and other places needfull and there by open Proclamation to make publication of the holding of the said Parliament and to warne all and sundry Noblemen Prelates and Commissioners for the Barons and Burrowes and all others having voice and place in the said Parliament that they and every one of them in their most decent and comely manner make their addresse to the said Parliament attend and await thereat during the time thereof and to discharge that duty which is incumbent to them and each one of them as they will answer on the contrary at their perill ANd last of all was published and proclaimed first the Act of the Lords of Our Councel for requiring all Our subjects to subscribe the said Confession of Faith and Band annexed which here followeth At Holy-rood-house the 24. day of September Anno 1638. THe which day a Noble Earle JAMES Marquesse of Hamiltoun Earle of Arran and Cambridge his Majesties Commissioner having produced and exhibit before the Lords of secret Councell upon the twenty second day of this instant a warrant signed by his Majestie of the date the ninth of September instant wherein among others of his Majesties gracious and royall expressions for preservation of the purity of Religion and due obedience to his Majesties authoritie in the maintenance thereof his Majestie did will and ordaine that the Lords themselves should sweare the Confession and generall Band mentioned in his Majesties said warrant and also should take such order as all his Majesties lieges may subscribe the same And the said Lords of secret Councell acknowledging his Majesties pious and gracious disposition and affection to the purity of Gods truth did upon the 22. day of September instant unanimously and with all humble hearty and sincere affection sweare and subscribe the confession of Faith dated the second of March 1580. according as it was then profest within this Kingdome Together with the foresaid generall Band dated in Anno 1589. And now to the effect that all his Majesties lieges may give the like obedience to his Majesties so pious desire therefore the said Lords have ordained and ordaines all his Majesties lieges of whatsoever estate degree or qualitie Ecclesiasticall or Civill to sweare and subscribe the said Confession dated the second of March 1580. and that according to the said date and tenour thereof and as it was then profest within this Kingdome Together with the said generall Band dated in Anno 1589. as they will answer at the contrarie upon their obedience And ordaines officers of Armes to passe to the market crosse of Edinburgh and make publication hereof and at all other places needfull wherethrough none pretend ignorance of the same ANd next after that was proclaimed the Commission of the Lords of Our Councell whereby they appointed and designed severall Commissioners for requiring and taking the subscriptions of Our subjects to the said Confession and Band annexed throughout the severall Shires within the Kingdome which here followeth At Holy-rood-house the 24. day of September Anno 1638. FOrsomuch as a noble Marquesse James Marquesse of Hamiltoun Earle of Arran and Cambridge his Majesties Commissioner and the Lords of Secret Councell by an act of the date of the twenty second of this instant have by speciall warrant of his sacred Majestie sworne and subscribed with all humble and heartie affection and unanimously the Confession of Faith dated the second of March 1580. and at length insert in the Bookes of Privie Councell of and according to the said date and tenour thereof and according as it was then profest within this kingdome Together with the generall Band insert therewith in the said bookes of Privie Councell dated in Anno 1589. Like as also the said Lords of Councell by their Act of the date of these presents acknowledging his Majesties pious and gracious disposition and affection to the puritie of Gods truth and as thereby they conceive themselves bound in conscience and humble dutie to use and follow forth all possible diligence for procuring the subscriptions of all his Majesties Lieges thereto And to this effect have thought fit that the care and diligence in procuring thereof be committed to some of his Majesties Councell and others of the Nobilitie and Gentrie within the severall Sheriffedomes and Provinces of the Kingdome in manner after specified Therefore the said Lord Commissioner and Lords of secret Councell give power warrant and commission to such of their number and others after-following within the bounds after specified viz. For the sheriffedome of Edinburgh principall William Earle of Lothiane Archibald Lord Naper S. John Dalmahoy of that ilke S. George Towers of Innerleith For the Burgh of Edinburgh the Provost and Baillies of Edinburgh that are or shall be for the time For East-lothiane Robert Earle of Roxburgh Lord privie Seale Thomas Earle of Hadintoun John Earle of Lauderdaill Harrie Lord Ker S. Patrick Murrey of Elibanke S. Patrick Hepburne of Wauchtoun and James Maxwel of Innerweik For the Stewartie of Dalkeith John Earle of Traquair Lord Treasurer William Earle of Dalhoussie and S. James Macgill of Cranstonriddell For the sheriffedome of Peebles and Ettrick forrest the said Lord Treasurer and John Lord Yester For the sheriffedome of Selkirke the said Lord Treasurer the Earle of Hadintoun S. William Scot of Harden and Generall Ruthven For the sheriffedome of Roxburgh the Lord Privie-seale the Earle of Lauderdaill the Lord Ker S. Andro Ker of Greenhead S. William Dowglas Sheriffe of Tiviotdaill and S. Thomas Ker of Cavers For the Sheriffedome of Bervick the said Lord Privie-Seale James Earle of Home the Earles of Hadintoun and Lauderdaill and Laird of Blacader For the sheriffedome of Fyffe John Earle of Rothes Charles Earle of Dumfermeline John Earle of Annandaill John Earle of Wemes Lord Fentoun John Lord Lindsey David Lord Balcarres S. Thomas Hope of Craighall Knight Baronet His Majesties Advocate S. Alexander Gibson of Durie Sir James Learmonth of Balcolmie and S. Andrew Murrey of Balvaird For the sheriffedome of Linlithgow Alexander Earle of Linlithgow James Lord Amont S. John Hammiltoun of Orbeston Justice clerk Dundas of that ilk and M. George Dundas of Manner For the sheriffedome of Lanerk John Earle of Wigtoune Archibald Lord Angus Lord Fleeming Robert Lord Dalyell S. William Elphinstoun chiefe Justice Sir James Carmichaell of that ilk Treasurer Depute the said Justice-clerke S. James Lokhart younger of Lee Francis Douglas of Sandelands Gawin Hamiltoun of Raploche S. James Hamiltoun of Broom-hill Robert Hamiltoun of Torrence and Alexander Hamiltoun of Hags sheriffe For the sheriffedome of Striveling John Earle of Mar William Earle of Airth John Earle of Montrose Alexander Earle of Linlithgow John Earle of Wigtoun John Lord Flemming Alexander Lord Elphinstoun James Lord Amont and S. William Murray of Polmais For the sheriffedome of Dumfreis William Earle of Queinsberrie Master of Dalyell the Laird of Lag William Maxwell of Kirkhouse and John Dalyell of Newtoun For the sheriffdome of Clackmannan the said Earle
of Mar S. Robert Bruce of Clackmannan S. Thomas Hope younger of Cars sheriffe For the sheriffedome of Wigtoun John Earle of Cassils Alexander Earle of Galloway Sir John Hamiltoun elder and younger of Barganie S. Patrick Mackie of Larg John Murrey of Broughton For the sheriffedome of Air Alexander Earle of Eglintoun Alexander Earle of Glencarne John Earle of Cassils William Earle of Dumfreis William Lord Crichton John Lord Lowdoun the Lairds of Barganie elder and younger the Lairds of Gastoun and Cragiewallace For the sheriffedome of Renfrew Alexander Earle of Glencarne Robert Vicount of Belheaven S. Archibald Stewart of Black-hall the Laird of Howston and Bryce Sempill of Cathcart S. Robert Dowglas of Blaikester and S. John Maxwell of Pooke For the sheriffedome of Dumbartan Argile and Carbet the said Earles of Montrose and Wigtoun the Lords Lorn Flemming S. George Stirline of Keir and S. William Stewart Captaine of the Castle of Dumbartane For the sheriffedome of Perth stewartries of Monteith and Strathern the Earls of Airth Montrois Atholl Perth Tullibardin and Kinnoul Mungo Vicount of Stormont the Lairds of Keir and Lawers elder and younger the Lairds of Duncrub elder and younger and Blair of Baltheiock For the sheriffedome of Forfar the Earls of Montrois Kingorn and Southesk the Lords Carnaegie and Ogilvie the Master of Spynie Patrick Maule of Panmure the Constable of Dundie S. Andro Fletcher of Innerpeffer the Lairds of Din Ethie Balnamoune Aldbar Bonnyton Lethintie and Innerquharratie For the sheriffdome of the Mernes the Earles of Mairshall and Southesk the Lord Carnegie S. Thomas Burnet of Leyes the Lairds of Glenbervie Arbuthnet Morphie Balmoyne and Halkerton elder For the sheriffedome of Aberdene the Marquesse of Huntly the Earles of Mairshall and Kingorne the Earle of Kingorne for himselfe and as Tutor to the Earle of Erroll the Lords Forbes and Fraser and Laird of Drum For the sheriffedome of Banff the Marquesse of Huntly the Earls of Mairshall and Finlatter For Elgine and Forres the Earle of Murray the Laird of Innes Brodie of that ilk and Dumbar sheriffe of Murrey For the sheriffedome of Innernesse the Marquesse of Huntly the Earle of Seafort the Lord Lovatt the Lairds of Grant and Makintosh For the sheriffedomes of Caithnes and Sutherland the Earles of Sutherland Caithnes and Seafort the Master of Berridail and S. Robert Gordoun For Orkney and Zetland the Earle of Cariet S. John Buchannan of Scotiscraig and Will. Stewart of Maynes For the sheriffdom of Bute the Lord Lorn and sheriff of Bute For the Iles the Lord Lorn With power to them conjunctly and severally to passe to the severall bounds above-written at such times places as they shall think fit and there to exhibit the said Confession of faith and generall Band above-specified marked and subscribed by the Clerk of Councell and to require all his Majesties lieges of whatsoever rank and qualitie to subscribe the said Confession of Faith dated March 2. 