate Crosse of Edinburgh and to make publication hereof And to command everie one that hath come hither to attend this businesse to repaire home to their owne dwellings within 24. houres after the publication hereof except such persons as shall make knowne to the said Lords just cause of their further particular affaires in manner aforesaid under the paine of Rebellion and putting them off to the Horne with certification to them that if they faile they shall be denounced Rebels and put to the Horn and all their moveable goods escheat to his Majesties use Apud Edinburgh 17. Octob. 1637. FOrasmuch as it hath pleased the Kings Majestie upon divers great and good considerations knowne to his Majestie to remove his Councell and Session from the Citie of Edinburgh to the Burgh of Dundie And whereas it is inconvenient at this time to remove it so farre his Majestie is graciously pleased that this next Session shall be holden at the Burgh of Linlithgow and the next after the ordinarie vacants at the Burgh of Dundie And there to remaine during his Majesties pleasure And therefore the said Lords according to his Majesties speciall direction ordaines Maissars or Officers of Armes to passe and make publication hereof to all his Majesties good subjects by open Proclamation at all places needfull whereby they can pretend no ignorance thereof but may prepare themselves to attend at Linlithgow and Dundie accordingly Apud Edinburgh Octob. 17. 1637. FOrasmuch as the Kings Majestie is credibly informed that there is a certaine booke intituled A Dispute against the English Popish Ceremonies obtruded upon the Kirke of Scotland and hath beene sent abroad and dispersed in this Kingdome purposely to stirre the hearts and affections of the subjects from their due obedience and allegeance And therefore it hath pleased his Majestie to give order and direction to his Councell that diligent inquirie and search be made for the said booke And for this effect the said Lords ordaines letters to be directed to make intimation and publication to all his Majesties subjects that such of them as have anie of the said bookes bring in the same to the Lords of his Majesties Privie Councell betwixt the date of this Proclamation and the day of And the said bookes being brought in that the same be publikely burnt certifying all his Majesties subjects if any of those bookes shall be found or knowne to have beene with any of them after the time aforesaid that they shall incurre the like censure and punishment as the Authour may be found to deserve for any thing contained in that booke ANd whether Wee and Our Councell were not justly necessitated to these Proclamations and whether it were not high time to require obedience to them though none was yeelded let
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
and nineteenth of February had been abundantly sufficient Neverthelesse finding that disorders have daily so increased that a powerfull rather then perswasive way might have been justly expected from Us Yet We out of Our innative indulgence to Our people grieving to see them run themselves so headlong into ruine are graciously pleased to try if by a faire way We can reclaime them from their faults rather then to let them perish in the same And therefore once for all We have thought fit to declare and hereby to assure all Our good people that We neither were are nor by the Grace of God ever shall bee stained with Popish superstition But by the contrary are resolved to maintain the true Protestant Christian Religion already profest within this Our ancient Kingdome And for farther clearing of scruples We do hereby assure all men that We will neither now nor hereafter presse the practice of the foresaid Canons and Service Book nor any thing of that nature but in such a faire and legall way as shall satisfie all Our loving subjects that We neither intend innovation in Religion or Lawes And to this effect have given order to discharge all Acts of Councel made thereanent And for the high Commission We shall so rectifie it with the help of advice of Our privie Councel that it shall never impugne the Lawes nor bee a just grievance to Our loyall subjects And what is farder fitting to be agitate in generall Assemblies and Parliament for the good and peace of the Kirk and peaceable government of the same in establishing of the Religion presently profest shall likewise be taken into Our Royall consideration in a free Assembly and Parliament which shall be indicted and called with Our best conveniencie And We hereby take God to witnesse that Our true meaning and intention is not to admit of any innovations either in Religion or Laws but carefully to maintain the purity of Religion already profest and established and no wayes to suffer Our Lawes to be infringed And although We cannot be ignorant that there may be some dis-affected persons who will strive to possesse the hearts of Our good subjects that this Our gracious declaration is not to be regarded Yet We do expect that the behaviour of all Our good and loyall subjects will be such as may give testimonie of their obedience and how sensible they are of Our grace and favour that thus passeth over their misdemeanours and by their future carriage make appeare that it was only feare of innovation that hath caused the disorders which have happened of late within this Our ancient Kingdome And are confident that they will not suffer themselves to be seduced and mis-led to misconstrue Us or Our actions but rest heartily satisfied with Our pious and reall intentions for maintenance of the true Religion and Lawes of this Kingdome Wherefore We require and heartily wish all Our good people carefully to advert to these dangerous suggestions and not to permit themselves blindely under pretext of Religion to be led in disobedience and draw on infinitely to Our grief their own ruine which We have and still shall strive to save them from so long as We see not royall Authoritie shaken off And most unwillingly shall make use of that power which God hath endued Us with for reclaiming of disobedient people OUR WILL is herefore and Wee charge you straightly and command that incontinent these Our Letters seene you passe to the market crosse of Our Burgh of Edinburgh and all other places needfull and there by open Proclamation make publication hereof to all and sundry Our good subjects where through none pretend ignorance of the same The which to do We commit to you conjunctly and severally Our full power by these Our Letters delivering the same by you duely execute and indorsed againe to the Bearer Given at Our Court of Greenwich the twenty eight day of June and of Our Reigne the thirteenth yeer 1638. Per Regem NO sooner was it ended but this their ensuing Protestation against it begun and was publickly read which here according to their printed Copie We have caused to be reprinted The Protestation of the Noblemen Barons Gentlemen Burrows Ministers and Commons c. WEe Noblemen Barons Gentlemen Burgesses Ministers and Commons That whereas wee the Kings Majesties true and loyall Subjects who have ever esteemed it our greatest happinesse to live under a religious and righteous King and our greatest glory to testifie our best affections to our gracious Soveraign have beene in His Majesties absence from this His native Kingdome heavily pressed for a long time past And especially of late with diverse innovations which both in themselves and in the way wherein they have beene urged doe manifestly tend to the prejudice of the Kings honour and of our Religion Laws and Liberties And by which we were brought to such extremitie that there was no way left betwixt the rock of excommunication and the high paine of rebellion on the one part and the desperate danger of forsaking the way of true Religion and the breach of our Covenant with God on the other but to represent our case and present our supplications to the Lords of secret Councell that being equally pondered by them they might either be answered by themselves or by their recommendation might ascend to his Majesties owne consideration And therefore in all humble manner we did to this effect supplicate their Lordsh we were most willing for the modest following of our supplications to obey their direction in choosing Commissioners for the great number of supplicants who flocked together from all quarters of the Kingdome were carefull to order our selves in all Christian and quiet carriage and against the tediousnesse of many and long delaies did wait for a long time with very great patience till at last they were pleased to receive our supplications complaints and bills And conceiving them to containe weightier matters then could by themselves bee determined they did promise and undertake to represent and recommend the same according to their more then ordinary importance unto his Majesties Royall consideration and to report his Majesties answer While his Majesties good Subjects of all ranks throughout the whole Kingdome had their minds wakened and their hearts filled with the expectation of a gracious and satisfactorie answer worthy of his Majesties pious and equitable disposition in the Month of February last incontinent a rumour flyeth through the Countrie and filleth all eares That the Lords of his Majesties secret Councell were commanded to make such a Proclamation concerning the Service booke booke of Canons and the peaceable meetings of his Majesties good Subjects in time comming as we were perswaded to have beene procured by the secret working and malignant mis-information of our adversaries Seeking for their owne private ends without respect to his Majesties honour and welfare of this Kirk and Kingdome to stop the course of our legall proceedings and to escape their owne due censure And
therefore intending to make known to the Lords of secret Councell what was noised concerning the Proclamation how far the whole Kingdome had been by some sinistrous mis-information frustrate of their hopes and their constant desire to have some course taken by their Lordsh advice how his Majestie being further informed might deliver his good subjects from so great grievances and feares and establish a sure peace in this Countrie for time to come we found our selves tyed by order of Law to decline those against whom we had made our complaint unlesse we would admit our parties to be our Judges And in case our Declinator should not be accepted we behoved to protest that we might have immediate recourse to the King himselfe c. Thereafter in the Moneth of March finding that by the foresaid Proclamation the innovations supplicated against were approven our lawfull proceedings condemned our most necessary meetings prohibited there being no other way left unto us wee were necessitate to renew the nationall Covenant of this Kirk and Kingdome thereby to reconcile us to God provoked to wrath against us by the breach of his Covenant within this Land to cleare our Soveraigns mind from all jealousies and suspicions arising from our adversaries mis-information of our intentions and carriage and so to make way for his acceptance of our humble supplications and grant of their lawfull remedies to guard this Land in defence of Religion authoritie and liberty against inward divisions and externall violences And that our actions might be answerable to our holy profession we afterward drew up an humble supplication containing our grievances and desires of the ordinary remedies thereof to have beene delivered to the King himselfe In the meane time wee were directed by those who were intrusted by his Majesty to attend his Declaration here in Scotland which would free us of all feares of innovations of Religion and prove satisfactorie And lest for want of true information of our just grievances and desires it should fall out otherwise wee expressed to them with the greatest modestie wee could our desires in some few Articles and with great patience have attended his Majesties pleasure thereanent And all this Moneth by-gone being frequently conveened to heare the same delivered by his Majesties Commissioner the right Noble and potent Lord James Marquesse of Hamiltoun c. we presented a new petition to his Grace as his Majesties Commissioner craving most humbly the indiction of a free Assembly and Parliament as the onely remedies thereof Like as finding a mis-information or mistake of our Covenant with God as if it had beene an unlawfull combination to bee the maine hinderance of obtaining our desires in a new supplication wee have fully removed that impediment renewed our desires of those supreme judicatories to bee indicted with diligence for settling of the Kirke and Kingdome But being answered only with delayes after these nine Moneths attendance and with this Proclamation that conteined his Majesties gracious declaration of his pious intentions not to admit of any innovations in Religion or Law nor any staine of Popish superstition But on the contrary to be resolved to maintaine the true Christian Religion professed in this Kingdome which we were ever so far from calling in question as in our supplicatications complaints and bills we used the same as one cause of our desires one ground of our confidence of a gracious answer and argument of our adversaries malignant mis-information of so religious a King And now most humbly with bended knees and bowed hearts thanke our gracious Soveraigne for the same Wishing and praying the Lord of heaven truly and fully to informe his Majestie how far these bookes judicatories and all our other evils and grievances are full of idolatrous superstitions and Popish errours How destructive of the reformation of Religion in this Land and of the Lawes and Liberties of this Church and Kingdome and so directly contrary to this his Majesties pious intention and Declaration Yet seeing that no Proclamation could sufficiently remove the present evils nor settle our feares nor secure us from the re-entrie of any evill or Innovation which it seemed to discharge or prevent the like in time comming nor satisfie our humble supplications craving the present indiction of a free Assembly and Parliament as the only remedies of our evils and meanes to prevent the like And seeing this Proclamation doth not so much as make mention or acknowledge any of our supplications complaints and grievances or any just cause thereof except under the name of great increase of disorders faults and mis-demeanours but only our feares of some future Innovation of Religion or Lawes occasioned onely as is pretended by the introduction of the Service booke booke of Canons and High Commission which feares his Majestie hoped to have beene abundantly and sufficiently satisfied by his two former Proclamations of the ninth of December and ninteenth of February And by this his present Declaration except his subjects bee blindly under pretext of Religion led unto disobedience Doth mis-ken passe over and so in effect denie all our supplications bills articles and desires especially our complaints against the Prelats our parties And that once for all in a faire and perswasive way even after the resaite of our last supplication clearing us from the calumnie of unlawfull combination Doth not disallow nor discharge any of the innovations and evils complained upon but only assureth that his Majestie will not presse their practice but in such a faire and legall way as shall satisfie his subjects of his intention which joyned with the other clause allowing and confirming the Proclamation the nineteenth of February evidenceth the liberty left to any Prelate or persons to practise the same and by all other faire waies to perswade others thereunto and his Majesties resolution to presse their practice in a faire and legall way And also confirmeth the former Declaration that the Service Booke is a ready meane to maintaine the true Religion already professed and to beat out all Superstition and no waies to be contrary to the Lawes of this Kingdome but to be compiled and approved for the universall use and edification of all his Majesties subjects Doth not abolish but promiseth to rectifie the High Commission with advice of his privie Councell implying the Kings power with consent of the Councell to establish this or any judicatory within this Kingdome without consent of the three Estates conveened in Parliament contrary to the fundamentall and expresse Lawes thereof and by consequent with the like reason to establish Lawes and Service bookes without consent of the Assembly and Parliament Which is contrary to the maine ground of all our supplications against the manner of their introduction Doth only promise to take into his consideration in an Assembly and Parliament which shall bee called at his best convenience while as the evident and urgent necessity for settling the combustions threatning the totall dissolution and desolation of this Church and
Country and our posterity and doth tend to no other end but to the preservation of the true reformed Religion the confession of Faith Lawes and Liberties of this His Majesties most ancient Kingdome and of His Majesties authority in defence thereof and satisfaction of our humble desires contained in our Supplications complaints and articles unto the which we adhere againe and again as we would eschew the curse of the Almighty God following the breach of his Covenant And yet we doe certainly expect according to the Kings Majesty his accustomed goodnesse and justice that His sacred Majesty after a true information of the justice of our cause and carriage will presently indict these ordinary remedies of a free Assembly and Parliament to our just Supplications complaints and articles which may be expected and useth to be granted from so just and gracious a King towards most loyall and dutifull Subjects calling for redresse of so pressing grievances and praying heartily that His Majesty may long and prosperously reigne over us WHereupon a Noble Earle John Earle of Cassles c. in name of the Noblemen M. Alexander Gibson younger of Dury in name of the Barons James Fletcher Provost of Dundy in name of the Borrowes M. John Ker Minister at Salt-Prestoun in name of the Ministers and Master Archbald Johnston Reader hereof in name of all who adheres to the Confession of Faith and Covenant lately renewed within this Kingdome tooke Instruments in the hands of three Notars present at the said mercat Crosse of Edinburgh being invironed with great numbers of the foresaid Noblemen Barons Gentlemen Borrows Ministers and Commons before many hundred witnesses and craved the extract thereof And in token of their dutifull respect to his Majesty confidence of the equity of their cause and innocencie of their carriage and hope of his Majesties gracious acceptance they offered in all humilitie with submisse reverence a Copy thereof to the Herauld NOw We must appeale to the judgement of the world whether there was any thing in this Our Proclamation which deserved such an undutifull and rebellious Protestation or the seditious clamours which both at their private and publicke meetings especially in their Pulpits were made against it This Protestation needeth no answere for after the first part of it which is nothing but a repetition of that which they have so often said there is nothing but a number of falsities heaped up together as the Reader may easily perceive For whereas they alledge That they have removed the impediment which caused their Covenant to be mistaken as if it had beene an unlawfull combination We suppose that thereby they meane that which they tendered to Our Commissioner and called it by the name of an explication of their Covenant which explication was so farre from giving unto Us any satisfaction that both to Us and all reasonable men it must needs appeare to be a stronger confirmation of their unlawfull combination For whereas they refused to except Us out of the number of those persons against whom their band of mutuall maintenance is intended it plainely demonstrateth that in their intentions We are the person chiefly aimed at In some few lines after this they professe that they never so much as called in question Our resolution to maintaine the Religion professed in that kingdome and Our care for not admitting any Innovations in Religion or any staine of Popish superstition Now We doe appeale even to their owne consciences whether in their private meetings nay even in their publike assemblies and Sermons they have not endevoured to settle in Our good subjects mindes opinions feares and jealousies quite contrarie to these their printed asseverations In the last part they ground their Protestation upon no grounds but such as these That they will continue together because they have obliged themselves by oath so to doe and because they will and are resolved to adhere constantly to what they have done and because they offer to cleare themselves before a generall Assembly and Parliament where they themselves make accompt to be Judges Now these and such like false and weake grounds it is very unnecessarie to confute the rehearsall of them being upon the first view their sufficient conviction After all these they end their Protestation with two very unsavourie conclusions The first is that if We will not allow of their proceedings they themselves will call a Generall Assembly which shall be sure to allow of them A notable piece of hypocrisie and disloyaltie together to be suiters to Us for that which they as they say both may doe and are resolved to doe without Our leave The second is they protest that notwithstanding any thing which We doe or shall say to the contrarie all their proceedings are in themselves most necessarie and orderly meanes agreeable to the Laws and practise of that Church and Kingdome to be commended as reall duties of faithfull Christians loyall subjects and sensible members of the body of that Church and Kingdome and no way to be styled or accounted great disorders misdemeanours blinde disobedience under pretext of Religion and running headlong into ruine All which words are multiplied onely to make up a verie unmannerly contradiction to the verie words of Our Proclamation Our Commissioner seeing not that he was not able to give but that they were resolute not to receive any satisfaction by what was offered and that the most that they could be brought to was that which they called an explication of their Covenant but indeed was none for they would never yeeld that these words whereby in their Covenant they bound themselves in a mutuall defence against all persons whatsoever should admit this interpretation Except the King He told them plainly that since his Instructions were out he could proceed no further with them without new conference with and Instructions from Us and therefore he resolved a speedie journey to Us to informe Us of what had passed and make Us acquainted with that explication of their Covenant which they had given him though as it had given no satisfaction to himselfe so he was sure it would give none to Us In the meane time he entreated them to behave themselves more quietly and peaceably then they had done untill Our pleasure were further knowne That pretended explication of their Covenant was conceived by way of Petition and was this To His Majesties Commissioner The supplication of the Noblemen Barons Burgesses Ministers and Commons here attending His Majesties gracious answer of our former petitions complaints and desires Humbly shewing THat whereas we expecting from your Grace as His Majesties Commissioner a gracious answer of our former supplications complaints and just desires have presented to your Grace a petition humbly craving a free generall Assembly and Parliament as the ordinarie remedy of our grievances and the onely meane to put this Kirk and Kingdome to quietnesse It pleased your Grace to shew that His Majestie from His princely care of this Kirk and Kingdome
