for consecration then the Oath the new Bishop was to take before his Majesty viz. That he acknowledged the Kings Majestie Supreame Governour of his Realme as well in things Temporall as in the conservation and purgation of Religion which differs in wordes from the English Oath of Supremacie but is in sense the same And that he held the said Bishoprick and the possessions thereof under God onely of his Majesties Crown c. Lastly there was a forme concluded on for his restitution to his Temporalities Now this agreement was in precise tearmes confirmed by his Majestie and Councell in that selfe same yeere 81. when that Covenant was commanded by them to be sworne by the Subject So that it cannot be conceived that his Majesty and Councell should in the same yeere give order to sweare downe Episcopacie wherein they apparantly took such speciall care to confirme it And no honest man will deny that the subject was bound to sweare that Covenant in that sense and none other which was agreeable to their intentions who commanded it to be sworne It is objected that under those words Wee abjure c. The Popes wicked Hierarchie Episcopacie is sworn downe R. If by those wordes they will over-throw Episcopacie I see not but withall they must be forced to confesse that they have at once abjured both their Presbyters and their Deacons For the Councell of Trent makes the Hierarchie of the Church to consist of those three Orders Bishops Presbyters and Deacons Now if under the word Hierarchie one of these be sworne down how can the other two escape for it consists alike of three and therefore all three must needes runne the same fortune If they reply that indeed they still retaine Presbyters and Deacons but yet so onely as they are ordained in the reformed Churches R. The like I reply for Bishops that they were then ordained in a forme allowed by reformed Churches as this in substance was by the Church of England and in precise tearmes by the Commissioners of the Church of Scotland For it is not probable that in ten yeeres space there should bee no Bishoprick voyde and so none ordained according to the forme in the Councell Bookes Nay it is apparently plaine that some were so ordained and took that fore-named Oath viz. John Archbishop of Saint Andrewes in the yeere 72. and James Bishop of Dunkell in the yeere 73. as it is registred in the books of Councell where perhaps others are recorded too If they say That the Scottish Bishops must needes be part of the Popes Hierarchy because they succeeded those and received imposition of hands from those who lived in obedience to the Pope R. I againe reply That their Presbyters are in the very same case for I presume they will not say but they must needes derive their orders either from Bishops of that obedience or from Presbyters who were ordained by such Bishops Because that seeing in the beginning of the Reformation there were no other Clergie men in these parts they must take their orders either from them or none for I perswade my self they will not affirme That non Presbyter can ordinare Presbyterum Nay as they are learned men they should not say but that a Priest ordained by the new Roman Church if he leave his superstition and turne Protestant needes no more ordination to become a Presbyter with us But what then must be the meaning of those words That they abjure the Popes wicked Hierarchy R. As I conceive the sense of them is plaine from a precedent clause in that Covenant viz. that they abjure the Popes five bastard Sacraments and yet I hope they intended not to sweare out either Matrimony or holy orders in generall which yet are two as all know reckoned by that Church amongst her five but onely they abjured those corruptions and superstitious formes which the Romish Church had annexed to these divine Institutions as in calling them Proper Sacraments So when they abjured his wicked Hierarchy they did not sweare out Bishops no more then they did Presbyters or Deacons But they abjured the corruptions and superstitious Con-comitants which the Pope had annexed to those holy Callings V.g. amongst many other abuses that Bishops were constrained to sweare such an obedience and dependence on the Pope as was derogatorie to the supreame power of their owne native Prince So that then it was almost an impossible thing to be at once a stout Prelat and a loyall subject And suppose Bishops or Presbyters in this treasonable constitution they were then no doubt in that point the Popes wicked Hierarchy as now they may be the Consistories All this I the rather urge because I conceive that the acts of King and Councell are the best interpretors of that Covenant because it was set on foot by authority of King and Councell for Quisque optimus interpres sui THE ANSWER Whether in commanding to sweare the Covenant 1580. and 81. his Majesty that then was and his Councell did intend the abjuration of Episcopacie IN all commanded oaths and abjurations a twofold deception is to be avoided One is in him who taketh the Oath that he have no fraudulent intention contrary to the sound professed intention of him who tendereth the Oath otherwise both Gods Name is taken in vaine and our Superiour is