1580. according to the said date and tenour thereof and as it was then profest within this kindgdome together with the generall Band dated in Anno 1589. as they will be answerable to his Majesty and the said Lords upon their dutie and obedience and to make report of their said diligence betwixt and the thirteenth day of November next ANd because many did conceive though falsly that these pretended Innovations had made some alteration in the Religion which was sworne at the first in the said Confession Our Commissioner and Councell knowing well that suggestion to be made by those who were enemies to all peace and onely to that end that Our subjects might be kept from returning to their obedience did declare most truly and justly that Our intention and so accordingly the oath which they had now taken was to defend the true Religion and Confession of faith as it was professed in that Kingdome and sworne unto in the yeare of our Lord 1580. by which they did assuredly conceive that all Our good people would rest fully satisfied The Act of Councell containing that short explication here followeth Apud Holy-rood-house 22. Septembris Anno 1638. THe which day a Noble Marquesse JAMES Marquesse of Hammiltoun Earle of Arran and Cambridge his Majesties Commissioner and Lords of secret Councell in all humble and heartie affection unanimously swore and subscribed the Confession of Faith above-written dated 2. March 1580. according as it was then profest within this Kingdome Together with the generall Band above specified dated in Anno 1589. Whereupon S. Thomas Hope of Craighall his Majesties Advocate in his Majesties name asked instruments WIth all these Our gracious proceedings the Lords of Our Councel were so fully satisfied themselves that they did verily beleeve that there would remaine no more scruples in the minds of Our good subjects and that nothing now could keep them from a cheerfull and thankfull returning to their former obedience Their own resentment and satisfaction they testified both by an act of Councell and a particular Letter directed to Us for that purpose which here do follow The Act of Councell THe Lords of secret Councell having read and maturely considered his Majesties letters and particular declaration of his pleasure anent the annulling of the Service Book Book of Canons and high Commission discharging the pressing of the practice of the five Articles making all persons Ecclesiastick and Civill of what title or degree soever lyable to the tryall and censure of Parliament generall Assembly and other Judicatories competent anent the not administrating to Ministers at their entry any other oath then that which is contained in the Act of Parliament anent the subscribing and renewing the Confession of Faith subscribed by his Majesties Father of blessed memory and his houshold in Anno 1580. and Band following thereupon anent the indiction of a generall Assembly to be holden at Glasgow the 21. day of November 1638. and Parliament at Edinburgh the 15. of May 1639. and anent his gracious goodnesse in forgetting and forgiving all by-gones and indiction of a Fast for craving of Gods blessing to this Assembly find themselves so fully satisfied therewith and the same to be so satisfactory for removing all the feares of the subjects anent innovation of Religion or Lawes that we hold our selves bound in duty not only to acquiesce therewith as the best meane to secure both Religion and Lawes but also to use our best endevours that all his Majesties good subjects may likewise rest satisfied therewith And that they with us and we with them may testifie our thankfulnesse for so great a grace and goodnesse with all the heartie expressions of dutifulnesse and loyalty And that our true sense hereof may the more clearly appeare to our sacred Soveraigne Wee doe by these humbly and heartily make offer of our lives and fortunes in the defending and assisting of his Majesties sacred person and authority in the maintenance of the foresaid Religion and Confession and repressing of all such as
Our Commissioner they expected no satisfaction to their desire for they themselves did know as well as any Judge or Advocate in the Kingdome that no Commissioner either could award or ever had awarded any such processe as they required And therefore they moved Our Commissioner once againe that he would require Our Judges or Lords of Our Session to grant out such processe with which request when Our Commissioner made Our Judges acquainted they returned him that answer which the Covenanters knew verie well they could not chuse but make viz. That they could grant out no processe for the compeerance of any persons before them but those who were impleaded and whose causes were triable before them The truth is Our Commissioner found by inquirie and the Covenanters knew it perfectly well that the ordinarie way of processe or cytation to a Generall Assemblie was to passe it under the hand of the Clerk of the Assemblie whose office is during life if he be not legally removed usually too under the hand of him who was Moderator at the last Generall Assemblie both which were then living and are so still the name of the Clerk of the Assemblie being Master James Sandelands an Advocate and Commissarie of Aberdene and the Moderator of the last Assemblie being the now Archbishop of Saint Andrewes But they who had all this while gone on in disorderly illegall and unjustifiable wayes belike thought it an incongruitie to keep the beaten path and tract of justice in any thing and therefore they fell and resolved upon a way so unlike Justice so repugnant to Religion and common honestie as one would wonder how they hit upon it having neither Law nor practise for it which was this They caused to be drawn up a most false odious and scandalous Libell against the Archbishops and Bishops with a Petition annexed to the Presbyterie of Edinburgh wherein they desired the Libell to bee admitted by them the copie whereof as it was exhibited by them to the said Presbyterie and afterward publikely read in all the Pulpits thereof here followeth which out of Our love to the Christian Religion We wish might never come to the notice of any Pagan and out of Our love to the Religion reformed We wish might never come to the notice of any Papist But it cannot be concealed The Bill or the complaint of the Noblemen Barons Burgesses Ministers and Commons Covenanters which were not Commissionaries to the Assembly against the pretended Archbishops and Bishops within this kingdome as it was presented to the Presbyterie of Edinburgh with an Act of reference of the Bill from the Presbyterie to the next Generall Assembly as it was fully read on the Lords day before noone in all the Churches within the Presbyterie of Edinburgh according to the Act. Noblemen Unto your wisedomes humbly shewes and complaines We John Earle of Sutherland John Earle of Athol William Earle of Dalhousie Mungo Vicount of Stormouth Hugh Lord Montgomerie David Lord Elcho George Lord Forrester Arthur Lord Forbesse John Master of Berridale Robert Lord Boyd David Lord Balcarras John Lord Melvill Barons and Gentlemen Craggemillar Lugtoun Buchanan Young Dury Balgonny Balbirny Master William Hammilton Thomas Cragge of Ricarton John Cowper of Gogar John Hammilton of Boghall David Inglis of Ingliston John Dundas of Newliston Sir William Cockburne of Langton Patrick Cockburne of Clerkinton John Leslie of Newton Colonel Alexander Leslie David Barclay of Onwerme Sir Michael Arnot of Arnot Sir Michael Balfoure of Deanemill John Aiton of Aiton David Beaton of Balfoure John Lundie of Lundie Walter Murray of Liviston Sir John Preston of Ardrie Walter Cornwall of Bonhard William Scot of Ardrosse Robert Forbosse of Ricesse Sir Andrew Murray of Balvarde George Dundasse of Dudistone Sir William Murray of Blebo Master Robert Preston William Dicksone Ministers Master William Scot Minister at Cowper Master George Hammiltoun at Nuburne Master Walter Grog at Balmerino Master Iohn Machgil Parson of Fliske Master Andrew Blackhat at Aberlady Burgesses and Commons George Bruce of Carnock George Potterfield a Burgesse of Glasgow John Smith John Mill Lawrence Henryson Richard Maxwell Burgesses of Edinburgh WE for our selves and in name and behalfe of the rest of the Noblemen Barons Gentlemen Burgesses Ministers and Commons within this Realme of Scotland subscribers of the Covenant who are not chosen Commissioners to the Generall Assemblie but who will assist and insist in this complaint with us as faithfull Christians as loyall subjects and sensible members of this Church and Common-weale having interest to pursue this popular action in a speciall manner and an eminent degree by which pursuit God may bee glorified Christs Kingdome advanced that the Church may bee restored to her priviledges and liberties and freed from manifold scandals from the corrupters of Doctrine with Poperie and Arminianisme of the Sacraments with Superstition and Wil-worship and of the Discipline with tyrannie and from the overthrowers of the peace of this Church and Kingdome by their usurpations and lies their violent humours and falshood for their owne worldly ends may be tried and censured accordingly and so this Church and State made free from the present divisions and combustions and restored to peace and unitie both with God and amongst themselves and that his Majesties religious disposition and honour may be cleared to all the world by the triall and censure of those men who have fraudulently abused his Majesties name and authoritie by their trust and credit with his Majestie Wee most earnestly make request That whereas by the Lawes of this Church and Kingdome and by his Majesties last Proclamation all his Majesties subjects whether Ecclesiasticall or Civill of whatsoever title or degree if they have exercised an unlimited or unwarrantable power They are declared and ordained to be liable to the triall and censure of the Generall Assemblie and Parliament or to any other Judicatorie according to the nature and qualitie of the offence And whereas Master David Lyndsey pretended Bishop of Edinburgh Master Thomas Sydserfe pretended Bishop of Galloway Master Walter Whitefoord pretended Bishop of Brichen Master James Wedderburne pretended Bishop of Dumblane Master James Fairley pretended Bishop of Argyle Master John Spotswood pretended Archbishop of Saint Andrewes having their residences or dwelling places within the bounds of this Presbyterie of Edinburgh Master Patrick Lyndsey pretended Archbishop of Glasgow Master Alexander Lyndsey pretended Bishop of Dunkell Master Adam Bannatine pretended Bishop of Aberdene Master John Gutherie pretended Bishop of Murray Master John Maxwel pretended Bishop of Rosse Master George Greme pretended Bishop of Orkney Master Iohn Abernethie pretended Bishop of Caithnesse Master Neil Campbel pretended Bishop of the Isles should be tried and censured for their unlimited and unwarranted power For whereas it was provided in the Cautions agreed upon in the Generall Assemblie holden at Mountrose Anno 1600. for bounding of the Ministers votes in Parliament and concluded to bee inserted in the bodie of the act of Parliament for