this to be any hinderance of the indiction of a Generall Assemblie but rather a powerfull and principall motive with speed to conveene the same as the proper Judicatorie wherein to determine such dangerous and universall differences of the Church Neither do wee heare that any Ministers are deposed but onely suspended during this Interim till a Generall Assemblie for their erroneous doctrine and flagitious life So that it were most offensive to God disgracefull to Religion and scandalous to the people to restore them to their places till they be tried and censured And concerning Moderators none of them as we understand are deposed but some onely changed which is verie ordinarie in this Church The fourth concerning the repairing of Parishioners to their owne Church and that Elders assist the Ministers in the discipline of the Church ought to be cognosced and judged by the particular Presbyteries to which the Parishioners and Elders are subject since the cause may bee in the Ministers no lesse then in the Parishioners and Elders And in case they finde no redresse there to assent till they come to a Generall Assemblie the want whereof maketh disorders to bee multiplied both in Presbyteries and particular Parishes To the sixth That ministers wait upon their owne Churches and that none of them come to the Assemblie or place where the same is kept but such as shall bee chosen Commissioners from Presbyteries we answer That none are to come to the place of the Assemblie but such as are either allowed by Commission to have voice or otherwise have such interesse as they can justifie to his Majesties Commissioner and the Assemblie conveened To the seventh Concerning the appointing of Moderators of Presbyteries to bee Commissioners to the Generall Assemblie onely constant Moderators who have ceased long since were found in the Assemblie 1606. which yet was never reputed by the Church to be a lawfull nationall Assemblie to be necessarie members of the Generall Assemblie And if both the Moderators who if they be necessarie members need not to bee chosen and the chosen Commissioners repaire to the Assemblie the Assemblie it selfe can judge best of the members whereof it ought to consist To the ninth That no lay-person whatsoever meddle with the choosing of Commissioners from the Presbyteries and no Minister without his owne Presbyterie we say That according to the order of our Church discipline none but Ministers and Elders of Churches ought to have voice in choosing Commissioners from Presbyteries and that no Minister or Elder should have voice in Election but in his owne Presbyterie The rest of the particulars are concerning civill matters As the fifth concerning the paying of Rents and Stipends to Ministers and Bishops concerning which we can say no further but that the lawes are patent for them as for his Majesties other subjects and that the General Assemblie ought not to be delaied upon any complaint in that kinde The eighth requiring that Bishops and Ministers be secured in their persons we think so reasonable that wee will promise everie one of us for our own parts they shall suffer no violence from us and that we shall hinder others so farre as wee may And if any trouble them otherwise or make them any kinde of molestation in that attendance but by order of Law the parties are justly punishable according to the degree of their fault as other subjects are To the tenth concerning the dissolving of all Convocations and meetings and the peaceablenesse of the Countrie These meetings being kept for no other end but for consulting about lawfull remedies against such pressing grievances as threaten the desolation of this Church and State cannot be dissolved till the evils be removed And we trust that nothing in these our meetings hath escaped us which carrieth in it the smallest appearance of undutifulnesse or which may seeme to tend to the breach of the common peace But although our adversaries have herein calumniated us yet we have alwayes so behaved our selves as beseemed his Majesties most humble and loyall subjects petitioning his Majestie for a legall redresse of our just grievances To the last concerning the Covenant the Commissioner his Grace having many times and most instantly pressed us with that point we did first by invincible arguments make manifest that wee could not without sinning against God and our owne consciences and without doing wrong to this Nationall Church and all posteritie rescind or alter the same And thereafter did at large cleare the same of all unlawfull combination against Authoritie by our last Supplication and Declaration which his Majesties Commissioner accepted as the most readie and powerfull of all other meanes which could come within the compasse of our thought to give his Majestie satisfaction The subscription of this our confession of Faith and Covenant being an act so evidently tending to the glorie of God the Kings honour and happinesse of the Kingdome And having alreadie proved so comfortable to us in the inward of our hearts It is our ardent and constant desire and readie wish that both his Majestie and all his good subjects may be partakers of the same comfort Like as we finde our selves bound by conscience and by the Covenant it selfe to perswade all his Majesties good subjects to joyne with us for the good of Religion his Majestes honour and the quietnesse of the Kingdome which being modestly used by us without pressing or threatning of the meanest we hope shall never give his Majestie the least cause of discontent Seeing therefore according to our power and interesse wee are most willing to remove all hinderances that things may bee carried in a peaceable manner worthy our Profession and Covenant doe aime at nothing but the good of the Kingdome and preservation of the Church which by consumption or combustion is like to be desperately diseased except remedy some way bee speedily provided And wee delight to use no other meanes but such as are legall and have beene ordinarie in this Church since the Reformation Wee are confident that without further delay for preventing of greater evils and miseries then wee can expresse our just desires shall be granted So shall we be encouraged in the peace of our souls still to pray for his Majestie all encrease of true honour and happinesse UPon their refusall he sent for some of the chiefe Lords Covenanters and told them of his resolution for a new journey that he found their wayes such as he could not goe along with them that he had power to grant them a free Generall Assembly but that he could not conceive that to be a free one in which they should bring in everie man to have a voice whom they had a minde to If they would let him know what manner of persons should sit there and what they intended to doe there he would give his best concurrence if he found their intentions to be agreeable to the lawes and customes of that Church and
these eight Articles composed and commanded by their Tables In the second Article they set downe to everie Presbyterie a set forme of a Commission to be made to their Commissioners which was never done before and at the Assemblie when the severall Commissions were read it was observed that all the Commissions were the same verbatim except a verie few from some Presbyteries who would not be ruled by the Table and gave power to their Commissioners to continue no longer in the Assemblie then Wee or Our Commissioner in Our name should continue it In the same Article they will have the Presbyteries in their Commissions to take it pro confesso that the pretended and complained of Innovations are corruptions and disorders disturbing the peace and tending to the overthrow of their Religion and Liberties within the reformed Church of that Realme If this bee not to prejudge and take that for granted which was to be tried by the Assemblie whether it was so or not viz. whether these things complained of were Innovations and corruptions introduced in Religion We must leave it to the Reader to judge In the third Article they appoint Lay-men to sit in Presbyteries which had not beene done for above fortie yeares before Nay and these Lay-men to be equall in number with the Ministers which is contrarie to their owne book of Discipline alledged by them which did then order that the Ministers should alwayes exceed the number of the Lay Elders so that before this time they never were equall in number Nay that these Lay-men should have voices not onely in the chusing of their own Lay Elder but which is insufferable should have suffrage in the Election of the three Ministers Commissioners for the Assemblie which they themselves do know was never heard nor practised in that Church before in the verie first and strictest times of reformation nor ever since In the fourth Article they order a notable trick and device of their owne to bee put in practice whereby they were ascertained that no Minister should bee chosen Commissioner in any Presbyterie where they had any power but such as did undoubtedly concurre with them in their rebellious courses for they appointed and accordingly it was practised that everie man suspected to bee of a different judgement from them should presently bee processe and brought under the scandall of erroneous life or doctrine and so made uncapable of being chosen Commissioner according to which Article there were verie few Ministers in the Kingdome who had not subscribed their Covenant but they were presently suspended by their Presbyterie where they had voices to do it or at the least put under processe by some one or other which could not be prevented for no man can bee denied an originall processe against any man whom he will implead But yet this Article left no evasion if it should happen that such a one should be chosen Commissioner for in this case they ordered that the rest who gave not voices should protest against the election and complaine of it to the Generall Assemblie where they were sure enough to processe him there and lay him aside untill his processe should bee discussed which they did put in practise upon some Ministers who did not concurre in judgement with them at the first sitting downe of the Assemblie The sixth Article is directly against the Constitutions of their Church then in force and till then practised the Moderator of the Presbyterie being constantly one as being most able to give an accompt to the Assemblie of all Presbyteriall actions The seventh Article gives order for practising the above mentioned equivocation and enjoyneth them to make their elections before they received Our answer and that they repaire to Edinburgh immediately after their election that all the Commissioners elected may consult before hand upon what was to be said or done at the Assemblie which is in effect neither more nor lesse then to receive directions from their Tables how to carrie themselves at the Assemblie and indeed to preconveene and hold the Assemblie at Edinburgh before their meeting at Glasgow These were their publike instructions which they were not ashamed to avowe and send abroad from their Tables as it were by publike authoritie to the severall Presbyteries of that Kingdome And whether they do not containe prelimitations of the Assemblie we shall leave it to the Reader to judge But whether if We Our Commissioner or Councell had sent any such directions and instructions to the severall Presbyteries they would not have exclaimed against them as unsufferable prelimitations of that Assemblie and prejudgings of the liberties of the Church of Christ in that Realme Wee do appeale even to their owne consciences And yet these publike instructions are nothing to the private ones which they durst not communicate to all their partie but onely to some one Laick and one Minister their speciall confidents in every Presbyterie of which you shall heare more afterwards in their due place Notwithstanding all these discouragements arising from the disorderly proceedings of the Covenanters in the time of his absence Our Commissioner the day after the time prefixed for his returne viz. the 22. day of September 1638. assembled Our Councell at Our Palace of Holy-rood-house and there first delivered unto them this letter from Us as followeth Apud Holy-rood-house Septemb. 22. 1638. The which day James Marquesse of Hamiltoun His Majesties Commissioner produced and exhibited before the Lords of Privie Councell the two Missives underwritten signed by the Kings Majestie and directed to the said Lords which being read heard and considered by the said Lords They have ordained and ordaines the same to bee inserted and registred in the bookes of Secret Councell therein to remaine ad futuram rei memoriam whereof the tenour followeth CHARLES R. RIght trusty c. being certainly informed that the distractions which have happened of late both in Church and Common-wealth in this Our ancient Kingdome of Scotland have much troubled the minds of many of Our good and loyall subjects and that these distractions have beene occasioned upon jealousies and feares of innovation of Religion and Lawes as tending to the introduction of Poperie and not without some suspicion as if Wee Our selfe were inclined that way Upon occasion whereof many of Our subjects have of late subscribed a band or Covenant for preserving the true Religion and Lawes already established and for defending the Kings person and each others in defence thereof But the same not being warranted by Royall authority as that which was in Our deare Fathers time must needs of it selfe be ineffectuall and much prejudiciall to the ancient Forme and Custome of government kept within that Our Kingdome of Scotland Wherefore Wee out of Our inborne love to Our said native Countrie and for obviating these conceived feares and satisfying of you and all Our loving people have thought good to ordaine the Confession of Faith and band subjoyned thereto of the date at Edinburgh
Januarie 28. 1580. and signed by Our Royall Father to bee renewed And to that effect have given Order to Our Commissioner with advice of Our Councell to set downe and settle some solid course whereby the same may be subscribed by Our Councell Judges Magistrates of Burroughes and all other Our people of that Kingdome And for further clearing of Our selfe Wee declare That as We are and ever have beene satisfied in Our judgement and conscience for the reformed Religion now established and against the Roman so Wee purpose by Gods grace both to live and die in the practice thereof and to preserve and maintaine the same in full strength and integritie according to the Lawes of that Our ancient Kingdome What We have thought further fitting to be done at this time concerning the particulars contayned in Our subjects petitions you shall receive Our full pleasure therein from Our Commissioner And that this Our Declaration concerning Our selfe and Our pious intention for settling the Reformed Religion within that Our Kingdome may appeare to posteritie Our pleasure is that these presents be registred in the Books of Councell Oatlands Septem 9. 1638. THis Our Letter being received by Our Councel with all submissive joyfull and thankfull acknowledgment Our Commissioner made them further acquainted with the particulars of Our grace and favour for the appeasing of the troubles of that Our kingdome who upon hearing of the same were filled with excessive joy as making full account that now malice it selfe could not finde the least pretence of keeping Our people from being satisfied all things which ever yet since the beginning of these troubles they had desired being granted unto them But so soone as some of Our Councellours who were not onely Covenanters in their heart but the very heart of their Covenant had made some of the chiefe covenanting Lords acquainted with the unexpected excesse of Our favours towards Our people these Lords making full accompt that their reigne was upon the point of expiration if the people should understand Our grace and favour bestirred themselves with might and main to disperse rumours amongst them That the newes brought home by Our Commissioner importing Our answer did tend to the utter subversion of their Religion and liberties That there was a new Covenant to be set on foot by Us to destroy theirs and that if they now did not resist all they had done was quite undone and lost After which the principall of them came downe first to Our Commissioner and then to Our Councell requesting them or indeed rather requiring them that they would not subscribe the Confession of faith nor require it to be subscribed by others by any authoritie from Us threatning in a manner that if they did they would repent it and that a present rupture would follow Our Commissioner and Councell heard them twice fully but found not the least ground of reason for the delay of the declaration of Our grace and favour towards Our people as seeing it proceeded onely from an earnest desire in these Lords to have it concealed from them and therefore resolved and imparted unto the Lords covenanters their resolution that they would publish it that day being Saturday The Lords covenanters did then seeme to abate something of their requests or rather demands and desired Our Commissioner and Councell to delay the publishing of Our Declaration onely untill the Munday following before which time if they could not shew good reasons for the stopping of it they would be content with the publication thereof Which motion of theirs wanted not seconding from some of Our Councell there present who were indeed the first and chiefest of them But Our Commissioner and Councellours well and wisely foreseeing that this delay was desired first that these Lords Covenanters might have time to pen and prepare a Protestation against this Our gracious Declaration with the contents whereof some of Our Councellors heartie Covenanters had made them acquainted which Protestation could not be provided nor penned in the space of so few houres secondly that the Lords covenanters made no question but that the next day being Sunday their Ministers in all the Pulpits of Edinburgh by their subornation should so conjure up the spirits of Our people against Our gracious Declaration as they should not be easily and readily laid againe Thirdly that they might have time to dispatch messengers Poasts abroad with copies of their Protestation in all Burroughs where Our Declaration was to be published before or as soone as Our Declaration could be sent to those places for these important considerations Our Commissioner and Councell did declare unto these Lords after full hearing of them that considering the invaliditie of their reasons to the contrarie Our gracious Declaration should be published that day at the Crosse of Edinburgh And so accordingly Our Declaration that day was proclaimed as here it followeth CHarles by the grace of God King of Scotland England France and Ireland defender of the faith To Our Lovits Messengers Our Sheriffes in that part conjunctly and severally specially constitute greeting Forsomuch as the cause and occasion of all the distractions which have happened of late both in Church and Common-weale of this Our Kingdome have proceeded from the conceived feares of innovation of Religion and Lawes To free all Our good subjects of the least suspition of any intention in Us to innovate any thing either in Religion or Lawes and to satisfie not onely their desires but even their doubts We have discharged and by these presents do discharge the Service Booke Booke of Canons and High Commission and the practice of them or any of them and by these presents annulls and rescinds all acts of Councell Proclamations and other acts and deeds whatsoever that have been made or published for establishing them or any of them and declares the same to be null and to have no force nor effect in time comming And being informed that the urging of the practice of the five articles of Perth Assembly hath bred great distraction and division in the Church and State We have beene graciously pleased to take the same into Our consideration and for the quiet and peace of Church and State doe not onely dispense with the practice of the saids Articles but also discharge like as by these presents We discharge all and whatsoever persons from urging the practice thereof upon either Laicke or Ecclesiasticall person whatsoever And We do hereby free all Our subjects from all censure and paine whether ecclesiasticall or secular for not urging practising or obeying the same notwithstanding of any thing contained in the acts of Parliament or generall Assembly to the contrary And because it hath beene to the disgrace of government disperst and surmized throughout this Our kingdome that some of Our subjects have exercised such illimited and unwarranted power and have held themselves eximed from censure and punishment to which others Our subjects are lyable We doe by these presents declare that
