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
Januarie 28. 1580. and signed by Our Royall Father to bee renewed And to that effect have given Order to Our Commissioner with advice of Our Councell to set downe and settle some solid course whereby the same may be subscribed by Our Councell Judges Magistrates of Burroughes and all other Our people of that Kingdome And for further clearing of Our selfe Wee declare That as We are and ever have beene satisfied in Our judgement and conscience for the reformed Religion now established and against the Roman so Wee purpose by Gods grace both to live and die in the practice thereof and to preserve and maintaine the same in full strength and integritie according to the Lawes of that Our ancient Kingdome What We have thought further fitting to be done at this time concerning the particulars contayned in Our subjects petitions you shall receive Our full pleasure therein from Our Commissioner And that this Our Declaration concerning Our selfe and Our pious intention for settling the Reformed Religion within that Our Kingdome may appeare to posteritie Our pleasure is that these presents be registred in the Books of Councell Oatlands Septem 9. 1638. THis Our Letter being received by Our Councel with all submissive joyfull and thankfull acknowledgment Our Commissioner made them further acquainted with the particulars of Our grace and favour for the appeasing of the troubles of that Our kingdome who upon hearing of the same were filled with excessive joy as making full account that now malice it selfe could not finde the least pretence of keeping Our people from being satisfied all things which ever yet since the beginning of these troubles they had desired being granted unto them But so soone as some of Our Councellours who were not onely Covenanters in their heart but the very heart of their Covenant had made some of the chiefe covenanting Lords acquainted with the unexpected excesse of Our favours towards Our people these Lords making full accompt that their reigne was upon the point of expiration if the people should understand Our grace and favour bestirred themselves with might and main to disperse rumours amongst them That the newes brought home by Our Commissioner importing Our answer did tend to the utter subversion of their Religion and liberties That there was a new Covenant to be set on foot by Us to destroy theirs and that if they now did not resist all they had done was quite undone and lost After which the principall of them came downe first to Our Commissioner and then to Our Councell requesting them or indeed rather requiring them that they would not subscribe the Confession of faith nor require it to be subscribed by others by any authoritie from Us threatning in a manner that if they did they would repent it and that a present rupture would follow Our Commissioner and Councell heard them twice fully but found not the least ground of reason for the delay of the declaration of Our grace and favour towards Our people as seeing it proceeded onely from an earnest desire in these Lords to have it concealed from them and therefore resolved and imparted unto the Lords covenanters their resolution that they would publish it that day being Saturday The Lords covenanters did then seeme to abate something of their requests or rather demands and desired Our Commissioner and Councell to delay the publishing of Our Declaration onely untill the Munday following before which time if they could not shew good reasons for the stopping of it they would be content with the publication thereof Which motion of theirs wanted not seconding from some of Our Councell there present who were indeed the first and chiefest of them But Our Commissioner and Councellours well and wisely foreseeing that this delay was desired first that these Lords Covenanters might have time to pen and prepare a Protestation against this Our gracious Declaration with the contents whereof some of Our Councellors heartie Covenanters had made them acquainted which Protestation could not be provided nor penned in the space of so few houres secondly that the Lords covenanters made no question but that the next day being Sunday their Ministers in all the Pulpits of Edinburgh by their subornation should so conjure up the spirits of Our people against Our gracious Declaration as they should not be easily and readily laid againe Thirdly that they might have time to dispatch messengers Poasts abroad with copies of their Protestation in all Burroughs where Our Declaration was to be published before or as soone as Our Declaration could be sent to those places for these important considerations Our Commissioner and Councell did declare unto these Lords after full hearing of them that considering the invaliditie of their reasons to the contrarie Our gracious Declaration should be published that day at the Crosse of Edinburgh And so accordingly Our Declaration that day was proclaimed as here it followeth CHarles by the grace of God King of Scotland England France and Ireland defender of the faith To Our Lovits Messengers Our Sheriffes in that part conjunctly and severally specially constitute greeting Forsomuch as the cause and occasion of all the distractions which have happened of late both in Church and Common-weale of this Our Kingdome have proceeded from the conceived feares of innovation of Religion and Lawes To free all Our good subjects of the least suspition of any intention in Us to innovate any thing either in Religion or Lawes and to satisfie not onely their desires but even their doubts We have discharged and by these presents do discharge the Service Booke Booke of Canons and High Commission and the practice of them or any of them and by these presents annulls and rescinds all acts of Councell Proclamations and other acts and deeds whatsoever that have been made or published for establishing them or any of them and declares the same to be null and to have no force nor effect in time comming And being informed that the urging of the practice of the five articles of Perth Assembly hath bred great distraction and division in the Church and State We have beene graciously pleased to take the same into Our consideration and for the quiet and peace of Church and State doe not onely dispense with the practice of the saids Articles but also discharge like as by these presents We discharge all and whatsoever persons from urging the practice thereof upon either Laicke or Ecclesiasticall person whatsoever And We do hereby free all Our subjects from all censure and paine whether ecclesiasticall or secular for not urging practising or obeying the same notwithstanding of any thing contained in the acts of Parliament or generall Assembly to the contrary And because it hath beene to the disgrace of government disperst and surmized throughout this Our kingdome that some of Our subjects have exercised such illimited and unwarranted power and have held themselves eximed from censure and punishment to which others Our subjects are lyable We doe by these presents declare that
this to be any hinderance of the indiction of a Generall Assemblie but rather a powerfull and principall motive with speed to conveene the same as the proper Judicatorie wherein to determine such dangerous and universall differences of the Church Neither do wee heare that any Ministers are deposed but onely suspended during this Interim till a Generall Assemblie for their erroneous doctrine and flagitious life So that it were most offensive to God disgracefull to Religion and scandalous to the people to restore them to their places till they be tried and censured And concerning Moderators none of them as we understand are deposed but some onely changed which is verie ordinarie in this Church The fourth concerning the repairing of Parishioners to their owne Church and that Elders assist the Ministers in the discipline of the Church ought to be cognosced and judged by the particular Presbyteries to which the Parishioners and Elders are subject since the cause may bee in the Ministers no lesse then in the Parishioners and Elders And in case they finde no redresse there to assent till they come to a Generall Assemblie the want whereof maketh disorders to bee multiplied both in Presbyteries and particular Parishes To the sixth That ministers wait upon their owne Churches and that none of them come to the Assemblie or place where the same is kept but such as shall bee chosen Commissioners from Presbyteries we answer That none are to come to the place of the Assemblie but such as are either allowed by Commission to have voice or otherwise have such interesse as they can justifie to his Majesties Commissioner and the Assemblie conveened To the seventh Concerning the appointing of Moderators of Presbyteries to bee Commissioners to the Generall Assemblie onely constant Moderators who have ceased long since were found in the Assemblie 1606. which yet was never reputed by the Church to be a lawfull nationall Assemblie to be necessarie members of the Generall Assemblie And if both the Moderators who if they be necessarie members need not to bee chosen and the chosen Commissioners repaire to the Assemblie the Assemblie it selfe can judge best of the members whereof it ought to consist To the ninth That no lay-person whatsoever meddle with the choosing of Commissioners from the Presbyteries and no Minister without his owne Presbyterie we say That according to the order of our Church discipline none but Ministers and Elders of Churches ought to have voice in choosing Commissioners from Presbyteries and that no Minister or Elder should have voice in Election but in his owne Presbyterie The rest of the particulars are concerning civill matters As the fifth concerning the paying of Rents and Stipends to Ministers and Bishops concerning which we can say no further but that the lawes are patent for them as for his Majesties other subjects and that the General Assemblie ought not to be delaied upon any complaint in that kinde The eighth requiring that Bishops and Ministers be secured in their persons we think so reasonable that wee will promise everie one of us for our own parts they shall suffer no violence from us and that we shall hinder others so farre as wee may And if any trouble them otherwise or make them any kinde of molestation in that attendance but by order of Law the parties are justly punishable according to the degree of their fault as other subjects are To the tenth concerning the dissolving of all Convocations and meetings and the peaceablenesse of the Countrie These meetings being kept for no other end but for consulting about lawfull remedies against such pressing grievances as threaten the desolation of this Church and State cannot be dissolved till the evils be removed And we trust that nothing in these our meetings hath escaped us which carrieth in it the smallest appearance of undutifulnesse or which may seeme to tend to the breach of the common peace But although our adversaries have herein calumniated us yet we have alwayes so behaved our selves as beseemed his Majesties most humble and loyall subjects petitioning his Majestie for a legall redresse of our just grievances To the last concerning the Covenant the Commissioner his Grace having many times and most instantly pressed us with that point we did first by invincible arguments make manifest that wee could not without sinning against God and our owne consciences and without doing wrong to this Nationall Church and all posteritie rescind or alter the same And thereafter did at large cleare the same of all unlawfull combination against Authoritie by our last Supplication and Declaration which his Majesties Commissioner accepted as the most readie and powerfull of all other meanes which could come within the compasse of our thought to give his Majestie satisfaction The subscription of this our confession of Faith and Covenant being an act so evidently tending to the glorie of God the Kings honour and happinesse of the Kingdome And having alreadie proved so comfortable to us in the inward of our hearts It is our ardent and constant desire and readie wish that both his Majestie and all his good subjects may be partakers of the same comfort Like as we finde our selves bound by conscience and by the Covenant it selfe to perswade all his Majesties good subjects to joyne with us for the good of Religion his Majestes honour and the quietnesse of the Kingdome which being modestly used by us without pressing or threatning of the meanest we hope shall never give his Majestie the least cause of discontent Seeing therefore according to our power and interesse wee are most willing to remove all hinderances that things may bee carried in a peaceable manner worthy our Profession and Covenant doe aime at nothing but the good of the Kingdome and preservation of the Church which by consumption or combustion is like to be desperately diseased except remedy some way bee speedily provided And wee delight to use no other meanes but such as are legall and have beene ordinarie in this Church since the Reformation Wee are confident that without further delay for preventing of greater evils and miseries then wee can expresse our just desires shall be granted So shall we be encouraged in the peace of our souls still to pray for his Majestie all encrease of true honour and happinesse UPon their refusall he sent for some of the chiefe Lords Covenanters and told them of his resolution for a new journey that he found their wayes such as he could not goe along with them that he had power to grant them a free Generall Assembly but that he could not conceive that to be a free one in which they should bring in everie man to have a voice whom they had a minde to If they would let him know what manner of persons should sit there and what they intended to doe there he would give his best concurrence if he found their intentions to be agreeable to the lawes and customes of that Church and