into England unto the Lord Archbishop of Canterburie in which they desired him to recommend unto Us their care of and fidelitie to Our service and to undertake for them to Us their zeale and forwardnesse for settling the peaceable practice of the Service Booke Which Letters We here have caused to be inserted that the Reader may see what names of simplicitie and ignorance they bestow upon that multitude which made the first opposition and withall take notice of the names of the Magistrates subscribers to these Letters for some of them which hardly could be expected from reasonable men will be found to be very forward if not leaders in the next succeeding sedition and so of the rest which have followed since The Letters be these Most Reverend Father in God and our verie good Lord WEe regrait from our hearts that tumult which did fall out in our Churches that day of the inbringing of the Service Booke wherein now these of his Majesties Councell who have laboured the tryall thereof will give testimonie of our innocencie Since that time and the rising of his Majesties Councell in this feriall time we have daily concurred with our Ordinarie and our Ministerie for settling of that Service Booke as the right Honourable the Earle of Traquair Lord Treasurer with the Bishops of Galloway and Dunbleane will beare witnesse who have spared neyther paines nor attendance to bring that purpose to a good conclusion And although the povertie of this Citie be great being almost exhausted with publicke and common workes yet we have not beene lacking to offer good meanes above our power to such as should undertake that service and in all things wherein we have beene required we have ever beene ready really to approve our selves obedient and loyall subjects to his Majestie in all his Royall commandements which we have vowed ever to second to our lives end And we being infinitely obliged to your Graces favours we now presumed by these lines to give your Grace that assurance of obedience upon our part in this purpose and in all other purposes wherein we may contribute to the advancement of his Majesties service or can be expected of good subjects VVhereof if his Majestie by your Grace shall be pleased to rest assured whatsoever any other shall suggest we will accept it from you as a great accumulation of favour for all which your Grace shall ever finde us most thankfull Remembrancers and most ready really to expresse our thankfulnesse whenever we shall be made so happy as that your Grace shall have occasion to use our service Thus from our hearts wishing you all happinesse we kisse your Graces hands Edinburgh this 19. of August 1637. Your Graces most affectionate and humble servants the Bailliffes of Edinburgh J. Cochrane Bailly An. Ainslie Bailly J. Smith Bailly C. Hammilton Bailly THE SECOND LETTER Most Reverend Father in God and our very good Lord WEe did receive your Graces kind letter and from our hearts we do render your Grace most hearty thanks and as wee have hitherto found your speciall favour in this matter concerning the laitly imprinted Service Booke whereanent we did write to your Grace formerly shewing our dutifull and obedient resolution not onely in our selves but in the greatest and best part of our Inhabitants of whom from time to time we had most confident assurance so now we must againe become new suiters at your Graces hands to receive from us a true information of the difference of the present time and of that when we did presume to write the occasions thereof which is that since our last there hath beene such an innumerable confluence of people from all the corners of this kingdome both of Clergie and Laitie and of all degrees by occasion of two Councell dayes and such things suggested to our poore ignorant people that they have razed what we by great and continuall pains had imprinted in their minds and have diverted them altogether from their former resolutions so that now when we were urged by our selfes alone we could not adventure but were forced to supplicate the Lords of Councell to continue us in the state they had done the rest of the kingdome having hitherto forborne either to combine with them or to countenance them in their supplications yet we will not forbeare to doe our Masters service to our power but shall studie to imprint in their minds what hath beene taken away in the interim we will humbly beg your Graces favour and intercession with his Majestie that we may be keeped still in his favour which we doe esteeme our greatest earthly felicitie and that what course shall be taken with the rest of this kingdome in that matter who have presented many supplications and with whom we have in no wayes combined that the same and no other may be taken with us wherein we are confident to prevaile as much as any other within the kingdome and in all things shall endevour nothing more then that we may approve our selves most dutifull and obedient subjects Thus relying upon your Graces favour as our most assured refuge we kisse your Graces hands and rests Edinburgh this 26. of September 1637. Your Graces most affectionate and humble servants the Bailliffes of Edinburgh J. Cochrane Bailly J. Smith Bailly C. Hammilton Bailly James Rucheid WEe confesse that these large undertakings of the Magistrates moved Us to remit much of Our intended rigor against the offenders in the first uproare hoping that their acknowledgment of Our clemencie would have produced effects quite contrarie to those which We have found And now We shall desire the Reader to observe that this first tumult was owned by none condemned and cryed down by all the authors of it and actors in it called by all sorts by no better names then Rogues and the base Multitude What will you then think if that within verie few daies you shall see the verie same liberall bestowers of these names entring upon the same Stage repeating and acting over againe the parts of that madd Multitude Onely the Stage you shall see a little better hanged and the Scenes better set out and the Play having a more specious name of Pietie and Religion For soon after these base and unruly people who were so much out in their first act of Rebellion as Actors at the first are not commonly perfect were in the Pulpits even for that their first and foule act so much of late hissed at and decryed afterwards magnified for the most heroicall Sparkes that ever God inspired and raised up in this last age of the world and though they were but Asses yet they were cryed up for having their mouthes opened immediately by God as the mouth of Balaams Asse was to the upbraiding of all the rest of the Land who held their peace when they should have cryed and brayed as they did Their happy mouthes and hands which God was pleased to honour that day with the beginning of their new blessed Reformation and
that barbarous insurrection which was raised the next day sufficiently testifie On the eighteenth of October 1637. the Bishop of Galloway and Sir VVilliam Elfinston Lord chiefe Justice of that Our Kingdome being appointed by the Lords of Our Councell to examine witnesses in a cause depending before them betweene Francis Stuart sonne to the late Earle of Bothwell and divers others the Bishop was peaceably passing along the street towards the Councell-house where the examinations were to be taken But suddenly an inraged multitude surrounded him and followed him with fearfull cursings and exclamations close to the Councell-house doore where hee was againe incountred afresh with a new troupe who watched and lay in wait for his comming thither and whose furie exceeded words for in all probabilitie the Bishop had beene pulled in peeces by them if by divine providence he had not beene defended by the said Francis Stuart who with much adoe got the Bishop within the doores of the Councell-house where Our Lord chiefe Justice staied for him But when hee was there that place of highest Reverence within that Our Kingdome was no Sanctuarie for him for they continued demanding his person and threatning him with death The report hereof and the danger of their Lords life was brought by some of the Bishops servants presently to the Earle of Traquair Our Lord Treasurer and the Earle of Wigton one of the Lords of Our Councell who were then at a lodging not farre from thence They came presently with their followers to the reliefe of the Bishop but verie hardly for the croud of the mutiners could approach the Councell-house where hee was at last when with much adoe they got entrance they found themselves in no better case then the Bishop was for the peoples furie meeting with no proportionable resistance increased the more The Lords thus beset in Our Councell-house sent privately to the Lord Provost Bailiffes and Councell of Edinburgh who were then assembled in their owne Councell-house requiring them to come to their rescue and to take some present order for their safetie They by one Sir Thomas Thompson who indeed was an eye witnesse of the truth of it returned this answer That they were in the same if not a worse case themselves if the Lords without did not presently pacifie the inraged multitude that the whole streets were pestred with disorderly people that their Councell-house was beset without and thronged within with their owne threatning Citizens who had vowed to kill all within their house unlesse they did presently subscribe to a paper presented to them which for feare of their lives they were forced to doe Which paper contained these three particulars First that they should joyne with them in opposition to the Service Book and in petitioning Us for that purpose Secondly that by their authoritie they should presently restore unto their Pulpits and places Master Ramsey and Rollock their two silenced Ministers Thirdly that they should restore unto his place one Henderson a silenced Reader No doubt three most important grounds for such a fearfull sedition No better answer being returned the Lord Treasurer and the Earle of Wigton with their followers resolved to go up to the Towne Councell-house and to use the uttermost of their authoritie or if that found no respect their best perswasions for settling the present sedition When they came thither they found the Magistrates verie much discomposed greatly perplexed as much doubting whether they should ever escape from the place with their lives yet they presently entred into consultation with them about what was fittest to be done in such an exigent and finding now that the publike divulging of that paper which the Magistrates and Councell of the Citie had subscribed and that the open proclamation of it throughout all their turbulent troupes and at the Crosse had a little asswaged their furious rage the Lords begun to advise with the Magistrates what was best to bee done for the safetie of the Bishop of Galloway whom they had left besieged in the Councell-house It was thought fit by all that the Lords should returne to Our Councell-house and containe themselves therein till the Magistrates might try what they could do for calming the commotion in the streets But no sooner had the Lords presented themselves to the streets but they were received with such violence as they were forced to retire untill such time as two of the Bailiffes with their Serjeants and Officers and such others as they got to attend them accompanying the Lords and repeating to the multitude what had beene yeelded to in the paper exhibited to them a little way was made at first But presently when they entred upon the great street the barbarous multitude run most inragedly upon them Their out-cries were horrible and confused but were as much as in such a confusion could be distinguished God defend all those who will defend Gods cause and God confound the Service Book and all the maintainers of it The Lords being in present and imminent danger assured the people that they would represent their grievances to Us for when they perceived that the people refused to obey any commandement which was laid upon them in Our name and that they sleighted their requiring of them to retire unto their owne houses and to behave themselves as quiet and good subjects under paine of Our highest displeasure they were glad then to betake themselves to intreaties and plausible perswasions but all in vaine For the people still increased their furie and that to such a height as that the Lord Treasurer was throwne downe his hat cloak and white staffe pulled from him so that if by the strength of some about him he had not beene presently pulled up againe upon his feet he had undoubtedly been trode to death and in that posture without hat or cloak like a notorious malefactour was he carried by the croud to Our Councell-house doore where the Bishop of Galloway and others of Our Councell were imprisoned in great feare and expecting the Lords returne for their reliefe Not long after the Provost and Bailiffes came thither to them told them they had used their uttermost power and perswasions with the best ablest and of the prime esteeme of all their Citizens for the appeasing of the present tumult and securing their Lordships persons but could finde no concurrence nor obedience Whereupon the Lords resolved to send for some of the Noblemen and Gentrie and others who were now frequently assembled for assisting the petition against the Service Book to try what help they would or could contribute for quieting the inraged people and what assistance they might expect from them in freeing them from the present danger They being sent for came to the Lords and declared unto them how much they were unsatisfied with the present mutinie offered their persons and power for securing them from all violence which the Lords in Our Councell-house accepting of with much adoe being guarded by them whom the people