if any of Our subjects whether ecclesiasticall or civill of whatsoever qualitie title or degree have or shall at any time presume to doe any such act or assume to themselves any such exemption or power That they shall like as by these presents We make and ordaine them to be lyable to the triall and censure of Parliament generall Assembly or any other Judicatories competent according to the nature and qualitie of the offence And for the free entry of Ministers that no other oath be administrate unto them then that which is contained in the act of Parliament And to give Our subjects full assurance that We never intend to admit of any change or alteration in the true Religion alreadie established and professed in this Our kingdome And that all Our good people may be fully and clearly satisfied of the realitie of Our intentions towards the maintenance of the truth and integritie of the said Religion We have thought fit and expedient to injoine and authorize like as We by these presents doe require and command all the Lords of Our privie Councell Senatours of the Colledge of Justice Judges and Magistrates to burgh and land and all Our oâ—her subjects whatsoever to subscribe and renew the Confession of Faith subscribed at first by Our deare Father and His houshold in the yeare of God 1580. Thereafter by persons of all rankes in the yeare 1581. by ordinance of the Lords of secret Councell and acts of the generall Assembly Subscribed againe by all sorts of persons in the yeare 1590. by a new ordinance of Councell at the desire of the generall Assembly with their generall band of maintenance of the true Religion and the Kings person And for that effect We doe require the Lords of Councell to take such course anent the foresaid confession and generall band that it may be subscribed and renewed throughout the whole kingdome with all possible diligence And because We will not leave in Our subjects minds the least scruple or doubt of Our royall intentions and reall resolutions Wee have given warrant to Our Commissioner to indict a free generall Assembly to be holden at Glasgow the twenty first day of November in this present yeare 1638. And thereafter a Parliament to be holden at Edinburgh the fifteenth day of May Anno 1639. for settling a perfect peace in the Church and Common-weale of this kingdome And because it is likely that the disorders and distractions which have happened of late have beene occasioned through the conceived feares of innovation of Religion and Lawes and not out of any disloyaltie or disaffection to soveraigntie We are graciously pleased absolutely to forget what is past and freely to forgive all by-gones to all such as shall acquiesce to this Our gracious pleasure and carry themselves peaceably as loyall and dutifull subjects and shall ratifie and approve the same in Our next ensuing Parliament And that this Assembly may have the better successe and more happy conclusion Our will is that there be a solemne Fast proclaimed and kept by all Our good subjects of this kingdome a foureteene dayes before the beginning of the said Assembly the causes thereof to be a begging a blessing from God upon that Assembly and a peaceable end to the distractions of this Church and kingdome with the aversion of Gods heavie judgement from both And Our pleasure is that this Fast be kept in the most solemne manner as hath beene in this Church at any time heretofore upon the most extraordinary occasion OUR WILL is herefore and We charge you straightly and command that incontinent these Our Letters seen ye passe and make publication hereof by open proclamation at the market crosses of the head burrowes of this kingdome where-through none pretend ignorance of the same Given at Our Court of Oatlands the ninth day of September 1638. Per Regem AFter this Declaration was proclaimed the Confession of Faith as it was at the first commanded by Our Royall Father as also the band annexed for defence of the Religion now established and of Our Person and authoritie with the subscriptions of Our Commissioner and Councell to them both doe here follow The Confession of Faith of the Kirke of SCOTLAND Subscribed at the first by the Kings Majesties umwhile dearest Father of blessed memory and his Houshold in the yeer of God 1580. Thereafter by persons of all ranks in the yeere of God 1581. by ordinance of the Lords of Secret Councel and Acts of the Generall Assembly Subscribed againe by all sorts of Persons in the yeer 1590. by a new Ordinance of Councel at the desire of the general Assembly With the general Band for maintenance of the true Religion And now renewed and subscribed again by his Majesties speciall command by the right noble Marquesse James Marquesse of Hamiltoun Earle of Arran and Cambridge Lord Even and Evendail his Majesties high Commissioner and Lords of secret Councell undersubscribing And that of and according to the date and tenor of the said Confession of Faith dated in March 1580. and of the Band dated in Anno 1589. WEe All and every one of us underwritten protest That after long and due examination of our owne Consciences in matters of true and false Religion are now throughly resolved in the Truth by the Word and Spirit of God and therefore we beleeve with our hearts confesse with our mouths subscribe with our hands and constantly affirme before God and the whole World that this only is the true Christian Faith and Religion pleasing God and bringing salvation to man which is now by the mercy of God revealed to the world by the preaching of the blessed Evangel And received beleeved and defended by many and sundry notable Kirks and Realmes but chiefly by the Kirk of Scotland the Kings Majestie and three Estates of this Realme as Gods eternall truth and onely ground of our salvation as more particularly is expressed in the Confession of our Faith stablished and publikely confirmed by sundry Acts of Parliaments and now of a long time hath been openly professed by the Kings Majestie and whole body of this Realme both in Burgh and Land To the which Confession and forme of Religion wee willingly agree in our consciences in all points as unto Gods undoubted Truth and Verity grounded onely upon his written Word And therefore Wee abhorre and detest all contrarie Religion and Doctrine But chiefly all kinde of Papistrie in generall and particular heads even as they are now damned and confuted by the Word of God and Kirke of Scotland but in speciall we detest and refuse the usurped authoritie of that Roman Antichrist upon the Scriptures of God upon the Kirk the civill Magistrate and conscience of men All his tyrannous lawes made upon indifferent things against our Christian liberty His erroneous doctrine against the sufficiency of the written word the perfection of the Law the office of Christ and his blessed evangel His corrupted doctrine concerning originall sin our naturall
and hopes for so much as was not as yet granted All these made us confidently to expect from his Majestes Royall and compassioned disposition towards this his native Kingdome that a free Generall Assembly and Parliament should have beene indicted as the ordinary and most proper remedies of our grievances and did constraine us to renew our petition earnestly intreating that his Majesties Commissioner would be pleased to represent unto his Majesty the condition of this Kirk and Kingdome crying in an extreme exigencie for present helpe with the lawfulnesse of the remedies prescribed by his Majesties Lawes required by us and presented to him in some particular Articles which his Grace promised to recommend to his Majestie and to doe his best endeavours for obtaining the same especially the first Article that there might be indicted a full and free Generall Assembly without prelimitation either in the constitution and members thereof in the order and manner of proceeding or in the matters to be treated And if there should be any question or doubt about one of these or such like particulars that the determination thereof might be remitted to the Assembly it selfe as the only proper and competent judge And now after so many supplications complaints articles and informations after our necessary protestation expressing the humble thankfulnesse and continued desires of our hearts after so long expectation and so much dealing having with open eares and attentive minds heard his Majesties Proclamation it is our desire purpose and endevour so to proceed that we may upon the one part still be thankfull to God and the King for the least blinke of his Majesties countenance and the smallest crums of comfort that fall unto us from his Majesties Royall hands beseeching the Lord yet further to enlarge his Majesties heart for our full satisfaction and rejoycing to the honour of God the good of this Kirk and Kingdome and his Majesties never dying fame and glory that his wise government and zeale to the service of God may be a measure and pattern of desires to all generations hereafter when they shall be wishing for a religious and righteous King And on the other part that Christ our Lord the King of Kings through our neglect or luke-warmnesse may want no part of his Soveraignty and Dominion and that in our Religion which is more dear unto us then our lives we deceive not our selves with that which cannot satisfie and make up the breach of this Kirke and Kingdome or remove our feares doubts and suspicions of the innovations of Religion This hath made us to observe and perceive that his Majesties Proclamation doth ascribe all the late distractions of this Kirke and Common-wealth to our conceived feares of the innovation of Religion and Law as the cause and occasion thereof and not to the innovations themselves with which we have beene for a long time and especially of late heavily pressed and grieved as if the cause were rather in apprehension and fancie then in reality and substance That the Service book and booke of Canons are not so far discharged by this Proclamation as they have beene urged by preceding Proclamations for this Proclamation onely dischargeth the practice of them and rescinds the Acts made for establishing their practice but doth not rescind the former Proclamations namely that of the 19. of February at Stirling and that of the fourth of July at Edinburgh which give an high approbation to these Books as fit meanes to maintaine Religion and to beat down all superstition and withall declares his Majesties purpose to bring them into this Kirk in a faire and legall way And thus both our feares that they may be introduced hereafter must still remaine and the libertie of the Generall Assembly by such a Declaration of his Majesties judgement is not a little prejudged in the minds of so many as wisely consider and compare the preceding Proclamations with this which we now heare although others who looking upon one step and not upon the whole progresse run on rashly and neither considering what they are doing nor with whom they are dealing may be easily deceived Qui pauca videt citò judicat a short sight maketh a sudden judgement That it is declared in this Proclamation That his Majesty neither intendeth to innovate any thing in Religion or Lawes or to admit of any change or alteration in the true Religion already established and professed in this Kingdome and withall this is interposed That the articles of Pearth are established by the acts of Parliament and generall Assembly and dispensation of the practice only granted and discharge given that no person be urged with the practice thereof and consequently his Majesties intention for the standing of the Acts of the Assembly and Parliament appointing the Articles of Pearth is manifest which is no small prejudice to the freedome of the Generall Assembly That while the Proclamation ordaineth all his Majesties subjects to be liable to the triall and censure of the judicatories competent and that none of them shall use any unlimited and unwarranted power likewise that no other oath be administred to Ministers at their entrie then that which is contained in the Act of Parliament in both these Articles the Bishops are meaned who are only thereby for the present curbed against their exorbitancie and enormities in exercing their office but the office of Bishops is thereby not only presupposed as unquestionable but also so strongly established that his Majestie declareth for the present his intention to admit no innovation therein which is more evident by the indiction of the Parliament warning all Prelats to be present as having voice and place in Parliament and by the indiction of the Assembly warning all Archbishops and Bishops for so are their divers degrees and offices Ecclesiasticall here designed and supposed to be present as having place and voyce in the Assembly contrary to the caveats acts of the Kirk and our declinator And thus a third and great limitation is put upon the Generall Assembly The Proclamation by reason of these many reall limitations and prejudices of the liberty of the Assembly in the very points which have wrought so much woe and disturbance in this Kirk and Kingdome and wherein the liberty of the Assembly is most usefull and necessary at this time can neither satifie our grievances and complants nor remove our feares and doubts nor cannot without protestation be admitted by us his Majesties subjects who earnestly desire that Truth and Peace may be established and that for the reasons following 1. TO keepe silence in any thing that may serve for the good of the Kirk whether it be in preaching prayer or in proposing and voyceing in a lwfull Assembly of the Kirke is against the word of God Esai 62.6 Yee that are the Lords remembrancers keepe not silence and give him no rest till he establish and till he make Jerusalem a praise in the earth 1. King 18.21 Like the halting of the
people betweene two opinions and their not answering a word when the Lord called them to give a testimony Act. 20.20 I have keeped backe nothing that was profitable unto you and againe 1 Cor. 12.7 Mat. 15.18 Rom. 1.18 Revel 2.14.20 and 3.15 and therefore to keepe silence or not to meddle with corruptions whether in doctrine sacraments worship or discipline in a generall Assembly of the Kirk conveened for that end were the ready way to move the Lord to deny his Spirit unto us and to provoke him to wrath against our proceedings and might be imputed unto us for prejudice for collusion and for betraying our selves and the posterity 2. This predetermination is against our supplications and protestations wherein we have showne our selves so earnest for a free generall Assembly contrary to every limitation of this kind so far prejudging the liberty thereof is against the Confession of Faith registrated in the Parliament 1567. declaring that one cause of the Councels of the Kirk is for good policie and order to be observed in the Kirk and for to change such things as men have devised when they rather foster superstition then edifie the Kirke using the same and is against our late Confession wherein we have promised to forbeare all novations till they be tryed which obligeth us to forbeare now and to try them in an Assembly and by all lawfull meanes to labour to recover the former purity and liberty of the Gospel to which this limitation is directly repugnant our liberty in a Generall Assembly being the principall of all lawfull meanes serving to that end 3. This were directly contrary to the nature and ends of a generall assembly which having authority from God being conveened according to the lawes of the Kingdome and receiving power from the whole collective body of the Kirke for the good of Religion and safety of the Kirke Whatsoever may conduce for these good ends in wisedome and modestie should be proponed examined and determined without Prelimitation either of the matters to be treated or of the libertie of the members thereof It being manifest that as farre as the assembly is limited in the matters to bee treated and in the members to be used the necessary ends of the Assembly and the supreme Law which is the safety of the Kirke are as far hindered and pre-judged This limitation is against the Discipline of the Kirke which Booke 2. chap. 7. declareth this to be one of her liberties That the Assembly hath power to abrogate and abolish all Statutes and ordinances concerning Ecclesiasticall matters that are found noysome and unprofitable and agree not with the time or are abused by the people and against the acts of the generall assembly Like as the pretended Assembly 1610. declareth for the common affaires of the Kirk without exception or limitation it is necessary that there be yearly generall Assemblies And what order can be hoped for hereafter if this assembly indicted after so long intermission and so many grosse corruptions be limited and that more than ever any lawfull Assembly of the Kirk was when it was yearly observed 5. It is ordained in Parl. 11. act 40. K. James 6. anent the necessarie and lawfull forme of all Parliaments that nothing shall be done or commanded to be done which may directly or indirectly prejudge the libertie of free voycing or reasoning of the Estates or any of them in time comming It is also appointed in Parl. 6. act 92. K. James 6. that the Lords of Counsell and Session proceed in all civill causes intended or depending before them or to be intended to cause execute their decrees notwithstanding any private writing charge or command in the contrarie and generally by the acts of Parliament appointing every matter for its owne judicatorie and to all judicatories their owne freedome And therefore much more doth this liberty belong to the supreme judicatorie ecclesiastick in matters so important as concerneth Gods honour and worship immediatly the salvation of the peoples Soules and right constitution of the Kirk whose liberties and priviledges are confirmed Parl. 12. K. James 6. Parl. 1. K. Charles for if it be carefully provided by diverse Acts of Parliament especially Parl. 12. act 148. K. James 6. That there be no forstalling or regrating of things pertaining to this naturall life What shall be thought of this spirituall for stalling and regrating which tendeth to the famishing or poysoning of the soules of the people both now and in the generations afterward 6. It were contrary to our Protestations proceedings and complaints against the late innovations And it might be accounted an innovation and usurpation as grosse dangerous to us and the posterity and as prejudiciall to Religion as any complained upon by us to admit limitations and secret or open determinations which belongeth to no person or judicatorie but to an Assembly Or to consent to and approve by our silence the same predeterminations It were to be guilty of that our selves which we condemne in others We may easily judge how the Apostles before the Councell of Jerusalem the Fathers before the Nicene Councell and our Predecessors before the assembly holden at the Reformation and afterwards would have taken such dealing That this Proclamation commandeth all his Majesties Subjects for maintenance of the Religion already established to subscribe and renew the Confession of Faith subscribed before in the yeere 1580 and afterward And requireth the Lords of privie Councell to take such course anent the same and the generall Band of Maintenance of the true Religion and the Kings person that it may be subscribed and renewed throughout the whole Kingdome with all possible diligence which cannot now be performed by us For although of late we would have been glad that our selves and other his Majesties Subjects had been commanded by authority to sweare and subscribe the generall Confession of Faith against Popish errours and superstitions and now would be glad that all others should joyne with us in our late Covenant Confession descending more specially to the novations and errors of the time and obliging us to the defence of Religion and of the Kings Majesties person and authority and for these ends to the mutuall defence every one of us of another Yet can we not now after so necessarie and so solemne a specification returne to the generall for the reasons following 1. No means have been left unassayed against our late Confession of Faith and Covenant so solemnly sworn and subscribed For first we were prest with the rendring and rescinding of our Covenant Next an alteration in some substantiall points was urged 3. A Declaration was motioned which tended to the enervation thereof and now we find in the same straine that we are put to a new tryall and the last mean is used more subtile than the former That by this new subscription our late Covenant and Confession may be quite absorbed and buried in oblivion that where it was intended
