A DECLARATION of the just causes of his majesties proceeding against those Ministers, who are now lying in prison, attainted of high treason.  
AS his majesties fatherly care hath ever been so great towards his people and loving Subjects, as he hath not only been careful to govern them by just and aequitable Laws, but likewise hath ever had a special respect to the true and right information of their minds as touching all his public Actions and proceed: So for this purpose he hath ever from time to time by public Declaration and Proclamation interpreted and explained to all his loving Subjects his true intention and sincerity of his meaning, that thereby his subjects knowledge of his will, and of the grounds moving him thereunto, being joined to their dutiful and natural inclination of obedience, a reverent love together with a fear to offend, might be continually increased and nourished in their hearts, their obedience not proceeding of a naked fear, but from a fear mixed and strengthened with love for good reasons, and founded upon a good conscience and clear knowledge of the truth.  
And as this his majesties fatherly care hath ever since his majority of years most clearly appeared in all the points of his highness government in this his kingdom of Scotland: So now upon that late occasion of the Rebellious and traitorous misbehaviour of some particular Ministers within this Kingdom, his Majesty continuing his former loving custom towards his Subjects, hath thought convenient to set out this present declaration for satisfaction of his highness Subjects of all ranks, concerning his majesties course and proceed in this case.  
And because he hath just reason to conceive, that if any of whatsoever estate or degree of his majesties Subjects be so undutiful, as to have any scruple of the justice and necessity of his highness proceed herein, it doth only proceed of ignorance or mistaking the truth of his highness actions: His Majesty is therefore moved to think that there can be no so good and sure way for true information of all his Subjects, as to set down unto them the true state of the question, together with all that hath followed and risen thereupon, The mistaking whereof (his Majesty doth assure himself) is the only cause from whence all scruples in some men's hearts (if any be) do spring and proceed.  
His Majesty for the three or four last years together before his departure out of this Kingdom, being carried with a most ardent Zeal and earnest Affection to the advancement of God's glory and establishing of the Religion presently professed, never spared to undergo in his own most Royal and sacred Person almost intolerable pains and fashery for preventing of all disorders and corruptions which crept into the Church, and for setting down and establishing such a  and comely form of government as might be able to preserve the purity of our Profession, and procure the establishing of a  Peace and quietness in the Church. And for that cause he was ever present at all the frequent Meetings and Assemblies of the ministery in this kingdom. And if his majesties affairs and other incident occasions had been such as he could not be able to keep the appointed place and diet to the which he had called the assembly, his Highness did ever carefully prorogate and continue it, to such other time and place as his leisure might permit him to be present at the said meeting. And as his Majesty by those his traveils had already put this our Church in a good beginning and forwardness of a good order and frame: so he no way doubteth, but if he had made any longer stay amongst us, he would with God's assistance have brought it by this time to a reasonable and expected perfection. But such is the malicious envy of the evil disposed sort, grudging at the progress of any good matter, that some of those Ministers who ever had been hinderers and crossers of that good work as far as they durst, even in his majesties own presence, conceiting with themselves, that now in his highness absence from this Country (with whom they supposed all memory and regard both of Church and Common wealth had been altogether forgotten and neglected) and that by reason of the assignment of a day in the month of july last passed, for keeping of an assembly (betwixt the appointment whereof and the time itself, intervened that most happy and necessary cause of his Highness going into England) they thought a very fit occasion was offered to them for prosecution of their intentions. And therefore they endeavoured, to the uttermost of their power, to reverse and overthrow all those good orders and godly Constitutions formerly concluded for keeping of good order in their Church, And partly by secret suggestion of false calumnies to the simple and ignorant, and by plotting and combination with those of more turbulent spirits, who knowing that their own inability would impede them to be any way preferred, made choice with the Camel to drink in muddy water, and by perturbing of matters rather to overthrow all good order, then that by settling of the Church-government, the virtues of others, and their vices and imperfections should be clearly discovered and distinguished.  