of this Church never departed fully from Rome And in this last Petition they begin to make their grievances swell adding their dislike of the Booke of Canons to their former distaste of the Service Book the occasion of Our authorising of which Booke of Canons was this As Wee were desirous to settle one uniforme forme of publike Prayer and Divine Service throughout that Our Kingdom and for that purpose authorized the Service Book so We conceived that it was not only expedient but necessary that there should be one uniforme forme of Church government throughout the same and because there was no booke extant containing any rules of such governement so that neither the Clergie nor Laity had any certaine rule either of the ones power or of the others practise and obedience and considering that the Acts of their generall Assemblies were but written and not printed and so large and voluminous as it is impossible that so many copies of them should be transcribed as that they may come to the use and knowledge of many and so Apocryphall as that few or none of themselves can tell which of them are authenticall and so unsafely and uncertainely kept that they do not know whither to addresse themselves for finding of them Wee could not imagine but that it should have beene acknowledged and received with all thankfulnesse that We had reduced their numerous Acts and those not knowne to them to such a paucitie of Canons and those published that none could be insnared through ignorance nor complaine that they were over-charged with the multiplicitie of them For it may be averred with unquestionable certaintie that not one in that Our Kingdome did either live under the obedience of the Acts of the generall Assemblies or did know what they were or where certainely to have them And yet these men have interpreted Our furthering their knowledge and facilitating and conveniencing their obedience for one of the most grievous burthens was ever laid upon them But no wonder it is if when mens minds are once out of taste with government nothing tending to order relisheth well with them Their petition was sent up to Us by Our Councell But Wee seeing no signe of repentance for or disavowing of their late tumults untill some order might be taken for the finding out and punishment of the authors of them resolved to delay the answering of their petition but in the meane time commanded Our Councell to signifie to all Our good subjects Our aversnesse from Poperie and detestation of Superstition the contrarie suggestions whereof We found the heads of this Rebellion had used for abusing of Our loyall subjects and so accordingly Our Councell caused a Proclamation to be made at Lithgow which was this Apud Linlithgow septimo Decemb. 1637. FOr as much as the Kings Majestie having seene the Petition presented to the Lords of his Majesties privie Councell and by them sent up to his Majestie concerning the Service Book determined to have taken the same into his Royall consideration and to have given his gracious answer thereanent with all conveniencie Like as his Majestie by his letters to his Councell of the date of the ninth of October last did signifie his gracious resolution to the effect aforesaid But since that time his Majestie finding farre contrarie to his expectation that such disorderly tumultuous and barbarous insolenceis have beene committed within the Citie of Edinburgh upon the eighteenth of October last to the great contempt of his Majesties Royall authoritie by abusing his Majesties Councellors and Officers of State with others bearing charge and authoritie under his Majestie within the said Citie His Majestie in a just resentment of that foule indignitie wherein his Majesties Honour did so much suffer hath beene mooved to delay the signification of his Majesties gracious intention in giving to his subjects such satisfactorie answers to their Petitions as in equitie might have been expected from so just and religious a Prince But yet his Majestie being unwilling that his Loyall and faithfull subjects should be possessed with groundlesse and uncessarie doubts and feares His Majestie is pleased out of his goodnesse to declare like as by these presents hee declareth That as he abhorreth all Superstition of Poperie so he will be most carefull that nothing be allowed within his Majesties Dominions but that which shall tend to the advancement of the true Religion as it is presently professed within his most ancient Kingdome of Scotland And that nothing is or was intended to be done therein against the laudable lawes of this his Majesties native Kingdome And ordaineth publication to bee made hereof in forme as a foresaid AT this time We sent into Scotland the Earle of Roxburgh Lord privie Seale with certaine instructions to Our Councell for ordering these disordered affaires according to which they appointed the Councell to sit at Dalkeith being not above foure miles from Edinburgh that so they might the more easily know what passed in that place now become the seat of the Rebellion and they removed the Session or Terme from Lithgow to Sterlin a place of 24. miles distance from Edinburgh that so the huge disorderly multitudes there assembled might be dispersed by the necessitie of the attendance of such as had any Law-businesse At the same time the Earle of Traquair Lord Treasurer of that Kingdome whom Wee had sent for hither was returned back with directions from Us He with Our Lord privie Seale other principall Councellers repaired to Sterlin where by Our commandement they caused a Proclamation to be made for the dispersing of the huge and dangerous multitudes there assembled and the assuring of Our subjects of Our sinceritie towards the Religion established in that Our Kingdom And there first the Nobilitie Gentrie Ministers and Burgesses did the same thing which they themselves called the uproare of Rascalls at the first reading of the Service Book in the Churches of Edinburgh and which they condemned but in milder tearmes by the name of an unjustifiable act in that great sedition at Edinburgh on the eighteenth of October 1637 For by them first at Sterlin then at Lithgow and last at Edinburgh was made the first avowed affront to Us Our authoritie and Lawes For at Sterlin Our Proclamation being made the Earle of Hume and the Lord Lindsey assisted with many others of all ranks made a Protestation against the same which Protestation was afterward repeated at Lithgow and last at Edinburgh where when upon the Crosse Our Proclamation was made by Our Officers with sound of Trumpets and assisted with Our Heralds with Our coats of Armes upon their backs it was received while it was in reading with jeering and laughing and after it was ended with a Protestation against it made by many Earles Lords Ministers and Burgesses and the conflux of all other sorts of people who were all of them so malapert as not to suffer Our Heralds and Officers to come off the Crosse but forced them to stay and heare
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 estate against whatsoever Jesuites and Seminarie or Masse-priests condemned enemies to God and his Majestie to their utter wracke and exterminion according to the power granted to us by his Majesties proclamation and acts of Parliament To try search and seeke out all excommunicates practisers and others Papists whatsoever within our bounds and shire where we keepe residence and dilate them to his Highnesse and his privie Councell and conforme us to such directions as from time to time we shall receive from his Majestie and his Councell in their behalfes And specially so many of us as presently are or hereafter shall be appointed Commissioners in every shire shall follow pursue and travaile by all meanes possible to take and apprehend all such Papists Apostates and excommunicates as we shall receive in writ from his Majesty And we the remanent within that shire shall concurre and assist with the saids Commissioners with our whole friends and forces to that effect without respect of any person whatsoever And generally to assist in the meane time and defend every one of us another in all and whatsoever quarrels actions debates moved or to be moved against us or any of us upon action of the present Band or other causes depending thereupon And effauldly joine in defence and pursuit against whatsoever shall offer or intend any injury or revenge against any one of them for the premises making his cause and part that is pursued all our parts Notwithstanding whatsoever privie grudge or displeasure standing betwixt any of us which shall be no impediment or hinder to our said effauld joyning in the said common cause but to lye over and be misknown till they be orderly removed and taken away by the order under-specified To the which time we for the better furtherance of the said cause and service have assured and by the tenour hereof every one of us taking the burden upon us for our selves and all that we may let assure each other to be unhurt unharmed or any wayes to be invaded by us or any our foresaids for old feid or new otherwise then by ordinary course of law and justice neither shall we nor any of our foresaids make any provocation or tumult trouble or displeasure to others in any sort as we shall answer to God and upon our Honours and fidelitie to his Majestie And for our further and more heartie union in this service we are content and consent that all whatsoever our feids and variances fallen or that may fall out betwixt us be within fortie dayes after the date hereof amicably referred and submitted to seven or five indifferent friends chosen by his Majestie of our whole number and by their moderation and arbitrement componed and taken away And finally that we shall neither directly nor indirectly separate nor with-draw us from the union and fellowship of the remanent by whatsoever suggestion or private advice or by whatsoever incident regard or stay such resolution as by common deliberation shall be taken in the premises as we shall answer to God upon our consciences and to the world upon our truth and honours under the pain to be esteemed traitours to God and his Majestie and to have lost all honour credit and estimation in time comming In witnesse whereof by his Majesties speciall command allowance and protection promised to us therein We have subscribed these presents with our hands At 1589. We JAMES Marquesse of Hamiltoun Earle of Arran and Cambridge Lord Even and Evendail his Majesties High Commissioner and Lords of his Majesties Privie Councel undersubscribing by vertue and conform to a warrant and command signed by his sacred Majesty of the date of Sept. 9. 