of that employment by their places or such as are legally disabled to sit and decide in an Assemblie of the Church a meeting consisting of such members cannot be thought a free and lawfull Assemblie By that Act of Parliament Ja. 6. par 3. cap. 46. 1572. Everie Minister who shall pretend to be a Minister of Gods Word and Sacraments is bound to give his assent and subscription to the Articles of Religion contained in the Acts of our Soveraigne Lords Parliament and in presence of the Archbishop Superintendent or Commissioner of the Province give his oath for acknowledging and recognoscing of our Soveraigne Lord and his authoritie and bring a testimoniall in writing thereupon and openly upon some Sunday in time of Sermon or publike Prayers in the Kirk where hee ought to attend read both the testimoniall and Confession and of new make the said oath within a month after his admission under the paine that every person that shall not do as is above appointed shall ipso facto bee deprived and all his Ecclesiasticall promotions and living shall bee then vacant as if he were then naturally dead and that all inferiour persons under Prelats be called before the Archbishops Bishops Superintendents and Commissioners of the Dioceses or Province within which they dwell as the Act beares All of the Clergie conveened to this Assemblie pretend themselves to be Ministers of Gods Word and Sacraments and have benefices or other Ecclesiasticall livings yet neverthelesse the most part of them have never in presence of the Archbishop Bishop Superintendent or Commissioner of the Diocese or Province subscribed the Articles of Religion contained in the Acts of Parliament and given their oath for acknowledging and recognoscing our Soveraigne Lord and his authority and brought a testimoniall thereof and therefore they are ipso facto deprived and their places voyd as if they were naturally dead and consequently having no place nor function in the Church cannot be Commissioners to this Assembly hoc maximè attento that the said persons not onely have never given their oath for acknowledging his Majesties authority nor can shew no testimoniall thereupon as they are bound by the said Act but also having as subjects comprehended in the representative body of this Kingdome Promised to acknowledge obey maintain defend advance the life honour safety dignity soveraigne authority and prerogative Royall of his soveraigne Majesty his heires and successours and priviledges of his Highnesse Crowne with their lives lands and goods to the uttermost of their power constantly and faithfully to withstand all and whatsoever persons powers and estates who shall presume prease or intend any wise to impugne prejudge hurt or impaire the same and never to come in the contrary thereof directly or indirectly in any time comming as the Acts of Parliament Jacob. 6. Parl. 18. Cap. 1. Car. Parl. Cap. 1 doe proport And moreover being obliged at their admission to give their oath for performance of this duty of their allegeance and to testifie and declare on their conscience that the King is the lawfull supreme Governour as well in matters spirituall and Ecclesiasticall as temporall and to assist and defend all jurisdiction and authority belonging to his Majestie by the Act of Parl. 1612. yet notwithstanding of the said bands acts and promises whereby the said persons are so strictly bound to the performance of the premises his Majestie having ordained by Act of Councell at Holy-rood-house Septem 24. 1638. and proclamations following thereupon that all his Majesties lieges of whatsoever estate degree or quality Ecclesiasticall or Temporall should sweare and subscribe the said Confession together with a generall band for defending his Majesties person and authority against all enemies within this Realme or without have not onely refused to subscribe the said band and Confession but have in their Sermons and other speeches disswaded deterred impeded and hindred others of the lieges to subscribe the same and publickly protested against the subscription thereof and thereupon cannot conveen nor concurre lawfully to the making up of the body of an Assembly of the Kirk as being deprived and denuded of all place and function in the same A generall Assembly was condescended to out of his Majesties gracious clemencie and pious disposition as a Royall favour to those that so should acknowledge the same and acquiesce to his gracious pleasure and carry themselves peaceably as loyall and dutifull subjects which the Commissioners directed to this Assembly supposed to bee of the number of those that adhere to the last Protestation made at Edinburgh Sept. 1638. do not so account of and accept as appeares by the said Protestation whereby they protest That it shall bee lawfull for them as at other times so at this to assemble themselves notwithstanding any impediment or prorogation to the contray as also by continuing their meetings and Table discharged by authority refusing to subscribe the band according to his Majesties and Councels command for maintaining his Majesties Royall person and authority protesting against the same still insisting with the lieges to subscribe the band of mutuall defence against all persons whatsoever and remitting nothing of their former proceedings whereby his Majesties wrath was provoked thereby they are become in the same state and condition wherein they were before his Majesties Proclamation and pardon and so forfeit the favour of this Assembly and liberty to bee members thereof And others of his Majesties subjects may justly feare to meet with them in this convention for that by the Act of Parl. James 6. Parl. 15. cap. 31. Prelacies being declared to be one of the three Estates of this Kingdome and by the Act of Parl. James 6. Par. 8. cap. 130. all persons are discharged to impugne the dignity and authority of the three Estates or any of them in time comming under the paine of treason And whereas the King by his Proclamation declares Archbishops and Bishops to have voyce in the generall Assembly and calls them to the same for that effect as constantly they have been in use in all Assemblies where they were present as appeares by many Acts of the generall Assemblie ordaining them to keep and assist at the same as in the Assembly at Edinburgh Decemb. 15. 1566. At Edinburgh 6. March 1572. At Edinburgh May 10. 1586. and by a Letter written by the Assembly March 6. 1573. to the Regent earnestly desiring his owne or his Commissioners presence and the Lords of Councell and the Bishops at the Assembly They notwithstanding by the said Protestation Septemb. 22 declared Archbishops and Bishops to have no warrant for their office in this Kirk to be authorized with no lawfull Commission and to have no place nor voyce in this Assembly and withall doe arrogate to their meetings a soveraigne authority to determine of all questions and doubts that can arise contrary to the freedome of the Assembly whether in constitution and members or in the matters to be treated or in manner and order of
complete body exhorted them to stand by the Confession of Faith as it was sworn in 1581. After he had done Our Commissioner desired the Moderatour to say prayer and so to dismisse the Assembly which he was about to doe but was hindered by the Lords who fell againe with new perswasions to urge Our Commissioners stay with them which he answered with so much expression of griefe for there misdemeanours which had necessarily inforced this rupture that verie many of the Assembly seemed to be much moved with it When nothing could perswade his stay at last some of the Lords told him that fearing this rupture they had a protestation ready against what he had said and done which they desired him to heare read which so soone as the Clerk begun to read Our Commissioner repeated his former protestation adding in expresse words that in Our name hee dissolved the Court under the higest paines and so came out with the Lords of Our Councell leaving the Clerk reading their protestation When he came to the Church doore he found it shut so that some of his company were glad to force it open No sooner was he gone but the Lord Areskyn eldest son to the Earle of Marr stood up and made this wise speech not without teares My Lords and the rest my heart hath beene long with you I will dallie no more with God I begge to bee admitted into your blessed Covenant and pray you all to pray to God for me that he would forgive me for dallying with him so long Three others of meaner qualitie desired the same and so all those foure were presently admitted into their Covenant These men at least the Lord Areskyn were resolved to enter into their Covenant long agoe but were reserved on purpose for doing of it at that houre for the greater glory of their Covenant For no sooner had they sworn the Moderator received them by the hand but presently he desired the whole audience to admire Gods approbation and sealing of their proceedings that even at that instant when they might have feared some shrinking and back-sliding because of the present rupture He had moved the hearts of these men to begge admittance into their blessed societie Immediatly after divers stood up and spake but all much about one and to this sense They had seene how carefull and punctuall Our Commissioner was like a good servant faithfully to serve Us his Master and to observe Our instructions speaking withall much to his singular commendation how much more then ought they to be carefull to bee found faithfull in following his instructions who was Master as to all themselves so even to him who was Our Commissioners Master These speeches being ended two things were immediately put to the question First whether notwithstanding Our Commissioners departure and protestation they would adhere to their owne protestation and continue the Assembly They all voyced affirmatively except the Lord Carnaegie Commissioner from the Presbyterie of Brichen Sir John Carnaegie Commissioner from the Presbyterie of Arbroath two Ministers Commissioners from the Presbyterie of Strabogie the lay Elder and Ministers Commissioners from the Presbyterie of Peebles Doctor Strang Principall of the Colledge of Glasgow Doctor Baroune Commissioner from the Universitie of S. Andrewes with some others who refused to sit with them any longer The second was whether the Assembly though discharged by Our Commissioner was competent Judge to the Bishops and whether they would goe on in their tryall notwithstanding the reasons conteyned in their Declinator and this passed affirmatively without one contrarie voyce and so for that night the Assembly was dismissed Our Commissioner after he had left the Assemblie that very night though late assembled Our Councell none were absent except the Earle of Argyle who made some excuse and pretence for his not comming and the Lord Almond who was then sick Two things Our Councell resolved on first to write unto Us a letter of thanks for those gracious proffers which Wee by Our Commissioner had made at the Assembly Next to draw up a Proclamation for the dissolving of the Assembly Their Letter here followeth Most Sacred Soveraigne IN obedience to your Majesties Royall commands we have attended your Majesties Commissioner here at Glasgow since the 17. of this instant and according to our bound dutie in so exigent occasion have not been wanting with our humble and best advices And although wee doe remit the particular relation of what is past to his Graces selfe as best knowne to him yet we cannot for truths sake be so silent as not acknowledge to your Majestie that never servant did with more industry care judgement and patience goe about the discharge of so great a trust And albeit the successe hath not answered his desires neither yet his extraordinarie paines and as wee may confidently affirme most dexterous and advised courses taken to compasse the just command of so gracious a King yet his deserving herein merits to be remembred to posteritie And since your Majesty hath been pleased to renew to us your former act of grace expressed in your Proclamation and Declaration anent the maintenance of the true Religion and we in the defence and profession thereof wee doe all in humilitie and hearty acknowledgement of so great goodnesse returne to your Majesty the offer of our lives and fortunes in defence of your Sacred person and maintenance of your Royall Authority and shall in all our actions approve our selves your Majesties most loyall subjects and humble servants Sic subscribitur Traquaire Roxburgh Marre Murray Lithgow Perth Wigtoun Kingorne Tullibardin Haddington Galloway Annandaile Lauderdail Kinnoul Dumfreis Southesk Angus Elphinstoun Naper Dalyell Hay W. Elphinstoun Ja. Carmichael Hamiltoun Blackhall From Glasgow Novem. 28. 1638. TO this Letter the Lord of Argyle refused to set his hand Next morning the Proclamation was signed by Our Commissioner and Councell but the Earle of Argyle refused to signe it as before hee had done the Letter The Proclamation here followeth CHARLES by the grace of God King of Scotland England France and Ireland Defender of the Faith To Our Lovits Heraulds Pursevants Our Sheriffes in that part conjunctly and severally specially constitute greeting Forsameikle as out of the royall and fatherly care which We have had of the good and peace of this Our ancient and native Kingdome having taken to Our serious consideration all such things as might have given contentment to Our good and loyall subjects And to this end had discharged by Our Proclamation the Service Booke Booke of Canons and high Commission freed and liberate all men from the practising of the five Articles made all Our subjects both ecclesiasticall and civill liable to the censure of Parliament generall Assembly or any other Judicatorie competent according to the nature and qualitie of the offence and for the free entrie of Ministers that no other oath be administrate unto them then that which is contained in the Act of Parliament had declared all by-gone
doe discharge and inhibit all and whatsoever pretended commissioners and other members of the said pretended assembly of all further meeting and conveening treating and concluding any thing belonging to the said assembly under the pain of treason declaring all and whatsoever that they shall happen to doe in any pretended meeting thereafter to be null of no strength force nor effect with all that may follow thereupon Prohibiting and discharging all our lieges to give obedience thereto and declaring them and every one of them free and exempt from the same and of all hazzard that may ensue for not obeying thereof And for this effect we command and charge all the foresaids pretended commissioners and other members of the said assembly to depart forth of this city of Glasgow within the space of xxiiii houres after the publication hereof and to repair home to their own houses or that they goe about their own private affaires in a quiet manner With speciall provision alwayes that the foresaid declaration given in under our Commissioners hand with all therein contained shall notwithstanding hereof stand full firm and sure to all our good subjects in all time coming for the full assurance to them of the true religion And our will is and we command and charge that incontinent these our letters seen ye passe and make publication hereof by open proclamation at the market crosse of Glasgow and other places needfull wherethrough none pretend ignorance of the same Given under our signet at Glasgow the 29. of November and of our reign the fourteenth year 1638. Sic Subscribitur HAMILTOUN Traquaire Roxburgh Murray Linlithgow Perth Kingorne Tullibardin Hadingtoun Galloway Annandaill Lauderdaill Kinnoull Dumfreis Southesk Belheaven Angus Dalyell J. Hay W. Elphinstoun Ja. Carmichael J. Hamiltoun THis Proclamation being very solemnly made with sound of Trumpets and by Harolds with coats of Our arms on their backs at the market Crosse of Glascow was received with a Protestation read in the same place by Iohnston the then Clerk of the Assembly assisted by the Lord Areskyn and divers others young Noblemen and Gentlemen The paper which Iohnston read was not as it seemeth that very Protestation which they printed for he read something out of a paper to that purpose and offered it by the name of a Protestation to him who read Our Proclamation which paper the Clarke of our Councell offering to receive Iohnston refused to deliver it saying He must stay untill it were written By which it is evident that they who at Glascow protested against Our Proclamation did protest and desired their Protestation to be received before it was penned as it is now printed and before they could so much as send to them in whose name it was made to know whether they would adhere to it or not But a Protestation against it they have since printed which here now we doe subjoyne that the reader may see how groundlesse and unwarrantable it is The Protestation of the generall Assembly of the Church of SCOTLAND c. Made in the high Kirk and at the Market Crosse of Glasgow Novemb. 28. and 29. An. 1638. WEE Commissioners from Presbyteries Burghes and Vniversities now conveened in a full and free Assembly of the Church of Scotland indicted by his Majestie and gathered together in the Name of the Lord Jesus Christ the only Head and Monarch of his own Church And we Noblemen Barons Gentlemen Ministers Burgesses and Commons Subscribers of the Confession of Faith Make it knowne that where We His Majesties loyall Subjects of all degrees considering and taking to heart the many and great innovations and corruptions lately by the Prelates and their adherents intruded into the doctrine worship and discipline of this Church which had been before in great purity to our unspeakable comfort established amongst us were moved to present many earnest desires and humble supplications to his sacred Majestie for granting a free generall Assemblie as the only legall and ready meane to try these innovations to purge out the corruptions and settle the order of the church for the good of Religion the honour of the King and the comfort and peace of the Kirk and Kingdome It pleased his gracious Majestie out of his Royall bountie to direct unto this Kingdome the Noble and Potent Lord James Marques of Hammiltoun with Commission to hear and redresse the just grievances of the good Subjects who by many petitions and frequent conferences being fully informed of the absolute necessity of a free generall Assemblie as the only Iudicatorie which had power to remedie those evils was pleased to undergoe the paines of a voyage to England for presenting the pittifull condition of our Church to to his sacred Majestie And the said Commissioner his Grace returned againe in August last with power to indict an Assemblie but with the condition of such prelimitations as did both destroy the freedome of an Assembly and could no wayes cure the present diseases of this Church which was made so clearly apparent to his Grace that for satisfying the reasonable desire of the Subjects groaning under the wearinesse and prejudices of longsome attendance He was againe pleased to undertake another journey to His Majestie and promised to indeavour to obtain a free Generall Assemblie without any prelimitation either of the constitution and members or matters to be treated or manner and order of proceeding so that if any question should arise concerning these particulars the same should be cognosced judged and determined by the Assembly as the onely Iudge competent And accordingly by warrant from our Sacred Soveraigne returned to this Kingdome and in September last caused indict a free Generall Assemblie to be holden at Glasgow the 21. of November instant to the unspeakable ioy of all good Subiects and Christian hearts who thereby did expect the perfect satisfaction of their long expectations and the finall remedie of their pressing grievances But these hopes were soone blasted for albeit the Assemblie did meet and begin at the appointed day and hath hitherto continued still assisted with His Graces personall presence yet His Grace hath never allowed any freedome to the Assemblie competent to it by the Word of God acts and practice of this Church and his Majesties Indiction but hath laboured to restraine the same by protesting against all the acts made therein and against the constitution thereof by such members as by all law reason and custome of this Church were ever admitted in our free Assemblies and by denying his approbation to the things proponed and concluded though most cleare customable and uncontraverted And now since his Grace after the presenting and reading of his owne commission from our sacred Soveraigne and after his seeing all our commissions from Presbyteries and Burghes produced and examined and the Assembly constitute of all the members by unanimous consent doth now to our greater griefe without any just cause or occasion offered by us unexpectedly depart and discharge any further meeting or proceeding in
this assemblie under the paine of treason and after seven dayes sitting declare all Acts made or hereafter to be made in this Assemblie to be of no force nor strength and that for such causes as are either expressed in his Maiesties former proclamations and so are answered in our former protestations or set downe in the declinatour and protestation presented in name of the Prelats which are fully cleared in our answer made thereto or else were long since proponed by the Commissioner his Grace in his eleven articles or demands sent unto us before the indiction of the Assembly and so were satisfied by our answers which his Grace acknowledged by promising after the recept thereof to procure a free generall Assembly with power to determine upon all questions anent the members manner and matters thereof all which for avoiding tediousnesse we here repeat Or otherwise the said causes alleadged by the Commissioner were proponed by His Grace in the Assemblie such as first that the â—ssemblie refused to reade the Declinatour and Protestation exhibited by the Prelats which neverthelesse was publickly read and considered by the assemblie immediately after the election of a Moderatour and constitution of the Members before the which there was no assemblie established to whom the same could have been read Next that ruling Elders were permitted to have voice in the election of commissioners from Presbyteries which was knowne to His Grace before the indiction and meeting of the assembly and is so agreeable to the acts and practice of this Church in violably observed before the late times of corruption that not one of the assembly doubted thereof to whom by the indiction and promise of a free assembly the determination of that question anent the members constituent propertie belonged And last that the voices of the six Assessors who did sit with His Grace were not asked and numbered which we could not conceive to be any just cause of offence since after 39. Nationall assemblies of this reformed church where neither the Kings Majestie nor any in his name was present at the humble and earnest desire of the assembly His Majestie graciously vouchsafed His presence either in His owne Royall Person or by a Commissioner not for voting or multiplying of voices but as Princes and Emperours of old in a Princely manner to countenance that meeting and to preside in it for externall order and if Wee had been honoured with His Majesties Personall presence His Majestie according to the practice of King James of blessed memorie would have onely given his owne Iudgement in voting of matters and would not have called others who had not been cloathed with commission from the church to carry things by pluralitie of voices Therefore in conscience of our duty to God and his truth the King and his honour the Church and her liberties this Kingdome and her peace this Assemblie and her freedome to our selves and our safety to our Posterity Persons and Estates We professe with sorrowfull and heavie but loyall hearts That We cannot dissolve this Assemblie for the reasons following 1. For the reasons already printed anent the necessity of conveening a Generall Assemblie which are now more strong in this case seeing the Assemblie was already indicted by his Majesties authority did conveene and is fully constitute in all the members thereof according to the Word of God and discipline of this church in the presence and audience of his Majesties Commissioner who hath really acknowledged the same by assisting therein seven dayes and exhibition of His Majesties Royall Declaration to be registrate in the Bookes of this Assemblie which accordingly is done 2. For the reasons contained in the former Protestations made in name of the Noblemen Barons Burgesses Ministers and Commons whereunto We doe now iudicially adhere as also unto the Confession of Faith covenant subscribed sworn by the Body of this Kingdome 3. Because as We are obliged by the application and explication subioyned necessarily to the Confession of Faith subscribed by Vs So the Kings Maiestie and his Commissioner and Privie Councell have urged many of this Kingdome to subscribe the Confession of Faith made in an 1580. and 1590. and so to returne to the doctrine and discipline of this Church as it was then professed But it is cleare by the doctrine and discipline of this Church contained in the book of Policie then registrate in the books of Assemblie subscribed by the Presbyteries of this Church That it was most unlawfull in it selfe and preiudiciall to these priviledges which Christ in his Word hath left to his Church to dissolve or breake up the Assemblie of this Church or to stop and stay their proceedings in constitution of Acts for the welfare of the Church or execution of discipline against offenders and so to make it appeare that Religion and Church-government should depend absolutely upon the pleasure of the Prince 4. Because there is no ground of pretence either by Act of Assemblie or Parliament or any preceding practice whereby the Kings Maiestie may lawfully dissolve the Generall Assemblie of the Church of Scotland far lesse His Maiesties Commissioner who by his commission hath power to indict and keep it secundùm legem praxim But upon the contrarie His Maiesties prerogative Royall is declared by Act of Parliament to be no wayes preiudiciall to the priviledges and liberties which God hath granted to the spirituall office-bearers and meetings of this Church which are most frequently ratified in Parliaments and especially in the last Parliament holden by His Maiestie himself which priviledges and liberties of the Church his Maiestie will never diminish or infringe being bound to maintain the same in integritie by solemn oath given at his Royal Coronation in this Kingdome 5. The Assemblies of this Church have still inioyed this freedome of uninterrupted sitting without or notwithstanding any contramand as is evident by all the Records thereof and in speciall by the generall Assembly holden in anno 1582. which being charged with letters of Horning by the Kings Majestie his Commissioner and Councell to stay their processe against Master Robert Montgomerie pretended Bishop of Glasgow or otherwise to dissolve and rise did notwithstanding shew their liberty and freedome by continuing and sitting still and without any stay going on in that processe against the said Master Robert to the finall end thereof And thereafter by letter to his Majestie did shew clearly how far his Majestie had been uninformed and upon misinformation prejudged the prerogative of Jesus Christ and the liberties of this Church and did inact and ordain that none should procure any such warrant or charge under the pain of excommunication 6. Because now to dissolve after so many supplications and complaints after so many reiterared promises after our long attendance and expectation after so many references of processes from Presbyteries after the publick indiction of the Assemblie and the solemn Fast appointed for the same after frequent Convention formall