deluded The other is In him that tendereth the Oath that hee have not an hid and secret intention contrair to that which is open and professed In this case the regard must be had not to that which is secret and unknowne but to that which is professed and which is knowne to be the true meaning of the words of the Oath That abjuration of Episcopacie was professedly intended in the Covenant 1580. and 1581. by his Majestie and his Councell may be apparant First from the words of the Confession commanded to be sworne where profession is made that we shall continue in the obedience of the doctrine and discipline of this Church which discipline at that time was not the governement of the Church by Bishops but by Presbyteries the whole heads of the policie of the Church except such as concerned Patronages Church rents and the like after much agitation from Assembly to Assembly being agreed upon not onely by the Generall Assembly but by his Majesties Councell Episcopacie being abandoned and Presbyteriall governement established such as before were called Bishops being tyed to particular flocks ordained to be called by their own names and by the name of brethren and forbidden to usurp the power of Presbyteries till at last in the Generall Assembly holden at Dundie July 1580. the office of a Bishop was abolished by a particular act as unlawfull in it self and Bishops ordained to dimit the samine under the pain of Excommunication Like as in the Assembly at Glasgow April 1581. the said act was further explained and confirmed the Kings Commissioner presented to the Assembly the Confession of faith subscribed by his Majesty and
Liberties were the first causes motives of our troubles Secondly that we did hūbly frequently supplicat protest for remedy that in a most quiet peaceable way that never ceasing from our humble supplications we did take Arms meerly for our own defence whereof we devested our selves how soon any tollerable pacification could be obtained resolving upon the hope of injoying of our Religion and Liberties by the help of our God to bear our own burthens We come to our third consideration to vindicat our selves from the breach of peace which we trust will be a work very easie for us in the minds of so many as will be pleased to judge unpartially and without prejudice to heare the plain trueth For nothing is now after so many dayes and so hard dealing layde to our charge which was not before his Majesties parting from Barwick both objected by our adversaries and so fully answered by our Commissioners sent from us that his Majesty was pleased to continue in his purpose and to renew his Royall promise of holding the Assembly and Parliament If his Majesty was not then satisfied without answers how was it that the Assembly and Parliament the summe of all our desires were still granted and if his Majesty was then satisfied with our answers how cometh it that we should be charged with the same aspersions which were purged before This Sophisticall wrangling and grosse wronging of the truth may perhaps gaine some ground upon the credulity of strangers who are not acquainted with the order of our proceedings but can have no power with us or with others who were witnesses to our wayes but to make us the more affectionat to the cause and them more affectionat to us whom they know to bee borne down not onely by violence but by calumnies and contradiction Wee present therefore in this place both the articles where with we were charged 1639. July 18. and the answers given unto them Articles wherewith we were charged July 18. 1639. after the pacification 1. ENglish skippers abused at Leith 2. Ammunition not all restored 3. Forces not dismissed and in particular Munro his Regiment yet keeped afoot 4. Generall Leslies commission not yet given up 5. Fortifications not so much as begunne to be demolished 6. Their unlawfull meetings still keeped afoot whereby our good subjects are day lie pressed to adhere both to their unlawfull Covenant and pretended Assembly at Glasgow 7. Protesting against our gracious Declaration of the Act of pacification published in your Camp at Dunce 8. Protestation made publickly at the time of the Indiction of the Assembly 9. Protestation made against our command of the down-sitting of the Session 10. Why seditious Ministers who in their Sermons preach seditiously are not taken order with 11. Why our good subjects are deterred and threatned if they shall come home to their own native countrey and their houses 12. Our subjects are required to subscribe the acts of the late pretended Assembly or the Covenant with the addition 13. Order is not taken with the persons who have committed insolencies upon our officers and other our good subjects 14. None are admitted or allowed to be chosen members of the ensuing Assembly except such as doe subscribe and sweare to the ratification of the former Assembly 15. Our good subjects who have stuck by us and our service are publickly railed upon in the streetes and pulpits by the name of traytours and betrayers of the Countrey 16. Ministers are daylie deposed for not subscribing to the ordinance anent the pretended Assembly and Covenant 17. Why