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A11766 The declinatour and protestation of the some some-times [sic] pretended bishops, presented in face of the last Assembly. Refuted and found futile, but full of insolent reproaches, and bold assertions Church of Scotland. General Assembly.; Warriston, Archibald Johnston, Lord, 1611-1663. 1639 (1639) STC 22060; ESTC S116982 52,590 100

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at Mordingtoun M. Thomas Ramsay min. at Foldoun M. Walter Swintoun min. at Swintoun Iames Earle of Hume Elder Presb. of Kelso M. Richard Sympson min. at Sproustoun M. VVilliam Penman min. at Morbuck Andrew Ker of Lintoun Elder Presb. of Iedburgh M. Robert Brounley min. at Kirktoun M. Iames Wilkie minister at Creling M. Robert Cunninghame min. at Hawick Sir William Dowglas of Cavers Elder Robert Simpson burgesse of Iedburgh Presb. of Assiltoun M. Iohn Matland min. at Glenkirk M. Harie Cockburne min. at Gingilkirk Iohn Lord Cranstoun Elder M. Alexander Hume Bailyie burgesse of Lawder Presb. of Melrosse or Selkirke M. William Iameson min. at Langnewtoun M. Robert Martin min. at the new-kirk of Ettrick M. Iohn Knox min. at Bowdoun Sir Iohn Ker of Cavers Elder Presb. of Dumbar M. Patrick Hammiltoun min. at Innerweek M. Iohn Lawder min. at Tuninghame M. Iohn Dalyel min. at Prestoun Kirk Sir Patrick Hepburn of Waghtoun Knight Elder George Purves burgesse of Dumbarre M. Patrick Hume burgesse of Northberwick Presb. of Hadingtoun M. Iohn Ker minister at Salt-prestoun M. Iames Fleeming minister at Bathans M. Iohn Oswald minister at Pencaitland Iohn Lord Hay of Yester Elder M. George Gray common Clerk burgesse of Hadington Presb. of Dalkeith M. Iames Porteous minister at Lesswade M. Iames Robertson minister at Cranstoun M. Olivhar Colt minister at Inneresk William Earle of Louthian Elder Presb. of Edinburgh M. Andrew Ramsay minister in Edinburgh M. Harie Rollock minister in in Edinburgh M. William Colvinu minister at Crachmount Iohn Lord of Balmerino Elder Iames Cochran Dean of Gild in Edinburgh Thomas Paterson burgesse of Edinburgh M. Iohn Adamson Principall of the Vniversity of Edinburgh Presb. of Linlithgow M. Richard Dickson minister at Kinneill M. Andrew Keir minister at Carrin M. Iames Symson minister at Bathgate George Dundas of that ilk Elder Iames Glen Provest of Linlithgow Presb. of Sterling M. Iames Edmistoun minister at Saint Ninians M. VVilliam lustice minister at Gargunnock M. Edward VVright minister at Clackmannan Sir William Murray of Toughadame Elder Thomas Bruce Provest of Stirling Presb. of Peebles M. Iohn Bennet minister at Kirkurde M. Robert Levingstoun min. at Skirling M. Hew Ker minister at Traquare Iames VVilliam son Provest of Peebles Presb. of Middlebie M. Simeon Iohnstoun minister at Annan M. Iohn Hammiltoun minister at Wasters Iames Lord Iohnstoun Elder Presb. of Lochmaban M. Robert Henderson minister at Lochmaban M. David Roger minister at Vndergarth Iames Dowglasse of Moussell Elder Presb. of Penpont M. George Clèland minister at Durisdeir M. Samuell Austine minister at Penpont William Ferguson of Craigdar rot Elder Presb. of Drumfreis M. Iames Hammiltoun minister at Drumfreis M. VVilliam Makjore minister at Carlaverock M. Alexander Tran minister at Lochroytoun Iohn Charteris younger of Empisfield Elder Iohn Irwing late Provest of Drumfreis Presb. of Kircubright M. Samuell Rutherford minister at Anweth M. VVilliam Dalglish minister at Kirkmabright M. Iohn Makleland minister at Kirkcudbright Alexander Gordoun of Earlstoun Elder VVilliam Glendinning Provest of Kirkcubright Robert Gordoun of Knokbrox burgesse of new-Galloway Presb. of Wigtoun M. Andrew Anderson minister at Kirkinner M. Andrew Lawder minister at whitherne Andrew Agnew of Lochnaw Elder Alexander Mak ghie burgesse of VVigtoun Presb. of Stranrawer M. Iohn Leving stoun minister at Stranrawer M. Iames Blair minister at Portmontgomerie M. Alexander Turnbull minister at Kirmaden Robert Adair of Kinhilt Elder Iames Glover Clerk of Stranrawer Presb. of Air. M. Iames Bonar minister at Moyboll M. Iohn Fergushill minister at Vchiltrie M. Robert Blair minister at Air. Iohn Earle of Cassils Elder Iohn Stewart late Provest of Air. Presb. of Irwing M. Rober Bailie minister at Kilwinning M. William Russel minister at Kilwinning M. David Dickson minister at Irwing Iohn Lord Lowdoun Elder M. Robert Barclay Provest of Irwing Matthew Spense Provest of Roysay Presb. of Argyle M. Donald Makilvorie min. at Inraay M. Nicol Makcalman min. at Kilmow M. Iames Campbell minister at Kilsman Archbald Campbell of Kilmun Elder Presb. of Dumbartane M. David Elphinstoun min. at Dumbartan M. Robert Watson minister at Cardrosse M. Iohn Stirling minister at Badernock Walter Mackalley of Ardincapill Elder Iohn Sempell Provest of Dumbartan Presb. of Paslay M. William Brisbane minister at