protestation more largely And for the 132. and 133. act of the said Parliament 1584. there is no Ecclesiasticall priviledge or authority thereby granted to Bishops as Bishops but only a power of cognition wherein the Parliament hath joyned others the Kings Commissioners with them only as the Kings Commissioners and granted the same unto seculare persons with them but the King could never provide them to the office and jurisdiction of Bishops which was abolished by many acts of Parliament and Assemblies before written The 23. act 1587. worketh directly against Bishops being a generall ratification of all acts formerly made anent the religion presently profest in this kingdome which must include the acts abolishing Episcopacy but especially seeing in the same Parliament 1587. temporall livings are taken from the Bishops as well as the office was 1567. And the same act undoubtedly was granted in the same meaning wherein the Kirk did crave it who that same yeare had often condemned Episcopall government as contraire to Gods word and the liberty of the Kirk and approved Presbyteriall government as flowing from the pure fountaine of Gods word It falleth in here to be remarked that the act 114. anno 1592. is never alleadged and that because it not only revocks in particular the foresaid acts 1584. but in generall all other acts contrary to that discipline then established and in particulare the Assemblies Presbyteries and Synods with the discipline and jurisdiction of this Kirk are ratified and established as most just and Godly notwithstanding whatsoever statutes acts cannons civill or municipall lawes made in the contrare whereunto his Majesties prerogative is declared to be no wayes prejudiciall Further the said act abrogates all acts granting commission to Bishops and other Judges constitute in Ecclesiasticall causes and ordaineth presentation to benefices to be direct to Presbyteries with power to give collation thereupon And so containeth a ratification of the heads of Policy set downe in the second book of discipline Which act is renewed act 60. anno 1593. and the power of Presbyteries acknowledged 1594. act 129. and was never rescinded expresly in totum but only in part by the ratification of the act of Glasgow Which now cannot be respected but falleth ex consequenti seeing that Assembly of Glasgow is now upon just and infallible reasons declared to have been null ab initio and so this act of Parliament wisely omitted by the collecter to the Cōmissioners grace might serve alone without our preceeding speciall answers for clearing the whole preceeding acts The 23. act 1597. granteth the priviledge of a voyce in Parliament to the whole Kirk and under that name to Abbots or other persons provided to prelacies as well as Bishops even as in time of papistry So as Sir Robert Spottiswood Abbot of New-abbay road thereafter in Parliament which was both unwarrantable and unusuall Which doth nothing contribute for the Bishops advantage because albeit the benefice was not extinct yet neither the King nor the Parliament might give them the office so oft condemned by this Kirk which is also acknowledged in the same act because after the granting to them of the said voyce the Parliament remitteth them to the King and the Assembly concerning their office in their spirituall policy and government in the Kirk 2. The said act beareth expresly to be but prejudice of the jurisdiction and discipline of the Kirk established by acts of Parliament made in any time preceeding and permitted by the said acts to all provinciall and generall Assemblies and other whatsoever Presbyteries and Sessions of the Kirk and so the same cannot derogate from the former acts ratifying the present discipline of the Kirk especially the said act 1592. nor yet from the acts of the Assembly abjuring Episcopacy 3. The priviledge is granted upon condition they be actuall Pastors and Ministers And so we referre to the world and themselves if with good consciences they may claime the benefice of that act 4. That priviledge was obtruded and pretended to be introduced in favours of the Kirk who may and hath renounced the same as being incompatible with their spirituall function as the act of the Assembly at more length beareth upon undeniable reasons 5. When voyce in Parliament was first plausible obtruded upon the Kirk it was neither proponed nor tolerated in other tearmes then that onely such should have vote in Parliament as had Commissiom from the Kirk So that not as Bishops but as Ministers Commissioners from the Kirk they had vote in Parliament Like as the Assembly at Montrose 1600. being so hardly prest by authority that they could not get it altogether refused albeit in their conference at Haly-rud-house 1599. they proponed unanswerable reasons against this and all other civill places of pastours set downe cautions binding the Ministers voters in Parliament to bee insert in the act of parliament subsequent which was omitted notwithstanding of the Bishops oath and duty in the contrare for the breach whereof they are now most justly censured 6. The ratificatory acts of the priviledges of the Kirk and Discipline thereof then profest are not thereby abrogate but notwithstanding thereof must stand in force because it is ever understood and frequently provided in Parliament that all acts thereof are made salvo jure cujuslibe◠far more salvo jure ecclesiae sponsae Christi when she is robbed of her right without audience especially seeing her right is usually ratified in the first act of every Parliament 7. Albeit it were granted that by this Act of Parliament or any whatsoever the Prelates had voice in Parliament yet that doth not exeime them from Ecclesiastick censure nor forefault the Kirks right whereby she may condemne them for their transgressions as now this Assembly most justly hath done for by their own caveats whosoever is ecclesiastically censured by Presbyteries and provinciall Assemblies ipso facto loseth his benefice and vote in Parliament 8. Further the Bishops in their declinatour professe they never had commission from this Kirk to voice for her in Parliament according to the cautions set down in the Assembly at Montrose for the which cautions that Assembly was never challenged as trenching upon the third estate The act of parliament 1606. is coincident with the nature of the preceeding acts for albeit the King and parliament might have reponed them to their rents teends lands c. which were annexed to the Crown yea might have disponed to them any part of the patrimony of the Crown If lordly titles and civill places in the persons of pastors separat to the Gospel had been lawfull yet could not give them the spirituall office and jurisdiction spirituall which was abolished and abjured by many preceeding acts of Assembly and parliament forecited Et quod illud tantum agebatur is evident by the whole straine of the act reponing them for remeed of their contempt and poverty to their dignities priviledges livings rents lands and teinds and this alwayes
represented the third Estate since the Reformation beginning no higher then the yeare 1579. In which the Reader must note that the Abbots were secular men who had got the Abbey-lands but yet retained their names and places in Parliament Parliament 23. Octob. 1579. Sederunt pro Clero Archb. S. Andrews Sederunt pro Clero Glasgow Sederunt pro Clero Dunkell Sederunt pro Clero Murray Sederunt pro Clero Orknay Sederunt pro Clero Brechin Sederunt pro Clero Abbots 15. Parliament penult Octob. 1581. Sederunt pro Clero Archb. S. Andrews Sederunt pro Clero Brechin Sederunt pro Clero Orknay Sederunt pro Clero Abbots 12. Parliament 2. Octob. 1583. Sederunt pro Clero Archb. S. Andrews Sederunt pro Clero Dunkell Sederunt pro Clero Aberdene Sederunt pro Clero Brechin Sederunt pro Clero Orknay Sederunt pro Clero Dumblane Sederunt pro Clero Argyl Sederunt pro Clero Iles. Sederunt pro Clero Abbots 13. Parliament 22. May 1584. Sederunt pro Clero Archb. S. Andrews Sederunt pro Clero Dunkel Sederunt pro Clero Brechin Sederunt pro Clero Orknay Sederunt pro Clero Abbots 11. Parliament 26. August 1584. Sederunt pro Clero Archb. S. Andrews Sederunt pro Clero Dunkel Sederunt pro Clero Brechin Sederunt pro Clero Aberdene Sederunt pro Clero Abbots 4. Parliament 1. Decemb. 1585. Sederunt pro Clero Archâ— S. Andrews Sederunt pro Clero Dunkel Sederunt pro Clero Brechin Sederunt pro Clero Orknay Sederunt pro Clero Abbots 9. Parliament 13. July 1587. Sederunt pro Clero Archb. S. Andrews Sederunt pro Clero Aberdene Sederunt pro Clero Dunkell Sederunt pro Clero Orknay Sederunt pro Clero Brechin Sederunt pro Clero Abbots 13. Parliament 3. Aprill 1592. Sederunt pro Clero Orknay Sederunt pro Clero Dunkell Sederunt pro Clero Abbots 6. Parliament 3. Aprill 1593. Sederunt pro Clero Aberdene Sederunt pro Clero Brechin Sederunt pro Clero Abbots 6. Parliament 22. Aprill 1594. Sederunt pro Clero Dunkell Sederunt pro Clero Aberdene Sederunt pro Clero Brechin Sederunt pro Clero Abbots 5. Parliament 1. Novemb. 1597. Sederunt pro Clero Abbots 5. Parliament 1. Novem. 1600. Sederunt pro Clero Dunkell Sederunt pro Clero Brechin Sederunt pro Clero Abbots 6. Parliament 12. Aprill 1604. Sederunt pro Clero Glasgow Sederunt pro Clero Dunkell Sederunt pro Clero Rosse Sederunt pro Clero Brechin Sederunt pro Clero Caithnes Sederunt pro Clero Abbots 3. Parliament 3. July 1606. Sederunt pro Clero S. Andrewes Sederunt pro Clero Glasgow Sederunt pro Clero Dunkell Sederunt pro Clero Rosse Sederunt pro Clero Galloway Sederunt pro Clero Orknay Sederunt pro Clero Abbots 1. Sederunt pro Clero Priors 1. Parliament 3. August 1607. Sederunt pro Clero St. Andrewes Sederunt pro Clero Glasgow Sederunt pro Clero Murray Sederunt pro Clero Brechin Sederunt pro Clero Caithnes Sederunt pro Clero Orknay Sederunt pro Clero Abbots 3. ABout this time Our Commissioner resolved to aske Our leave for his returne to Us seeing there was no good to bee expected from Our faire and gracious proceedings with them of the pretended Assembly and wrote unto Us accordingly When he had received Our leave for his returne hee hearing of the great stirres which were now raised at Edinburgh and the strong and great guards which were since his leaving of Glasgow put upon Our Castle there repaired thither to Our Palace at Holy-rood-house where he found the people of that Citie horribly abused by the mis-reports of all the passages of the Assembly whilst he continued at Glasgow especially with a false information that We had there made good nothing of all which was contained in Our last gracious Declaration made at Edinburgh the 22. of September last past herewith hee made Us presently acquainted which moved Us by a very speedie dispatch to command him by Our Proclamation to make known to all Our subjects at Edinburgh the summe of his whole proceedings at Glasgow which Our Commissioner presently performed by causing this Our ensuing Proclamation to bee published at the Market Crosse of that Our Citie Charles R. CHARLES by the grace of God King of Scotland England France and Ireland defender of the Faith To Our Lovits Maissars Heraulds Pursevants Our Sheriffes in that part conjunctly and severally specially constitute greeting Whereas for the removing of the disorders which had happened of late within this Our Kingdome and for setling of a prefect peace in the Church and Common-wealth thereof We were pleased to cause indict a free generall Assembly to be holden at Glasgow the one and twentieth of November last And for Our subjects their better content and assurance that they should bee freed of all such things as by their petitions and supplications given in to the Lords of Our Privie Councell they seemed to be grieved at We in some sort preveened the Assembly by discharging by Our Proclamation the Service Book Booke of Canons and high Commission freed and liberate Our subjects from the practising of the five Articles eximed all Ministers at their entry from giving any other oath then that which is contained in the act of Parliament made all persons both Ecclesiasticall Civill lyable to the censure of Parliament generall Assembly or any other judicatorie competent according to the nature of their offence had declared all by-gone disorders absolutely forgotten and forgiven and last for securing to all posteritie the truth and liberty of Religion did command the Confession of Faith and band for maintenance thereof and of authoritie in defence of the same subscribed by Our deare Father and his houshold in anno 1580. to be renewed and subscribed againe by Our subjects here And albeit that this Our gracious and pious command in stead of obedience and submission rancountred open and publicke opposition and protestation against the same And that they continued their daily and hourely guarding and watching Our Castle of Edinburgh suffering nothing to be imported therein but at their discretion stopping and impeding any importation of ammunition or other necessaries whatsoever to any of Our houses within this Kingdome Denying to Us their soveraigne Lord that libertie and freedome which the meanest of them assume to themselves an act without precedent or example in the Christian world Like as they spared not boldly and openly to continue their conventions and Councell tables of Nobility Gentrie Ministers and Burgesses within the citie of Edinburgh where not regarding the laws of the Kingdome without warrant of Authority they conveened assembled and treated upon matters as well Ecclesiasticall as Civill sent their injunctions and directions throughout the countrey to their subordinate tables and other under Ministers appointed by them for that effect And under colour and pretext of Religion exercing an unwarranted libertie required obedience to their unlawfull and illegall directions to the
sundrie Noblemen Barons Gentlemen Magistrates and all other Our lieges who shall happen to bee present and heare any Ministers either in publike or private conferences and speeches or in their Sermons to approve and allow the said unlawfull Assemblie raile and utter any speeches against Our Royall commandments or proceedings of Us or Our Councell for punishing or suppressing such enormities that they make relation and report thereof to Our Councell and furnish probation to the effect the same may bee accordingly punished as they will answer to Us thereupon Certifying them who shall heare and conceale the said speeches that they shall bee esteemed as allowers of the same and shall accordingly bee taken order with and punished therefore without favour And to this effect We likewise straightly charge and command all Judges whatsoever within this Realme Clerks and Writers not to grant or passe any Bill summons or letters or any other execution whatsoever upon any Act or Deed proceeding from the said pretended Assemblie and all keepers of the signet from signetting thereof and that under all highest paines And because Wee gave order and warrant to Our Commissioner to make open declaration not onely of Our sense but even of the true meaning of the Confession of Faith in Anno 1580. by which it may clearely appeare that as Wee never intended thereby to exclude Episcopacie so by no right construction can it bee otherwayes interpreted as is more nor evident by the reasons contained in the said Declaration and many more which for brevitie the thing in it selfe being so cleare are omitted Herefore Wee do not onely prohibit and discharge all Our subjects from subscribing any band or giving any writ subscription or oath to or upon any Act or Deed that proceeds from the foresaid pretended Assemblie but also do require them not to subscribe nor sweare the said Confession in no other sense then that which is contained in the said Declaration and manifestly emitted by Our Commissioner under all highest paines And that none of Our good subjects who in their duty and bound obedience to Us shall refuse to acknowledge the said pretended Assemblie or any of the pretended Acts constitutions warrants or directions proceeding therefrom may have just ground of feare of danger or harme by doing thereof Wee do by these promise and upon the word of a King oblige Our selves by all the Royall authoritie and power wherewith God hath endowed Us to protect and defend them and everie one of them in their persons fortunes and goods against all and whatsoever person or persons who shall dare or presume to call in question trouble or any wayes molest them or any of them therefore And Our will is and Wee charge you straitly and command that incontinent these Our Letters seene you passe and make publication hereof by open Proclamation at the market crosse of Edinburgh and other places needfull wherethrough none pretend ignorance of the same Given from Our Court at Whitehall the eighth day of December and of Our Reigne the fourteenth yeere 1638. Per Regem THis Our Proclamation published onely to make Our people acquainted with Our gracious proceedings at Glasgow which by the malice of their Leaders had either beene concealed from them or misreported to them was received as all Our former gracious proffers with a verie undutifull windie and blustering Protestation so full of words but withall so void of truth and sense as We were once resolved not to have inserted it here neither indeed is it necessarie it should for it is stuffed with the idle and superfluous repetitions of those things which are contained in their former Protestations especially their last Protestation made at Glasgow with which indeed it is for the most part the same verbatim Yet because We know that if it should be left out they would not stick to assure their followers that it was omitted because of the unanswerable pregnancie of the reasons contained in it here you shall have it but without any answer to it as to their former Protestations hath beene given there being verie little in it which is new and so not answered before or what is in it new being either verie false or verie impertinent both which falsities and impertinencies shall onely bee observed on the margent being assured that the Reader will easily finde that there is nothing in it worthie of any larger answer The Protestation of the generall Assemblie of the Kirke of Scotland made at the Market Crosse of Edinburgh the 18. of December 1638. WE Commissioners from Presbyteries Burghes and Universities now conveened and yet sitting in a full and free Assemblie of the Kirk of Scotland indicted by his Majestie and gathered together in the name of the Lord Jesus Christ the onely Head and Monarch of his owne Kirk And We Noblemen Barons Gentlemen Ministers Burgesses and Commons Subscribers of the Confession of Faith make it knowne that where We his Majesties loyall subjects of all degrees considering and taking to heart the many and great innovations and corruptions lately by the Prelats and their adherents introduced into the doctrine worship and discipline of this Kirk which had been before in great purity to our unspeakable comfort established among us were moved to present many earnest desires and humble supplications to his sacred Majestie for granting a free generall Assemblie as the only legall and readie mean to try these innovations to purge out the corruptions and settle the disorder of the Kirk for the good of Religion the honour of the King and the comfort and peace of the Kirk and Kingdome it pleased his gracious Majestie out of his Royall bountie to direct unto this Kingdome the Noble and Potent Lord James Marquesse of Hamiltoun with Commission to heare and redresse the just grievances of the good subjects who by many Petitions and frequent conferences being fully informed of the absolute necessitie of a free generall Assemblie as the onely judicatorie which had power to remedy those evils was pleased to undergo the paines of a voyage to England for presenting the pitifull condition of our Kirk to his sacred Maiestie And the said Commissioner his Grace returned againe in August last with power to indict an Assemblie but with the condition of such prelimitations as did both destroy the freedome of an Assemblie and could no wayes cure the present diseases of this Kirk Which was made so clearely apparant to his Grace that for satisfying the reasonable desires of the subjects groaning under the wearinesse and prejudices of longsome attendance he was againe pleased to undertake another journey to His Majestie and promised to endeavour to obtaine a free generall Assemblie without any prelimitation either of the constitution and members or matters to bee treated or manner and order of proceeding so that if any question should arise concerning these particulars whereof the power of ruling Elders as a part of the constitution and the examination of Episcopacie as a present