Balmerinoch and his associates did stop our good subjects from coming to us when they were ready and willing to have obeyed us and our commands 18. The paper divulged and if they avow the same Our answers at that time to those articles TO the first It is answered That the processe ledde before the Baillies of Leith and the parties and witnesses depositions taken before Captaine Fieldoun 22. of July instant will cleare this and witnesse against them that they have contradicted themselves and so are not worthy to be beleeved To the second The Cannon which were at Leith are delivered unto the Castle already the rest shal be delivered in with all possible diligence at farthest before Saturday next at night As for the Muskets all those which we conceive were taken are already delivered And if the Lord Thesaurer can prove that any of our societie did receive any more the same shall bee restored or the pryce thereof And the 54. barrells of powder shall be payed for The ball was not made use of but all lying still where they were To the third Since his Majestie will have that Regiment disbanded the same shall be done presently But wee humbly beg that his Majestie would be pleased to dismisse the Garrisons in Barwick Carlill and the rest of the borders The fourth is obeyed by the Generall his surrender which he had pressed many times before To the fifth The Town of Edinburgh pretends by their Rights and Charters granted from his Majesties Predecessours a power to fortifie Leith which must be discussed before it be taken away And yet for to shew their readinesse to give his Majestie all contentment they shall before the Parliament cause make a slope or two in the Fortifications which if his Majesty and Parliament find that they shal be casten downe It must bee at the Kings Majesties and not upon their charges To the sixth It is denyed that any meetings are keeped but such as are agreeable to the acts of Parliment and although wee must adhere to our most necessar and lawfull Covenant yet to our knowledge none hath been urged to subscribe it To the seventh It is denyed that any Protestation was made against his Majesties gracious declaration of the pacification but by the contrair both at Dunce and Edinburgh publick thansgiving was given with a Declaration that we adhere to the Assembly To the eighth it is answered that wee could not passe by the citation of Bishops to the Assembly without protestation seeing our silence might have inferred us to have acknowledged them to be members of the Assemblie To the ninth there was nothing protested against the Session to inferre any claime that any Subject or all the Subjects hath power to hinder or discharge them but onely in respect of the times when neither the Liedges could attend neither had they their writs in readinesse to pursue or defend they behoved to protest for remeed of law in case any thing should bee done to their prejudice To the tenth we know no such seditious Ministers and when any Ministers alleadged seditious shall bee called before the Judge ordinar they shall be punished according to justice To the eleventh wee know none of his Majesties good Subjects who are now deterred or threatned nor do we allow that any should bee troubled otherwayes then by order of law and if any feare themselves there is an
Predecessours 1589. doe most humbly supplicate your Grace his Majesties Commissioner and the Lords of his Majesties most honourable Privy Councell To enjoyne by act of Councell that this Confession and Covenant which as a testimony of our fidelitie to God and loyaltie to our King wee have subscribed Be subscribed by all his Majesties subjects of what rank and quality soever The act of Councell containing the answer of the Supplication abovewritten at Edinburgh August 30. 1639. THE which day in presence of the Lord Commissioner and Lords of Privy Councell compeered personally John Earle of Rothes James Earle of Montrose John Lord Lowdoun Sir George Stirling of Keir Knight Sir William Dowglas of Caveris Knight Sir Henry Wood of Bonitown Knight John Smyth Burgesse of Edinburgh Master Robert Barclay Provest of Irwing Master Alexander Hendersoun Minister at Edinburgh and Master Archibald Johnstoun Clerke to the Generall Assembly and in name of the present sitting Generall Assembly gave in to the Lord Commissioner and Lords of Privy Councell the petition above-written Wee the Generall assembly considering with all humble c. which being heard read considered by the saids Lords they have ordained ordain the same to be insert registrat in the books of privy Councell and according to the desire thereof ordaine the said Confession and Covenant to be subscribed in time coming by all his Majesties Subjects of this Kingdome of what rank and qualitie soever The same day his Majesties Commissioner after his entry in the assembly delivered himself by word to this meaning We have received the supplication of the Assembly desiring that the Covenant may receive the force of an act of Councel to be subscribed by all his Majesties subjects We have found the desire so fair and reasonable that wee conceived our selves bound in duety to grant the same thereupon