Therefore to assure themselves the better of the compassing of this their design, they spared no time, nor left no mean unassayed to preoccupy men's opinions, to anticipate their votes, and to make up a strong Faction against the meeting of that assembly, thereby fully intending to bring the estate of this Church to a most evident confusion and disorder.  
Upon some notice of the which mischievous Plots and Machinations, his Majesty considering, that his absence from that future meeting of Assembly, and the near approaching of the time appointed for keeping thereof were embraced by those turbulent spirits as fit opportunities and good occasions offered unto them so to overrule that matter by thus preparing and packing up of Votes beforehand, that howsoever the better sort should oppose themselves thereunto, yet they should be sure to make the estate of this Church without any rule at all: And therefore his most excellent Majesty continuing in that fatherly care which he ever carried to this Church and Realm, by his highness Letter signed with his own hand, directed to the Commissioners of the general Assembly, signified unto them his special Pleasure and will, That that meeting and assembly appointed to have been the second of july now last passed, should be deserted; and that no new Indiction should be made either of day or place without his majesties consent. And thereafter he desired, that some of the Bishops, and also some of the best, wisest, and most religious of the Ministry, should repair towards his Majesty with all convenient speed, That his Highness with their advice might not only resolve upon all such grounds as were fittest and most expedient for the settling of the Peace of the Church, but might also appoint some fit and convenient day and place for holding of a new Assembly. Upon the receipt of the which Letter, the said Commissioners of the Assembly, by their Missives directed unto all the Presbyteries of the Kingdom, certified them of his majesties pleasure and will, concerning the deserting of that Meeting; Willing them that they should not in any case send their Commissioners to keep that day formerly appointed, and now by his Majesties warrant deserted, but that they should expect the appointing of a new day and place for keeping of an Assembly. But so far were some of the ministery from making any account of his majesties directions (a thing most detestable in any subject, much more in any of the ministery, whose Doctrine, Life, and whole Actions ought to be Lanterns to others of all dutiful obedience to their Prince) as by the contrary, in plain contempt thereof, most seditiously they convened at Aberdene. And being guilty to themselves of their own inability, unworthiness, and small gifts, conjoined with a bad inclination, they being in despair that in doing good they should ever become memorable, and overruled with a burning desire of vain glory, resolved by overthrowing the government of this Church, and by inducing all disorder thereinto, to make themselves (at least for their evil) famous with that sometime burner of the Temple at Ephesus. And howsoever the advertisement of his majesties Pleasure and will for the deserting of the said Assembly sent by the Commissioners, was dutifully received and willingly obeyed by the whole Presbyteries almost of this Kingdom; Yet some few Ministers (not exceeding the number of eighteen or nineteen persons at most, overruling the rest of their poor brethren of their eight or nine several Presbyteries, over whom, by reason of their said brethren's simplicity, and their own craftiness, they had got in time passed very much advantage, & had them in a manner tied to their girdles to consent to any thing whatsoever) so brought it to pass, as by their procurement, the Declaration of his majesties pleasure was contemned, and they themselves chosen Commissioners to that Meeting, which by his highness commandment was deserted.  
And we of his majesties Counsel fearing that the presumption of these few (howsoever in words professing, yet in their deeds directly impugning his majesties Authority Royal, under a coloured pretext of their zeal to Religion, which alas is now most detestably abused as an ordinary cover and excuse for every treason and trespass) thus convening without regard of his majesties command made to the contrary, might be a dangerous preparative to the whole Estate, considering that those who should be the teachers of others, were now become the only violators of their obedience to their most gracious and religious Sovereign: Therefore we directed Sir Alexander Strayton of Lawrenston Knight to the said Borough of Aberdene, with special warrant and commandment to prohibit and discharge that few number of Ministers from convening at all; and also by a special Missive written unto them, we signified his majesties pleasure concerning the deserting of that Diet. Notwithstanding the publication of which charge at the Market Cross of Aberdene the day before their meeting, they being all in Town, and of the delivery of our Letter; the next day thereafter they being all convened, were so far from carrying any respect to the charge which was directed and executed in his majesties name, or to the Missive sent from us, or to the bearer being his majesties Commissioner in Church affairs; as the first being contemned directly, the Letter was superficially answered, and the bearer (whose presence at all their doings was ordinarily most necessary) was nevertheless at this time excluded forth of doors all the time of their keeping that Assembly till the end thereof.  