1638. and registrate in the bookes of Councell upon the 22. day of the said month Swear and with our hearts and humble and true affections to Gods truth and to his sacred Majesty subscribe the Confession of faith of according to the date and tenour above specified and also renew swear and subscribe the foresaid general Band of the tenor abovewritten for preservation of the true Religion and maintenance of his sacred Majesties authoritie according to the tenor thereof and siclike as amply as the same was conceived in favours of his Majesties umwhile blessed Father of eternall memorie by the said Band. In witnesse wherof we have subscribed these presents with our hands At Holy-rood-house Septemb. 22. 1638. Sic subscribitur HAMILTOUN Traquair Roxburgh Mairsheall Mar Murray Linlithgow Perth Wigtoun Kingorne Tullibardin Hadingtoun Annandaill Lauderdaill Kinnoull Dumfreis Southesk Belheaven Angus Lorn Elphinstoun Naper Dalyell Amont J. Hay S. Thomas Hope S.W. Elphinstoun Ja. Carmichael J. Hamiltoun Blackhall AT the same time was a proclamation made for the indiction of the generall Assembly which was this At Holy-rood-house the 22. day of September 1638. FOrsomuch as it hath pleased the Kings Majestie out of his pious and religious disposition to the true Religion and out of his fatherly care for removing of all feares doubts and scruples which may arise in the mindes of his subjects for preservation of the puritie thereof and upon divers great and weightie considerations importing the glory of God the peace of the Kirke and Common-weale of this kingdome to appoint and give order that a free generall Assembly be indicted kept and holden at the Citie of Glasgow the 21. of November next Therefore the Lords of secret Councell ordaines letters to be direct charging Maissars and Officers of Armes to passe and make publication hereof by open Proclamation at the Market Crosse of Edinburgh and the head Burrowes of this Kingdome and other places needfull And to warne all and sundry Archbishops Bishops Commissioners of Kirkes and others having place and vote in the Assembly to repaire and addresse to the said Citie of Glasgow the said one and twentieth day of November next to come and to attend the said Assembly induring the time thereof and aye and while the same be dissolved and to doe and performe all which to their charges in such cases appertaineth as they will answer to the contrarie at their highest perill IMmediately after that this Proclamation was made for the indiction of the Parliament At Holy-rood-house the 22. day of September 1638. FOrsomuch as it hath pleased his Majestie out of his pious and religious disposition to the true Religion and out of his fatherly care for removing of all feares doubts and scruples which may arise in the mindes of his subjects for preservation of the puritie thereof and upon divers other great and weighty causes importing the glory of God the peace of the Kirk and Common-weale of this Kingdome to appoint and give order that the Soveraigne and High Court of Parliament shall be holden at the Citie of Edinburgh upon the 15. day of May next to come with continuation of dayes Therefore the Lords of secret Councell ordain letters to be direct to Maissars and officers of Arms charging them to passe to the market Crosse of Edinburgh
shall hereafter presse to disturbe the peace of this Kirk and Kingdome In witnesse whereof we have heartily and freely subscribed these presents with our hands At Holy-rood-house the 22. day of September 1638. Sic Subscribitur HAMMILTOUN Traquaire Roxburgh Mairsheall Mar Murray Linlithgow Perth Wigtoun Kingorne Tullibardin Hadington Annandail Lauderdail Kinnoul Dumfreis Southesk Belheaven Angus Lorne Elphinstoun Naper Dalyell Amont J. Hay S. Thomas Hope S.W. Elphinstoun Ja. Carmichael J. Hammiltoun Blackhall The Letter of Our Councel Most Sacred Soveraigne IF ever faithfull and loyall subjects had reason to acknowledge extraordinarie favours shown to a Nation and in a most submissive and heartie manner give reall demonstrations of the grace vouchsafed then doe we of your Majesties Councell of this your ancient Kingdome unanimously professe that such acts of clemency vouchsafed us cannot proceed from any Prince saving him who is the lively image on earth of the great God Authour of all goodnesse For return of so transcendent grace fortified with the reall expression of unparallel'd Pietie royall inclination to Peace and universall love not onely to those of our number but likewise to all your Majesties loyall Subjects wee doe all in one voyce with all resentment can bee imagined in all humility render our most bounden thankes and offer in testimonie of our full satisfaction and acquiescence herewith to sacrifice our lives and fortunes in seconding your Sacred Majesties commandements and repressing all such as shall hereafter preasse to disturbe the Peace of the Kirk and Kingdome And for some small signification of our alacritie and diligence in your Sacred Majesties service we have all without the least shadow of any scruple subscribed the Confession of Faith and Band appointed to be received by all your Majesties loyall Subjects sent the act passed in Councell with our other proceedings which wee doe most humbly represent to your Royall view And wee beseech your Majestie to be pleased to be perswaded of the unviolable devotion of all here subscribers who doe all in all humilitie pray for your Majesties most happie and flourishing reigne Sic subscribitur HAMMILTOUN Traquair Roxburgh Mairsheall Mar Murray Linlithgow Perth Wigtoun Kingorne Tullibardin Hadintoun Annandaill Lauderdaill Kinnoull Dumfreis Southesk Belheaven Angus Lorn Elphinstoun Naper Dalyell Amont J. Hay S. Thomas Hope S.W. Elphinstoun Ja. Carmichael J. Hammiltoun Blackhall IT is not for men to judge of other mens hearts and of their secret desires but We doe challenge the most rigid Covenanters to name any one particular ever desired by them in any of their supplications remonstrances protestations declarations written or printed exhibited to Us Our Commissioner or Councell which is not in this Our gracious Declaration granted to Our people For not onely all and every one of their particular grievances any way petitioned against by them are hereby discharged and removed but even the two generall things which they made the people beleeve was the summe of all their desires and expectations viz. a free Generall Assembly and a Parliament are indicted and in that order upon which they stood so earnestly first the Assembly and then the Parliament And besides all these their owne Confession of faith the ground as they pretend of their Covenant renewed and established Who would not now have expected a happie period to all the distractions of that Kingdome upon this Our gracious assenting to all their owne desires But the divellish obstinacie and malice of those factious spirits who did see that all their designes were utterly defeated and that their hopes for compassing of them were now a bleeding and drawing their last breath if they could not finde some meanes to blindfold Our peoples eyes and so keepe them from discerning and acknowledging Our grace and goodnesse towards them They presently before the houre that this Our Declaration was to be proclaimed filled Our peoples minds and eares with fearfull expectations of most terrible things to be delivered in this Our Proclamation and so destructive of the lawes and liberties of that Church and Kingdome especially of their late sworne Covenant that presently they wrought the people to a detestation of Our Declaration before they knew what it was They presently erected a large scaffold under the Crosse where Our Proclamation was to be made upon which were mounted not one or two from every Table to protest in the name of the rest as heretofore they had done but a great number of Earles Lords Gentlemen and others with their swords in their hands and hats on their heads not without jeering and laughing during all the time of Our Proclamation which no sooner was ended but with a most insolent and rebellious behaviour they assisted one Johnston in reading of a most wicked treasonable and ignorant Protestation which within few dayes after they printed and We doe here insert as being confident that all subjects in the world who shall come to read it will abhorre and detest it if ever they did feele in their owne hearts the least touch or taste of a Princes favour and clemencie or carry any affection to loyaltie justice and government The very reading of it will bring every good subject and religious honest man so farre out of love with it as it needeth no further confutation then the very perusall of it For who can endure to heare Scripture so grossely abused the holy name of God so solemnely invocated as a witnesse to such notorious falshoods to their rebellious courses and Covenant those attributes of infallibilitie given which are onely proper to the sacred Scripture and royall authoritie affronted with such peremptorie asseverations ignorant and senslesse reasons the falshood and inconsequence whereof must needs appeare upon first view to any one who shall cast his eye upon them The Protestation followes thus The Protestation of the Noblemen Barons Gentlemen Burrows Ministers and Commons c. WEe Noblemen Barons Gentlemen Burgesses Ministers and Commons his Majesties true and loyall subjects That whereas our continuall supplications complaints articles and informations presented first to the Lords of his Majesties Privie Councell next to his sacred Majestie and last from time to time to his Majesties Commissioner our long attendance and great patience this twelve-month bygone in waiting for satisfaction of our most just desires our zeale to remove all rubs out of the way which were either mentioned unto us or could be conceived by us as hinderances of our pious intentions aiming at nothing but the good of the Kingdome and preservation of the Kirk which by consumption or combustion is likely to expire delighting to use no other meanes but such as are legall and have beene ordinarie in this Kirk since the reformation and labouring according to our power and interesse that all things might be carried in a peaceable manner worthy of our Profession and Covenant our Protestation containing a hearty thanksgiving for what his Majesty in his Proclamation from his justice had granted of our just desires and our Protests