would expect his returne and Our answer by that time he would doe both These holy men resolve to expect that time before any election shall be actually made but give order that it shall be made the next day after before it could be knowne in most parts of the kingdome whether he were returned or in any part of the kingdome or by any person of the kingdome what answer he had returned from Us The insinceritie of which proceedings condemned by many Covenanting Ministers at their meeting at Edinburgh for a most desperate equivocation We are confident every man will detest especially in those men who boast themselves to be the onely sincere Professours of these times Besides Our Commissioner found that these men who would not so much as hear him speak of any precedent conference of any thing concerning the Assembly nor of any directions to be agreed upon for the more orderly proceeding in it but cried out against them as unsufferable prelimitations and prejudgings of the liberties of Christ and his Church had in the time of his absence at their Tables agreeed upon certaine directions comprehended in eight Articles which they had dispersed through the whole kingdome and commanded to be observed by the severall Presbyteries thereof in their elections the true copie whereof here followeth A direction for Presbyteries THat every Presbyterie have a copie of the Act made at Dundie the seventh of March 1597. concerning the number of Commissioners the tenour whereof followeth Because there hath beene no order hitherto anent the number of Commissioners to be directed from everie Presbyterie to the Generall Assemblie therefore it is statuted and ordained that in all time comming three of the wisest and gravest of the Brethren shall be directed from everie Presbyterie at the most as Commissioners to everie Assemblie and that none presume to come without Commission And likewise that one bee directed from everie Presbyterie in name of the Barons and one out of everie Burgh except Edinburgh which shall have power to direct two Commissioners to the Generall Assemblie That everie Presbyterie have a copie of the Commission to be given to the Commissioners the tenour thereof followes T.T. the day of The which day after calling upon the name of God We the members of the Presbyterie of having diligently considered the manifold corruptions innovations and disorders disturbing our peace and tending to the overthrow of our Religion and Liberties of the reformed Church within this Realme which hath come to passe especially through the want of the necessarie remedie of Generall Assemblies as well ordinarie as pro re nata injoyed by this Church for many yeares and ratified by Act of Parliament And now expecting shortly by the mercie of God the benefit of a free Generall Assemblie do by these presents nominate and appoint Minister of as also in name of the Burrowes conjunctly and severally our lawfull Commissioners giving and granting unto them our full power Commission and expresse charge to repaire to the said Assemblie at the day and place when and where it shall happen to sit in any safe and commodious place within this Kingdome and there with the rest who shall be authorised with lawfull Commission in our name to propone treat reason vote and conclude according to the word of God and confession of faith approved by sundrie Generall Assemblies and received throughout the whole Kingdome in all Ecclesiasticall matters competent to a free Generall Assemblie and tending to the advancement of the Kingdome of Christ and the good of Religion as they will answer to God and his Church thereupon and to report to us their diligence therein In testification of this our Commission and charge we have subscribed these presents with our hands and which they have accepted with the lifting up of their hands That everie Church Session send one of the most qualified Elders unto the Presbyterie the day of chusing Commissioners to the Generall Assemblie That by common consent of the Ministers and those Elders present in the Presbyterie there may bee chosen both the Commissioners for the Ministers and also some well affected and qualified Nobleman or speciall Gentleman being an Elder of some particular Church Session within that Presbyterie in name of the Barons For this is the constitution of the Presbyteries otherwise called Elderships appointed by the Church in the books of discipline Acts of the Generall Assemblie practised for many yeares after the reformation and ratified in the Parliament the twelfth of King James the 6. and never since altered nor rescinded neither can be with reason altered seeing that same is the constitution of the supreme and Generall Assemblies and of the inferiour and Church Sessions as is at more length cleared by some reasons That such as are erroneous in doctrine or scandalous in life be presently processed that they be not chosen Commissioners and if they shall happen to be chosen by the greater part that all the best affected both Ministers and Elders protest and come to the Assemblie to testifie the same To send to everie Presbyterie a copie of the printed reasons for an Assemblie That Moderators by vertue of their office bee not Commissioners to the Assemblie except they be chosen That the Presbyteries in one of the ordinarie meetings appoint to conveene solemnely after the twentieth of September either upon the 21.22.23.24 or 25. for chusing of their Commissioners to the Assemblie and for to send them hither to Edinburgh before the first of October or so soone as they can that with common consent they may receive the Kings last answer and advise upon the next lawfull remedies in their extreme necessities of Church and State That in the Fast to bee observed on the sixteenth day of September the second day preceding their election they may crave Gods direction therein TO these eight Articles they joyned by way of information a verie impertinent long and tedious discourse of Ruling Elders too long and too simple to be here inserted which was added no doubt onely to perswade the Ministers to admit Lay-men to have voyces in their Presbyteries at the election of the Ministers who were to be Commissioners for the Assemblie or in case of their refusall to perswade the Lay-men to put themselves in possession and give their voyces in these elections whether the Ministers would or no as shall appeare afterwards both by that intrusion which these Lay Elders used in many Presbyteries where the Ministers refused to admit them and by some of the Tables more private instructions by which they were ordered so to do Now We desire the Reader to consider whether the conference which Our Commissioner desired for debating of what members the Assemblie was to be constituted and the matters which were principally to be discussed there with so much bitternes exclaimed against by them could in any construction or sense be taken for such a prelimitation of the Assemblie either in the members matter or manner of it as
your Lordsh meanes for naming none I know not to whom I shall take my selfe nor doe I know what violence and threatnings you mean If you meane his Majesties Commissioners appointed by the King they requiring his subjects to subscribe the old Confession and Covenant by his authoritie now renewed and remonstrating unto them the danger they incurre by law in not obeying his Majesties commandement I hope that cannot bee called violence but duty the omission whereof must needs bee a violation of and violence offered to his Majesties sacred authority If other violences and threatnings they have used as your Lordsh seemeth to intimate for their obedience to his Majesties just authority I am sure your Lordsh will not call violence they must answer for it and shall whensoever your Lordsh shall make known the delinquents But alas my Lords Tell me now in good earnest whether you have heard they have used such violence in perswading this Covenant as hath beene used by your adherents in inforcing of yours hath the bloud of Gods servants his holy Ministers been shed which bloud I am affraid keepeth the vengeance of God still hanging over this Land have men beene beaten turned out of their livings and maintenance reviled and excommunicated in the Pulpits and a thousand more outrages acted upon them for not subscribing this Covenant have none who have subscribed your Covenant done it with blind and doubting minds If they have I beseech your Lordsh not to call his Majesties Councellours legall proceedings irreligious and unjust untill you have proved the piety and justice of the proceedings of your owne adherents For the other of your undertaking and promising for your parts that no man should be troubled till the Assembly and expecting the like from us truly I am glad I have it under your Lordsh hands for I think there are few houres of any one day since the indicting of the Assemblie that from all parts of this Kingdome I am not vexed with complaints of new processing of Ministers new with-holding of Ministers stipends unprocessed heavie complaints of Ministers of your owne Covenant that they are threatned and that sharply and bitterly for their declaring of their griefe in being barred of their freedome in the election of their owne Commissioners to the Generall Assembly and being borne down by the multitude of Lay voyces and menaced because of their protesting against the same The complaints of Ministers Non-Covenanters and Lay-Elders Non-Covenanters chosen by their Sessions to assist at the election of the Commissioners from the Presbyteries but turned backe for not having subscribed your Covenant and reviled with bitter words for being so pert as to come thither is this the performance of promising that no man shall bee troubled till the Assembly These are indeed preparations verie unfit to precede this Assembly they being so unpeaceable and like to take up much time in discussing at that great Meeting the illegality of these elections My Lord the truth is I shall be as carefull to see any wrong offered by his Majesties Commissioners in urging his Majesties authority punished when I shall know the offences and the offenders as I am heartily grieved at the proceedings of your Associats Here I am sure his Majesties Commissioners have been rather backward then forward but so have not your Lordsh adherents been for they have in verie many places proclaimed your Protestation where his Majesties Declaration hath not been proclaimed I hope your Lordsh will pardon my unusuall prolixitie for I confesse I am much troubled to see his Majesties good subjects led into such misconstructions of his pious and religious intentions towards them This my Letter I pray your Lordsh to communicate to the other Noble Lords who subscribed that to me To your selfe and them I pray your Lordsh commend the true respects of Your Lordsh. For the Earle of Cassills THis Letter it seemes gave them no satisfaction for they still continued their reports Besides they had the boldnesse by another Letter from the same Table sent likewise to Our Commissioner being then at Hammilton to expostulate with him that one of Our Ships at sea had searched a Scottish Merchants Ship for Ammunition when as they themselves before had searched a Merchants Ship for some Ammunition which We had sent for Scotland and would have seized upon it if they had not been prevented and immediately after a little English Vessell carrying Beere to some part of that Kingdome was likewise stayed and searched by them In the same Letter they quarrell with Our Commissioner for hindering the bringing of Horses from England thither which is unlawfull for any one to doe without a speciall licence from the Master of Our Horse The copie of their Letter filled with their ordinarie pretences of Religion and Our Commissioners Answer unto it be these Please your Grace AFter your parting from us we had knowledge from John Wilson Skipper and sundry of his Passengers newly arrived That being at Sea on his way from Holland hither one of his Majesties small ships of eight Peeces came aboard and searched him for Armes and Ammunition declaring they did the same by his Majesties Warrant We doe not so much value the hazzard of any prejudice as we are heartily grieved to find any such note of his Majesties displeasure differencing us from his other subjects when our own hearts and the Lord that searcheth them doth heare witnesse of our loyaltie and affection to his Majestie especially to have found it now when we are made so secure both by the hopes of obteyning from his Majesties favour by your mediation these ordinary and publike remedies that can fully settle this Church and State and by assurance from your Grace we should finde no such hard dealing during the time of your imployment amongst the subjects here who trust in your care to prevent speedily the inconvenience of this as you did in that other late particular anent the arrest of our horses in England We thinke this advertisment sufficient to your Grace who is wounded through our sides if wee suffer any thing in this time being so farre interessed to vindicate us from such prejudice who doe acknowledge our selves to be Edinb the 28. Septemb. 1638. Your Graces humble servants Rothees Montrose Home Weymse Lindesay Boyd Londone Balmerino Dalhousie Forrester Elcho Craustoune Baltarres Burghly Lothiane My Lord I Have received a Letter this day signed by your Lordsh and sundry other Noblemen making mention that one John Wilson Skipper being on his way from Holland hither was searched by one of his Majesties small ships This is no new nor unaccustomed thing for commonly the Captains of his Majesties ships during the time of being at sea doe take notice what the loadings of all such ships are as they meet with who trade in the Channell it being a prerogative that belongs to his Imperall Crown I am perswaded that your Lordsh and the rest of my Lords cannot thinke but if