A particular relation of all which circumstances being faithfully made to his Majesty, his Highness took occasion with his own hand to pen a Declaration, whereby not only all pretext of excuse or defence which may be pretended by these Ministers is clearly refuted, but also their proud contempt and disobedience is made so manifest, as we do fully assure ourselves, no scruple of doubt will remain with any who is not perversely preoccupied to distrust all verity.  
The Declaration we have presumed to insert in this place, as it came from his Majesty himself, and is this.  

BEcause this unruly handful of Ministers that made the fashion of keeping of this pretended Assembly, together with their Associates and Allowers, do so much brag of the equity of their cause, and wilfully maintain that the ground of their proceed was most just and necessary, and if any error was therein, it was only in form, which proceeded out of necessity, in respect of the unlawful restraint of their liberty, as they allege: we have herefore thought good to set down most succinctly and shortly the vine Anatomy of their actions, and the true state of their cause; to the intent that power being joined to reason (as ever hath been our constant form of proceeding) in all our government, their nakedness being truly discovered, the due punishment to be inflicted upon them may the better appear in their own colour as well as their transgression. And therefore whereas they brag of warrant of conscience, warrant of law, the due observation of their own customs and liberties, and the respect of the weal of the Church, as the true Motives of this their unruly and seditious contempt; The contrary of all these shall be made clearly to appear.  
And first for warrant of conscience for their general Assembly, which they term the Counsel of God, in the whole old Testament they will not claim to any warrant of a general Assembly; And in the whole new Testament they can allege no warrant for general Assemblies, but that convention of the Apostles at jerusalem mentioned in the Acts of Apostles, which indeed was an universal counsel of the whole Church, and no ways like to a particular Scots general Assembly: and therefore they must leave the Scripture, and have recourse to the example of the Primitive Church for warrant of particular Nationall Counsels, To which warrant we are assured that they will be ashamed to claim, in regard many Rites and Ceremonies, such as Vestments, Cross and Confirmation, will be found in the same Primitive Church which they do utterly abhor. And since the Emperors (how soon they became Christians) had the only undoubted authority in their persons of convening general Counsels, which never was taken from them while the Pope ascended to the height of his abominations; how much less ought that authority be denied to a Christian Monarch in the assembling of a Nationall Council of his own Subjects, who hath far greater and juster Dominion over his own people, than any usurping Emperor could claim over the face of the whole Earth? And if they will allege the new purest writers of our days, professors of our Religion, That by their missive Letter both to the Prince, and State of the Church of Scotland, they have wished the holding of frequent Assemblies in that Country (but always by the king's permission) as a mean whereby both doctrine and discipline might be maintained without disturbance, and much good thereby procured in the Church of God; yet these very arguments of theirs do declare, that they only persuade it by way of advise as a thing very convenient, and did not set it down as a rule of necessity and an infallible law.  
Next as to the warrant of our Law in that kingdom, It is first to be generally observed, that no privilege that any King gives to one particular body or state within the kingdom of convening & consulting among themselves, is to be understood to be Priuatiuè given unto them, and so the King thereby depriving himself of his own power and prerogative, but only to be given Cumulatiuè unto them (as the Lawyers call it) without any way denuding the King of his own power and authority. As for an instance (which hath been too frequent in all this I'll these years past, saving the pleasure of God) Every Burgh Regal have their own times of public mercates allowed unto them by the Law, and the King's privilege: but when the plague happened in any of these towns, did not we by proclamation discharge the holding of the market at that time for fear of infection, and yet thereby did no prejudice to their privileges, neither did any of them ineptly murmur, much less enter into that high contempt as to say they would obey the King's Laws in keeping their privileges, and not the particular restraint thereof at that time for necessary causes?  