Erskine M. Iohn Hammiltoun minist at Innerkip M. Matthew Brisbane minister at Killellan Iohn Brisban of Bishoptoun El. Iohn Spreull burgesse of Ranfrew Presb. of Glasgow M. Iohn Bell elder minister at Glasgow M. Zacharie Boyd minister at the Barrony Kirk there of M. Iames Sharpe minister at Goven The Earle of Eglingtoun Elder Patrick Bell Provest of Glasgow David Spence Clerk of Rutherglane Presb. of Hammiltoun M. Patrick Hammiltoun minister at Cambuslang M. Iames Iohnstoun minister at Stenhouse M. Iohn Heriot minister at Blantyre VVilliam Bailzie of Carphin Elder Presb. of Lanerk M. VVilliam Livingstoun minister at Lanerk M. Alexander Somervell minister at Daulfingtoun M. Richard Ingles minister at VVestoun Sir VVilliam Bailzie of Lammintoun Elder Gideon lack Bailzie of Lanerk Presb. of S. Andrews M. Alexander Henderson minister at Luchers M. Andrew Auchinleck minister at Lergo M. Iames Bruce minister at Kingsbarnes Iohn Lord Sinclar Eder Iames Sword burgesse of Saint Andrews Ninian Hamilton burgesse of Caraill Thomas Symson town-Clerk of Kilrinnie VVilliam Hamiltoun burgesse of Anstruther easter Iohn Tullous Clerk of Anstruther wester Iames Airth Clerk of Pitten-weeme Presb. of Couper M. David Dalgleish minister at Cowper M. Iohn Moncreiffe minister at Collessie M. VValter Buchannan minister at Seres Iohn Lord Lindsay Elder George Iameson merchand burgesse of Cowper Presb. of Kirkaldie M. Robert Dowglasse minister at Kirkaldie M. Frederik Carmichaell minister at Kennoway M. Robert Cranstoun minister at Scoonie Iohn Earle of Rothes Elder Iohn VVilliamson burgesse of Kirkaldie David Symson of Monturpie burgesse of Dysart M. Robert Cunyghame burgesse of Kinghorne George Gairdine burgesse of Bruntiland Presb. of Dumfermline M. Iohn Row min. at Carnok M. Iohn Duncan minister at Culrosse M. Iames Sibbald minister at Torrie Robert Lord Burley Elder Iames Reid Provest of Dumfermline Gilbert Gourley Bailie of Culrosse Iohn Bardie Burgesse of Innerkethin Presb. of Dumblane M. Harie Livinstoun minister at Kipping M. Andrew Rind minister at Tullicutrie M. William Edmistoun minister at Kilmadock Sir George Stirling of Keir Knight Elder Presb. of Auchterardour M George Muschet minister at Doning M. Iames Row minister at Muthill M. Iohn Grahame minister at Auchterardour Iames Earle of Montrose Eld. Presb. of Perth M. Robert Murray minister at Methven M. Iohn Robertson minister at Perth M. Alexander Petrieminister at Rind Iohn Earle of Weemes Elder Thomas Durhame Dean of Gild in Perth Presb. of Dunkeld M. VVilliam Menyies min. at Kenmure M. Iohn Anderson minister at Cargill Mungo Campbell fear of Lawers Elder Presb. of Meggill M. George Symmer minister at Meggill M. George Halyburtoun minister at Glenylla Iames Lord Cowper Elder Presb. of Dundie M. Andrew Wood minister at Monyfooth M. Iohn Robertson minister at Achterhouse David Grahame of Fentrie E. Iames Fletcherprov of Dundie Presb. of Forfar M. Iohn Linde say minister at Aberlemno M. Silvester Lammy minister at Glames M. Alexander Kynninmount minister at Killimure Iames Lyon of Aldbarre Eld. David Hunter Provest of Forfar Iohn Grahame Baitie of Mont rose Robert Demster Bailie of Brechen Presb. of Merns M. Iames Sibbald minister at Benholme M. Andrew Mill minister at Fetteresso M. Alexander Symson minister at Conveth Sir Gilbert Ramsay of Balmam Elder Presb. of Aberdene M. David Lyndesay minister at Balhelvie M. William Guild minister at Aberdene Iames Skien of that ilk Elder M. Iohn Lundie Humanist for the Vniversitie of Aberd. Presb. of Deir M. Andrew Cant minister at Pitsligo M. Iames Martine minister at Peterhead M. Alexander Martine minister at Deir Alexander Fraser of Fillorth Elder Presb. of Aufurd M. Iohn Young min. at Keig. M. Iohn Ridfurd minister at Ki●bettock M. Andrew Strachan minister at Tillineshill M. Michaell Elphinstoun of Balabeg Elder Presb. of Turreff M. Thomas Michell minister at Turreffe M. William Dowglasse minister at Forg M. Geo. Sharpe min. at Fyvie Walter Barclay of Towie Eld. Presb. of Kinkairne M. Alexander Robertson minister at Clunie Presb. of Garioch M. VVilliam Wedderburn minister at Bathelnie Andrew Bairdburges of Bamfe Presb. of Forresse M. William Falconer minister at Dyke M. Iohn Hay min. at Taffert M. David Dumbar minister at Edinkaylly William Rosse of Clava Elder M. Iohn Dumbar Bailie of Forresse Presb. of Innernesse M. Iohn Howistoun minister at VVartlaw M. Patrick Dumbar minister at Durris Iames Fraser of Bray Elder Robert Bailie Bailie of Innernesse Presb. of Tain M. Gilbert Murray minister at Tain M. William Mackeinyie minister at Tarbet M. Hector Monro minister in nether Taine Sir Iohn Mackeinzie of Tarbet Elder M. Thomas Mackculloch Bailie of Taine Presb. of Dingwall M. David Monro minister at Kiltairne M. Murdoch Mackeinyie minister at Containe Iohn Monro of Lumlair Eld. Presb. of Dornoch in Sutherland M. Alexander Monro minister at Gospie M. William Gray min at Clyne George Gordon brother to the Earle of Sutherland Eld. Presb. of Thurso in Caithnes M. George Lesly minister at Bower M. Iohn Smairt Iohn Murray of Pen-land Eld. Presb. of Kirkwal in Orkney M. David VVatson minister at the Kirk of the Yle of VVastrey M. VValter Stewart minister at the Kirk of Sutherom-oldsay Revised according to the ordinance of the generall Assembly by me Mr. A. Ihonstoun Clerk thereto Edinb 12 of Feb. 1639. FINIS