his Majestie had been desirous to have made stop of importation of Ammunition into this Kingdome this time past but it would have been an easie matter for him to have effected but so little hath he regarded this as he hath not so much as taken notice of it And yet it were no strange thing if his Majestie should give direction to cause examine for what end so great store of Ammunition is imported into this Kingdome and a little more narrowly to looke into our actions when by I know not whom there hath been so much notice taken of such Ammunition as his Majestie hath thought fit to send hither For notwithstanding that your Lordsh sayes we are made secure by the hopes of obtaining from his Majestie these remedies that can fully settle this Church and State yet I may say courses are taken to put feares in his Majesties good subjects minds by perswading of them that no such thing is intended This does too too manifestly appeare by the watching and guarding his Majesties Castle and many other courses but of this I will write nothing my intention being only to returne answer of what is writ to me And therefore for your Lordsh satisfaction I shall acquaint his Majestie with the contents of your letters who will no doubt give such directions therein as his good subjects will have no just cause of complaint Whereas you have been pleased to say that you have been assured by me that you should receive no such hard dealing during the time of my imployment let mee desire you to consider this aright and you will find it none for neither was that ship stayed from proceeding in their intended voyage nor any thing taken from them nor needs your Lordsh to doubt that his Majestie will doe any thing except our owne indiscretion provoke him that may make appear to the world that he makes a difference betwixt us of this Nation and his other subjects Bee confident my Lord that my endevours have and doe tend to no other end but to the glory of God the honour of his sacred Majestie and the preserving from ruine this poore distracted Kingdome and that I have and shall labour to prevent all such accidents as may breed the least stop or hinderance of this wished event which I hope and am confident that your Lordsh. and all those noble Lords who have signed this Letter to me will take the same to heart and then certainly you will not be so easily moved with such light and sleight reports Nor will your Lordsh thinke that either you or I can bee wounded by the order and command of so pious mercifull and so clement a Prince as is our dread Soveraigne who hath showne himselfe to be so full of goodnesse as we must of all men living prove the worst if we be not thankfull to God and him for it This my letter your Lordsh will be pleased to communicate to the rest who have writ to me and esteeme of me as Hammilt 24. Sept. 1638. For the Earle of Rothees Your Lordships humble servant Hammiltoun WIth his answer they were so far from being satisfied that to answer this affront as they did interpret it for searching a Ship of that Kingdome at sea they resolved to put a greater affront upon Us by increasing their Guards about Our Castle of Edinburgh In Fyfe they gave order for a Communion throughout their Churches at which they made every one to sweare that they should not subscribe Our Confession and Covenant nor any other but their owne which they swore againe de novo especially to stand to that part of it which concerneth mutuall defence against all persons whomsoever They gave generall order for the Fast to bee kept on the fourth of November being Sunday neglecting the day designed in Our Proclamation which was the Wednesday following and the seventh of that Moneth Our Commissioner seeing these contempts daily to increase and hearing that they had appointed the Communion to bee celebrated at Edinburgh sent for the Provost and Magistrates and inquired of them these particulars First whether at their Communion which was to be celebrated the two next Sundaies following it was intended that the like oath should bee taken with them as had been taken in Fyfe Secondly whether they intended to keep the Fast-day designed by Us in Our Proclamation and according as they had lately since been required to doe by an order sent from Our Councell to them for that purpose Thirdly what order they had taken with those who had the day before reviled and abused Doctor Eliot while he was preaching in the Pulpit That he had sent for them because he had found those few Ministers by whom they were ruled to bee unreasonable men and despisers of Authoritie To the last they promised that they would make a discoverie of the offenders and see them punished which they never did For the first they thought it most unreasonable that any oath should be ministred as it was in Fyfe For the second they thought it most reasonable that Our Fast-day should be kept but before they could give a full answer they must first conferre with their Ministers at their meeting with whom they found that the Ministers had intended that barbarous oath at the Communion and not to keep Our Fast-day more then other Churches in the countrie had done yet the Magistrates did with much perswasions over-rule them in both Our Commissioner did resolve with great solemnitie attended with all Our Councell and Judges to keep that Fast in the great Church of Edinburgh on the day appointed by Us and gave notice thereof to the Magistrates who returned him thanks and assurance of welcome But understanding that they were resolved to discharge the ordinarie Ministers of that Church from preaching there that day onely because they were Non-covenanters and had appointed their places to be supplied with the two onely Covenanting Ministers of their Towne he sent for the Magistrates againe telling them That he could not come to their Church and countenance so great a disorder as the displacing of the two Preachers of that Church onely because they were faithfull subjects to Us nor durst heare these two Preachers designed by them who in their Pulpits did ordinarily inveigh against Us and Our authoritie Unlesse therefore hee might either nominate the Preachers or heare the ordinarie Preachers of that Church he must not come thither The Magistrates did what they could to perswade with their Ministers the one of them was contented with Our Commissioners desire but the other was so obstinate as he would no way hearken to it and him being so powerfull with the people the Magistrates durst not offend and so Our Commissioner with Our Councell and Judges were necessitated to keep Our Fast at another Church hard by Our Palace Now Wee desire the Reader to observe how the Heads of the Covenanters were affraid that any shew of obedience should bee yeelded unto Us by Our
confirmation of this vote as a most necessarie and substantiall point of the same which was never yet repealed by a lawfull Assemblie That the Minister should sweare upon his admission to the office of Commissionarie to subscribe and fulfill the Cautions agreed upon under the penalties expressed therein otherwise hee was not to bee admitted yet the said Master David Lyndsey sometimes Minister of Brichen now pretended Bishop of this Diocesse of Edinburgh and pretended Moderator of this Presbyterie with his foresaid Colleagues the pretended Bishops and Archbishops of this Church respectivè have taken upon them without craving or obtaining Commission from the Church as it is set downe in that Assemblie at Mountrose the office and power to vote in Parliament without swearing at his or their entrances to subscribe and fulfill those Cautions which are set down under penalties In the first Caution it was provided that he presume not to propound in Parliament in councell or convention any thing in the name of the Church without an expresse warrant or direction from the Church under the paine of deposition from his office and that hee should neither give consent unto nor keep silence from any thing amidst these meetings that might bee prejudiciall to the libertie of the Church under the said paine But the forenamed Master David Lyndsey pretended Bishop of Edinburgh with the rest of his Colleagues respectivè above named have presumed having no warrant nor direction from the Church to propound in Parliament and to consent to severall acts which have past in Parliament to the prejudice of the Church as namely To the act concerning the Restitution of the State of Bishops Anno 1606. the act concerning the chapiter of Saint Andrewes Anno 1607. To the act of Commissariots and jurisdictions given to Archbishops and Bishops Anno 1609. To the ratification of the act agreed upon in the Assemblie of Glasgow Anno 1610. with an explanation contrarie to the meaning and tenour of the said conclusions Anno 1612. To the acts concerning the Elections of Archbishops and Bishops and to the acts concerning the Restitution of chapiters Anno 1617. To the ratification of the five Articles of Perth Anno 1621. To the act concerning the apparell of Churchmen and to the ratification of the acts concerning Religion in which all the former Acts are included Ann. 1633. and to many other severall Acts of this kinde In like manner he propounded and gave consent to severall Acts of the Privie Councell for the establishing of it and of the power of the High Commission which are against the lawes and liberties of this kingdome and for ratification of severall acts and sentences given out by them and their Colleagues in that unwarrantable Judicatorie for in the same manner did he propound and consent unto the Acts made in the Privie Councell for pressing and bringing in of the Service Booke which would have trod under the frame of Gods publicke worship in this Kingdome if the Lord had not prevented it And further in the last convention of the States holden in the yeares 1625. and 1629. he did not onely keepe silence but propound and give consent to some things which were prejudiciall to the liberties of this Church and he did oppose himselfe to the just desires and grievances which were presented in name of the Church for some of her liberties and priviledges whereas it was provided that he shall be bound upon each generall Assemblie to give an account of the discharge of his Commission since the Assembly going before and shall submit himselfe to the censure of the Assembly and stand to the determinations of it without further Appeale and shall sue for and obtaine ratification of his carriage from the Assembly under the paine of infamie and excommunication but the said Master David Lindsey and his Colleagues respectivè abovenamed have never given an account of the discharge of his or their Commissions nor sought nor have obtained ratification of his or their doings from the Assembly Whereas it was provided in the third caution that he should content himselfe with that portion of the Benefice which should be assigned to him from his Majestie for his livelihood not hurting or prejudging the rest of the Ministers or any Minister whatsoever planted or to be planted within his Benefice and that this clause was to bee inserted in his provision besides when Bishops were charged in the Assembly holden in Octob. Ann. 1578. to quit the corruptions