And as to the nature of their particular privilege in holding of assemblies, they have in this their last pretended Assembly broken the limitations of that privilege that is clearly set down in the first Act of the Parliament, in the 92. year, which is the latest and clearest warrant for their Assembly. For there it is specially provided, That as we give them licence for holding of their Assemblies once in the year or ofter as occasion shall require, (which proves that all their power only proceeds from us) So must it not be convened without our own presence or then of our Commissioner, nor no day nor place set down for the next Assembly but by Our or our Commissioners appointment, except we be not pleased neither to go in our own person, neither to send any for assisting the said Assembly. And how these limitations have been observed by them at this time, let the world judge, first in not only refusing the presence of our Commissioner, but most contemptuously and injuriously barring the door upon him, and next in setting down the diet of the next Assembly, without either his privity or consent.  
And as to the third point of their justifying themselves by the warrant of the constitution & custom of their own Church, we would know what warrant they have for holding of a new assembly without the presence either of the moderator of the last; or of the ordinary clerk of the assembly; The Clerk specially at that instant being dwelling in the same town where they convened. For their custom hath ever been, that the moderator should call for all the Commissioners name by name, should see their commissions from their Presbytery, should give them the lytis for election of a new moderator, and make their names (the parties being removed) freely to be voted among them; but first of all the moderator ought to preach unto them, and out of the word of God teach them their duty at that meeting. But as this their pretended Assembly was kept in contempt of our authority royal: So had it (praised be God) no beginning at the word of God, without the which order in their proceeding, we would know what might let as many sundry general Assemblies to be convened at one time in diverse places of that country, as there are several numbers of nineteen ministers through the country: And so there should be at one instant far more general Assemblies in Scotland one against another, than ever there was Popes in one time in our adversary Church. And if they would allege that the straightness of these evil days (wherein they live) compelled them to omit diverse of their ancient and lowable customs, that cannot but imply a direct accusation of our tyranny, for which this answer may suffice, That besides our known sincerity in religion and constant love to do justice to all our people: They can never allege that they did so much as to send a petition either to ourself, or in respect of our absence to our Counsel there, for permission of this Assembly. For whereas they allege that this day was continued by us and the Commissioners of the Church without affixing a new diet; we think the least they could have done, had been humbly to have craved the appointing of a new diet, and patiently to have expected either our answer or our Counsels thereupon, rather than by this their outrageous contempt to have proclaimed either our unjust persecution of them, or else (which is the truth) their arrogant and seditious disobedience.  
And lastly, how carefully they respected the weal of their Church in this course, it is manifest to the world: First, by needless irritating against them their ancient, lawful, religious and most merciful King, whereas they might have come to their own end by their mild behaviour and due obedience. And next by making as needless a separation betwixt all the rest of their learned, wise, grave and dutiful brethren, and them, who for their parts are in this case according to their quality as far lightlied and disgraced by them, as we are disobeyed. And thirdly, by bringing on a public scandal hereby upon their profession, as rebellious to so religious and just a King, whereby the adversaries of our religion (who like roaring Lions go about to watch such opportunities) may fill their new books and pamphlets with such scandalous memorial against our religion. And lastly, what charity they have by this their behaviour used towards their puritan brethren in this country, they themselves may easily guess, having by this their contempt done nothing else, but animated and spurred us to the straighter animadversion and order taking with them; lest otherwise, as they are both favourers of one discipline, so they may some day by their example (if they had as great liberty) give proof of their like disobedience and contempt of our authority.   