have made an act of Councell to that effect There rests now the act of assembly concerning which I am so fully satisfied my self that I come now as his Majesties Commissioner to consent fully unto it and am most willing that it be enacted here in this Assembly to oblidge all his Majesties subjects to subscribe the said Covenant with the assemblies explanation And because there is a third thing also desired my subscription as the Kings Commissioner unto the Covenant this I must do with a declaration in writ As a subject I will subscribe as strictly as any other man with the assemblies declaration but as his Majesties Commissioner I must prefixe to my subscription the declaration following of which no Scottish subject shal have the benefit no not my selfe as Earle of Traquair The declaration of his Majesties Commissioner concerning the subscribing of the Covenant SEing this Assembly according to the laudable forme custome heretofore keeped in the like cases hath in a humble and dutifull way supplicat to us his Majesties Commissioner the Lords of his Majesties most honorable privy Councell that the Covenant with the explanation of the assembly might be subscribed to that effect that all the subjects of this Kingdome by act of Councell bee required to doe the same And that therein for vindicating themselves from all suspitions of disloyaltie or derogating from the greatnes and authority of our dread Soveraigne have therwith added a clause whereby this Covenant is declared one in substance with that which was subscribed by his Majesties Father of blessed memory 1580.1581.1590 and often since renewed Therfore I as his Majesties Commissioner for the full satisfaction of the subject and for settling a perfect peace in Church and Kingdome doe according to my foresaid declaration and subscription subjoyned to the act of this assembly of the date the 17. of this instant Allow and consent that the Covenant be subscribed throughout all this Kingdome In witnes whereof I have subscribed the premisses The Lord Commissioner his Declaration concerning the act of the assembly August 17. I John Earle of Traquair his Majesties Commissioner in this present assembly do in his Majesties name declare that not withstanding of his Majesties owne inclination and many other grave and weightie considerations Yet such is his Majesties incomparable goodnes that for settling the present distractions and giving full satisfaction to the Subjects he doeth allow Likeas I his Majesties Commissioner doe consent to the foresaid act and have subscribed the premisses The Lord Commissioner his declaration concerning practises outwith the Kingdome contrary to the premisses IT is alwayes hereby declared by me his Majesties Commissioner that the practise of the premisses prohibited within this Kirk and Kingdome outwith the Kingdome of Scotland shal neither bind nor inferre censure against the practises outwith the Kingdome This last declaration was not approven by the assembly and therefore was insert in the Register onely recitative as was then declared when his Majesties Commissioner required that it might be put upon record The act of the assembly or daining by Ecclesiasticall authority the Covenant to be subscribed THE assembly considering the great happinesse which may flow from a full and perfect union of this Kirk and Kingdome by joyning of all in one and the same Covenant with God with the Kings Majesty and amongst our selves Having by our great oath declared the uprightnesse and loyaltie of our intentions in all our proceedings and having withall supplicated his Majesties high Commissioner and the Lords of his Majesties honourable Privy Councell to enjoyne by Act of Councell all the Lieges in time coming to subscribe the Confession of Faith and Covenant which as a testimony of our fidelity to God and loyaltie to our King We have subscribed And seeing his Majesties high Commissioner and the Lords of his Majesties honourable Privy Councell have granted the desire of our Supplication Ordaining by civill authority all his Majesties Lieges in time coming to subscribe the said Covenant that our union may be the more full and perfect Wee by our act and constitution Ecclesiasticall doe approve the foresaid Covenant in all the heads and clauses thereof And ordaines of new under all Ecclesiastick censure That all Masters of Universities Colledges and Schooles All Schollers at the passing of their degrees All persons suspect of Papistrie or any other errour And finally all the members of this Kirk and Kingdome Subscribe the same with these words prefixed to their subscription The article of this Covenant which was at the first subscription referred to the determination of the Generall Assembly being determined And thereby the Five Articles of Perth The government of the Kirk by Bishops The civill places and power of Kirkmen upon the reasons and grounds contained in the acts of the Generall Assembly declared to be unlawfull within this Kirk Wee subscribe according to the determination foresaid And ordaine the Covenant with this Declaration to be insert in the Registers of the Assembly of this Kirk General Provincial Presbyteriall ad perpetuam rei memoriam And in all humility supplicates his
