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ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
A11752	The protestation of the Generall Assemblie of the Church of Scotland, and of the noblemen, barons, gentlemen, borrowes, ministers and commons; subscribers of the Covenant, lately renewed, made in the high Kirk, and at the Mercate Crosse of Glasgow, the 28, and 29. of November 1638; Protestation. 1638-11-29	Church of Scotland. General Assembly.; Warriston, Archibald Johnston, Lord, 1611-1663.	1638 (1638)	STC 22047; ESTC S116929	6,240	16

constitutions of this church the confession of faith our nationall oath and that measure of light which GOD the father of light shall grant us and that in the sinceritie of our hearts without any preoccupation or passion 4. That if the Commissioner his Grace depart and leave this church and kingdome in this present disorder and discharge this assemblie that it is both lawfull and necessarie for Us to sit still and continue in keeping this present Assemblie indicted by His Majestie till we have tryed judged censured all the bygone evils and the introductors and provided a solide course for continueing Gods trueth in this land with puritie and libertie according to his Word our oath and Confession of Faith and the lawfull constitutions of this Church and that with the grace of God Wee and every one of Us adhering hereunto shall sit still and continue in this Assemblie till after the finall settling and conclusion of all matters it be dissolved by common consent of all the members thereof 5. That this Assemblie is and should be esteemed and obeyed as a most lawfull full and free generall Assemblie of this Kingdome And that all acts sentences constitutions censures and proceedings of this Assemblie are in the self and should be reputed obeyed and observed by all the Subjects of this Kingdome and members of this Church as the actions sentences constitutions censures and proceedings of a full and free generall Assemblie of this Church of Scotland and to have all ready execution under the Ecclesiasticall paines contained or to bee contained therein and conforme thereto in all points 6. That whatsoever inconvenience fall out by impeding molesting or staying the free meeting sitting reasoning or concluding of this present Assemblie in matters belonging to their judicatorie by the word of God lawes practice of this Church and the confession of faith or in the observing and obeying the acts ordinances and conclusions thereof or execution to follow thereupon That the same be not imputed unto Us or any of Us who most ard entlie desired the concurrance of his Maiesties Commissioner to this lawfull Assembly But upon the contrare that the Prelats and their adherentes who have protested and declined this present Assemblie in conscience of their own guiltinesse not dareing to abide any legall tryall and by their misinformation have moved the Commissioner his Grace to dep●rt and discharge this Assembly bee esteemed repute and holden the Disturbers of the Peace and Overthrowers of the Liberties of the Church and guiltie of all the evils which sh●ll follow heereupon and condignely consured according to the greatnesse of their fault and Acts of the Church and Realme And to this end Wee againe and againe doe by these presents cite and summond them and every one of them to compeere before this present generall Assembly to answere to the premisses and to give in their reasons defences and answeres against the complaints given in or to bee given in against them and to heare probation led and sentence pronounced against them and conforme to our former citations and according to Iustice with certification as effeirs Like as by these presents Wee summond and cite all those of His Majesties Councell or any other who have procured consented subscribed or ratified this present Proclamation to bee responsable to His Majestie and three Estates of Parliament for their counsell given in this matter so highly importing His Majestie and the whole Realme conforme to the 12. Act King James 4. Parliament 2. And protest for remedie of law against them and every one of them 7. And lastly Wee protest that as Wee adhere to the former Protestations all and every one of them made in the name of the Noblemen Barons Gentlemen Ministers Burghes and Commons So seeing Wee are surprised by the Commissioner his Graces suddaine departing farre contrary to His Majesties indiction and our expectation Wee may extend this our Protestation and adde more reasons thereunto in greater length and number whereby Wee may fully cleare before God and man the equitie of our intentions and lawfulnesse of our proceedings And upon the whole premisses the foresaids persons for themselves and in name aforesaid asked Instruments This was done in the high Church of Glasgow in publicke audience of the Assemblie begun in presence of the Commissioner his Grace who removed and refused to heare the same to the end The twentie eight day of November and upon the Mercate Crosse of Glasgow The twentie ninth day of the said moneth The yeare of GOD 1638. respectivè FINIS