NOw leaving it to every one to observe both the Patience and Piety of a most puissant Prince; His Patience, that after so great a contempt committed by so mean, base, and abject persons, who were never any way remarkable as men of great gifts, but were specially noted of too great a desire to be made famous, if by no other means, yet at least by their troubling and overturning of matters: And although his Majesty had most just cause of offence against some of them for their great oversight in former time, and that others of them had most undutifully in that same action made breach of some promises made by them vnrequired, to his Majesty himself very few months before: Yet so superabundant was his lenity and patience towards them, that after the committing of the contempt, they were not committed presently, but suffered to stay at home at their own houses: neither were they presently brought to their answer; but his Majesty most patiently in hope of their repentance was pleased a long time to supersede the ordinary course of Law against them. And herewithal his majesties Piety doth most clearly shine, that being even since his infancy a most gracious nurse-father of the Religion professed, and protector of the professors, but specially of the Teachers of the same; And notwithstanding that the contempt committed was so heinous, as by the ordinary course of justice, his Majesty might presently have been avenged of those disdainers of his Authority and Royal commandments: yet so far was his Majesty from any rigorous proceeding against them, as by the contrary, to the intent to recall them back, who were now so far astray out of the pathway of obedience, (a most pitiful, yea a most abominable thing in a Minister) it pleased his sacred Majesty most graciously of himself to set down that former Declaration, that upon the view thereof, these Ministers might see their offence, confess their guiltiness, and crave pardon. Wherein howsoever some of them were ever all their life, and likewise at this time so rammage, that they could not be recalled by any lure; yet were six or seven of that number of nineteen which first convened, so moved and touched with that open Discovery made by that Declarator, of their oversight, as in all humility before the Lords of his majesties Council then present, protesting their great sorrow for their offence, excusing themselves upon their ignorance, and purging themselves of all wilfulness in that action, they besought their Lordships to be mediators at his majesties hands for a pardon to them. Who presently upon their humble submission (according as his Majesty had been pleased to signify his will and mind to his Council) were dismissed, and sent home to their houses to attend their charge and ministery over their own flocks. So far was his majesties heart from intending any rigour against any of that Profession, as by the contrary, by his majesties present pardoning of them upon their submission, it doth manifestly appear that his Highness was far more willing and ready to embrace their penitence with clemency, than they could be capable to deserve the same; imitating herein his great King the king of all kings, who never desireth the death, but the amendment of the sinner. And yet it is most true, that those so dismissed upon their humble submission and repentance, were men of no less gifts, but of far greater sincerity, known good life and conversation, and nothing inferior to those others which remain still obstinate, but in unquietness of spirit, haughtiness of mind, and desire of breaking the Peace of the Church. But before any further be touched of their conventing before any judge, or that any relation be made how by their pertinacy of maintaining the first fault (being a most presumptuous riot) they came next within the compass of no less offence than Treason: it is not unmeet that the very point of their first crime, for which they were brought in question, to answer before his majesties Counsel, were clearly set down, as well to refute those vain subterfuges of excuses and pretexts they make for their obstinacy, as to remove from the godly, religious, and well disposed Subjects, all scruple of any such matter whereof those ministers and their favourites by lying rumours would sow the seeds amongst the simple sort, whom they very well know, and we often find to be too credulous of every false report.  