to his Majesty All this was done immediatly after the confession of faith was subscribed by his Majesty and his houshold in January and was commanded to bee subscribed by the Subjects in March so that there can be no question about the intention and meaning of King Councell and Assembly in the point of the discipline of the Church mentioned in the confession of faith Yet One thing is mainly objected to prove that his Majestie and his councell did not intend the abjuration of Episcopacie In the yeere 1571. there was a solemne agreement between the Commissioners of his Majesties Councell and the Commissioners of the Generall Assembly that during the Kings minoritie or without a contrary order from Parliament there should be Archbishops and Bishops Deans Chapters Abbots and Priors their office and forme of election the oath taken by them at their admission the restitution to their Temporalities were all particularly agreed upon This agreement in the yeare 1571 was in precise tearmes confirmed by his Majesty and Councell in the yeere 1581. when the Covenant was commanded to bee sworne by the Subject and therefore it cannot be conceived that his Majesty and Councell did in the same yeere give order to abjure Episcopacie wherein they took such speciall care to confirme it Ans For answering this objection we are to consider first that in the yeere 1571 January 12. there was indeed a convention of Superintendents Ministers and other Commissioners for consulting about the governement of the church but that convention was not a Generall Assembly of the Church for the Register calls it onely a Convention and not an Assembly the ordinary Assembly was holden at Saint Andrewes in the same yeere 1571 March 6. according to the appointment of the Generall Assembly the yeere before This convention was procured by the Court for worldly ends especially that titles of Bishops Abbots and Priors which were not proper in the persons of Noblemen might be given to Kirk-men or Ministers with some small portion of the benefice that the noble men themselves might reape the benefite of the Rent which was the cause of the Scottish name of Tulchan Bishops at that time a name not improper for them a Tulchan in our language being the skin of a calfe stuffed with straw and set up beside the Kow to make her give milk to the owner 2. Although that convention at Leith was not a Generâ—ll Assembly yet did it not appoint those Bishops by it selfe but gave power to seven of the number or any foure of them to conferre with the Regent some of the Lords of secret Councell who did agree upon the office of Archbishops and Bishops Deanes and Chapters within the bounds of Dioceses c. which was of lesse authority in a matter of so high importance then if it had been their own doing 3. The articles and conclusions agreed upon by the Commissioners of his Majesties Councell and that convention were not approven in the next ordinary Generall Assembly holden at Saint Andrewes March 6. 1571. the Generall Assembly at Perth 1572. was not only offended with the names of Archbishops Deanes Archdeacons Chancellours c. as sounding to Popery but also declared that they did not approve that order of Church governement but did tolerat the same allanerly till a more perfect should be obtained for which they laboured afterward at all occasions So that the conclusions of that meeting at Leith 1571. never had the authority of this Church but were disclaimed by it During the time of this toleration many complaints were made in the Assemblies against Bishops and in the yeere 1573. and afterward some were appointed by the Assemblies to conferre with the Regent and Lords of secret Councell upon the jurisdiction and policie to bee continued and established in the Church till at last after many disputations and much reasoning the matter was brought to a finall conclusion the office of Bishops was abolished and Presbyteriall governement established Next concerning the act of Councell in the yeere 1580. confirming the agreement at Leith we answere 1. That the Councell lawfully could not confirme that agreement introduce Episcopacie or change the governement of the Kirk contrary to the acts of so many Generall Assemblies keeped from the yeere 1571 to 1580. wherein the policie and governement of the Church was so expressely set downe 2. The act of Councell was never published nor made known to the subject nor heard of in this cause till this time wherein no other thing can be alledged for salving of Episcopacie from abjuration 3. This act of Councell was posterior to the command for subscribing the confession of faith for the act was made in October 1581. and the commandement came forth in March many moneths before 4. No such intention was professed when the charge was given for subscription neither could the confession of faith in any sense beare the conclusions of that agreement these offices and the forme of their election being damned as Popish in the Assembly before no man will marvell much at such an act of Councell who knoweth what other acts passed that yeere in Councell and who is not a stranger in the