which they were sure should never bee done as shall now appeare in these particulars When the Commission from the Presbyterie of Peebles was read there was presently read a Protestation and Petition given in by a meane Minister of that Presbyterie not against the election it selfe for there did not appeare the least shew of exception against it when the Act of the Presbyterie was read but against some violence pretended to be used by Our Lord Treasurer who being an inhabitant within the precincts of that Presbyterie was present at the election The petition was conceived in very boisterous and uncivil terms The Lord Treasurer answered all that was pretended so fully that not any one in the Assembly seemed to bee unsatisfied there being not one election returned which was more punctually made and that even according to their owne publique instructions yet because the Commissioners elected though Covenanters were not the same who had been designed at Edinburgh nor such as another Lord dwelling in that Presbyterie who was a Lay-Elder and Covenanter had a mind to the approbation of that Commission and admission of these Commissioners most shamefully was put off and respited untill that Petition and Protestation might be examined and so it was continued from time to time though it were often called upon Our Commissioner told them That sure there were none present who did not admire at these proceedings and that if the Petitioner failed in his probation which afterward hee did and asked pardon for it hee deserved some exemplarie punishment to bee inflicted upon him who had dared to traduce so great an Officer of State In this particular it was too plain that the poore Minister was onely set on to present this Protestation for the reasons now declared After this there arose a very hot contestation concerning the election of the Lay-Elder for the Presbyterie of Brichen The Earle of Montrose presented one Commission in which the Laird of Dunn was chosen Lay-Elder by the voyce of one Minister and a few Lay-Elders There was another Commission presented by that Presbyterie in which was returned the Lord Carnaegie lawfully chosen by the voyces of all the rest of the Ministers and Lay-Elders yet because the Earle of Montrose did oppose the election of the Lord Carnaegie though his owne brother in law all the Covenanters in the Assembly sided with the Laird of Dunn for whom the Earle of Montrose stood both of them being rigid Covenanters against the other Lord who was a Covenanter likewise but a more moderate one And indeed it was a wonder to see how openly all rules of justice without any feare or shame were laid aside in this particular for though they did not approve the election of the Laird of Dunn who wanted voyces to his election yet they would not admit of the other whose election admitted not the least scruple In the agitation of this business there fell out a memorable passage of which the Covenanters were very much ashamed because it betrayed one of their secret instructions it was this There was written upon the back of that Commission which was tendered by the Lord Montrose a Declaration wherein the lawfulnesse of that Commission and the unlawfulnesse of the other was offered to be cleared in which among other things it was objected against the Lord Carnaegie his election that it was made contrary to the directions of the Tables at Edinburgh which the Clerk perceiving stopped and would read no further Our Commissioner hereupon required the Moderatour to give him a copie or extract of that paper which was last read and of the names of those who had subscribed to it and that subscribed by the hand of the Clerk of the Assembly The Moderatour absolutely refused it Our Commissioner told him that he desired it to help him in Our service that by it he might bee the better informed how to proceed in his objecting against such Commissions as he meant to challenge The Moderatour againe refused to doe it alledging that the challenged Declaration was but accidentally written on the backe of the Commission Our Commissioner replyed That could not be written privately or accidentally which was given in publike to the Assembly and that by a member of it of so great place and quality for a justification of his proceeding in that election and withall protested That though he were not Our Commissioner but the meanest subject of the land he could not in justice be denied the copie of any thing exhibited in a Court of justice But all in vaine for after much cavilling by the Moderatour and other covenanting Lords Our Commissioner desiring the Moderator to put it to voyces whether he could be denied a copie of it even that was refused him likewise they being afraid that the Assembly would not deny so notorious an act of justice upon which Our Commissioner though mildly yet with some expression of distast did thus deliver himselfe Let God Almighty judge if this be a free Assembly in which is denyed to his Majesties Commissioner that which cannot be denyed to the meanest of his subjects and at last hee tooke instruments in the hands of Our Clerke of Register that he was refused the copie of a Declarator given in to the Assembly delivered into the Clerkes hands and publikely read by him in which amongst other things was contained that the election of the Lord Carnaegie Commissioner from Brichen was invalid as being contrarie to the directions of the Tables of the Commissioners at Edinburgh which occasioned the Moderator to say That Our Commissioner needed no copie of it he had so faithfully repeated all that was contained in it Our Commissioner hereupon since he could not obtaine a copie of it desired all present to be witnesses of what the Moderator had spoken that he had acknowledged his faithfull repetition of that part of the Declarator whereof he was refused the copie and thereupon againe tooke instruments In this businesse Sir Lewis Stuart one of Our Assessors to Our Commissioner spake some few words which when the Moderator was about to answer the Lord of Montrose forbid him to answer one who had no place to speake there Afterward there arose a great contestation between the Earle of Southesk one of Our Assessors and the Moderator with so much heat on the Moderators side and some Lords who sided with him that Our Commissioner was put to moderate the Moderator and quench the heat of the Assembly for which many of them gave Our Commissioner thankes and so all businesse was continued till Munday On Munday being the 5. day of their sitting they went on in the rest of the controverted elections refusing to heare the Lord Carnaegie his election discussed but putting it off to a Committee Master Andrew Logie Minister of Red but a Non-covenanter being returned a Commissioner from the Presbyterie of Garrioche was refused to be admitted though they laid not the least exception against his election their pretence was
There was a Petition presented against him to the Assembly and no voice must be allowed him untill he had answered that A very easie device for putting by any Commissioner whom they liked not since it was no hard matter to find one to present a Petition against any man Another Minister of the Channery of Rosse and Archdeacon of Rosse one Master William Mackeinzey Commissioner from the Presbyterie of the Channery upon certaine cavills both of his election and commission which did beare that he should continue there no longer then Wee or Our Commissioner should continue the Assembly because the sole power of calling and dissolving of Assemblies did belong to Us for the present was onely suspended from his voice the reason was plaine he was a Non-covenanter and had openly averred in the Assembly that at their election the Ministers of their Presbyterie were threatned by those who brought Letters from the Tables if they should returne the election of any but such as they who brought the Letters desired Two elections were returned from the Presbyterie of Aberdene One of Covenanters made by a few Ministers but many Lay-Elders at which neither the Moderatour nor the Clerke of the Presbyterie were present Another of Non-covenanters which election was made onely by Ministers and at which the Moderatour and Clerke were both present yet that other election at the returne whereof there wanted the Clerkes hand without which no Presbyteriall Act can bee taken for a Record was allowed and the other rejected upon the bare relation of one of the Covenanting Ministers who was returned wrongfully and the attestation of the other whom the Moderatour openly in the Assembly called up and desired to testifie whether the relation of his fellow was true an excellent way of proofe against a publique Record to take the testimonie of one who was as wrongfully returned as the Relator The Universitie of Aberdene sent none of their Professors to the Assembly not daring to trust themselves upon the way having been so much threatned with the losse of their lives for writing against the Covenant Onely they sent one of their number no Divine but a Professor of Humanitie to excuse their absence his Commission being read gave him onely power to be there and did constitute him their Agent in any thing which should concerne their Universitie requiring him to continue there and from time to time to give them advertisement of all that passed The Moderatour did justly affirme That that was no Commission the party having no power by it to give any voice in the Assembly and so there was no more to be said to it but immediately something being transmitted by whispering from eare to eare untill it came to the Moderatours eare the Moderatour begun presently to recant and perusing his letter of credence said hee perceived that there was onely want of formalitie in the draught which they might easily passe over and so they allowed that for a Commission which was none and admitted him to have a voice in the Assembly though the Universitie gave him no such power nor would they have sent any Commissioner but a Divine At this sudden change of the Moderatour made in him by a whisper many begun to smile and to lay wagers that the party admitted was a Covenanter which the Moderatour did not expect from that Universitie and that this secretly-conveyed intelligence of it had changed him and indeed afterward it proved to be so And thus the members of their Assembly were constituted just as they had designed them at which they were mightily over-joyed being now assured that they might conclude what they pleased And although it might in common reputation have better suited with the principles of wisedome not to have taken exceptions against these few elections which were made contrarie to their directions for thereby they had gained the opinion of impartialitie and had lost nothing of their power those few voices not being able to carrie any thing against their great number yet such was their blind obstinacie that they scorned that any one should sit there who runne not their rebellious courses as holding it a dis-reputation to them if they should be thought to have abated any thing not onely of their power but even of their will Besides not onely their peevishnesse but even their pride appeared notably in one particular Wee in Our Letters to the Assembly had nominated for Assessors to Our Commissioner these sixe The Earle of Traquair Lord Treasurer the Earle of Roxburgh Lord Privie-Seale the Earle of Argyle the Earle of Lauderdaile the Earle of Southesk Lords of Our Privie Councell and Sir Lewis Stuart an Advocate a farre fewer number then ever Our royall Father called to assist any of his Commissioners all which ever constantly had voices in the Assembly But here though these sixe suffrages were able to doe nothing against their minds yet because they would be sure to clip the wings of Authoritie they absolutely refused to let them have any voice at all telling Our Commissioner That he might consult with these Assessors if he pleased but that they were to have