Law will they shall bee streinied thereto James 2. Parliament 2. Act 3. And therefore now seeing there is not onely violent presumption but great menacing from the adversaries of the truth and Countrey and their adherents of the breaking of the Countrey and harming of the samine and especially his Majesties lieges within Edinburgh by the extraordinarie provision of munition to the Castle of Edinburgh and that by the saids Bishops plots from his Majesties prime officers who in his Majesties absence should preveene that inconvenient by the ordinance of that Act Therefore upon their default the Countrey it selfe and the Kings lieges in whose favours the Act is made may provide for their owne safetie and keep themselves unharmed by that Castle or any inhabitants thereof and so preveen the importation of ammunition thereunto conforme to the said Act of Parliament Secondly as the Castle of Edinburgh and certaine other Castles and lands are the Kings undoubted annexed propertie so it is to bee considered for what cause they were annexed by whom annexed upon what condition and how to be disponed upon For the onely cause exprest in the annexation thereof 41. Act. James 2. Parliament 11. is that the povertie of the Crowne is oftimes the cause of the povertie of the Realme Which Act makes no mention that the King was annexer of the Castles and Lands to the Crowne but only that by the advice of the full Councell of the Parliament it was so statute and ordained And appoints that they may not bee disponed upon without advice deliverance and decreet of the whole Parliament for great seene and reasonable causes of the Realme So that being thus annexed to the Crowne by the Realme it selfe for avoyding an inconvenient to the Realme and being annexed with condition not to be disponed upon without the advice and decreet of the whole Parliament and for great seene and reasonable causes of the Realme justice and equitie will require that these Castles should not be made an instrument of the povertie and desolation of the capitall towne of the Realme and of the harme of the most considerable part of the bodie of the Realme there conveened for supplicating his Majestie and the Councell and preparing overtures to the future Parliament for redresse of our just grievances But now by this extraordinarie provision to the Castle being threatned with ruine and exterminion they may stop the misimploying of that benefit granted to the Realme eo animo ad hunc finem for the well of the Realme while the Parliament of the Kingdome give their humble advice to his Majestie thereanent Thirdly by the 9. Act. 9. Parl. James 6. it is acknowledged that the Castle of Edinburgh Dumbartane Stirling and Blaknesse are foure chiefe strengths of the Realme which ought to be safely kept to the Kings behove and wel-fare of the Realme And for keeping the Castle of Edinburgh there is assigned with consent of the Estates both money and victuall a great part whereof is forth of the thirds of benefices which thirds in December 1561. were decerned and ordained by Queene Marie with advice of her Councell and others of the Nobilitie then present to bee up taken and imployed for these two uses viz. Sustaining of Ministers and entertaining and setting forward the common and publike affaires of the Countrey and Common-wealth of the Realme which was also enacted Act 10. Parl. 1. James 6. and thereafter ratified Act 121. Parl. 12. James 6. Whereby it doth appeare that as the Castle is the Kings undeniable annexed propertie so it is also a strength of the Realme which should be safely kept to his Majesties behove and wel-fare of the Realme having for the keeping thereof rents assigned with consent of the three Estates of the Kingdom forth out of the thirds of benefices estimate by the Estates in eum usum for entertaining and setting forward the publike affaires of the Countrey and Common-wealth of the Realm And consequently the most loyall part of the body of the Realme hath maine interest to divert the converting of this strength to the weakning or ruine of the Realme or any member thereof threatned by this unusuall provision and openly denounced by our said enemies Fourthly by the 125. Act 7. Parl. James 6. it is acknowledged that the Kings Castles and strengths are the keyes of the Realme and the onely use of keyes is for keeping together in safetie and preservation and not for spartling dispersing or perdition So that the Realme and collective bodie thereof can hardly be disallowed for contributing their loyall endeavours to the good keeping of their owne keyes when contrarie to the right end these keyes are used against the Countrey and Realme whereof they should be and are the keyes of safetie as by the said Act is declared Fifthly by the same Act all violent detainers of the Kings Castles from him or constrainers of the Kings regents do redeeme his owne houses and all makers of any such bargaine merchandise or market of the Kings Castles are onely ordained to rander and deliver againe what they have received for reddition of the saids Castles and that the King shall have action for repetition thereof as necessarily given for the time and wrongously received for unlawfull causes And our proceedings being compared with the subject of that Act of Parliament cannot deserve so harsh constructions where the best part of the bodie of the Realme being constrained for indemnitie of their persons and goods do neither take nor detaine the Castle but onely with-hold importation first clandestinly intended and thereafter openly threatned of all kinde of warlike and invasive furniture which could bee usefull to no purpose but to the harm and annoyance of those who were conveened for the just occasions foresaids who deserve and expect approbation and thankes from his Majestie in his own due time for keeping his evill Counsellours and bad Patriots from putting hand in his best subjects Sixthly by the 25. Act 6. Parliament James 2. sundry points of treason are ennumerate And amongst the rest one is the assailing without consent of the Estates the Castles or places where the Kings person shall happen to bee And now the Kings person not being in this Castle but out of the Countrey and the best and most loyall part of his subiects both for number and fidelitie imploring his Maiesties authoritie for convocating the Estates to take order with these who presuming upon his Majesties absence are bold to give him sinistrous information and counsell these who do no wayes assaile the Castle but barrs these evill Patriots from putting in execution their damnable suggestions by their supercherie violence and terrifications from that Castle before the convention of Estates cannot in Law and equitie bee challenged in their carriage so necessarie to them in the interim while the Estates conveene in a Parliament which now his Majestie hath beene graciously pleased to proclaime Seventhly it is knowne by our Chronicles
and Records that the Castle of Edinburgh was given in keeping to the house of Erskine by the King and Estates of Parliament hac lege expressa conditione ut nulli nisi conventui ordinum reposcenti traderent Eighthly this Act is not unexampled in the Christian world but hath many presidents both in the History of other Kirks and Kingdomes and of our own which hath many such examples even done by the Estates themselves whose fact doth make our right and whose authority is ratified conforme to the ancient and loveable custome in punishing rebellious subjects and preserving the faithfull Act 130. Par. 8. James 6. In the next place we are upbraided for our meetings which in the Proclamation are called Councell Tables only by that name which by ordinary expression is due to judicatories to make it beleeved that we have arrogate to our selves some unwarrantable power and authority which we neither have nor intends to doe God willing whereas the truth is that in a matter so highly importing all of us as the preservation of Religion and purity of Gods worship it was most necessary for us to meet and that in a sober modest and quiet way for deliberating with joynt advice upon those weighty businesses for the good of the Kirke his Majesties honour and peace of the Kingdome And those meetings did never emit nor send forth any authoritative command or injunctions but conclude upon such advices as might be most expedient for advancing that great businesse and facilitating the way of supplication to his Majestie and overtures for the Assembly and Parliament which was an Act lawfull and approvable in the selfe albeit the conclusions thereof did not carry the force or validity of a binding law or command which was never aimed at nor intended Which meetings they might warrantably keepe for that end being for Gods glory and removing the iust grievances of the subiects no waies prohibited by any of our municipall Lawes which disapproveth such conventions as are for disturbance of the peace or usurpation against Authority whereof neither of the two can bee alledged against these meetings Not the first because no invasion violence offer of wrong by word or deed to any person no even to those upon whom they justly complaine ensewed upon the same notwithstanding of their provocations and their feares falsly represented to his Maiesty and maliciously pretended for their stay out of the Countrey Not the second because their meetings was to consult in manner foresaid upon the most fitting and humble way of supplicating his Maiestie and for the most convenient propositions to bee represented to his Maiesty the Parliament and Assembly all which acts are most compatible with the loyalty and duty of good subjects and doe no waies intrench upon Authority seeing they can never be challenged to have assumed to themselves any judiciall determination in any matter of State Civill nor Ecclesiasticall but by voluntary instructions and opinions every one to another in a common cause of Religion did resolve what might be most conducible to their lawfull and iust ends And yet those conventions want not the warrant of Law and Authority because they consist of the Nobility Barons Burrows and Ministerie which by the fundamentall Lawes of the Land have place of proponing reasoning and voting in Parliament and Assemblies Act 113. King James the 6. Parl. 11. wherein is acknowledged that it is necessary to the King and his Estates to be truly informed of the needs and causes pertaining to His loving subjects in all estates and therefore ratifieth the Act made by King James 1 anno 1427. Giving power to Barons to propone all and sundry needs and causes and to heare treat and determine all causes to be proponed in Parliament which necessary and true information cannot be made to his Majestie and Estates without privy meeting and consultation and consequently it being granted to them to informe the King and Estates and to propone heare treat and finally determine all needs and causes to be proponed in Parliament there must be necessarily understood to be a sufficient power granted to them for meeting and advising upon that information Quia aliquo concesso omnia concessa videntur sine quibus concessum expediri nequit And as to the Ministers they have likewayes power granted to them not onely by the word of God and constitutions of the Kirke but by the King and laws of this land to propone reason and vote in Assemblies and be the samine parity of reason to keep preceding meetings not to determinate or execute but to consult upon their necessary propositions So that these lawfull meetings for the religious end suffer wrongously the invidious designation of Councell tables which is onely done for procuring misconstruction against them because at these meetings and consultations they sat about a table which posture is no wayes prejudiciall to Authority the meanest of mechanik crafts having their own tables where about they sit when they consult upon the smallest businesse importing their trade And farder these same meetings consisting of Commissioners from each Sheriffedome and body of this Estate were allowed by his Majesties Councel first and thereafter by the Commissioner his Grace In so farre as the whole subjects of this kingdome out of their resentment of the weight of this cause having numerously conveened at Edinburgh from all the parts of the kingdome that confluence of people was desired to be dissolved and directed to make choose forth of that great number of some Commissioners from each shire who might meet to represent their just grievances and desires and attend the answers thereof The third particular challenge in the Proclamation is for the illegall and unformall course taken in the election of Commissioners to the Assembly whereof some are alledged to have beene under the censure of this Kirke some under the censure of the Kirke of Ireland some banished for teaching against Monarchie others being suspended some admitted to the Ministery contrare to the laws of this kingdome others at the Horne some confined and all by oath bound to the overthrow of Episcopacie Whereunto although no answer be requisite seeing the persons thereby meaned are not specially condescended upon yet for clearing all mens mindes and showing the warrantablenesse of our proceedings it is of truth that the Assembly after particular triall which they took upon some such surmises could not finde any censured by the Kirke of Scotland or Ireland by a lawfull manner in a lawfull judicatory or for a lawfull cause but on the contrary the Assembly after carefull searching and examination found that any censure inflicted upon any of these persons in Scotland was only by a Bishop who ought to be punished for taking arrogantly on him the name of the Kirke of Scotland and that without the advice of any Presbytery but sitting in his high commission which was condemned by the laws of this Kirke and
sufficiently evinced that our proceedings are not contrary to the Lawes of the Kingdome or destructive of any lawfull third Estate and which part of the Proclamation doth close with an undeserved imputation to our loyalty bearing that for the like dangerous Acts so derogatory to Royall authority and for others reasons importing true Monarchicall government the Commissioner was forced to dissolve the Assembly but the same is so generally expressed that it appeares evidently to be done of plaine purpose to make us hatefull which we hope will not worke that end unlesse some speciall Act of disloyalty or malversation could bee specially condescended upon which undoubtedly had not beene omitted if it had been possible otherwaies that darke cloud of general termes cannot obfuscate the pure brightnesse of our sincere intentions unlesse our true representation of grievances and earnest humble pressing legall redresse thereof at his Majesties hands may deserve that aspersion in the eyes of these Councellours who thinke themselves obliged rather in absolute obedience then a dutifull representation to their Soveraigne of what is just and warrantable wherein wee appeale to all the world if either our proceedings or opinions bee any wayes derogatory to the true power of Monarchicall government or his Majesties authority which wee are obliged to defend with our lives and fortunes by our Covenant And where in the Proclamation in that part thereof anent the Commissioners discharge of the Assembly is insinuate some expression of his graces willingnesse to returne the next morning to the Assembly wee declare that wee were most sensible of the benefit of his Graces presence and received great contentment by that countenance of Royall authority in representation whereof we would never have deprived our selves if we had had the least signification of any such intention but the truth is that having called our selves to our best remembrances we heard no word or expression tending that way but by the contrary we did humbly require his Grace to give in the reasons of his discontentment in writ and to returne the next day againe at which time wee should give in sufficient answers thereto which might wipe away all his Graces objections and move him to continue his wished presence to that Assembly whereat hee had publickly professed he could no longer assist but this being refused and the Assembly discharged by him we were necessitate to protest both that day and the day following upon the Mercate Crosse of Glasgow and to shew that in conscience of our duty to God and his truth the King and his honour the Kirke and her liberties this Kingdome and her peace this Assembly and her freedome to our selves and our safety to our posterity persons and estates we could not dissolve the Assembly for the reasons following First for the reasons already printed anent the conveening a generall Assembly which are now more strong in this case seeing the Assembly was already indicted by his Majesties authority did conveen and is fully constitute in all the members thereof according to the word of God and discipline of this Kirke in presence and audience of his Majesties Commissioner who hath really acknowledged the same by assisting therein seven dayes and exhibition of his Majesties royall Declaration to be registrate in the books of this Assembly which accordingly was done Secondly for the reasons contained in the former Protestations made in name of the Noblemen Barons Burgesses Ministers and Commons wherunto we did then iudicially and doe now actually adhere as also unto the Confession of Faith and Covenant subscribed and sworn by the body of this Kingdome Thirdly because as we are obliged by the application and explication subioyned necessarily to the Confession of Faith subscribed by us so the Kings Maiestie and his Commissioner and privie Councell have urged many of this Kingdome to subscribe the Confession of Faith made in anno 1580. and 1590. And so to returne to the doctrine and discipline of this Kirke as it was then professed but it is cleare by the doctrine and discipline of this Kirk that it was most unlawfull in the selfe and preiudiciall to these priviledges which Christ in his word hath left to his Kirke to dissolve or breake up the Assembly of this Kirke or to stop and stay their proceedings in constitution of Acts for the well-farre of the Kirke or execution of discipline against offenders and so to make it appeare that Religion and Kirke government should depend absolutely upon the pleasure of the Prince Fourthly because there is no ground of pretence either by Act of Assembly or Parliament or any preceding practice whereby the Kings Maiesty may dissolve the generall Assembly of the Kirke of Scotland farre lesse his Maiesties Commissioner who by his commission hath power to indict and keepe it secundum legem praxim but upon the contrary his Maiesties prerogative Royall is declared by Act of Parliament to be no wayes prejudiciall to the priviledges and liberties which God hath granted to the spirituall office-bearers and meetings of this Kirke which are most frequently ratified in Parliaments and especially in the last Parliament holden by his Maiestie himselfe which priviledges and liberties of the Kirk his Maiestie will never diminish or infringe being bound to maintaine the same in integrity by solemne oath given at his Royall coronation in this Kingdome Fifthly the Assemblies of this Kirke have still enjoyed this freedome of uninterrupted sitting without or notstanding any contramand as is evident by all the records thereof and in speciall by the generall Assembly holden in anno 1582. which being charged with letters of Horning by the Kings Maiestie his Commissioner and Councell to stay their proces against M. Robert Montgomerie pretended Bishop of Glasgow Or otherwaies to dissolve and rise did notwithstanding shew their liberty and freedome by continuing and sitting still and without any stay going on in that proces against the said M. Robert to the finall end thereof and thereafter by letter to his Majestie did shew clearly how farre his Majesty had been mis-informed and upon mis-information prejudged the prerogative of Jesus Christ and the liberties of this Kirke and did enact and ordaine that none should procure any such warrant or charge under the paine of excommunication Sixthly because now to dissolve after so many supplications and complaints after so many reiterated promises after our long attendance and expectation after so many references of processes from Presbyteries after the publike indiction of the Assembly and the solemne Fast appointed for the same and after frequent convention and formall constitution of the Assembly in all the members thereof and seven daies sitting were by this Act to offend God contemne the subjects petitions deceive many of their conceived hopes of redresse of the calamities of the Kirke and Kingdome multiply the combustions of this Kirk and make every man despaire hereafter ever to see Religion established innovations removed the