history of that time the perusall and knowledge whereof will both shew how suddenly Covenants have been broken and will easily give satisfaction against all mistakings of this kind to so many as desire to know the trueth AGainst this our abjuration of Episcopacie first and last our adversaries arise with great hate strength and fight with tooth and naile for upon the one hand Episcopacie must be asserted by no other then by divine right and Hierarchie maintained not only as tollerable and lawfull but as necessary and divine Although before this time neither our own Doctors and Prelats nor the English have been so peremptory bold about this point for while some of them have maintained Episcopacie by divine authority yet others have been more ingenuous confessing it only to be grounded upon ancient custome and therefore to be an humane invention or Ecclesiastick tradition And a third sort different from both will have it to be Apostolick Again some of them make the forme of Kirk government to be universall and perpetuall and others hold it to be locall and conformable to the civill policy Thus have they been divided one of them from another But in this exigence and point of time one must undertake for all to cry up Episcopacie as coming from Heaven not from the earth even as it hath the altitude of fixed superiority the latitude of spirituall jurisdiction And why because we have abjured it and our Assemblies have found it unlawfull in this Kirk this was their modesty of expression desiring more to reforme at home then to be busie abroad for which they find no more courtesie nor lesse acerbity of spirit then if they had given out a generall sentence concerning the government of the Kirk It is not for us nor for this naked relation
Religion our recourse must be onely to the GOD of Jacob for our refuge who is Lord of Lords and King of Kings and by whom Kings doe reigne and Princes decree Justice And if in speaking thus out of zeale to Religion and the dutie we owe to our Countrey and that charge which is laid upon us any thing hath escaped us sith it is spoken from the sinceritie of our hearts wee fall down at your Majesties feet humbly craving pardon for our freedome Having thus with your Majesties permission cleared the loyaltie of your Subjects That wee may next shew the reason of their demands and equitie of their proceedings in Parliament We doe first crave that if our answers cannot give plenarie satisfaction to the objections and exceptions that shall bee made against their proceedings That our not knowing of these objections albeit wee did often require your Majesties Commissioner to shew the same that we might be the more able to give your Majestie content yet being still concealed from us and the Records and Registers of Parliament being kept up from us may serve much for our excuse and if any of the propositions or articles sought or craved in Parliament shall seem harsh at the first view to these who know not our laws That we do expect from them the judgment of charitie who ought rather nor passe rash censure on us to professe ignorantiam juris facti alieni and that they would distinguish betwixt the desires and actions of a Parliament who being conveened by royal authority and honoured with your Majesty or your Commissioners presence are makers of Laws and against whom there is no law and the actions of privat persons against whom laws are made And as the desires of the Subjects are no other in the matter but what they did humbly crave in their former petitions and are necessar for establishing of Religion and the good and peace of the Kingdome which can never repugne to the Kings honour and are agreeable to the articles of pacification so in manner they are agreeable to the Lawes and practises of that Kingdome And to condiscend more specially all the articles given in are either such as concern privat subjects such as are for manufactories trade of Merchants others of that kind which doe not so much concern your Majestie or the publick as the interest of privat men which are but minima de minimis non curat lex Or they are publick acts which do concerne Religion and liberties of the Kirk and Kingdome as the ratifying the conclusions of the Assembly the act of constitution of Parliament the act of rescission the act against poperie and others of that kinde wherein because the Parliament knew that the eyes of the world were upon them that hard constructions have beene made of their proceedings and that malice is prompted for her obloquies and waiteth on with open mouth to snatch at the smallest shadow of disrespect to your Majestie That our proceedings may bee made odious to such as know them not wee have endeavoured to walk with that tendernesse which becometh duetifull Subjects who are desirous to limite themselves according to reason and the rule of Law For better understanding whereof we must distinguish betwixt regnum constituendum and regnum constitutum a Kingdome before it be settled and a Kingdome which is established by Laws wherein as good subjects esteeme it their greatest glorie to maintaine the honour and lawfull authoritie of their King so good Kings as your Majesties