As therefore the keeping of a general Assembly was not the matter in question: so is it of verity, that by this accusation against these disobedient ministers, there was nothing laid to their charge concerning the lawfulness or unlawfulness of a general Assembly, nor yet of the power and limits thereof; but that they had unlawfully made a privy Conventicle, not only directly repugnant and against his Majesty and Counsels charges and direction, but even as well against the continual custom and practice of the Church, as their present consent which was well witnessed by all the Presbyteries, abstaining from directing any Commissioners thither, saving that small number of Presbyteries already recited, whereof they were the Commissioners, for they not only disobeyed his majesties Authority, who had discharged that time and place of meetings, but even the will and direction of their own Church, whose disassenting to their proceeding, was not only manifested by the Commissioners of the general Assemblies letter, certifying all the Presbyteries of the deserting of the said Assembly, but also the Church did by their not sending of Commissioners to that diet, clearly demonstrate their obedient acknowledgement and acquiescing to his majesties will in that behalf, of whose power and lawful Authority in appointing or continuing the times and places of meeting of Assemblies they never doubted, being so often practised, (as is already rehearsed) in his majesties own person, and declared to be his prerogative by that same Act of Parliament by which they are warranted to keep the said Assemblies. And if those Ministers who stand so obstinate in defence of th' assembly (which they must confess hath only warrant from that Statute in 92.) would consider how far the Prince may dispose of the meetings of the Parliament itself, as either to prolong, hasten or desert the meeting thereof; and being convened, may dismiss the same without doing any thing at all therein; What foolish prerogative and supereminence is this (seeing they must needs acknowledge themselves subalteme) which they would claim above the most supreme, high & Honourable meeting of the whole Kingdom? except it be, as so many Popes in their own conceit, they would exemps themselves altogether from all Saeculart power. And so the particular cause whereupon these Ministers were convented before us, was nothing else, but that they most seditiously, contemptuously, and in plain disdain of his majesties Princely commandments and authority Royal, did convene themselves in a privy conventicle, which they (wronging not only his Majesty but the Church, as is already declared) proudly, seditiously, and most falsely termed and maintain to be a general assembly, notwithstanding of his highness pleasure and will signified to them and their Presbyteries by missives from the Commissioners of the general assembly, that the meeting appointed at Aberdene should desert; And notwithstanding of the prohibition by public Proclamation at the market cross of Aberdene, and of our Letter sent unto them by the said Sir Alexander Strayton.  
And how unlawful and undutiful their pretended excuses are, being grounded as they allege, upon the fear which they conceived of the suppressing of their assemblies, and overthrow of their discipline by the deserting of that assembly once appointed, let the world judge; since not only his majesties zeal and care for the maintenance of the Religion is well known to all men, but even in special his great love to this people, in not intending to lay upon them any new forms or ceremonies, is well manifested of late, by that Proclamation which his Majesty hath caused to be published for clearing of all such doubts out of his people's heart: The tenor whereof followeth.  

WHereas we have ever since it pleased God to establish us in the Imperial Crown of great Britain, equally regarded the good of both the late Kingdoms of Scotland and England, now happily united in our royal person in one Monarchy, ever minding to maintain and continue the good and lowable customs and Laws whereby each of them hath been these many ages so worthily governed: nevertheless some malicious spirits, enemies to that common tranquillity so much desired by us (forgetting the many proofs both public and private, which we have given of that our gracious affection to that our native and ancient country of North Britain, of the freedom, liberty and privileges whereof we have at all occasions taken so special a patrociny, as the solemn assemblies of the Estates of South-Britaine, and Commissioners from the Estates of both Kingdoms have been eye witnesses) have not been ashamed to labour to pervert the minds of our best affected Subjects, That whereas the insolent and factious carriage of some of them hath merited most severe animadversion, the would insinuate themselves in the commiseration of the multitude, by assuming unto them a glorious profession of the maintaining of the Privileges and authorised Discipline, intended by us (as they affirm) to be utterly overthrown by a sudden and unseasonable laying upon them at this present the Rites, Ceremonies, and whole Ecclesiastical order established in the Church of this part of our Kingdom of Britain. And as we have ever carefully regarded how convenient it is to maintain every Country in that form of government which is fittest and can best agree with the constitution thereof, and how dangerous alterations are without good advice and mature deliberation, and that even in matters of order of the Church, in some small islands under our Dominions, we have abstained from suffering