of that State there was numbred amongst the corruptions That they received for the maintaining of their ambition and riot the emoluments of the Church which might sustaine many Pastors the Schooles and the Poor but the said Master David Lindsey with his Colleagues respectivè have tooke provision for their Benefices and the foresaid clause was not inserted and he and they have prejudged Ministers Schooles and the Poor by taking and enjoying pluralitie of Benefices Whereas it was provided in the fourth caution that he should not dilapidate nor make a disposition of his Benefice without the consent of his Majestie and the generall Assembly and for the greater warrant of this That he should interdict himselfe to the generall Assembly not to dilapidate nor to give consent to the dilapidation of his Benefice made by others and that he should be contented that an Inhibition should be raised upon him to that purpose but the said Master David Lindsey with his Colleagues respectivè have set and take setled patronages Whereas in the fifth caution it is provided that he should be bound to attend his particular Congregation faithfully in all the points of a Pastour and that he shall be subject to the triall and censure of his owne Presbyterie and provinciall Assembly as another Minister that bears no Commission In like manner by divers Acts and constitutions of the generall Assemblies and Presbyteries non residents are punishable by deprivation Yet the said Master David Lindsey with his foresaid Colleagues respectivè have been non-resident from his and their charges for many yeares nor have they performed the duties of Pastours by preaching administration of the Sacraments visiting the sick c. but they have deserted their charges by the space now of many yeares neither have they in this subjected themselves to the triall of the Presbyteries and provinciall Assemblies That whereas in the sixth caution it was provided That in the administration of Discipline collation of benefices visitation and all other points of Ecclesiasticall government he shall neither usurp nor acclaim to himselfe a power or jurisdiction further over the rest of his brethren under the paine of deprivation and in case he did usurpe upon the Ecclesiasticall government if the Synodall Presbyteries or generall Assemblies did oppose or make impediment unto him whatsoever he did in that case should be ipso facto null without a declaratour yet the said Master David Lindsey with his Colleagues respectivè have usurped a jurisdiction in the administration of Discipline collation
Aberdene The Archbishop of Glasgow in Glasgow the Bishop of Murray in Elgin to give obedience to the said act which if they refused to do that the Synodall Assemblies shall appoint certaine brethren of their Presbyteries to give them publike admonitions out of their Pulpits and to warne them if they disobey to compeere before the next Generall Assemblie to be holden at Edinburgh 20. Octob. to heare the sentence of excommunication pronounced against them for their disobedience and to this act the Bishop of Dumblane that then was agreed submitting himself to be ruled by it it was also condemned by the act of Glasgow Anno 1581. which doth ratifie the former act of Dundee and ordaines the book of policie which was approved by severall Generall Assemblies to be registrated in the books of the Assemblie and enjoyned the generall confession of faith to be subscribed by all his Majesties Lieges Yet hath the said Master David Lyndsey with his foresaid Colleagues respectivè not onely incroached upon the liberties of Presbyteries and Synods but hath also took Consecration to the office of a Diocesan Bishop without the knowledge or consent of the Church and against the acts of it claiming the power of ordination and jurisdiction as due to him by that unwarrantable office Besides the said Master David Lyndsey with his foresaid colleagues respectivè have against the Lawes of the Church and Kingdome brought in the Service book the book of Canons and the High Commission Court and would have changed and overthrowne the whole frame of doctrine of Gods word the use of the Sacraments the Discipline Liberties and Priviledges of this Church and State if the Lord had not prevented them The particulars wee shall present to your wisdomes though it bee knowne to all men how hee and they have abused his Majesties authoritie against his Royall intentions and Declarations they having moved discontents betwixt the King and his subjects by scandalous lies betwixt subject and subject for which things complaints have been given in to the Councell which we hold heare to be repeated as a part of our complaint and to be tried by your wisdomes and referred to the Assemblie Besides all these faults the said Master David Lyndsey with his Colleagues respectivè in his life and conversation is slandered constantly as guiltie of excessive drinking whoring playing at Cards and Dice swearing profane speaking excessive gaming profaning of the Sabbath contempt of the publike ordinances and private familie-exercises mocking of the power of preaching prayer and spirituall conference and sincere professors besides with briberie simonie selling of Commissariots places lies perjuries dishonest dealing in civill bargaines abusing of thir vassals and of Adulterie and incest with many other offences of which we shall give the particulars in our particular accusations Whereas the Presbyterie is the ordinarie judicatorie of this Church for trying of these offences and hath the Ecclesiasticall power for cytation of the parties and offenders with the reference to their complaints to the Generall Assemblie Therefore wee most earnestly and humblie beseech your godly wisdomes as you tender the glorie of God the peace and libertie of this Church the removall of scandals and punishment of vice that you will take into your consideration and triall the foresaid many and hainous offences with the particular reservations and qualifications of them which we shall present to your wisdomes or to the Assemblie when it shall bee thought convenient and that you would either take order with it your selves and censure the offenders according to the nature of the offences with the Ecclesiasticall paines contained in the Acts and foresaid Canons of this Church and Kingdome or else make a reference of them to the Generall Assemblie to bee holden at Glasgow 21. Novemb. and that the knowledge of these should come to the Delinquents that you will be pleased to ordaine the publishing hereof to bee made by all the Brethren of the Presbyterie in their Pulpits upon the Sabbath before noone with a publike admonition to the offenders to be present at the Assemblie to answer to this complaint and to undergo the censure and triall of it and to bring with them the books and scroules of subscriptions and oaths required from those who enter into the Ministerie with the books of the High Commission Court and the books of the Generall Assemblie which they or their Clerk had or have fraudulently conveied away Together with this certification That if the said Master David Lyndsey with his foresaid colleagues respectivè do not appeare in the said Assemblie and bring with them the said books to answer to this complaint in generall and to the particular heads of it and to submit himselfe to the triall and proofe of this complaint generall and to the particular heads of it that there shall be a condigne censure of these offenders for their contempt and contumacie Here wee humblie beseech your wisdomes answer The Act of the Presbyterie of Edinburgh 24. Octob. 1638. yeares in answer to this Complaint UPon the said day we the Brethren of the Presbyterie of Edinburgh after we had received this Bill and complaint presented unto us by the Laird of Buchanan The Laird of Dury the younger The Laird of Carlourie John Smith late Bailife of Edinburgh John Hammiltoun and Richard Maxwel in name of the Noblemen Barons Burgesses and Commons subscribers of the Covenant which are not Commissioners to the Generall Assemblie against the pretended Archbishops and Bishops of this Kingdome and after wee had read and seriously considered the same wee according to the desire of the complainers did and do referre the same to the next Generall Assemblie to bee holden at Glasgow 21. November And we ordaine the publishing of this complaint and of our reference of it to the Assemblie to be fully read by all the Pastors of the Presbyterie upon the next Sabbath before noone out of their Pulpits with a publike warning and cytation to the offendants complained upon By name Master John Spotswood pretended Archbishop of Saint Andrewes Master Patrick Lyndsey pretended Archbishop of Glasgow Master Thomas Sydserfe pretended Bishop of Galloway Master David Lyndsey pretended Bishop of Edinburgh Master Alexander Lyndsey pretended Bishop of Dunkeld 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 Orknay Master John Abernethie pretended Bishop of Caithnes Master Walter Whitefoord pretended Bishop of Brichen Master James Wedderburne pretended Bishop of Dunblane Master James Fayrley pretended Bishop of Argyle Master Nail Campbel pretended Bishop of the Isles to be present at the said Assemblie to answer to this complaint in generall and to the particular heads of it to undergo the triall and censure of it and to bring with them the books and scroules of the subscriptions and oaths of them who enter into the Ministerie the books of the High Commission and the book of the Generall
proceeding which how it doth stand with his Majesties Supremacie in all causes and over all persons wee leave it to that judgement whereunto it belongeth and doe call God and man to witnesse if these be fit members of an Assembly intended for the order and peace of the Church Giving and not granting that the persons foresaid directed Commissioners in name of the Clergy to this meeting were capable of that authority and that the said Presbyteries had the authority to direct Commissioners to the generall Assembly yet have they now lost and fallen from all such right if any they had in so farre as they have deposed the Moderatours who were lawfully appointed to governe them by the Bishops in their Synods and elected others in their place contrary to the Act of the Assembly at Glasgow 1610. and Act of Parl. 1612. ordaining Bishops to be Moderatours at these meetings and in their absence the Minister whom the Bishop should appoint at the Synode So these meetings having disclaimed the authority of Bishops deposed their lawfull Moderatours and chusing others without authority cannot be esteemed lawfull convocations that can have lawfull power of sending out Commissioners with authority to judge of the affaires of this Church And yet doth the nullity of the Commissions flowing from such meetings further appeare in this that they have associate to themselves a laick ruling Elder as they call him out of every Session and Parish who being ordinarily the Lord of the Parish or a man of the greatest authority in the bounds doth over-rule in the election of the said Commissioners both by his authority and their number being moe then the Ministers whereof some being ordinarily absent and five or six or so many of them put in list and removed there remain but a few Ministers to voice to the election and in effect the Commissioners for the Clergie are chosen by lay-men contrary to all order decencie and custome observed in the Christian world no wise according to the custome of this Church which they pretend to follow the Presbyteries formerly never associating to themselves lay-elders in the election of the Commissioners to the generall Assembly but onely for their assistance in discipline and correction of manners calling for them at such occasions as they stood in need of their godly concurrence declaring otherwise their meeting not necessarie and providing expresly that they should not be equall but fewer in number then the Pastours as by Act of Assembly at Saint Andrews April 24. 