no voice in the Assembly affirming with incredible impudence That if We Our Selfe were there We should have but one voice and that not negative neither nor more affirmative then any one member of the Assembly had by which meanes they have published to the World this sweet and wholsome doctrine That their King in their Ecclesiasticall Assembly hath no more power then any Towne-Clerke Taylor or Sadler who shall sit as a Lay-Elder there which desperate opinion of theirs doth plainly shew the reason why in their last publique instructions preceding the Assembly they ordered That every Lay-Elder from Presbyteries should come attended with three or foure and every Commissioner from Burrowes with five or sixe of their owne ranke and qualitie who should continue with them all the time of the Assembly without whose advice they should not give voice to any thing a thing never heard of at any generall Assembly before Sure they had heard and knew the number names of the Assessors whom Wee had appointed to assist Our Commissioner and therefore they would have every mechanicall Artizan chosen a Lay-Elder for the Assembly whom they held to have equall power with Us in it to carrie the same badge of power and state with Us and to have their Assessors as well as We and those equall in number to Ours and the same power with Ours of consulting though not concluding All which whether royall Majestie and supreme Soveraigntie can or ought to digest any reasonable man may judge The Assembly being just now the same thing which the Tables were at Edinburgh in substance but in condition far worse for here were none now but the most obstinate Covenanters whom the severall Tables had picked out of all the packe and they meeting at the Towne-house of Glasgow alwayes before they met at the Church the place of the
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
them containing prelimitations and such as are repugnant not onely to that which they called the freedome but to that which is indeed the freedome of an Assembly Two of these papers were such as they were content should be communicated to all their associates viz. that larger paper sent abroad to all Presbyteries before or about the time of Our indiction of the Assembly and that lesser paper for their meeting first at Edinburgh then at Glasgow some few daies before the Assembly and for chusing of assessors These two papers Our Commissioner delivered not into the assembly because they did publiquely avow them But their other two papers of secret instructions were directed not from the Table publiquely but under-hand from such as were the prime Leaders of the rest The one of them was delivered or sent onely to one Minister of every Presbyterie whom they trusted most and was onely to be communicated to such as hee might be confident of and was quite concealed from the rest of the Ministers although Covenanters The other paper was directed onely to one lay-Elder of every Presbyterie to be communicated as hee should see cause and to be quite concealed from all others These are the two papers which before you heard were delivered by Our Commissioner into the assembly and they did containe directions which being followed as they were did banish all freedome from this assembly as doth appeare before by the reading of the papers themselves The second Some Presbyteries did chuse their Commissioners before the assembly was indicted and therefore those Commissioners could not lawfully have any voice there The third Neither lay-Elder nor Minister chosen Commissioner by lay-Elders could have voice in the assembly because such elections are not warranted by the lawes of that Church and Kingdome nor by the practice and custome of either for even that little which seemeth to make for their lay-Elders is onely to be found in these bookes which they call the bookes of Discipline which were penned by some private men but never confirmed either by Act of Parliament or Act of generall assembly and therefore are of no authoritie And yet in these elections they did transgresse even the rules of these bookes there being more lay-Elders who gave voices at every one of these elections then there were Ministers contrarie to their bookes of Discipline which require that the lay-Elders should alwaies be fewer But say there were an Ecclesiasticall order or law for these lay-Elders yet the interruption of that order for above fortie yeeres maketh so strong a prescription in that Our Kingdome against it as that without a new reviving of that law by some new order from the generall assembly it ought not againe to have been put in practice For if We should put in practice and take the penalties of many dis-used lawes without new intimation of them it would bee thought by Our subjects hard usage The fourth In many Presbyteries these lay-Elders disagreed wholly in their election from chusing those Ministers whom their owne fellow-Ministers did chuse and carried it from them by number of voices although in all reason the Ministers should best know the abilities and fitnesse of their brethren The fifth These men elected as lay-Elders to have voices in this assembly could not be thought able and fit men since they were never Elders before all or most of them being newly chosen some of them were chosen lay-Elders the very day before the election of the Commissioners to the assembly which sheweth plainly they were chosen onely to serve their associates turne The sixth Since the institution of lay-Elders by their own principles is to watch over the manners of that people in that Parish wherein they live how can any man bee chosen a Ruling-Elder from a Presbyterie who is not an inhabitant within any Parish of the precinct of that Presbyterie And yet divers such especially Noblemen were chosen as lay-Elders Commissioners from Presbyteries within the precincts whereof they never were inhabitants against all sense or reason even upon their owne grounds The seventh They can shew neither law nor practice for chusing assessors to the Ruling-Elders without whose consent they were not to give voice to any thing in the assembly The eight The introducing of lay-Elders is a burthen so grievous to the Ministers as that many Presbyteries did protest and supplicate against them and many Presbyteries though they were in a manner forced to yeeld to it then yet did protest against it for the time to come The ninth In the election of Commissioners to this assembly for the most part the fittest men were passed by and few chosen who ever were Commissioners at any assembly before the reason was they conceived that new men would not stand much for their owne libertie in an assembly of the liberties whereof they were utterly ignorant Besides some were chosen who were under the censures of the Church some who were deprived by the Church some who had been expelled out of the Universitie for reading to their Scholars against Monarchicall government some who had been banished out of that Kingdome for their seditious Sermons and behaviour some who for the like offences had been banished out of Ireland some who were then lying under the sentence of excommunication some who then had no ordination or imposition of hands some who had lately been admitted to the Ministerie contrarie to the standing lawes of that Church and Kingdome and all of them were chosen by lay-Elders Now what a scandall were it to the Reformed Churches to allow this to be an assembly which did consist of such members and so irregularly chosen The tenth Divers members of this Assembly even whilst they sate there were Rebels and at Our Horne and so by the lawes of that Our Kingdome uncapable of sitting as Judges in any Judicatorie The eleventh Three oathes were to bee taken by every member of this Assembly the oath to the confession of faith lately renewed by Our commandement the oath of Allegeance the oath of Supremacie any of which three oathes whosoever shall refuse cannot sit as a Judge in any Court of that Kingdome and yet none of all these three oathes were sworne by any member of this Assembly Besides these nullities of this Assembly what indecencie and rudenesse was to be discerned in it not so much as the face of an Ecclesiasticall meeting to bee seen not a gowne worne by any member of it unlesse it were by one or two Ministers who lived in the Towne the appearance in a manner wholly Laicall amongst the members of it were seven Earles ten Lords fortie Gentlemen one and fiftie Burgesses many of them in coloured clothes and swords by their sides all which did give voices not onely in very high points of controversie which We are sure very many of them did not understand but also in the sentences of excommunication pronounced against the Bishops and others Nay and more all things in the Assembly carried by the
sway of these lay-Elders insomuch that all the time which Our Commissioner stayed in the Assembly it was a very rare thing to heare a Minister speake for there was one Earle and one Lord who spake farre more then all the Ministers except the Moderatour And in the Assembly every thing which was put to voices was so clearly discerned to have been resolved amongst themselves before by a palpable pre-agreement that it was very tedious to the auditors to heare the List of the Assembly called when the conclusion of it was knowne to them all after the hearing of his voice who was first called which made some present to envie no member of the Assembly but one whose fortune it was ever to bee first called his name being set downe first in the List his name was Master Alexander Carse Minister of Polwart one of the Commissioners from the Presbyterie of Dunce For if the Acts of this Assembly should come out in Latine and bee thought worth any thing in the Christian world and withall it should be expressed that the List of the members of it was called to the passing of every Act and his name should ever be found to be the first there was never a Father nor Bishop whose name is in any of the Greeke or Latine Councells so famous as this man should now be for hee would be taken for a man of an unparalleled judgement both for soundnesse and profoundnesse from whose judgement not one of the whole Assembly except one and that but once did ever swerve in the least particular for as he begun all the rest did constantly follow All these things being well considered what hope could bee conceived of any good either for the Church or Kingdome from an Assembly thus miserably constituted And therefore We resolved to dissolve it as knowing that it would make that Church and Kingdome ridiculous to the whole World especially to the adversaries of Our Religion that it would both grieve and scandalize all the other Reformed Churches and make Our Justice to bee universally traduced if We should have suffered the Bishops Our subjects in that which concerned their callings their reputations and fortunes to be judged by their sworne enemies thus prepapared against them After Our Commissioners departure from Glasgow they still continued their Assembly notwithstanding Our dissolving it by Proclamation under paine of treason And then immediately the Earle of Argyle who indeed all this while had beene the heart of their Covenant begun to declare himselfe openly to be the head of it for he presently adjoined himselfe to them sate continually with them in