any alteration: So doubt we not, but our good Subjects will never be that credulous contrary to the known truth, which hath ever appeared clearly in all our Actions, as to be in any doubt, but as in all our proceedings we have been a Patron of Religion and justice (too inseparable conservers of all Monarchies,) So hath all our study and care ever been to retrench and reform all courses that carried any prejudice to that integrity whereat we have ever aimed, and as by so many good Laws set forth in our government, justice hath attained to another perfection and splendour, than it had in any our predecessors times, and with painful and unpleasant business, we have in the discipline of the Church taken away innumerable abuses and corruptions, which if they had not been remedied, had brought the purity of Religion in extreme danger. Yet we hope that none dare be so impudent as to affirm that by our Sovereign power, or absolute commandment we did the same (although we enjoyed our authority a freely as any King or Monarch of the world) but as the disease of the Civil body was ever cured by the advice of our three Estates, So the defects of the Church by the help and counsel of those who had greatest interest in them, So as the presumption of our by-gone actions in our administration, whiles we were present, the proof of our fatherly care towards that part of our Kingdom since our residence here, may be sufficient to secure us against all such malicious calumniations. And how ever in rule of policy we cannot but judge it convenient that two Estates so inseparably conjoined, should be drawn to as great conformity in all things as the good of both may permit; And that no Monarchy either in Civil or Ecclesiastical policy hath yet attained to that perfection, that it needs no reformation, or that infinite occasions may not arise whereupon wise Princes will foresee for the benefit of their States, just cause of alteration: Yet are we and have ever been resolved, not to make any sudden or hasty change in the government of that part of our Kingdom, either Civil or Ecclesiastical, but with grave advice and consent of our Estates, and the wisest and best sort of them whom it most properly concerns, much less to trouble them with any unnecessary alteration of indifferent and Ceremonial matters, and that upon such foreseen advantages, and prevention of confusion and evil to come, as the greatest enemies of all Peace, obedience to Princes, and order in all governments shall not obtrude any inconvenient to the contrary. And as by God's holy assistance, we have drawn that part of our Kingdom out of infinite troubles, factions, and cruel barbarities, and reduced the uttermost borders and confines thereof to God's obedience, and acknowledging of our Laws; (an Estate never heard of before, since this Island hath been inhabited) So by the same divine providence and our fatherly care over the whole Island, we intent to transmit the same in good order, happy quietness, and flourishing policy to that posterity wherewith God hath blessed us, and after them to the world's end; Like as for the more verification of our Honourable intention, and to stop the mouths of these unquiet spirits, raysors of that false scandal of alteration, We have appointed a general assembly to be holden at Dundee the last Tuesday of july, whereat we expect reparation of those disorders in so far as belongeth to their censure, and to be freed in time coming of all such calumnies.  
Given at our Honour of Hampton Court the xxuj. day of September 1605. years, In the third year of our reign of Great Britain, France and Ireland.   
AFter the publication and imprinting of which Proclamation for indiction of a new assembly, it being still hoped by us that those Ministers remaining in Ward, upon the sight of their own offences, with repentance for the same, should humbly have besought his Majesty for pardon; yet did their obstinacy still continue, justifying all their proceed, as if they had committed no crime at all. Whereupon we of his majesties Counsel, fearing the imputation of undutiful and undiligent servants, if by this our procrastination (upon vain hopes) of the trial of their offence, we should leave it under the hazard of every one's censure to be judged by the multitude, according as their particular conceits should lead them; It was therefore thought meet to call them to their answer before us, for that their most seditious, proud and contemptuous disobedience to his majesties commandment and prohibition. Being called upon and all present, and inquired what defence they would make for themselves, either to justify or excuse that their intolerable riot and contempt, first by speech, and then by writ they gave in the declinator following, as disclaiming themselves altogether from any subjection to his Majesty, and his Counsel, making all their actions of whatsoever sort (by their own interpretation) to be mere Spiritual, and that their meeting the second of july last at the Borough of Aberdene, was such an essential Ecclesiastical matter, warranted by God's word, that therein they did no offence. And if any they had done, the Counsel of any secular Prince was no way to judge them, but their own assembly. A most lewd & vain position; It being a certain and infallible Maxim in the Law, that their answer could not exceed the limits of the Libel and accusation: And therefore they being only accused at that time for such a private and unlawful misdemeanour, their declinator could not but directly deny his majesties authority in that particular point. Whereof we have likewise set down the tenor.  