THE PROTESTATION OF THE GENERALL ASSEMBLIE OF THE CHVRCH OF SCOTLAND AND OF THE NOBLEMEN BARONS GENTLEMEN BORROWES MINISTERS AND COMMONS Subscribers of the Covenant lately renewed made in the high Kirk and at the Mercate Crosse of Glasgow the 28 and 29. of November 1638. Printed at Glasgow by George Anderson in the Yeare of Grace 1638. The Protestation of the generall Assembly of the Church of SCOTLAND c. WEE Commissioners from Presbyteries Burghes and Universities now conveened in a full and free Assembly of the Church of Scotland indicted by his Majestie and gathered together in the Name of the Lord Jesus Christ the only Head and Monarch of his owne Church And Wee Noblemen Barons Gentlemen Ministers Burgesses and Commons Subscribers of the Confession of Faith Make it knowne that where Wee His Majesties loyall Subjects of all degrees considering and taking to heart the many and great innovations and corruptions lately by the Prelats and their adherents intruded of this Church which had beene before in great puritie to our unspeakable comfort established amongst us were moved to present many earnest desires and humble supplications to his sacred Majestie for granting a free generall Assembly as the only legall and readie meane to try these innovations to purge out the corruptions and settle the order of the church for the good of Religion the honour of the King and the comfort and peace of the Kirk and Kingdome It pleased his gracious Majestie out of his Royall bountie to direct unto this Kingdome the Noble and Potent Lord James Marques of Hammiltoun with Commission to heare and redresse the just grievances of the good Subjects who by many petitions and frequent conferences being fully informed of the absolute necessitie of a free generall Assemblie as the only Judicatorie which had power to remedie those evils was pleased to undergoe the paines of a voyage to England for presenting the pitifull condition of our Church to his sacred Majestie And the said Commissioner his Grace returned againe in August last with power to indict an Assembly but with the condition of such prelimitations as did both destroy the freedome of an Assemblie and could no wayes cure the present diseases of this Church which was made so clearly apparent to his Grace that for satisfying the reasonable desire of the Subjects groaning under the wearinesse and prejudices of longsome attendance Hee was againe pleased to under-take another journey to His Majestie and promised to endeavour to obtaine a free Generall Assemblie without any prelimitation either of the constitution and members or matters to be treated or manner and order of proceeding so that if any question should arise concerning these particulars the same should bee cognosced judged and determined by the Assemblie as the onely judge competent And accordingly by warrant from our Sacred Soveraigne returned to this Kingdome and in September last caused indict a free Generall Assemblie to be holden at Glasgow the 21. of November instant to the unspeakable joy of all good Subjects and Christian hearts who thereby did expect the perfect satisfaction of their long expectations and the finall remedie of their pressing grievances But these hopes were soone blasted for albeit the Assemblie did meet and begin at the appointed day and hath hitherto continued still assisted with his Graces personall presence yet His Grace hath never allowed any freedome to the Assemblie competent to it by the Word of God acts and practise of this church and his Majesties Indiction but hath laboured to restraine the same by protesting against all the acts made therein and against the constitution therof by such members as by all law reason and custome of this church were ever admitted in our free Assemblies and by denying his apprebation to the things proponed and coucluded though most cleare customable and uncontraverted And now since his Grace after the presenting and reading of his own commission from our sacred Soveraigne and after his seeing all our commissions from Presbyteries and Burghes produced and examined and the assembly constitute of all the members by unanimous consent doth now to our greater griefe without any just cause or occasion offered by us unexpectedly depart and discharge any further meeting or proceeding in this Assembly under the paine of treason and after seven dayes sitting declare all Acts made or heereafter to be made in this Assembly to be of no force nor strength and that for such causes as are either expressed