up such a bodie it cannot be acknowledged for a lawfull and free Assembly But how prove they Commissioners admitted to be members of this Assembly not to bee such as are requisit to make up such a bodie First they alledge that the most part at least of the Clergie conveened at this Assembly are ipso facto deprived and their places voide as if they were naturally dead because they have never in presence of the Archbishop Bishop Superintendent or Commissioner of the Province or Dyocie subscribed the articles of Religion extant in the acts of Parliament nor given their oath for acknowledging our Soveraigne Lords Authoritie nor have read their testimoniall thereupon and the confession in their parosh Kirks after their returne as they are bound by act of Parliament Anno 1572. that whereas they bee bound by act of Parliament Anno 1606. to maintaine the Kings honour dignitie and prerogative Royall to with stand all persons power or estates that shall impugne or impaire the same and at their admission were obliged to performe this duetie of their alleageance and to testifie in their conscience that the King is suppreme governour as well in matters spirituall and ecclesiasticall as temporall according to the act of Parliament 1612. Yet notwithstanding his Majestie having ordained by act of Councell and Proclamation following thereupon that all the Liedges should swear and subscribe the said Confession together with a generall Band for defending his Majesties Person and Authoritie against all enemies within or without the Realme they have not only refused to subscribe the said Band and Confession but in their Sermons and other speeches disswaded deterred and hindered others to subscribe the same and have publickly protested against the subscription thereof The answer is easie The act of Parliament 1572. was never put in practise conforme to the tennour of it and order there set down or if put in practise the practise could not endure long For Archbishops Bishops and Superindentents continued not long after If there were any force in this reason all the Assemblies of our Kirk since the abolition of Bishops and Superintendents might be called in question and wee have had no lawfull ministers Yea their own pretended Assemblies did consist of many who could not produce a testimoniall of their oath and confession conforme to the tenour of that act Lastly the substance of that act hath been keeped conforme to the later acts made thereanent and none of the Ministers conveened at the last Assembly but have subscribed both the confession of Faith and Band for maintenance of the Kings authority either of late when the Covenant was subscribed or before when they past their degrees in Schooles or upon some other occasion But what suppose that act were yet in force that they had neglected to take their oath and were therefore deprived ipso facto of their benefice and ecclesiasticall living yet it followeth not that they are deprived of their office or can be unlesse they wilfully refuse to subscribe and take their oath to acknowledge the Kings authoritie It is to be observed that that act was made when some stood for the Kings Mother and would not acknowledge the King for Soveraigne during her life As for the promise made in Parliament by the Estates Anno 1606. have they failed in performance or the Subjects whom they represented Have they not in the last Parliament ratified that act As to the act for the oath of supremacie An. 1612. it concerneth only such as were to be presented to any benefice and not every Minister That act was a ratification of the act of Glasgow are altered in the act of Parliament and in place of these words Conservation and purgation of Religion are put in Supreme governour as well in matters spirituall and ecclesiasticall as temporall which words were avoided in the same oath when the conclusions were agreed upon at Leeth Anno 1572. Howbeit they then drew up a plate-forme of policie near to the English and put in the words Conservation and purgation of Religion which are used in the confession of Faith extant in the acts of parliament So they have abused their own pretended Assembly holden at Glasgow But what have the Commissioners done contrare to these acts oathes or promises They have refused to subscribe the confession of Faith and band enjoyned by the