1582. where Master Andrew Melvill was Moderatour doth appeare Like as these fourty yeares by gone and upwards long before the re-establishing of Bishops these lay-elders have not been called at all to Presbyteries And by the Act at Dundie 1597. whereby it is pretended that Presbyteries have authoritie to send these lay Commissioners it doth no way appeare that those lay-elders had any hand in chusing of the Ministers and this is the onely Act of the Assembly authorizing Presbyteries to chuse Commissioners to the general Assembly nor have lay elders sate ordinarily in Presbyteries upon any occasion these fourty yeares and upwards nor ever had any place nor voyce in the election of Ministers for the generall Assembly and consequently those chosen by them to this Assembly have no lawfull power nor authority Beside the persons Ecclesiasticall pretended to be authorized Commissioners to this Assemblie have so behaved themselves that justly they may be thought unworthy and uncapable of Commission to a free and lawfull Assemblie 1. For that by their seditious and railing Sermons and Pamphlets they have wounded the Kings honour and Soveraigne authoritie and animated his liedges to rebellion averring that all authoritie Soveraigne is Originally in the collective bodie derived from thence to the Prince and that not onely in case of negligence it is Suppletivè in the collective bodie as being communicate from the Commontie to the King Cumulativè not Privativè but also in case of mal-administration to returne to the collective bodie so that Rex excidit jure suo and that they may refuse obedience 2. Next they are knowne to bee such as have either beene schismatically refractorie and opposite to good order setled in the Church and State or such as having promised subscribed and sworne obedience to their Ordinarie have never made conscience of their oath or such as have sworne and accordingly practised yet contrarie to their promise and practice have resiled to the contempt of authoritie and disturbance of the Church or such as are under the Censures of the Church of Ireland for their disobedience to order or under the Censures of this Church or conveened at least deserving to bee conveened before the Ordinaries or a lawfull generall Assemblie for divers transgressions deserving deprivation As first for uttering in their Sermons rash and irreverent speeches in Pulpit against his Majesties Councell and their proceedings punishable by deprivation by the Act of Assemblie at Edinburgh May 22. 1590. Next for reproving his Majesties Lawes Statutes and Ordinances contrarie to the Act of Assembly at Perth Maii 1. 1596. Thirdly for expressing of mens names in Pulpit or describing them vively to their reproach where there was no notorious fault against another Act of the same Assemblie Fourthly for using applications in their Sermons not tending to the edification of their present Auditorie contrarie to another Act of the same Assemblie Fifthly for keeping conventions not allowed by his Majestie without his knowledge and consent contrarie to another Act of the same Assemblie Sixthly for receiving of people of other Ministers flocks to the Communion contrary to order Acts of Assemblies and Councels Seventhly for intruding themselves into other mens Pulpits without calling or authoritie Eighthly for usurping the authoritie to convent their Brethren and proceed against them to the Censures of suspension and deprivation Ninthly for pressing the people to subscribe a Covenant not allowed by authoritie and opposing and withstanding the subscribing of a Covenant offered by his Majestie and allowed by the Councell Beside many personall faults and enormities whereof many of them are guiltie which in charitie we forbeare to expresse But hereby it doth appeare how unfit these persons are to be members of a free and lawfull Assemblie Nor doth it stand with Reason Scripture or practice of the Christian Church that Lay-men should be authorized to have decisive voice in a generall Assemblie In that Act of Dundie 1597. whereby these Elders pretend to have this place there is no warrant expressed for them to deliberate and determine Their presence and assistance wee approve being allowed and authorized by the Prince The Kings Majesties presence in person or by his delegates wee hold most necessarie to see all things orderly and peaceably done and that hee have the chiefe hand in all Deliberations and Determinations Nor do we refuse that any intelligent or moderate man may make remonstrance of his opinion with the reasons of it in that way that becommeth him
traduced doth redound to the reproach of Church and State and of the Gospell whereof they are Preachers 6. Lastly to omit many other informalities against their owne consciences which wee charge in the sight of God as they must answer before his great and fearefull tribunall if they suspect and know not perfectly according to the judgement of charitie them whom they thus accuse to bee free of these crimes wherewith they charge them at least of many of them as appeares evidently by the 11. Article of the said instructions having therein libelled the generall and have yet to seek the specification thereof from the malice of their neighbours if so bee they can furnish it By which informall and malicious proceeding it is most apparent that our said parties do seek our disgrace and overthrow most maliciously and illegally And therefore wee call heaven and earth to witnesse if this bee not a barbarous and violent persecution that all circumstances being considered hath few or none to parallel it since the beginning of Christianitie and if wee have not just cause to decline the said pretended Commissioners as our partie Moreover can these men expect but in a lawfull Assemble they were to bee called and censured for their enorme transgressions foresaid And will any man thinke that they can bee judges in their owne cause It is alleadged out of the Canon-Law against the Pope that if the Pope be at variance with any man he ought not to bee Judge himselfe but to chuse arbitrators And this may militate against them except they be more unruly then Popes Ludovicus Bavarus and all the Estates of Germanie with him did plead this nullitie against the sentence and proceeding of Pope John 22. and of his Councell And the Archbishop of Cullen 1546. did plead the nullitie of Paul 3. his Bull of excommunication because hee protested that so soone as a lawfull Councell should be opened hee would implead the Pope as partie being guiltie of many things censurable by the Councell But the late Protestation doth shew the authors thereof to bee no lesse injurious to our place and authority then they are over-weening of their owne For it is against reason and practice of the Christian Church that no Primate Archbishop nor Bishop have place nor voice deliberative or decisive in generall Assemblies except they be authorized and elected by their Presbyteriall meetings consisting of preaching and ruling Elders as they call them and without warrant or example in the Primitive and purest times of the Church This also doth inferre the nullitie of an Assemblie if the Moderator and President for matters of doctrine and discipline shall bee neither the Primate Archbishop nor Bishop but hee who by pluralitie of Presbyters and Lay-mens voices shall bee elected which happely may be one of the inferiour Clergie or a Lay-person as sometimes it hath fallen out Whereas canonically according to the ancient practice of the Church the Primate should preside according to the constitution of the first Councell of Nice Can. 6. of Antioch Can. 9. and of the Imperiall Law Novell constitut 123. cap. 10. and according to our owne Law For what place in Assemblies Archbishops and Bishops had in other Christian Nations the same they had no doubt in Scotland and yet still do retaine except by some municipall Law it hath beene restrained which cannot be showne For the restraint of their authoritie by the Act of Parliament 1592. is restored by the Act of Parliament 1606. and 1609. and all Acts prejudiciall to their jurisdiction abrogated Neither doth that Act 1592. establishing generall Assemblies debarre Bishops from presiding therein nor the abrogation of their Commission granted to them by Act of Parliament in Ecclesiasticall causes imply and inferre the abrogation of that authoritie which they received not from the Parliament but from Christ from whom they received the spirituall oversight of the Clergie under their charge whereto belongeth the Presidentship in all Assemblies for matters spirituall alwayes with due submission to the supreme Governour which is so intrinsecally inherent in them as they are Bishops that hoc ipso that they are Bishops they are Presidents of all Assemblies of the Clergie as the Chancellour of the Kingdome hath place in Councell and Session not by any Act or Statute but hoc ipso that he is Chancellour By Act of Parliament Bishops are declared to have their right in Synods and other inferiour meetings but by no Law restrained nor debarred from the exercise of it in Nationall Assemblies and the law allowing Bishops to bee Moderators of the Synods doth present a list in absence of the Metropolitan to whom of right this place doth belong as said is out of which the Moderator of the generall Assemblie shall be chosen For is it not more agreeable to reason order and decencie that out of Moderators of Synods a Moderator of the generall Assemblie should be chosen then of the inferiour Clergie subject to them As concerning that Act of the generall Assemblie 1580. whereby Bishops are declared to have no warrant out of Scripture if corruption of time shall bee regarded the authoritie of that Assemblie might bee neglected no lesse then that at Glasgow 1610. But it is ordinarie that prior Acts of Assemblies and Parliaments give place to the posterior for Posteriora derogant prioribus And there past not full six yeares when a generall Assemblie at Edinburgh found that the name of Bishops hath a speciall charge and function annexed to it by the word of God and that it was lawfull for the generall Assemblie to admit a Bishop to a benefice presented by the Kings Majestie with power to admit visite and deprive Ministers and to be Moderators of the Presbyteries where they are resident and subject onely to the sentence of the generall Assemblie As for that Act at Mont rose let them answer to it that have their calling by that Commission Wee professe that wee have a lawfull calling by the election of the Clergie who are of the Chapiter of our Cathedrals and consecration of Bishops by his Majesties consent and approbation according to the laudable Lawes and ancient custome of this Kingdome and of the Church in ancient times and do homage to our Soveraigne Lord for our Temporalities and acknowledge him solo Deo minorem next unto God in all causes and over all persons Spirituall or Temporall in his owne Dominions supreme Governour But now wee may take up Cyprian his complaint Lib. 3. Ep. 14. Quod non periculum metuere debemus de offensâ Domini quando aliqui de Presbyteris nec Evangelii nec loci sui memores sed neque futurum Dei judicium neque praepositum sibi Episcopum cogitantes quod nunquam omnino sub antecessoribus factum est cum contumelia contemptâ praepositi totum sibi vendicent Atque utinam non prostratâ fratrum nostrorum salute sibi omnia vendicarent Contumelias Episcopatûs nostri dissimulare ferre possem sicut
of your Soveraignes gracious promises let this paper which I deliver to the Clerke to be read witnesse it to you all which I am sure you cannot chuse but receive with all thankfulnesse and dutifull acknowledgement of his Majesties pietie goodnesse and clemencie unlesse all Religion and goodnesse be quite banished out of this Land Here the Clerke publiquely read the paper which followeth THe Kings Majesty being informed that many of his good subjects have apprehended that by the introducing of the Service Booke and Booke of Canons the in-bringing of Poperie and Superstition hath been intended hath been graciously pleased to discharge like as by these he doth discharge the Service Booke and Booke of Canons and the practice of them or either of them And annulleth and rescindeth all Acts of Councell Proclamations and all other Acts and Deeds whatsoever that have been made and published for establishing them or either of them And declareth the same to be null and to have no force nor effect in time comming The Kings Majestie as he conceived for the ease and benefit of his subjects established the high Commission that thereby justice might be ministred and the faults and errours of such persons as are made liable thereto taken order with and punished with the more conveniencie and lesse trouble to the people But finding his gracious intentions therein to be mistaken hath been pleased to discharge like as by these presents he doth discharge the same and all acts and deeds whatsoever made for establishing thereof And the Kings Majestie being informed that the urging of the five Articles of Perthes Assembly hath bred distraction in the Church and State hath been graciously pleased to take the same to his Royall consideration and for the quiet and peace of this Countrie hath not onely dispensed with the practice of the said Articles but also discharged all and whomsoever persons from urging the practice thereof upon either Laicke or Ecclesiasticall person whatsoever And hath freed all his subjects from all censure and paines whether Ecclesiasticall or Secular for not urging practising or obeying them or any of them notwithstanding of any thing contained in the Acts of Parliament or generall Assembly to the contrary And his Majestie is further contented that the Assembly take the same so far into their consideration as to represent it to the next Parliament there to bee ratified as the Estates shall find fitting And because it hath been pretended that oathes have been administred different from that which is conceived in the Acts of Parliament his Majestie is