for them to doe that yet it were the more tolerable if they did as they say but they doe make good what they say by telling the world what they meane by things Ecclesiasticall and their meaning they doe expresse in the very termes of the Jesuites for by Ecclesiasticall they meane as their practice sheweth any thing which is in ordine ad Ecclesiastica nay more in ordine ad Spiritualia whatsoever may bee thought conducible to the good of the Church or to any spirituall good and yet more vastly to the glorie of God by which latitude of the word Ecclesiasticall We would know what they have left without the compasse of their cognisance Just nothing For in this sense they may set the price on victuals they may censure the actions of all men in what kind soever because Saint Paul biddeth us Whether we eate or drinke or whatsoever we doe doe it all to the glory of God And truly from this false and Jesuiticall interpretation of this word Ecclesiasticall have issued most of all their acts of sedition and rebellion They have provided armes for Our subjects they first blocked up all Our Forts Castles and since have taken them stopped Our Officers from carrying victualls or ammunition into them they have raised Forts taxed Our subjects levied souldiers against Us not onely turned Us out of the possession of Our Castles but so farre as in them lies defeated Our title to them by declaring that they are not Our Castles but the Kingdomes they have incroached upon the undoubted bounds and markes of Our Soveraigntie by sending warrants to Our Sheriffes for chusing Commissioners for the Shires for the next Parliament they have discharged Our own Printer for printing any thing which concerneth these troubles or may make against them though commanded by Us and by Our Councell so that if We have any thing to print there We must first be a suiter to Jhonston their Clerke for his hand to it else it cannot passe they have injoyned or at least suffered the Preachers of their owne side to pray and preach most bitterly against Us and Our authoritie those Preachers who continued in their loyaltie towards Us they have most unjustly against Our lawes deprived of their Benefices and most unmercifully and unchristianlike exposed them to miserie and beggerie they have most contemptuously and rebelliously used Our Councellours and Judges When they are asked why they doe these things and by what authoritie they doe them To the first they answer onely That they doe them for the good of the Church and the glorie of God that Religion may bee preserved the honour of God maintained and his glorie increased Who would thinke that there should bee men found in the world who call themselves after the name of Christ and invocate the name of God and yet dare profane and abuse the names of Religion God and his glorie and to intitle those glorious names to such lewd actions of treason and rebellion as can proceed from none but the Devill To the second By what authoritie they doe these things which are expresly against the Acts of Parliament Acts of Councell and Acts of generall Assemblies They answer that these Acts of Assembly were unduely obtained and that now they have rescinded them For Acts of Parliament and Acts of Councell they expresse great wonder and admiration that any man should question their authoritie over them For that question they use to answer with another of their owne viz. Whether any man doth hold Christ or Us to be supreme and being answered that Christ is supreme then they conclude That they being his Councell must likewise be supreme That the Parliament is but the Councell of the Kingdome That Our Privie Councellours and Judges are but the Councell and Judges of the King but that they themselves are the immediate and independent Councellours of and Judges under Christ who is the King of all kings and kingdomes and that therefore in all causes which they conceive to concerne Christ and his Kingdome which is his Church they are supreme and independent above Us Our Parliament Our Councell Our Judges And that if Our Councellours or Judges doe not obey their commandements they will proceed to the sentence of Excommunication against them and by the same reason though as yet they have not said it they may proceed against Us with the same sentence for We acknowledge Christ to bee the supreme King as much as Our Councellours and Judges doe acknowledge him to be the supreme Lord and Judge These furious frensies have not been heard of in the world since the Anabaptists madnesse reigned in Germanie in Charles the fifth his time which was most strongly and vehemently opposed by the Protestant Princes who adhered to the Augustan confession and if Luther and Melancthon whom God used as the chiefe instruments in reforming the abuses of the Church of Rome had not shewed themselves in their Sermons Lectures in the Universities and publique writings which they published stout Champions against them and thereby had drawne all Protestants to detest and persecute them undoubtedly the Reformation of the Church falling out to bee about the same time when these Anabaptists raged most in their madnesse had laboured and suffered extremely under the scandall of their frensies in the opinion of all those who were attending and looking after the issue of that Reformation And yet these same fooleries and frensies are daily acted by these who call themselves Commissioners of the Table and presented to the Readers of their Pamphlets and Protestations with the titles of irrefragable undeniable convincing unquestionable Sun-shine truths and twenty more such false impudent epithets as one would wonder from whence they fetch the faces that can beare them out in saying so when the whole Christian World who shall read them upon the very first view or reading must discerne that there is not the least step or shadow of truth to be found in them We confesse We were amazed at and aggrieved with their horrible impudence expressed in their last Petition sent unto Us in which they did invocate the name of God calling him not onely as a witnesse but as an approver of their actions at their pretended assurance of Our justification of them all when they undoubtedly know that We doe abhorre and detest them all as rebellious and treasonable at their shamelesse asseveration of their confidence that their neighbour Churches will approve all their proceedings that they are affraid they should bee thought to have offended in nothing so much as in lenitie when they have proceeded to the deposition and excommunication of the Bishops and others their opposers which is the utmost of that power which ever any Church did yet challenge to it selfe and many more such audacious untruths which after We once heard read We resolved never to answer and now doe answer it onely thus That in the maine points of it there is not one true word To say nothing
of the boldnesse of this petition which expecteth Our answers in such termes as it doth not onely seeme to require Our approbation of their wicked proceedings but almost to command it and lastly it is subscribed onely by the hands of the Moderatour and Clerke of the Assembly as if it were an ordinarie cytation served upon the meanest subject of that Our Kingdome And besides all these We would know what Ecclesiasticall assembly just or pretended did ever use any coercive power but that which was Ecclesiasticall viz. suspension deprivation degradation or excommunication But this pretended Assembly hath besides all these inforced her acts with armes and all manner of violence both against the persons and fortunes of such as doe not agree unto them but continue loyall to Us. BY this time We hope the Reader is well satisfied that We have been from time to time well acquainted with and rightly informed concerning all the particular passages of these troubles For since We produce their owne originall foule and blacke acts and the counsels which We tooke and courses which We held for meeting with them and hindering them so farre as then on the sudden We could every man will now hold their ordinarie and so often repeated calumnie sufficiently confuted viz. That all the proceedings and proffers on their parts were quite concealed from Us That their petitions remonstrances and grievances were kept from Us That We understood no more of the estate of the affaires of that Kingdome then the malice of their adversaries and bad patriots were pleased to impart unto Us That Our Commissioner in his severall journies between Us and them never made Us acquainted with the true state of the businesse or with their requests and protestations That he at his severall returnes did do that which he thought fittest to be done and not what We had commanded him or that if We did command him Our commandements were according to the information which hee had given unto Us of their counsells and courses which information was never true nor right but onely such as hee and the Bishops had contrived for mis-informing of Us All which most wicked calumnies invented onely to keep Our people unsatisfied as they are attended with want of truth so they are accompanied with a most undeserved ingratitude For We doe professe that there was no man since the time of these troubles who hath more zealously stood between Our wrath and them then Our Commissioner and who hath more constantly laboured Us to admit any probable construction which might be made of their actions ever untill such time as they came to that height that they could neither probably nor possibly receive any good construction and yet even then all his perswasions were to pardon and forgivenesse if they should acknowledge their errours and with a submissive humilitie returne to Our obedience And here We must needs justifie all his proceedings with them as being punctually and exactly ordered and performed according to Our instructions and commandements to him and condemne their ingratitude to him not doubting but ere long they will heartily wish that they had some such about Us who might solicite Us for their peace and pardon so carefully as hee did so long as hee had any hope of their amendment The same course which they held with him their owne countrie-man they held likewise with some of this Kingdome of great place especially some of the Prelates neere Us and intrusted with the greatest businesse of this Church and Kingdome For during the time of all these troubles they have likewise slandered them amongst Our subjects of that Kingdome both for mis-information of Us and giving Us counsell and advice to shunne all waies of peace Whereas We must professe that those Prelates whom in their last seditious and treasonable information to the good Christians of England they have traduced for their greatest enemies chiefly some of them whom they especially glance at with Our Cōmissioner have bin their greatest friends their counsells were alwaies counsells of peace and their solicitations to Us were vehement and earnest for granting unto them those unexpected and undeserved favours which We were graciously pleased to bestow upon Our people published in Our Proclamation at Edinburgh the 22. of September 1638. and afterward made good to them in Our name by Our Commissioner at the Assembly in Glasgow These Prelates and Our Commissioner advising Us rather to condescend to these particulars then to be put to the effusion of any drop of Our subjects bloud But the miserie and misfortune of many of Our well meaning subjects in that Kingdome hath in all this businesse been this That they trusted the mis-informations of their Leaders even in those things of which their Leaders themselves did not beleeve so much as one word Such were their false reports of Our inclination to Poperie of Our intentions never to hold an Assembly although We had indicted it of Our intention of never performing any thing in that Assembly which We had promised in Our gracious Proclamation of the indiction of it All which false reports We have since sufficiently confuted by Our commanding the renovation of the subscription of that Confession of faith which cannot subsist with Poperie by Our indicting a free generall Assembly the freedome whereof they quite destroyed by their proceedings both before it and in it by Our making good in that Assembly such as it was all Our gracious promises and therefore We cannot now but hope and expect that all Our good and loyall subjects of that Our ancient and native Kingdome will by their former experience of the falshood of their Seducers and Leaders learne to give no trust or credit to their posteriour and new mis-informations which by their last seditious Pamphlets printed or written and by many intercepted letters We find to be these three especially but all of them most notoriously false First they goe about to perswade Our good subjects that We intend an invasion of that Our Kingdome But they must have a great power over the faith of such as they can make beleeve that a King would invade his owne Kingdome Invasions made by Princes of other Princes dominions have been usuall but for a Prince to invade his owne Kingdome is a prodigious untruth But they tell Our people that We are coming thither attended with English troupes We wonder if they should bee affraid of them whom Our people in their Pulpits and elsewhere have been made beleeve were all of their owne partie and would take armes with them in their defence against Us. But the truth is these English troupes goe along to secure this Our Kingdome of England from invasion by them which they have so frequently threatned and if for the securing of Our person they should offer themselves to bee Our guard wheresoever We goe what doe they else but shew themselves to be true and loyall subjects and lay an obligation on Us to continue in Our breast that
none of these things were so yet Wee would be satisfied in this point Whether Our refusing of the intrusion of lay-Elders and the extrusion of Episcopall government can bee to the conscience of any man a sufficient warrant or ground for his taking armes against his lawfull King and Soveraigne for now their very Leaders acknowledging that We have given them satisfaction in the rest make these two the onely ground of all their armes And Wee appeale to the consciences of most of Our subjects Covenanters if when they entered into that Covenant at the first they did ever imagine that they should be perswaded to take armes against Us for these two points of lay-Elders and Episcopall government if they should receive satisfaction from Us in their other grievances and feared innovations as We have before declared Wee are confident that no such matter was then within the compasse of their thoughts We then having fully removed those pretended feares which occasioned their Covenant Wee cannot but hope that Our seduced subjects will returne to their former obedience but for their seducers Wee know that some of them from the very first were resolved never to receive any satisfaction This grand imposture and calumnie with the other three being removed We will now declare fully and freely to all Our subjects of Our three Kingdomes and to all forrainers besides the true and onely causes which doe inforce Us at this time to use force for the repressing of the insolencies of such of Our subjects in that Kingdome as shall stand out against Us first protesting that none of the causes before mentioned suggested by their Leaders have settled in Us this resolution but onely these causes which now follow First We will never endure that any of Our subjects nay that all Our subjects if they could possibly bee all of one mind out of Parliament shall ever abolish or destroy any Act of Parliament especially not Noblemen and others assembled in an Ecclesiasticall Assembly for to hold that any Assembly of subjects out of Parliament or in Parliament without Our consent may abolish any Act of Parliament destroyeth the very foundation of government and justice in all Monarchies and the doing of it by Ecclesiasticall persons in their Councells and Synods hath been the cause of infinite calamities and miserable wars and devastation of Kingdomes in the Christian World since the Pope and his Conclave did usurp that unlawfull and unlimited power which being in that Our Kingdome in all these late troubles practised against the expresse lawes of the same Wee are resolved to punish unlesse the offenders betake themselves to Our mercie Secondly We are resolved not to endure that any of Our subjects without Our consent and the consent of the Parliament shall destroy any of the three Estates of Parliament which they in their late pretended Assembly have gone about to doe Thirdly We are resolved not to endure that any generall Assembly shall be called but by Our indiction according to an expresse Act of Parliament in that case provided or that it shall continue after that Wee by Our authority have dissolved it and are resolved to punish them who shall doe so as Our Royall Father punished those who did the like at Aberdene Fourthly We are resolved to punish those who have imposed taxes upon Our subjects levied men or armes raised any fortifications in that Our Kingdome without Our leave and first blocked up and then taken Our Castles and Forts and by violence dispossessed Our loyall subjects of their houses and castles detaining them by force for all these by the expresse Lawes of that Our Kingdome are acts of treason and rebellion Fifthly We are resolved not to endure that the Protestations of subjects against Us Our Councell Our Judges and Lawes shall discharge the obedience of the protesters unto these Lawes unlesse they be admitted before the competent Judges and legally discussed before them the contrarie whereof hath been practised by the Covenanters all the time of these tumults Sixthly We are resolved not to endure that Our subjects shall enter into any covenant or band of mutuall defence without Our leave asked and obtained it being expresly forbidden by divers Acts of Parliament of that Our Kingdome for this hath been and still is the ground of all this Rebellion Seventhly and principally We are resolved not to endure that any of Our subjects under the name of a Table or Committees of the generall Assembly or under any other name title or pretence whatsoever shall sit without Our consent and authoritie and order businesse of the Church and Kingdome at their pleasure and if they shall be called in question for the same by Us Our Councell or Judges shall appeale from Us and them and refuse to be judged by either alledging that they will be judged by none but by the generall Assembly which is Christs owne immediate Councell and therefore hath no dependencie from or subordination either to Our Councell or Judges or Our Parliament which is the Councell of Our Kingdome and so that both Church-men and lay-men under Ecclesiasticall names shall exempt themselves from the authoritie of Us and Our Lawes and the Assembly it selfe shall hold the members of it free from being judged in all matters of Assembly by any but by it selfe which by the Lawes of that Our Kingdome is treason as appeareth by the Act cyted in the bodie of this narration Now all this hath been practised and is practised by those which call themselves of the Table From all which We hope it is evident that the offences which We resolve to punish in some of Our subjects doe not concerne Religion So that the question is not Whether there shall be a Service Booke Booke of Canons high Commission nay nor whether there shall be no lay-Elders in Assemblies or no Episcopall government though We are resolved to reject the one and retaine the other But the question indeed is neither more nor lesse then this Whether We and Our Successours shall be any more Kings of that Kingdome for if these traiterous positions shall bee maintained and made good by force of armes then We and Our Successours can bee no more Kings there Our Parliament Councell and Judges have no more authoritie there So that unlesse We will give over to be King and so betray and desert that charge wherewith God hath intrusted Us We must use that power which God hath put in Our hands and by faire just and legall waies to Our great griefe force them to obedience These are the true reasons which have forced Us to undertake this journey and to make use of the armes and aide of Our loyall subjects here for the securitie of this Kingdome and safeguard of Our person as likewise of the armes and aide of Our subjects of that Kingdome for the same purposes And here first We call God to witnesse what an unwelcome journey this is unto Us and how unwillingly We doe undertake it Secondly We
his subjects is not only the Jesuiticall tenet but their very words and syllables and as they are alledged here very false for the greatest part of this confession conteyneth not matters of faith but of government discipline and ceremonies besides this confession was first injoyned by Our Royall Father and his Councell before it was approved by the Church how then Our Royall father if hee were now living should receive the meaning of it from the Church after hee had subscribed it and commaunded his houshould to doe so or we should now receive the meaning of it from the generall Assembly after it was subscribed by Our commaundement wee cannot apprehend * Nay the first should be preferred for if our Commissioner and Councell had explained it contrarie to Our meaning Our declaration comming after should be preferred to their misinterpretation Answer to the first reason * The last part of the first reason is quite omitted though in it lyeth the principall explicatiō of this first reason * How many of them have determined so they know that they are not cōparable in number to those who have determined the contrarie * Most false Answer to the second reason * Because in the XXI Article cited the word Ceremonie is used therefore they would inferre that this reason supposeth Episcopall government to be but a ceremonie But weakly for the reason consisteth in the word policie which they take no notice of and Episcopall government being a part of Ecclesiasticall policie they hold the one alterable as all they doe who adhere to that XXI article must needs hold the other so too nor can it be inferred from any thing in this reason that Episcopall government is mainteyned by it to be alterable but that they themselves and that XXI article doe hold it to be so * The Assembly desired it but did ever Our Royall Father doe so Answer to the third reason * We defie any man living to produce from any Jesuit or the greatest patron of equivocation yet ever heard of such a wicked position as this that the swearer is neither bound to the meaning of the exacter of the oath nor to his own meaning who takes the oath but to the realitie of the thing sworne as it shall be afterward explicated by the competent Judge For then no man can tell what he sweareth when he sweareth if the declaration of the competent Judge shall come after it were to be wished that he who set downe this proposition had set his hand to it that the world might take notice of him for an ignorant foole and an arrand knave In the meane time till Iohnston finde out another he must be taken for the man because his hand is at this foolish Pamphlet Answer to the fourth reason * This is directly contrary to the words of their owne protestation against Our Proclamation dated the ninth of September see their ninth Reason in that Protestation against the subscription to our Covenant and you shall finde it flatly contradictory to this which they affirme now * They doe not meddle with the Church of England but yet in all their Writings declare that the government of the Church of England is against the Word of God and the paterne shewed in the Mount and that their new fancied government conteined in their imaginarie books of discipline is onely according unto it Answer to the fifth reason * But it is most notorious that at those Parliaments which were holden when the confession of faith was first sworne unto Bishops had voyces and were present and so then Episcopall government could not be abjured for proofe whereof We refer the reader to the Parliament Roll inserted at the end of this answer * Let any kingdome which is acquainted with Parliaments consisting of a Monarche and his three estates digest this proposition and then the Parliament can be no more the highest Court of the Kingdome * A most false position As if the convocation in England or the generall Assembly in Scotland had power to reconcile the two kingdomes to the Church of Rome to reduce Poperie into them and to restore to the Church all the Abbey lands notwithstanding many Acts of Parliaments in both kingdomes to the contrary Conclusion Anent acts of Parliament * For the cavils here made against the Acts of Parliament cited in the explanation they will be sufficiently confuted if the reader will take the paines to reade the acts for then he shall easily discover that these exceptions are not only weak but none at all Answer to the acts 1567. Anent the sixth act 1567 Anent the Kings oath Anent the acts 1572. 1573. Anent the acts 1578. 1579 Anent the act 1581. Anent the act 1584. and the third Estate of Parliament Anent the act 1587. Anent the act 1592. Anent the acts 1597. Anent the act 1606. Anent the act 1609. Anent the act 1617. Conclusion * False for there was not after Our Commissioners leaving of the Assemblie any one Commissioner from any Universitie of that Kingdome which did not desert it * False * More false then the other if it were possible * False and sufficiently before disproved * It is a wonder that men can be found who dare averre such an untruth when the Proclamation at Glasgow is subscribed by the hands of our Councellours let the Reader turne back to it and be judge Anent our Protestation Anent our watching the Castle of Edinburgh * They confesse it within eight lines after this * True but We and Our Councell and Our Judges and the rest of Our loyall subjects are the publike mutiners and rebels are but a private and schismaticall part though never so many * But not without or against the Kings command his Generall much lesse any Lievtenant of his cannot do that * All this which followeth concerning the guarding of Our Castles and Forts and keeping Us out of them containeth no lesse then treason and is not to be answered with a pen. * Which the Covenanters are not * Whether should the King or his subjects keep the keyes of his owne Kingdome * But the Covenanters are the worst part * Wee do not take them to be such fooles as to expect thanks from Us for their proceedings if they do they are like enough to go without them * The worst and most disloyall part of all Our subjects * In what historie be these words is it not Regi as well as conventui ordinum or can there bee a convention of the three Estates called without the King or his Authoritie Anent our meeting and alledged Councell Tables * Many letters have been sent down from Commissioners of Shires then resident at Edinburgh to them living in the Countrie requiring them to doe such things as they would answer the contrary to the Table †But was ever that previous meeting or contention of the Estates without the calling and authoritie of the King * Most false Anent some