in his Maiesties former proclamations and so are answered in our former protestations or set downe in the declinatour and protestation presented in name of the Prelats which are fully cleared in our answere made thereto or else were long since proponed by the Commissioner his G. in his eleven articles or demands sent unto us before the indiction of the Assembly and so were satisfied by our answers which his Grace acknowledged by promising after the recept thereof to procure a free generall Assembly with power to determine upon all questions anent the members manner and matters thereof all which for avoyding tediousnesse wee heere repeat Or otherwise the said causes alleadged by the Commissioner were proponed by His Grace in the Assemblie such as first that the Assemblie refused to reade the Declinatour and Protestation exhibited by the Prelats which neverthelesse was publicklie read and considered by the assemblie immediatly after the election of a Moderatour and constitution of the Members before the which there was no assemblie established to whom the same could have been read Next that ruling Elders were permitted to have voyce in the election of commissioners from Presbyteries which was knowne to His Grace before the indiction and meeting of the assembly and is so agreeable to the acts and practise of this church inviolably observed before the late times of corruption that not one of the assembly doubted thereof to whom by the indiction and promise of a free assembly the determination of that question anent the members constituent propertie belonged And last that the voyces of the six Assessors who did sit with His Grace were not asked and numbered which we could not conceive to bee any just cause of offence since after 39. Nationall assemblies of this reformed church where neither the Kings Maiestie nor any in his name was present at the humble and earnest desire of the assembly His Maiesty graciously vouchsafed His presence either in His owne Royall Person or by a commissioner not for voting or multiplying of voyces but as Princes and Emperours of old in a Princely manner to countenance that meeting and to preside in it for externall order and if Wee had been honoured with His Maiesties Personall presence His Maiestie according to the practice of King James of blessed memorie would have only given his own Iudgment in voting of matters and would not have called others who had not been cloathed with commission from the church to carry things by pluralitie of voyces Therefore in conscience of

our duetie to God and his trueth the King and his honour the Church and her liberties this Kingdome and her peace this Assemblie and her freedome to our selves and our safetie to our Posteritie Persons and Estates Wee professe with sorrowfull and heavie but loyall hearts That Wee cannot dissolve this Assemblie for the reasons following 1. For the reasons alreadie printed anent the necessitie of conveening a Generall Assemblie which are now more strong in this case seeing the assemblie was alreadie indicted by his Maiesties authoritie did conveene and is fully constitute in all the members thereof according to the Word of GOD and discipline of this church in the presence and audience of his Maiesties Commissioner who hath reallie acknowledged the same by assisting therein seven dayes and exhibition of His Maiesties Royall Declaration to bee registrate in the bookes of this assemblie which accordingly is done 2. For the reasons contained in the former Protestations made in name of the Noblemen Barons Burgesses Ministers and Commons whereunto We doe now iudicially adhere as also unto the Confession of Faith and covenant subscribed and sworne by the body of this Kingdome 3. Because as Wee are obliged by the application and explication subioyned necessarily to the Confession of Faith subscribed by Us So the Kings Maiestie and his Commissioner and Privie Councell have urged many of this kingdome to subscribe the Confession of Faith made in anno 1580. and 1590 and so to returne to the doctrine and discipline of this Church as it was then professed But it is cleare by the doctrine and discipline of this church contained in the booke of Policie then registrate in the bookes of assemblie and subscribed by the Presbyteries of this church That it was most unlawfull in it self and preiudiciall to these priviledges which Christ in his Word hath left to his church to dissolve or breake up the assemblie of this church or to stoppe and stay their proceedings in constitution of acts for the welfare of the church or execution of discipline against offenders and so to make i● appeare that Religion and Church-government should depend absolutely upon the pleasure of the Prince 4. Because there is no ground of pretence either by Act of Assemblie or Parliament or any