pleased to declare by Me that no other oath shall be required of any Minister at his entry then that which is set downe in the Act of Parliament And that it may appeare how carefull his Majestie is that no corruption or innovation shall creep into this Church neither yet any scandall vice or fault of any person whatsoever censurable or punishable by the Assembly goe unpunished his Majestie is content to declare by Mee and assure all his good people that generall Assemblies shall be kept so oft as the affaires of this Church shall require And that none of Our good subjects may have cause of grievances against the proceedings of the Prelates his Majestie is content that all and every one of the present Bishops and their Successors shall be answerable and accordingly from time to time censurable according to their merits by the generall Assembly And to give all his Majesties good people full assurance that he never intended to admit any alteration or change in the true Religion professed within this Kingdome and that they may bee truly and fully satisfied of the reality of his intentions and integritie of the same his Majestie hath been pleased to require and command all his good subjects to subscribe the confession of faith and band for maintenance thereof and of his Majesties person and authority formerly signed by Our deare Father in anno 1580. and now likewise requireth all those of this present Assembly to subscribe the same And it is his Majesties will that this be inserted and registred in the Bookes of Assembly as a testimony to posteritie not onely of the sinceritie of his intentions to the said true Religion but also of his resolution to maintaine and defend the same and his subjects in the profession thereof Subscribitur HAMILTOUN AFter the reading whereof Our Commissioner went on and added I have you see subscribed that paper with mine owne hand and to make his Majesties Religion Grace Goodnesse and the Zeale which hee hath to settle the peace of this Church and Kingdome knowne to all succeeding generations I doe require that it bee entred into your ordinarie Bookes of Assembly but with this provision That this my assent to the Act of registring this his Majesties Declaration shall be no approbation of the lawfulness of this Assembly or of any other Act made or to be made in it but that all Protestations made or to be made against this Assembly in all other acts and proceedings thereof shall stand in full force and effect And of the delivery of this paper containing his Majesties gracious offers into the hands of the Clerke of the Assembly and of my requiring it to be registred in the Bookes of the same as also of my Protestation against the lawfulnesse of this Assembly in all other Acts I take publique instruments in the hands of the Clerke of Our Soveraigne Lord his Register and require him to make an act thereof Which being done the Moderatour in a short speech acknowledged Our speciall goodnesse in granting the particulars contained in the paper promising it should be registred in the bookes of assembly and desired to goe on with the businesse of the assembly But Our Commissioner told them hee must goe on with them no more for now the sad part was behind viz. That since they had brought Lay-Elders to give voices in this assembly a thing not practised before or at least dis-used so long that no man present had seen it the Ministers sitting here as Commissioners were chosen by Lay-Elders a thing never heard of before in this Church all the persons having voices here were before the elections designed by the Tables at Edinburgh all others by their expresse directions barred these few Commissioners sent hither but not chosen according to their designation were by their cavills made for that purpose set aside and not admitted to have voices the Bishops cyted hither were to bee judged by the very same persons who had pre-judged and condemned them at their Tables hee attested heaven and earth whether this could bee imagined to be any way a free Assembly and therefore called God to witnesse that they themselves were the cause and the only cause why this Assembly could not have that happy issue which We heartily wished and why the Bishops could receive no censure from them in regard of these their sinister proceedings for how could any man expect justice
could wee have any other intention or meaning being clearely warranted and expresly commanded by his Majesties instructions to exact the said Oath and take order that it should bee sworne throughout the Kingdome in that faire and lawfull sense and none other Neither in this point did we deliver our owne words or his Majesties minde ambiguously or doubtfully so as any other sense to our thinking could bee picked or wrung out of either the one or the other for we do attest the Lords of the Councell whether wee did not to manie or all of them upon severall occasions in conference with them ever since our comming into this Kingdome constantly declare unto them that his Majesties resolution was not to suffer Episcopall government to be abolished Wee attest all the Lords of Session whether before our tendering of that Oath to them or their Lordships taking of it wee did not fully and freely declare to them that his Majesties minde in commanding us to see this Oath taken and our own minde in requiring them to take it was onely to settle and secure the Religion and Faith professed in this Kingdome but was not to bee extended to the abjuring of Episcopall government or any other thing now in force by the Lawes of this Church and State at the time of administring this Oath which their Lordships being the reverend and learned Judges of the Lawes knew well could not bee abjured after which perspicuous predeclaration of our minde their Lordships undoubtedly in that same sense and none other took the said Oath And now good Reader having heard his Majesties minde and intention and in pursuance of them the minde of his Majesties High Commissioner concerning this Oath the reasons to repell the former objection seeme to bee needlesse the knowne minde of the supreme Magistrate who urgeth an Oath being to be taken for the undoubted sense of it yet for as much as that objection hath of late beene mainly urged for alienating the mindes of many of his Majesties good subjects and well affected to that government from adhering unto it be pleased to know that the former objection hath neither shew nor force of reason in it and that by the said Oath and that explanation set down in the Act of Councell Episcopall government neither was nor possibly could bee abjured and that for many reasons but especially these five which we having seen and approved have caused to bee here inserted and leave them to thine impartiall consideration First God forbid it should be imagined that his Majestie should command his subjects to take an Oath which in it selfe is absolutely unlawfull but for a man to sweare against a thing which is established by the Lawes of Church and Kingdome in which he liveth unlesse that thing be repugnant to the Law of God is absolutely unlawfull untill such time as that Kingdome and Church do first repeale these Lawes and therefore Episcopall government not being repugnant to the Law of God nay being consonant unto it as being of Apostolicall institution which shall be demonstrated if any man please to argue it and standding fully established both by Acts of Parliament and Acts of generall Assemblie at the time when this Oath was administred to abjure it before these Acts be repealed is absolutely unlawfull and against the word of God and it is to be hoped no man will conceive that his Majestie meaned to command a thing absolutely unlawfull And if it should be said as it is said by some who not being able to avoid the force of reason do betake themselves to pitifull shifts and evasions that these Acts of Parliament and Assembly establishing Episcopall government were unlawfully and unduly obtained certainely if they have any reasons for this their bold assertion which is of a more dangerous consequence then that it ought to be endured in any well setled Church or Common-wealth these reasons may bee presented lawfully to these judicatories to entreat them to reduce the saids Acts if there shall be strength and validitie found in them But to hold that untill such time as these judicatories shall repeale the saids Lawes they either ought to bee or can possibly bee abjured is a wicked position and destructive of the verie foundation of justice both in Church and Common-wealth Secondly it cannot bee imagined that this Oath should oblige the now takers of it farther then it did oblige the takers of it at first for doctrine and points of faith it did oblige them then and so doth it us now perpetually because these points in themselves are perpetuall immutable and eternall But for points of discipline and government and policie of the Church that Oath could binde the first takers of it no longer then that discipline and government should stand in force by the Lawes of this Church and Kingdome which our Church in her positive Confession of Faith printed amongst the Acts of Parliament Artic 20.21 declareth to bee alterable at the will of the Church it selfe and so repealable by succeeding Acts if the Câ—â—rch shall see cause When a King at his Coronation taketh an Oath to rule according to the Lawes of his Kingdom or a Judge at his admission sweareth to give judgement according to these Lawes the meaning of their Oaths cannot be that they shall rule or judge according to them longer then they continue to be Lawes but if any of them shall come afterwards to bee lawfully repealed both King and Judge are free from ruling and judging according to such of them as are thus lawfully repealed notwithstanding their originall Oath Since therefore if the first takers of that Oath were now alive they could not bee said to have abjured Episcopall government which hath been since establshed by Lawes of this Church and Kingdom especially considering that this Church in her Confession holdeth Church government to bee alterable at the will of the Church certainely we repeating but their Oath cannot be said to abjure that government now more then they could be said to do it if they were now alive and repeating the same Oath Thirdly how can it be thought that the verie Act of his Majesties commanding this Oath should make Episcopall government to bee abjured by it more then the Covenanters requiring it of their associats in both Covenants the words and syllables of the Confession of Faith being the same Now it is well knowne that many were brought in to subscribe their Covenant by the solemne protestations of the contrivers and urgers of it that they might subscribe it without abjuring of Episcopacie and other such things as were established by Law since the time that this Oath was first invented and made and the three Ministers in their first answers to the Aberdene Quaeres have fully and clearely expressed themselves to that sense holding these things for the present not to bee abjured but onely referred to the tryall of a free generall Assemblie And likewise the adherers to the last Protestation against his