father of ever blessed memorie affirmes holding that maxime That salus populi est supremalex will be content to governe their Subjects according to the Law of God and fundamentall laws of their Kingdome Next we must distinguish betwixt the Kirk and State betwixt the Ecclesiastick and civil power both which are materially one yet formallie they are contradistinct in power in jurisdiction in laws in bodies in ends in offices and officers and albeit the Kirk and Ecclesiastick Assemblies thereof bee formally different and contradistinct from the Parliament and civill Judicatories yet there is so strict and necessary a conjunction betwixt the Ecclesiastick and civill jurisdiction betwixt Religion and Justice as the one cannot firmely subsist and bee preserved without the other And therefore like Hypocrites twinnes they must stand and fall live and die together which made us in all our petitions to your Majestie who is custos utriusque tabulae to crave that as matters Ecclesiastick may be determined by the generall and other Assemblies of the Kirk and matters civill by Parliament So specially to crave that the sanction of civill law should be added to the Ecclesiastick conclusions and constitutions of the Kirk and her Assemblies lest there should be any repugnance betwixt the Ecclesiastick and Civill laws which your Majestie did graciously condescend unto And your Majesties Commissioner representing your Majesties royall person and power in the generall Assembly wherein all the Congregations and Parishes of Scotland are represented after particular inquirie anent the true and reall causes of the evils which do so much trouble the peace of that Kirk and Kingdome Having found that the government of the Kirk by Bishops and Civil places and power of Kirk-men amongst other novations brought in that Kirk were two main causes of these evils And having consented that Episcopacie bee removed out of the Kirk of Scotland and that the Kirk be removed off the state And declared all civill places and power of Kirk-men to be unlawfull in that Kingdome And having ratified the Covenant ordaining all the Subjects to subscribe the same with the generall Assemblies explanation in that sense and being oblidged to ratifie the conclusions of the Assembly in Parliament It doth necessarly follow that Bishops who usurped to be the Kirk and did in name of the Kirk represent the third estate and Abbots Priors and all others who did represent the Kirk to bee taken away which also by necessar consequence doth infer that there bee an act of constitution of the Parliament without them and an act for repealing the former laws whereby the Kirk was declared the third estate and Bishops did represent the Kirk both which the Kirk hath now renounced and condemned So that unlesse the act of constitution of the Parliament and act rescissorie passe it is impossible either to have a valide Parliament or to ratifie the conclusions of the Assemblie which your Majestie hath graciously condiscended to performe and which your Subjects are oblidged to maintain neither doth the passing of these acts wrong the Kirk nor State nor diminish your Majesties princely power and royall authoritie not the Kirk because she hath renunced and condemned that civill power and worldly pompe conferred upon her in time of Poperie esteeming the same not to bee a priviledge but a detriment incompatible with her spirituall nature and as being repugnant to the doctrine and discipline of that Kirk volenti non fit injuria nor is the
and gracious Declarations And that it is impossible without passing the rescissorie act and act of constitution to have a valide Parliament to ratifie the conclusions of the Assembly is manifest Seeing by the former constitution of the Parliament no act of Parliament can passe without the consent of the three Estates of which the Kirk was the third As is to bee seen by the act of Parliament 1609. And any act for ratifying the conclusions of the assembly or for any other cause whatsoever which can be past in this Parliament till the Parliament be lawfully constitute without prelates or any other representing the Kirk cannot be valid but may be quarrelled and annulled upon that formall and fundamentall ground of the former constitution of Parliament which stands established by the acts of Parliament 1584.1587.1597 and 1606. By all which it is clear that the Parliament was constitute of the three Estates whereof the Kirk is one that no act of Parliament could be made but by the special advice consent of the three estates that the Prelats voting in parliament and representing of the third Estate was a priviledge granted to the Kirk and that they as her office-bearers had onely vote in name of the Kirk may be clearly seen by the 231. act Par. 15.1597 K. Ja. 6. Where the Kings Majestie and his Highnesse Estates restores Ministers provyded to Prelacies to have vote in Parliament and that upon this reason as having speciall consideration of the great priviledges and immunities granted by his predecessours to the holy Kirk within this Realme and to the speciall persons exercing the office dignitie and title of prelats within the same which have