preceeding practice whereby the Kings Majestie may lawfully dissolve the Generall Assemblie of the Church of Scotland far lesse His Majesties Commissioner who by his commission hath power to indict and keep it secundùm legem praxim But upon the contrary His Majesties prerogative Royall is declared by Act of Parliament to be nowayes prejudiciall to the priviledges and liberties which God hath granted to the spirituall office-bearers and meetings of this Church which are most frequently ratified in Parliaments and especially in the last Parliament holden by His Maiestie himself which priviledges and liberties of the church his Maiesty will never diminish or infringe being bound to maintaine the same in integritie by solemne oath given at His Royall Coronation in this Kingdome 5. The Assemblies of this Church have still inioyed this freedome of uninterrupted sitting without or notwithstanding any contramand as is evident by all the Records thereof and in speciall by the generall Assembly holden in anno 1582. which being charged with letters of Horning by the Kings Maiestie his Commissioner and Councell to stay their processe against Master Robert Montgomerie pretended Bishop of Glasgow or otherwise to dissolve and rise did notwithstanding shew their libertie and freedome by continuing and sitting still and without any stay going on in that processe against the said Master Robert to the finall end thereof And thereafter by letter to his Maiestie did shew clearly how far his Majestie had been uninformed and upon misinformation prejudged the prerogative of Jesus Christ and the liberties of this Church and did inact and ordaine that none should procure any such warrant or charge under the pain of excommunication 6. Because now to dissolve after so many supplications and complaints after so many reiterated promises after our long attendance and expectation after so many references of processes from Presbyteries after the publick indiction of the Assemblie and the solemne Fast appointed for the same after frequent convention formall constitution of the Assemblie in all the members thereof a and seven dayes sitting were by this act to offend God contemne the Subjects petitions deceive many of their conceived hopes of redresse of the calamities of the Church and Kingdome multiply the combustions of this Church and make every man despaire heereafter ever to see Religion established Innovations removed the Subjects complaint respected or the offenders punished with consent of authoritie and so by casting the church loose and desolate would abandon both to ruine 7. It is most necessary to continue this Assemblie for preveening the prejudices which may ensue upon the pretence of two Covenants whereas indeed there is but one That first subscribed in 1500. and 1590. being a Nationall covena●● and oath to God which is lately renewed by ●s with that necessary explanation which the corruptions introduced since that time contrary to the same inforced which is also a knowledged by the Act of councell in September last declaring the same to bee subscribed as it was meaned the time of the first subscription And therefore for removing that shame and all preiudices which may follow upon the show of two different covenants and confessions of Faith in one Nation The Assemblie cannot dissolve before it trye finde and determine that both these covenants are but one and the selfe same covenant The latter renewed by Us agreeing to the true genuine sense and meaning of the first as it was subscribed in anno 1580. For these and many other reasons Wee the Members of this assemblie in our owne name and in the name of the Kirk of Scotland whom Wee represent and Wee Noblemen Barons Gentlemen Ministers Burgesses and Commons before mentioned doe solemnely declare in the presence of the everliving God and before all men And protest 1. That our thoughts are not guiltie of any thing which is not incumbent to us as good Christians towardes God and loyall Subjects towardes our sacred Soveraigne 2. That all the Protestations generall or particular proponed or to bee proponed by the commissioner his Grace or the Prelates and their adherents may bee presentlie discussed before this generall Assemblie being the highest Ecclesiasticall iudicatorie of this kingdome and that his Grace depart not till the same be done 3. That the Lord commissioner depart not till this Assemblie do fully settle the solide peace of this church cognoscing and examining the corruptions introduced upon the doctrine and discipline thereof and for attaining hereof and removing all iust exceptions which may bee taken at our proceedings we attest GOD the searcher of all hearts that our intentions and whole proceedings in this present assemblie have beene are and shall be according to the word of GOD the lawes and