vindicating Our Royall Authoritie and the Monarchicall government of that Our ancient Kingdome is farre beneath Us and therefore Wee would onely know how they can possibly answer these foure questions to the world First by what authoritie they entered into this Covenant and how they durst presume to exact an Oath from any of Our subjects to it or any thing else it being an irrefragable proposition That no publike Oath can bee administred but by a Magistrate or by one sufficiently deputed by authoritie to administer it For it is a badge annexed to Magistracie and Authoritie to have power of giving and taking an oath and therefore they cannot satisfie the world by what Authoritie or deputation from Authoritie they did give this oath to and receive it from Our subjects They do answer that though they have no Law for it yet they have President For this Confession of Faith say they in the title of their Covenant was subscribed by Our Father of happie memorie and his houshold in the year 1580. thereafter by persons of all ranks in the yeare 1581. and that by the ordinance of the Lords of the Secret Councel and Acts of the Generall Assemblie Subsâ—ribed againe by all sorts of persons in the yeare 1590. by a new ordinance of Councell at the desire of the Generall Assemblie with a generall band for maintenance of true Religion and the Kings person Now was this their Confession of Faith and Covenant annexed commanded to bee sworne and subscribed by Us by any order from Our Councell or by any Act of Generall Assembly But they will say that it being once commanded that commandement is still in force and vigour That is indeed a good ground or president for Us and Our Councell to command this same oath to be renewed when We shall see cause but the repetition of it must still be by the same Authoritie by which it was at the first injoyned Now the first injunction of this subscription was made by Our Royall Father in the yeare 1580. the first renewing of it in 1581. was as they say themselves by an ordinance of the Lords of the Secret Councell the second renewing of it 1590. was by a new ordinance of Councell at the desire of the Generall Assemblie By which it is plaine that the judgement of the Generall Assemblie which in those daies was at the highest and was not wont to derogate from their owne power was that this oath could not be renewed nor any band but by authoritie from Our Royall Father and His Councell Againe have they not printed in the frontispice of this their Covenant Our Royall Father his charge to certain Commissioners and all Ministers within that Realme for requiring this oath with a command to returne to the Ministers of his house the names and processes of all such as should refuse to take the said oath Now did any of all these precede their Covenant Was Our authoritie or the authoritie of Our Councell so much as asked much lesse obtained Were there any Commissioners by Us or Our Councell appointed to receive this oath in the severall Shires Nay as shall appeare afterward in due place when We with the advice of Our Councell by Proclamation did command the renewing of that oath and designed Commissioners throughout the severall Shires of the Kingdome for administring of it did not those who call themselves of the Table refuse to sweare it themselves and command that none of the Kingdome should sweare it by any authoritie from Us And is not this pulling down of Our authoritie and setting themselves in Our place So that if the Reader look upon the title and inscription of their Covenant he shall finde as Wee said that it carrieth the overthrow of it in its owne front Secondly say they had power to command the new taking of this oath as they had not yet what power can be pretended for their interpretation of it It being a received Maxime That no lesse authoritie can interpret a Law or Rescript then that which made it or those whom they who made it have constituted Judges to give judgement and sentence according to the true meaning of it This oath then being first framed and urged by our Royall Father with the advice of his Councell can it be interpreted by any but by Us and His and Our successours And have either We or Our Councell given any such interpretation Nay can any man though in authoritie indued with Religion or reason with any conscience or honestie give not onely so false but so ridiculous and absurd an interpretation of that Confession of faith as those of the Table have given For they have declared That this Confession is to bee interpreted and ought to be understood of all the pretended Novations no lesse then if everie one of them had beene expressed in the said Confession Had they said that they themselves did prohibite these pretended novations as other points of Poperie in that confession abjured the words had then carried some sense as intimating that they themselves did now think that they did tend to Poperie But that they should force any man to sweare that the framers of that Confession at the first did so they being all dead so never were asked nor can bee asked the question or that they should make men living sweare what was the minde of the dead concerning the five Articles of Pearth the Service Book the Book of Canons the high Commission things of which in their lives they never heard nor perhaps did ever imagine the introduction of them they in that Confession abjuring onely those Romish corruptions which in their time had infested the Church is such a profane and foolish interpretation that one would wonder how any one that either hath the knowledge or maketh conscience of an oath can either himselfe take or desire others to take an oath so false and foolish as this And therefore with more wit then honestie where they met with no scrupulous people they suffered them to swallow down that wicked glosse which corrupteth the verie text of the Confession But where multitudes especially of the Ministers who at their admissions had sworn obedience to and practise of these points which they call innovations quarrelled at this their interpretation they assured them that it would breed a great division if they should desire but the least alteration of the words in which their Covenant was conceived but yet that they might verie well sweare all with a reservation of not abjuring Episcopacie the five Articles of Pearth or any thing established by Acts of Parliament and Generall Assemblie With which Protestation and reservation and not otherwise many especially of the Ministers did sweare their Covenant as they themselves do well know which was such a notable peece of Jesuiticall equivocation on their parts who exacted this oath and contrarie to the verie letter and grammaticall sense of the oath it selfe especially in that part of it which containeth their
all former Protestations and every one of them made in the name of the Noblemen Barons Gentlemen Ministers and Commons respectivè for the time So wee may have his Majesties royall approbation to this present Assemblie whole Acts and constitutions thereof and all our proceedings and behaviour in this businesse which wee assuredly expect from his Majesties imbred pietie justice and bountie notwithstanding the sinistrous untrue informations whispered in his Royall yeares in the contrarie Upon all which Premises and Protestation foresaid which is the same with the former made by us at Glasgow the 29. of November last but so farre differing as was necessarie for answer to the new additions contained in this Proclamation and clearing us of the aspersions wherewith we are changed therein which we might lawfully do having protested for this libertie in respect of our surprisall one certaine number of all qualities and ranks for themselves and in name foresaid asked instruments This was done in presence of a great confluence of people upon the mercate crosse of Edinburgh the 18. day of December FINIS Revised according to the ordinance of the generall Assemblie by me Master Archibald Jhonston Clerk thereto At Edinburgh 8. Jan. 1639. NOt long after this Our Proclamation and their Protestation Our Commissioner seeing all things tending to a present rupture begun his journie according to the leave which We had granted him for his returne After which time and ever since they have throughout the whole Kingdome by threatnings made the Acts of their unlawfull Assembly to be received in many places have perswaded the reception of them by force and armes have levied souldiers and imposed taxes upon Our subjects for payment of them have required of Our Judges or Lords of the Session to approve their Acts though none of them consented to it have threatned and menaced them for refusing of it have raised divers fortifications in Our Kingdome have blocked up Our Castles and Forts and now at last forcibly taken Our Castle of Edinburgh have at home got their Preachers most seditiously and rebelliously to teach Our people that there is a necessitie of their carrying armes against Us under paine of perjurie and damnation have scattered abroad especially here in England divers infamous Libels justifying their own wicked and rebellious courses inciting Our people here to attempt the like rebellion and to deface Our Ecclesiasticall government When the contrivers of that wicked Covenant first framed and devised it and perswaded others who were well perswaded of their pietie to enter into it We dare appeale even to their owne consciences whether they did ever make the seduced people acquainted with their intentions of abolishing Episcopall government introducing of lay-Elders which are the onely two things they make the seduced people beleeve they now stand upon And We do wonder there should be any man found in the world who can hold it a sufficient warrant for Our subjects to take armes against Us their lawfull Soveraign because We will not give them leave to abolish some things which stand fully established by Our Lawes and Acts of Parliament of that Kingdome and to introduce other things which are interdicted and prohibited by the same But much more have We reason to thinke Our subjects did them no whit beleeve that though We should relieve all their grievances just or pretended as now We have done they should yet be forced to acts of rebellion and carrying of armes against Us as now they are But such hath ever been the constant course of the Heads of all rebellions to ingage their followers by degrees to conceale from them their maine and wicked ends which being at the first discovered would be abhorred and detested untill they have gone on so farre in following their Leaders as afterward they are easily perswaded by them that there is no hope of pardon left and so nothing but danger if they shall offer to retreat The very same course hath been held in this rebellion for seducing of Our subjects of that Kingdome The specious pretence used by the contrivers of the Covenant to the people was Religion but that which was intended by them was a Rebellion grounded upon the discontents of some few And the very meanes whereby they have fomented their factious waies and kept up in Our people a beliefe that they intended onely Religion as they pretended have been the very same which have been usually practised by other discontented mutiners But yet We find that the principall meanes used to foment this Rebellion by the Heads of it have been these three First the seditious prayers and sermons of some Preachers suborned by them for that purpose who made the people still beleeve that all they said was Gospel and they crying up in their Pulpits that Covenant and most bitterly exclaiming against all opposers of it with the most vile and reproachfull termes they could devise wrought the people to an incredible good opinion of all that favoured the Covenant and a bad one of all those who opposed it So that such things were delivered in their Pulpits as cannot be related without both shame and horrour One of them upon Our Commissioners comming home prayed God to deliver them from all crafty compositions Another refused to pray in the Church for Sir William Nesbett late Provost of Edinburgh when hee was lying upon his death-bed onely because he had not subscribed the Covenant Another prayed God to scatter them all in Israel and to divide them in Jacob who had counselled Us to require the Confession of faith to bee subscribed by Our authoritie Many Ministers would not admit to the Communion those who had not subscribed their Covenant but in their exhortation before it barred them in expresse termes with adulterers slanderers and blasphemers c. Others would not suffer children to bee baptized in the Churches of those Ministers who were not of the Covenant though they were their owne Parish Churches but carried them sometimes many miles to be baptized by Covenanting-Ministers One preached That all the Non-subscribers of the Covenant were Atheists and so concluded That all the Lords of Our Councell and all the Lords of Our Session were such for none of them had subscribed it Another preached That as the wrath of God never was diverted from his people untill the seven sonnes of Saul were hanged up before the Lord in Gibeon so the wrath of God would never depart from that Kingdome till the twice seven Prelates which makes up the number of the Bishops in that Kingdome were hanged up before the Lord there which is extreme foule and barbarous Another preached That though there were never so many Acts of Parliament against the Covenant yet it ought to be maintained against them all Another delivered these words in his Sermon Let us never give over till we have the King in our power and then He shall see how good subjects we are Another in his Sermon delivered this That the bloudiest and
sharpest warre was rather to be endured then the least errour in doctrine or discipline Another in his Sermon wished That hee and all the Bishops in that Kingdome were in a bottomlesse boat at sea together for he could bee well content to lose his life so they might lose theirs Thousands more such beastly barbarous and profane speeches were delivered by them not onely in their Pulpits but in their Sermons For the Reader must know that in these times of tumult where the Churches were not able to containe the great multitudes they did usually preach in common and profane places in roomes which are yet in building and not finished intended for Lawyers to plead in in the Halls of the Taylors and other mechanicall tradesmen of Edinburgh in some private houses in the Hall of the Colledge of Edinburgh where one Sunday Rollock being to preach but finding the crowds of people to be too great for that place mounted upon the top of a paire of staires which went up to an upper ground in an open place which was onely covered by the heavens and from thence preached to a great troupe or multitude whose breath is the onely aire hee desireth to live in being shot quite through the head with popularitie Others preached in the free-Schoole at Edinburgh where boyes use to play and bee punished If these speeches and many as bad or worse then these and delivered in such places be fit to perswade the people that their Covenant comes from God the Reader may easily discerne The second meanes which they used for blind-folding the eyes of the people were their many false reports which both in their Pulpits and out of their Pulpits they vented amongst the people which their Leaders knew in their owne consciences to be most false They gave it out that We intended to bring in Poperie in all Our Kingdomes or at least a toleration of it It was preached that the Service Book was framed at Rome and brought over by a country-man of theirs when they doe know that every Papist by the Popes Bull is prohibited to heare the Service Booke read Others preached that all England was of their opinion and judgement and that they had good intelligence from hence that no man would adhere to Us against them Another preached that no man would have protested against the generall Assembly but for money and that none had protested but they who had received some when they did know that many had protested who had received none It is true indeed that some poore Ministers being thrust out of their Benefices by them for adhering to Us were petitioners to Our Commissioner for relieving the necessities of them and their families some of those who were most necessitated he did a little relieve but some of that number were none of the protesters and many who were protesters were none of that number It was preached ordinarily in their Pulpits that neither We nor Our Commissioner in Our name did ever intend to hold the generall Assembly or if We did hold it did never intend to performe any thing which We had promised in Our gracious Declaration though they now know that We have performed both Within these few daies some desired the people publiquely in their Pulpits to give thankes to God for that overthrow which the Hollanders had given to the Spanish Fleet before Dunkirke assuring their auditours that it was no lesse to be celebrated by them then their deliverance from the Spanish Invasion in 88. because all that Fleet was prepared at Our charge for their ruine and subversion Besides many thousands more such reports and counterfeited letters scattered by them of which some no doubt were devised by themselves whereby they kept Our people in that ignorance in which at the very first they had resolved to involve them Now what a fearfull and terrible thing is it for men in the house of God and in those places of these houses of God which they call the chaires of truth to deliver such things as either they doe not know to be true or doe know to be false Besides these dictates of the Ministers the lay-Elders since they came to thinke themselves Ecclesiasticall persons for so now they doe and will not be called lay but ruling-Elders they have found new inspirations and delivered doctrines as like their Divines as may be one of them We cannot chuse but rehearse An ancient Knight and a lay-Elder intruded himselfe and his fellowes upon a Presbyterie for chusing the Ministers Commissioners for the Assembly and the Ministers of that Presbyterie not being able to keep them out though they earnestly desired it fell to intreat these lay-Elders that if they would needs intrude themselves in their election they would have a speciall care to chuse the ablest Ministers and who were most inclined to moderation and peaceable courses because the Church at this time stood in great need of such Commissioners The old Knight in great zeale replyed That whosoever at this time gave his voice to a moderate or peaceable minded Minister hee was a betrayer of Christ and his cause because these times required no luke-warme Commissioners which barbarous and unchristian speech of his being related by way of complaint to the Tables at Edinburgh was so far from being censured as it was approved for a high and heroicall ejaculation The third meanes whereby they have perverted Our people and continued them in their disobedience to Us and Our Lawes have been their strange and damnable positions whereby they have impoysoned Our subjects some whereof We shall now declare unto you First What subjects doe of their owne heads is much better then what they doe in obedience to Authoritie the one savouring of constraint but the other being voluntarie and cheerfull obedience This proposition is delivered in their Protestation bearing date the 22. of September 1638. made against Our gracious Declaration it is in their fifth reason against the subscription to the Confession of faith urged by Us. A second The Parliaments power doth no more reach to the placing of Officers originally in the Church then the Church hath power to make States-men in the Common-wealth This position is in their answer to Our Commissioners Declaration concerning Our sense and meaning in commanding the Confession of faith to bee subscribed Where they have added the word Originally onely to puzzle the Reader For certainly their meaning must bee That the Parliament hath no power for confirming of Officers placed in the Church by the Church it selfe for no Act of Parliament in that Kingdome doth make any Officers in the Church originally but onely ratifieth and confirmeth such as were established by the Church in her generall Assemblies A third position is this The Parliament can make no law at all concerning the Church but onely ratifie what the Church decreeth and after it hath ratified it yet if the Assembly of the Church shall prohibit it and repeale that decree of the Church all