bred distraction in the Church and State hath been graciously pleased to take the same into His royall consideration and for the quiet and peace of this countrey hath not onely dispensed with the practice of the saids articles but also discharged all and whatsoever persons from urging the practice thereof upon either laicke or ecclesiasticall person whatsoever and hath freed all His subjects from all censure and paines whether ecclesiasticall or secular for not urging practising or obeying them or any of them notwithstanding of any thing contained in the Acts of Parliament or generall Assembly in the contrary And his Maiesty is further contented that the Assembly take the same so farre to their consideration as to represent it to the next Parliament there to be ratified as the Estates shall finde fitting And because it hath been pretended that oaths have been administrate different from that which is set downe in the acts of Parliament his Maiesty is pleased to declare by me that no other oath shall be required of any Minister at his entry nor that which is set downe in the act of Parliament And that it may appeare how carefull his Maiesty is that no corruption nor innovation shall creepe into this Church neither yet any scandall vice or fault of any person whatsoever censurable or punishable by the Assembly goe along unpunished his Maiestie is content to declare by me and assure all His good people that generall Assemblies shall be kept so oft and al 's oft as the affaires of this Church shall require And that none of His good subiects may have cause of grievances against the proceedings of the Prelates his Maiesty is content that all and every one of the present Bishops and their successors shall bee answerable and accordingly from time to time censurable according to their merits by the generall Assembly And to give all his Majesties good people full assurance that Hee never intended to admit any alteration or change in the true Religion profest within this Kingdome and that they may be truely and fully satisfied of the reality of His intentions and integrity of the same his Majestie hath been pleased to require and command all His good subjects to subscribe the Confession of Faith and band for maintenance thereof and of his Majesties person and Authority formerly signed by His dear Father in ann 1580. and now also requireth all these of this present Assembly to subscribe the same And it is his Majesties will that this be insert and registrate in the books of Assembly as a testimony to posteritie not onely of the sincerity of His intentions to the said true Religion but also of His resolutions to maintain and defend the same and His subjects in the profession thereof Which declaration was by Our speciall command and direction given in and subscribed by Our Commissioner upon protestation made by him that his assenting to the registration hereof should be no approbation of the lawfulnesse of this Assembly nor of any of the acts or deeds done or to be done therein And finding them in like sort no wayes to be satisfied therewith and that nothing else was able to give them contentment except at their owne pleasure they were permitted to overthrow all Episcopall government in the Church and thereby to abrogate Our publike lawes standing in vigour by the space of many yeares by-gone and to alter the fundamentall government of this kingdom in taking away one of the three Estates contrary to expresse acts of Parliament And lest the continuance of their meetings might have produced other the like dangerous acts so derogatory to Royall authority We were forced for preveening thereof and for the reasons and causes above-mentioned and divers others importing true monarchicall government to dissolve and breake up the said pretended Assembly and to discharge them of all farther meeting treating and concluding any thing therein And yet in that calme and peaceable way as Our Commissioner before his removing desired their pretended Moderator for that time to have said prayer and so concluded that dayes session that so they might have had time to thinke upon the just reasons of his refusing to assist or be any longer present at the said pretended Assembly of the causes moving Us to the dissolving thereof and notwithstanding his earnest urging the same and being willing to returne the next morning to heare their answer in place of all other satisfaction to his so reasonable and moderate desires it was refused and met with a protestation of an high and extraordinary straine thereby presuming to cyte and call Our Councell in question for their dutifull assistance and obedience to Us and Our Commissioner And finding their disobedience thus to increase We were constrained to discharge them of new againe the next day thereafter by publike proclamation under the paine of treason And albeit that their contumacie is such as hath not been heard of in former times yet they shall never move Us to alter the least point or article of that We have already declared by proclamation or declaration under Our Commissioners hand All which was publikely read and by Our Commissioner required to be insert and registrate in the books of Assembly therein to remain as a testimonie to posterity not onely of the sinceritie of Our intentions to the true Religion but also of Our resolution to maintaine and defend the same and Our subjects in the profession thereof And perceiving likewise that in contempt of Our proclamation at Glasgow the 29. of November they goe still on to conveene meet and to make illegall and unwarrantable acts We have conceived it fitting to forewarne all Our good subjects of the danger that they may incurre by being insnared by these their unlawfull procedures And to this purpose doe not onely liberate and free them from all obedience to any of the pretended acts made or to be made at the said pretended assembly or Committees direct therefrom but do also free them from all pain and censure which the said pretended assembly shall inflict upon them or any of them And therefore doe discharge and prohibit all Our subjects that they nor none of them acknowledge nor give obedience to any pretended acts nor constitutions made or to bee made at the said pretended meetings under all highest paines And We command charge and inhibite all presbyteries sessions of Kirkes Ministers within this Realme that none of them presume nor take upon hand privately nor publikely in their sessions and meetings nor in their conferences sermons nor no other manner of way to authorize approve justifie or allow the said unlawfull meeting or assembly at Glasgow neither yet to make any Act thereupon nor to do any other thing private or publike which may seeme to countenance the said unlawfull Assemblie under the paine to bee repute holden and esteemed and pursued as guiltie of their unlawfull meeting and to bee punished therefore with all rigour And siclike Wee command all and
Our Commissioner sitting in Assembly shall denie Our voice to any thing which to Us appeareth to bee unjust and repugnant to Our Lawes yet if that shall be concluded by most voices of the Assembly that then We are bound jure divino to see all these conclusions made in despight of Us obeyed by all Our subjects and by Our authoritie to inforce obedience to these Acts and if Our Councellers or Judges shall refuse to do the like then they shall be lyable to the sentence of Excommunication and so be deprived not onely of their places but of their estates A position to which We suppose they will never gaine the consent of Princes or Magistrates put in authoritie under them A fourteenth position is this An Assembly may abrogate Acts of Parliament and discharge Our subjects from obedience to them if they any way reflect upon businesse of the Church which We wonder that the Nobilitie Gentrie and Burrowes can endure for as it doth derogate principally from Our authoritie so doth it proportionably from theirs when they are assembled in Parliament and indeed it is to be wondred at how any man that is acquainted with government can endure it for it destroyeth not onely the nature but the very name of the high Court of Parliament for how can that be called the Highest Court of the Kingdome if a generall assembly may rescind the acts of it And that power which may repeale one act of it may repeale more nay all acts of it when it shall bee pleased to exercise that power and say it is in order to the glory of God and the good of his Church A fifteenth position is this The Protestation of subjects against Lawes established whether it be made coram Judice or non Judice before the Judges of the people or the people themselves who are borne to be judged doth void all obedience to these Lawes and dischargeth all the protesters from any obligation to live under them before ever these Protestations and the validitie of them shall come to be discussed before the competent Judges of them nay although they bee repelled by the Judges before whom they are made all which since these troubles begun in that Kingdome have been usually practised by the Covenanters who having sometimes made Protestations against Our Lawes before Our Councell sometimes before Our Commissioner sometimes before the Lords of Our Session who repelled them all then they made them before the people their owne associates in the publique Market-places and by that meanes held these Protestations sufficiently admitted and themselves discharged from obedience to all these Lawes against which they protested alledging perhaps that they were unjustly and unduely enacted which course if it may be allowed in any Common-wealth and that Protestations before they be discussed may discharge subjects from obedience to Lawes what subject will yeeld obedience to any Law by which he findeth himselfe pressed or inconvenienced when the remedie of a Protestation whether admitted or not admitted is so readie at hand A sixteenth and last position is this which indeed is the worst of all for it is both the mother and nurse of all the rest and is such a shamefull one that they have not printed it in terminis but it followeth by an unavoidable consequence upon many of their printed positions as all of them doe follow upon and flow from it And the practice of it is so current with them as it appeareth almost in every one of their particular actions And it is thus A number of men being the greater part of the Kingdome because they are the greater and in that sense say they the more considerable part may doe any thing which they themselves doe conceive to be conduceable to the glory of God and the good of the Church notwithstanding of any lawes standing in force to the contrarie and that this greater part especially met in a representative assembly may without the authoritie of Us against the expresse commandement of Us and Our Councell and Our Judges declaration of it to be against the lawes of Our Kingdome chuse some few Noblemen Gentlemen Ministers and Burgesses who under the name of Committees or Commissioners from the generall assembly to bee chosen from assembly to assembly shall sit and determine of things concerning the Church and State as if there were neither King Councell nor Judge in the land They complaine of a High Commission erected by Us and Our authoritie but whether this be not a higher Commission then that We leave it to every impartiall judgement They answer for themselves onely this That they doe it as being put in authoritie by the generall assembly which is say they a Court independent from Us and therefore may erect what Court it will without Us and may appoint what Commissioners it will to sit for that Court so they meddle with nothing but Ecclesiasticall businesse But let the Reader consider how many wicked and insufferable absurdities this their answer carrieth along with it First By what authoritie did they doe the same things which they now doe before the assembly was indicted They could not bee then Commissioners from the generall assembly Next Who gave the generall assembly power to erect any such Table of Commissioners They found themselves aggrieved with the high Cōmission established by Us upon this ground that there was no such Court established either by acts of generall assembly or Parliament And now Wee desire them to shew any act of Parliament giving the assembly power to erect any such Table of Commissioners Thirdly in the erection of this Table they out-doe any thing which yet hath been either said or done by the Jesuites in defence of the Churches authoritie and the authoritie of her visible Head over Kings and Princes for they did never yet affirme that the Ecclesiasticall authoritie could bee exercised but by Ecclesiasticall persons but these men doe hold that Noblemen Gentlemen and Burgesses may execute this authoritie But they say they doe not exercise it as any such lay-men but as ruling-Elders and so in the capacitie of Ecclesiasticall persons But can there any childe be found who will not laugh at this if ever he have heard but the common names of Church-men and Lay-men Can these two be confounded Can the calling of a man by the name of an Elder make him an Ecclesiasticall person if by his place and calling hee is never to discharge any office of a Church-man They have declared it to be unlawfull for Bishops to have voices in Parliament Councell or any secular Judicatorie because these places are incompatible with the places of Ecclesiasticall persons And shall not lay-persons be as incapable at least to meddle with Divine and Ecclesiasticall businesses Or if they shall then let these Ecclesiasticall Elders renounce their places in Parliament and other secular Courts of justice and become ruling-Elders onely Fourthly they alledge that they meddle onely in Ecclesiasticall causes Although it bee unlawfull