represented one of the Estates And that the saids prelats have been from time to time conserved in the same integritie wherein they were at any time before So that his Majestie out of his singular affection to the advancement of Religion declares this Kirk to be a true and holy Kirk and that the Ministers and pastors within the said Kirk provided to the office place title and dignitie of a Bishop or prelat shall at all time hereafter have vote in parliament suchlike and as freely as any other Ecclesiastick prelat had at any time bygone And that all Bishopricks shall be disponed to actuall preachers which proves that in time of poperie and ever untill that time 1597. this priviledge of vote in Parliament was granted to the Kirk and only to the speciall persons who by vertue of their office did represent the Kirk which is also clear from the act of annexation 1587. whereby all the Temporalities of benefices were annexed to the Crowne notwithstanding whereof they did vote still in Parliament in name of the Kirk having no Temporalities at all till the Parliament in the yeare 1606 Wherein it is clear in the act of restitution of the estate of Bishops And also in the 6. act of the Parliament 1609 That vote in Parliament is given to prelats as one of the priviledges and liberties granted to the Kirk whom they did represent and did ever sit pro Clero upon his Majesties right hand and voyce in name of the Kirk But seeing in the late Generall Assembly holden at Edinburgh after particular inquyrie anent the true and reall causes of the evils which did so much trouble the peace of that Kirk and Kingdome It is found that the government of the Kirk by Bishops and civill places and power of Kirk-men especially their voting in Parliament amongst other novations brought in that Kirk were two mayne causes of these evills And that the Generall Assembly with consent of your Majesties Commissioner representing your royall power and person hath removed Episcopacie our of the Kirk of Scotland and declared all civill places and power of Kirk-men to be unlawfull in that Kingdome as contrary to the Confession of faith and constitutions of that Kirk and hath ratified the Covenant ordaining all the subjects to subscryve the same with the generall assemblies explanation in that sense And your Majestie being obliged to ratifie the conclusions of the assemblie in Parliament It doth necessarily follow that Bishops who usurped to bee the Kirk and did in name of the Kirk represent the third Estate be taken away which also by necessar consequence doth inferre that there be an act of constitution of the Parliament without them and an act for repealing the former Laws wherby the Kirk was declared the third Estate and Bishops did represent the Kirk Both which the Kirk hath now renounced and condemned as a detriment and prejudice incompatible with her spirituall nature Neither doth the passing of these acts wrong the Kirk nor State nor diminish your Majesties Princely power as was demonstrat by that which was spoken to your Majestie the 3. of March and which we did thereafter present to your Majestie in writ which for brevitie wee absteine to repeat And if your Majesties Commissioner deny that he did consent to the act of assembly August 17 whereby Episcopacie and the civill places and power of Kirk-men and in speciall their voting in Parliament was declared to be unlawfull as being contrare to the Confession of faith and constitutions of that Kirk and that he did approve that all the subjects should subscryve the Confession of faith with the generall assemblies explanation we offer to prove the same by the very acts of the assembly and records thereof bearing his assent first verbally and there after given in by writ The trueth whereof wee are able also to verifie and make good by witnesses of all ranks of persons who were present at the assembly And so soone as these Declarations which the Commissioner caused registrate in the bookes of Councell as being emitted by him in the generall assembly were required to be insert in the records of assembly which was eight dayes at least after the rising of the assembly The Commissioners of the Kirk discharged the Clerk to insert the same as not being emitted in the assembly and as contrarie to the acts thereof and true declarations made by the Commissioner in the generall assembly which are registrate in the bookes thereof and doeth beare his consent for which he got publick thanks The reason of that article craving every Commissioner of the Shyres to have a sever all voyce appeares in the very proposition it self For that any who by the lawes of the Kingdome and by their commissions comes authorized as Commissioners to heare treat and determine in Parliament and yet not to have a decisive voice in Parliament seemes to be repugnans in adjecto and that by the ancient practise the whole Barons and Free-holders within that Kingdome had vote in Parliament may be seen in the old records of Parliament as in the reigne of K. Ja. 1. in his 6. and 7. Parl. K. Ja. 2. in the old acts fol. 26.33 36. K. Ja. 3. in the 112. act Parl. 14. Item Parl. 1487. 15. October The Parliament being continued