King and Councel hindered others and protested against the Proclamation Might they not doe that and not violate these acts Doth the acts of the Kings prerogative binde them to subscribe any confession or band in whatsoever sense it shall please his Majestie to make Or is it the meaning of the oath of supremacie The Estates I am sure never intended such a meaning Both must be interpreted by the first confession of Faith the act for the Kings oath at his Coronation the declaration made in Parliament 1592. and second book of discipline Notwithstanding of the ratification of the former act concerning the Kings prerogative and the act for the oath of imsupremacie his Majestie behoved to have a grant of posing habits upon Kirk-men at the last Parliament which needed not if he might have done it by vertue of these acts of Parliament Anno 1606 and 1612. and yet that is a matter of lesse importance then to enjoyne subscription to a confession in another sense then was received at the first and second universall subscription For now in the interpretation of the authoritie enjoyning subscription the confession is made to consist with Episcopacie and other novations introduced since the fame was first received Was there not reason then to refuse to diswade others and to protest against it Moe reasons are to be found in the protestation it felf Some Ministers were urged with subscription and of those some yeelded who notwithstanding had place in the last Assembly But what suppose all had protested and refused to subscribe as they were enjoyned by the Councel that could not have disabled them to fit and voice in the Assembly unlesse they had been legally convict before of offence in so doing and remained obstinate But let the Reader here observe the decliners legerdemaine They would seeme to be foreward for subscription of that confession which was enjoyned by the King and Councel but challenge men for not subscribing the said Confession that is the Confession extant in the acts of parliament for of no other have they made mention before in their declinatour They have vilipended the later confession and covenant in former times and we doubt notwithstanding of this taxing of others that they will subscribe this confession themselves without their own limitations and acceptions as the Doctours of Aberdene have done but that perfidious men will subscribe any thing And yet so impudent are they that they will have other troubled for not subscribing contrar to the true sense and meaning of the confession to make a partie and new rent in this Kirk They alledge that the Commissioners directed to
this Assembly have forefaulted his Majesties favour in granting this Assembly and the libertie to be members thereof and were in the same estate and condition they were in before his Majesties proclamation and royall pardon because they are supposed to be of the number of these that adhered to the last protestation that it be lawfull for them as at other times so at this to hold Assembly notwithstanding any impediment or prorogation in the contrare they continue their meetings and tables discharged by authoritie refuse to subscribe the Band according to his Majesties and Councels command for maintaining the Kings Person and authoritie and protested against it and insisted with the Liedges to subscribe the Band of mutuall defence against all persons whatsoever that in their protestation they declared Bishops and Arch-bishops to have no warrand for their office to have no place or voice in Assembly notwithstanding his Majestie had declared by proclamation that they had voice in the Assembly to that effect as they have constantly beene in use in all Assemblies where they were present and therefore that it is a fearfull thing to conveen with these at this Assembly in respect of sundrie acts of Parliment ordaining that none impugne the authority and diganitie of any of the three Estates or procure innovation or diminution of their power and authoritie under the paine of treason and they arrogat to their meetings a Soveraigne authoritie to determine all questions and doubts that can arise contrare to the freedome of the Assembly whither in the constitution and members thereof or in the maters to be treated or manner of proceeding We answer first in generall They forfaulted not his Majesties favour in granting an Assembly for his Majestie did not recall the indiction of the time and place for holding the Assembly notwithstanding of all that is here alledged and therefore they might still conveen to the place at the time appointed As for the particular points alledged we answer Pardon was offered upon condition of acquiescing in the Kings declaration and offers But pardon importeth offence which is denyed Therefore the condition of acquiescing could not bee admitted and the offers in the declaration were