therefore intending to make known to the Lords of secret Councell what was noised concerning the Proclamation how far the whole Kingdome had been by some sinistrous mis-information frustrate of their hopes and their constant desire to have some course taken by their Lordsh advice how his Majestie being further informed might deliver his good subjects from so great grievances and feares and establish a sure peace in this Countrie for time to come we found our selves tyed by order of Law to decline those against whom we had made our complaint unlesse we would admit our parties to be our Judges And in case our Declinator should not be accepted we behoved to protest that we might have immediate recourse to the King himselfe c. Thereafter in the Moneth of March finding that by the foresaid Proclamation the innovations supplicated against were approven our lawfull proceedings condemned our most necessary meetings prohibited there being no other way left unto us wee were necessitate to renew the nationall Covenant of this Kirk and Kingdome thereby to reconcile us to God provoked to wrath against us by the breach of his Covenant within this Land to cleare our Soveraigns mind from all jealousies and suspicions arising from our adversaries mis-information of our intentions and carriage and so to make way for his acceptance of our humble supplications and grant of their lawfull remedies to guard this Land in defence of Religion authoritie and liberty against inward divisions and externall violences And that our actions might be answerable to our holy profession we afterward drew up an humble supplication containing our grievances and desires of the ordinary remedies thereof to have beene delivered to the King himselfe In the meane time wee were directed by those who were intrusted by his Majesty to attend his Declaration here in Scotland which would free us of all feares of innovations of Religion and prove satisfactorie And lest for want of true information of our just grievances and desires it should fall out otherwise wee expressed to them with the greatest modestie wee could our desires in some few Articles and with great patience have attended his Majesties pleasure thereanent And all this Moneth by-gone being frequently conveened to heare the same delivered by his Majesties Commissioner the right Noble and potent Lord James Marquesse of Hamiltoun c. we presented a new petition to his Grace as his Majesties Commissioner craving most humbly the indiction of a free Assembly and Parliament as the onely remedies thereof Like as finding a mis-information or mistake of our Covenant with God as if it had beene an unlawfull combination to bee the maine hinderance of obtaining our desires in a new supplication wee have fully removed that impediment renewed our desires of those supreme judicatories to bee indicted with diligence for settling of the Kirke and Kingdome But being answered only with delayes after these nine Moneths attendance and with this Proclamation that conteined his Majesties gracious declaration of his pious intentions not to admit of any innovations in Religion or Law nor any staine of Popish superstition But on the contrary to be resolved to maintaine the true Christian Religion professed in this Kingdome which we were ever so far from calling in question as in our supplicatications complaints and bills we used the same as one cause of our desires one ground of our confidence of a gracious answer and argument of our adversaries malignant mis-information of so religious a King And now most humbly with bended knees and bowed hearts thanke our gracious Soveraigne for the same Wishing and praying the Lord of heaven truly and fully to informe his Majestie how far these bookes judicatories and all our other evils and grievances are full of idolatrous superstitions and Popish errours How destructive of the reformation of Religion in this Land and of the Lawes and Liberties of this Church and Kingdome and so directly contrary to this his Majesties pious intention and Declaration Yet seeing that no Proclamation could sufficiently remove the present evils nor settle our feares nor secure us from the re-entrie of any evill or Innovation which it seemed to discharge or prevent the like in time comming nor satisfie our humble supplications craving the present indiction of a free Assembly and Parliament as the only remedies of our evils and meanes to prevent the like And seeing this Proclamation doth not so much as make mention or acknowledge any of our supplications complaints and grievances or any just cause thereof except under the name of great increase of disorders faults and mis-demeanours but only our feares of some future Innovation of Religion or Lawes occasioned onely as is pretended by the introduction of the Service booke booke of Canons and High Commission which feares his Majestie hoped to have beene abundantly and sufficiently satisfied by his two former Proclamations of the ninth of December and ninteenth of February And by this his present Declaration except his subjects bee blindly under pretext of Religion led unto disobedience Doth mis-ken passe over and so in effect denie all our supplications bills articles and desires especially our complaints against the Prelats our parties And that once for all in a faire and perswasive way even after the resaite of our last supplication clearing us from the calumnie of unlawfull combination Doth not disallow nor discharge any of the innovations and evils complained upon but only assureth that his Majestie will not presse their practice but in such a faire and legall way as shall satisfie his subjects of his intention which joyned with the other clause allowing and confirming the Proclamation the nineteenth of February evidenceth the liberty left to any Prelate or persons to practise the same and by all other faire waies to perswade others thereunto and his Majesties resolution to presse their practice in a faire and legall way And also confirmeth the former Declaration that the Service Booke is a ready meane to maintaine the true Religion already professed and to beat out all Superstition and no waies to be contrary to the Lawes of this Kingdome but to be compiled and approved for the universall use and edification of all his Majesties subjects Doth not abolish but promiseth to rectifie the High Commission with advice of his privie Councell implying the Kings power with consent of the Councell to establish this or any judicatory within this Kingdome without consent of the three Estates conveened in Parliament contrary to the fundamentall and expresse Lawes thereof and by consequent with the like reason to establish Lawes and Service bookes without consent of the Assembly and Parliament Which is contrary to the maine ground of all our supplications against the manner of their introduction Doth only promise to take into his consideration in an Assembly and Parliament which shall bee called at his best convenience while as the evident and urgent necessity for settling the combustions threatning the totall dissolution and desolation of this Church and
State excuseth our uncessant and importune calling for these present remedies Doth insinuate the continuance and execution of any pretended Lawes for these innovations of worship and corruptions of Church government and civill places of Church-men which by our Covenant wee have obliged our selves to forbeare and the re-establishment of these evils in an Assembly and Parliament which hee will call in his best convenience to wit for that and this other end of satisfying his subjects judgements anent the Service Booke and Book of Canons Doth condemne all our former proceedings even our supplicating complaining protesting subscribing of our Covenant together and our continuall meetings as great disorders increase of disorders deserving justly a powerfull rather then a perswasive way a running headlong into ruine a perishing in our faults a blind disobedience under pretext of Religion and doth threaten denounce Now once for all If we be not heartily satisfied and give testimony of our obedience after this Declaration but continue as by our former proceedings to draw on our owne ruine that albeit unwillingly he must make use of that power which God hath indued him with for reclaiming of so disobedient people THerefore we in our own name and in name of all who will adhere to the Confession of Faith and reformation of Religion within this Land are forced and compelled out of our bound duty to God our King native Country our selves and our posterity lest our silence should be prejudiciall to so important a cause as concernes Gods glory and worship our Religion and salvation the Lawes and Liberties of this Church and Kingdome or derogatory to our former supplications complaints protestations Articles and proceedings or unanswerable to the solemne oath of our nation covenant with God To declare before God and man and to protest Primo That we doe and will constantly adhere according to our vocation and power to the said Reformation in doctrine use of Sacraments and discipline And that notwithstanding of any innovations introduced therein either of old or of late Secundo we potest That we adhere to the grievances supplications and protestations given in at Assemblies and Parliaments and to our late supplications complaints protestations and other lawfull proceedings against the same and particularly against the Service book and booke of Canons as maine innovations of Religion and Lawes and full of Popish superstition and so directly contrary to the Kings Declaration And against the High Commission as a judicatory established contrary to the Lawes and Liberties of this Church and Kingdome and destructive of other lawfull judicatories which both in respect of the nature of it and manner of introduction without consent of the three Estates of Parliament cannot be any wayes rectified but absolutely discharged Tertio we protest That we adhere with our hearts to our Oath and subscription of the Confession of Faith the solemne Covenant betweene God this Church and Kingdome and the clauses particularly therein expressed and generally contained and to our last Articles for the peace of this Kirke and Kingdome drawne out of it and to all the matters therein contained and manner of remedy therein desired Quarto We protest that this Proclamation or act of Councell or any other act or Proclamation or Declaration or ratification thereof By subscription or act or letter or any other manner of way whatsoever or any precondemnation of our cause or carriage before the same be lawfully heard and tryed in the supreme judicatories of this Kirk and Kingdome the onely proper judges to nationall causes and proceedings or any certification or threatning therein denounced shall no waies be prejudiciall to the Confession of Faith lawes and liberties of this Kingdome nor to our supplications complaints protestations articles lawfull meetings proceedings pursuits mutuall defences nor to our persons and Estates and shall no wayes be disgracefull either in reality or opinion at home or abroad to us or any of us But on the contrary that any act or letter or subscription of the Councell carrying the approbation of the declaration and condemnation of our proceedings indicta causa is and ought to be repute esteemed unjust illegall null as here before God and man we offer to clear to verifie both the justice of our cause and carriage and the injustice of such acts against us in the face of the first generall Assembly of the Church Parliament of the Estates unto whom with all solemnities requisite we do publikly appeal Quinto We protest that seeing our former supplications last Articles our last desire and petition to his Majesties Commissioner which petitioned for the present indiction of a free general Assembly Parliament according to the law and custome of all nations of this nation in the like case to hear the desires ease the grievances settle the fears of the body of the Church Kingdome are thus delayed in effect refused to wit Once for all till his Majesties conveniency for the end contained in this Proclamation that We continue by thir presents to supplicate his Majesty again and again for the granting of the same And whatsoever trouble or inconvenience fall out in this land in the mean time for want of these ordinary remedies and by the practice of any of these innovations evils contrary to our supplications articles confession it be not imputed unto us who most humbly beg these lawfull remedies but also that it is shall be lawfull unto us to defend and maintain the Religion lawes and liberties of this Kingdome the Kings Authority in defence thereof every one of us one another in that cause of maintaining the Religion and the Kings foresaid Authority according to our power vocation and Covenant with our best counsel bodies lives means whole strength against all persons whatsoever against all externall or internall invasions menaced in this Proclamation Like as that in the great exigencie of the Church necessitating the use of this ordinary and lawfull remedies for settling the commotions thereof it is and shall be leasome unto us to appoint hold and use the ordinary means our lawfull meetings and Assemblies of the Church agreeble to the Law of God and practice of the primitive Church the Acts of the generall Assemblies and Parliaments and the example of our Worthy Reformers in the like case Sexto We protest that our former Supplications Complaints Protestations Confessions meetings proceedings and mutuall defences of every one another in this cause as they are and were in themselves most necessary and orderly meanes agreeable to the lawes practice of this Church and Kingdome to be commended as reall duties of faithfull Christians loyall Subjects and sensible members of the body of the Church and Kingdome and no wise to be stiled nor accounted great disorders misdemeanors blind disobedience under pretext of Religion and running headlong into ruine c. So they proceeded only from conscience of our duty to God our King native