the assembly although he were no member of it nor had suffrage there but sate onely as their chiefe director and countenancer and indeed like Our Commissioner It was not to be expected that after We had dissolved the assembly they would observe any greater moderation in their proceedings then they had done before nor did they indeed for all things passed in a hudling confusion nothing argued publikely but every particular referred to some few Committees who were the most rigidest they could pick out of the whole packe what they resolved on was propounded presently to the assembly swallowed downe without further discussing Mr Alexander Carse was called up what he said first all the rest said the same In one houre they declared six generall assemblies to be null and void though two of them were then and are still in force by severall acts of Parliament and divers acts of the other foure are ratified and confirmed by Parliament In another houre they condemned upon the report of a few Ministers all the Arminian tenets as they call them and under that name many things received by all the Reformed Churches a strange way to condemne the Arminian tenets without defining what those tenets were In another houre they deprived the Archbishop of Saint Andrewes the Bishops of Galloway and Brechen and so at other times all the rest of the Bishops many of whom they likewise excommunicated where it is observable that in the printed acts of this their now after Our dissolving of it pretended assembly the acts of the depositions of the Bishops beare no such odious crimes as they had made Our people beleeve they were guilty of in that infamous libell which they caused to be read in the Pulpits against them for proofe whereof We have caused one of their sentences of deposition to be here inserted whereby it may be seene that not so much as one witnesse was examined nor offered to be produced against them for any one of those fearfull crimes with which they were slandered in the libell but were onely deposed for their obedience to acts of Parliaments and generall assemblies Sentence of deposition against Mr John Guthrie pretended Bishop of Murray Mr John Grahame pretended Bishop of Orknay Mr James Fairly pretended Bishop of Lismoir Mr Neil Campbell pretended Bishop of Isles THe generall Assembly having heard the libels and complaints given in against the foresaids pretended Bishops to the Presbytery of Edinburgh and sundry Presbyteries within their Diocesse and by the saids Presbyteries referred to this Assembly to be tried The saidâ— pretended Bishops being lawfully cyted oftentimes called and not compearing proceeded to the cognition of the complaints and libels against them and finding them guiltie of the breach of the cautions agreed upon in the Assembly at Montrose Anno 1600. for restricting of the Minister voter in Parliament from incroaching upon the liberties and jurisdictions of this Kirk which was set downe with certification of deposition infamie and excommunication and especially for receiving consecration to the office of Episcopacie condemned by the Confession of Faith and Acts of this Kirke as having no warrant nor foundament in the word of God and by vertue of this usurped power and power of the high Commission pressing the Kirke with novations in the worship of God and for their refusall to underlye the triall of the reigning slander of sundry other grosse transgressions and offences laid to their charge Therefore the Assembly moved with zeale to the glorie of God and purging of this Kirke ordaines the saids pretended Bishops to be deposed and by these presents doth depose them not onely of the office of Commissionarie to vote in Parliament Councell or convention in name of the Kirke but also of all functions whether of pretended Episcopall or ministeriall calling And likewise in case they acknowledge not this Assembly reverence not the constitutions thereof and obey not the sentence and make not their repentance conforme to the order prescribed by this Assembly ordaines them to be excommunicated and declared to be of these whom Christ commandeth to be holden by all and every one of the faithfull as Ethnicks and Publicans and the sentence of excommunication to be pronounced upon their refusall in the Kirks appointed by any of these who are particularly named to have the charge of trying their repentance or impenitencie
Prelates Act anent the excommunicating of the Ministers deposed who doe not obey their sentence Act against those who speake or write against the Covenant this Assembly and constitutions thereof Act of reference anent the voicing in the Kirk Sessions Act condemning Chapters Archdeans preaching Deacons and such like Popish trash Act against the obtruding of Pastors upon people Act against marriage without Proclamation of Banes Act against funerall sermons Act anent the triall of expectants that is such as are not possessed of any Benefice Act anent the admission of Master Archibald Johnstoun to be Advocate and Master Rob. Dalgleish to be Agent for the Kirk Act anent the transplantation of Master Alexander Henderson from Leuchars to Edinburgh Act of reference to the Presbyteries and Provinciall Assemblies to take order with Salmon-fishing Act of transporting Master Andro Cant from Pitsligo to Newbotle Act condemning all civill offices in the persons of Ministers separate to the Gospel as to be Justices of peace sit in Session or Councell to vote or ride in Parliament Act concerning a Commission for complaints about Edinburgh Another Commission to sit at Jedburgh Another Commission to sit at Irwin Another Commission to sit at Dundee Another Commission to sit at the Channeries and Forres Another Commission to sit at Kircubright A Commission for visitation the Colledge of Aberdene A Commission for visitation of the Colledge of Glasgow Act against Salmon fishing and going of milnes on the Sabbath day Act appointing the Commissioners to attend the Parliament and Articles which they are to represent in name of the Kirke to the Estates Act ordaining the Commissioners from Presbyteries and Burrowes presently to get under the Clerks hand an Index of the Acts and hereafter a full extract of them which they are bound to take back from the Assembly to the Presbyteries and Burrowes Act ordaining the Presbyters to intimate in their severall pulpits the Assemblies explanation of the Confession of faith the Act against Episcopacie the Act against the five Articles the Act against the Service book booke of Canons booke of Ordination the High Commission the Acts of excommunication and deposition against some Prelates and Act of deposition onely against some others of them An Act discharging Printers to print any thing either anent the Acts or the proceedings of this Assemblie or any treatise which concernes the Kirke without a warrant under Master Archibald Johnstouns hand as Clerke to the Assemblie and Proctor for the Kirke and that under the pain of all Ecclesiasticall censure to be intimate with other Acts. Act ordaining the Covenant subscribed in Febr. now to be subscribed with the Assemblies Declaration Act discharging all subscription to the Covenant subscribed by his Majesties Commissioner and the Lords of Councell Act ordaining all Presbyteries to keepe a solemne thanksgiving in all Parishes for Gods blessing and good successe in this Assembly upon the first convenient Sabbath Act against those who are malicious against this Church decliners or disobeyers of the Acts of this Assembly Act warranting the Moderatour and Clerke to give out summons upon relevant complaints against parties to compeere before the next Assembly Act renewing the priviledges of yeerely generall Assemblies and oftner pro re nata and appointing the third Wednesday in July next in Edinburgh for the next generall Assembly Act that none be chosen ruling Elders to sit in Presbyteries provinciall or generall Assemblies but those who subscribe the Covenant as it is now declared and acknowledges the constitution of this Assembly Act to transport Master Rob. Blair from Aire to St. Andrewes Act for representing to the Parliament the necessitie of the standing of the Procutors place for the Kirk There are many lesse principall Acts omitted so the Index is not fully perfect A. Jhonston BY these it is easie to be discerned what conclusions tending to Sedition and Rebellion and the overthrow of the lawes both of Church and Kingdome were agreed upon what false nay and what foolish positions there were established For instance Had it not been enough to have removed Episcopall government the five Articles of Perth and the other pretended innovations if they had been furnished with lawfull power so to doe No but they will have it concluded that all these were abjured in the confession of faith when it was first sworne which no reasonable man can beleeve and which they themselves did allow in many not to abjure when they first swore their Covenant and to which many Ministers members of this Assembly had sworne at their admission into their Benefices according to the Acts of Parliament and Acts of generall Assembly provided in that case And so by swearing that these things were abjured in the first confession they make them profess that they had perjured themselves in taking the other oath of their conformitie to these pretended innovations Upon which rocke one Minister of the Assembly finding himselfe to be set fast when that Act was voiced unto which declared Episcopall government and the five Articles of Perth to have been abjured formerly and so to be for ever removed Mr. Robert Baylie voiced thus Removed but not abjured to the great scandall of the rest of the Assembly hee being reputed for one of the ablest men in it But the Act was drawne up in these termes Abjured and removed by the voices of all the Assembly except his alone who knowing that all the Acts were particularly to be read and voiced to againe had drawn up a supplication to the Assembly in the name of those Ministers who before had conformed themselves to the five Articles of Perth for a mitigation of that Act at least that it might receive a publique hearing and arguing which the rest having knowledge of when that Act came to bee read and voiced to againe one of the Lords who was a lay-Elder perswaded with the Clerke that in calling the List this Minister his name should be omitted and so the Act passed without so much as asking of his voice who had his supplication ready when he should be called upon by his name but perceiving that the omission of his name was purposely done he durst stirre no more in it for feare of publique envie and some private mischiefe which might be done unto him And yet you must think this was a most godly and free Assembly Towards the end of their Assembly they divided themselves into severall Committees which should after their rising see all their Acts put in execution a thing never heard of before in that Church The Moderatour concluded with thankes to God for their good successe and then to the Nobilitie and the rest for their great paines and last of all with a speech to the Earle of Argyle giving him thankes for his presence and counsell by which they had been so much strengthened and comforted The Lord Argyle answered him with a long speech first intreating all present not to misconstrue his too late