not satisfactorie to their former protestations complaints supplications The Assembly was granted absolutely without any condition least his Majestie should leave in his subjects minds the least scruple and for setling a certain peace They protested that it should be lawfull for them being authorized with lawfull commission as at other times when the urgent necessitie of the Kirk requireth so in this exigence to assemble themselves at the dyet appointed for the Assembly notwithstanding of any impediment or prorogation in the contrary Of the lawfulnesse to conveen in Assembly when there is urgent necessitie we have set down some reasons already and moe are extant in print concerning that purpose They had need to fear the danger of prorogation both because the present case could not suffer delay and doolefull experience have taught us that prorogations from dyet to dyet ended at last in no dyet whereby the Kirk was bereft of her libertie to hold yearly Assemblies which they would now recover by this indiction taking it for a re-entrie Their meetings or tables as the adversaries call them continued because the cause continued preferring supplications giving in complaints attendance upon gracious and satisfactory answers and performance of the same making Protestations when there was need and yet in peaceable manner not in great companies as at the beginning for giving satisfaction to the Lords of Councel They have offered to cleare the necessity of their meeting and their carriage before the Parliament to whom they have appealed They have refused to subscribe the confession of faith again at the King and Councels command after their late subscription for the reasons already mentioned and the band for mantainance of the Kings person and authority because it is not the same in tennor with the old generall band subscribed anno 1590. The narrative is changed some lines designing the Papists and their adherents to be the partie threatning danger to Religion and the Kings person are omitted and no other partie designed in particular So that the band may be used against the Covenanters themselves who have been taxed for disorders disturbers of the peace of this Kirk and Kingdome to the danger of Religion and prejudice of his Majesties authoritie as they have complained in their Protestation They continued in seeking subscriptions to the Covenant till the holding of the Assembly because of references to the Assembly His Majesties Commissioner acquiesced in their explanation of the clause of mutuall defence where they declared their mutuall defence of each of other was not for their own privat quarrels but only in defence of the true Religion of the laws and liberties of this Kingdome and of his Majesties person and authority in preservation of the same What further can bee justly craved of them Such as were pretended Bishops had no warrand for voice in the generall Assembly unlesse they be authorized with lawfull commission The Superintendents and Bishops presence of old was required more for their triall then any need of their voice But the Assemblies were wearied with complaints made upon them and after many conferences and much disputation found their office unlawfull which was never since approved by any pretended let be lawfull Assembly So the custome of old doth not serve such as only pretend or usurpe the same office Nor are they capable as Ministers of any commission from any Presbyterie because they have deserted their flocks and have no particular charge For loppen Ministers and usurping Prelats should have no place in the generall Assembly The act of Parliament discharging the impugning of any of the three Estates or procuring the innovation or diminution of their power was made in a troublesome time in the year 1584. was protested against when it was proclaimed with other acts That third Estate of Prelats suffered innovation and diminution of their Estat within three years after by the act of annexation anno 1587. and in consideration of the great decay of the Ecclesiasticall Estate these are the words of the 113. act following the Commissioners of small Barrons and free-holders were declared to be members of the Parliament to sit upon the articles and vote in publick to supplie that decay So there may be three Estates without the Ecclesiasticall or Bishops And the acts of Parliament following were made by the Estates howbeit there were then no Bishops Yea acts were made against Bishops as anno 1592. Howbeit Ministers were not Prelats yet others who had the Prelacies voted as the third Estate For it is in respect of their Barronies that such as have Prelacies vote in Parliament whither they be Ministers or not By the act of Parliament 1597. Ministers provided to Bishopricks Abbacies Priories were declared to have vote in Parliament but without the knowledge of the Kirk