MY Lords of secret Counsel; Pleaseth your Lordships, The approbation or disallowance of a general Assembly, hath been, and should be a matter and cause Spiritual, and always cognosced and judged by the Church, as judges competent within this Realm. And seeing we are called before your Lordships to hear and see it be found and declared, That we have very contemptuously and seditiously convened and assembled ourselves in a general Assembly at Abeirdein the first Tuesday of july last, and therefore the said Assembly, and approbation thereof discerned and declared to be unlawful, as at more length is contained in the summons executed against us thereanent; We in consideration of the premises, and other reasons to be given by us, have just cause to decline your Lordship's judgement, as no ways competent in the cause above specified. And by these presents we simpliciter decline the same, Seeing we are most willing to submit ourselves to the trial of the general Assembly only judge competent. By these presents Subscribed with our hands as followeth, At Edinburgh the 24. day of October, the year of God 1605. years, Sic subscribitur: M. john Forbes, M. john Welsche, M. jon Monro, M. Androe Duncane, M Alexander Stranchane, M. james Greig, M. William Forbes, M. Robert Yongston, M. Nathan Inglis, M. Charles Farm, M. james Irwing, M. john Scharp, M. Robert Durie, john Rosse.   
THis Declinator being repelled, and they having used some other frivolous defences with more loss of time then uttering of any matter, at last all being repelled, they were found to have convened most unlawfully contrary to his majesties warrant and charge given to the contrary. And being returned to their several prisons, upon advertisement given to his Majesty of the whole proceed in that Process before the Counsel, and of that proud presumption of those ministers in propounding the said Declinator, without any respect to that Act of Parliament made in Maij 1584. or any pain which they incurred by doing thereof (which was, That any persons either Spiritual or Temporal presuming to decline the judgement of his Majesty and his Counsel in any matter whatsoever, shall incur the pain of Treason) therefore his Majesty presently sent his Royal direction to his Counsel, that the ordinary course of justice according to the Laws of this his highness Realm, should proceed against those ministers, who by the propounding of that Declinature had made a plain denial of their subjection to his Majesty, and of his Royal power and Authority over them. Whereupon six of them being then in prison within the Castle of Blackness, were upon the tenth of januarie last brought to his majesties Borough of Lynlithgrw, and there presented upon panel before his highness justice being the ordinary judge of all matters Criminal, who had joined to him a great number of Noblemen and others of his majesties Counsel by his highness Commission to assist the said justice in that matter. And their Indictment being grounded upon that first Statute made in Maij 1584. and upon that their presumptuous Fact in declining the Counsels judgement when they were first brought to their answer, they were then demanded what they could say for themselves before the matter should pass to the trial of a jury. And notwithstanding that some of their own brethren, upon earnest request to the Counsel having obtained Licence & permission to confer with them and persuade them to an humble submission and penitence; as likewise that their two principal Procurators and Counsellors at Law not being able to persuade them to this same course of humility wherein they dealt with them earnestly, did upon their obstinacy directly refuse to plead for them; and lastly notwithstanding that they were publicly admonished by the judge the very time of their standing at the Bar, that putting off that mask ot wilfulness (the only thing which so blinded them from sight of their own follies) they would humbly crave his majesties pardon, of whose great Clemency, in case of their submission, all that were present, had very great hopes and uttered great assurances: Yet such was their malignant and indurate obstinacy, as hardening their hearts against all these public and private persuasions and admonitions, they wilfully persisted in justifying their Actions; Having still the assistance of so many counsellors at Law as would stay with them: and the only thing they could allege for themselves why they should not go to the trial of an Assize, was, that the said Statute of Maij 1584. was thereafter interpreted and limited by a particular clause of a Statute made in 1592. wherein it is declared that the said Act made in 1584. against the declining of the Counsels judgement, shall no way be prejudicial nor derogate any thing to the privileges which God hath given to the Spiritual office-bearers in the Church, concerning heads of Religion, matters of Heresy, Excommunication, collation or deprivation of Ministers, or any such like essential Censures, specially grounded, and having the warrant of the word of God. And herein they do allege that their meeting at that time in Aberdene being an essential censure, warranted by God's word, they might lawfully decline the Counsel's judgement from taking cognition therein.  
Whereunto it was answered by his majesties Advocate of that his highness Kingdom, That that their defence was to be repelled, because the keeping of an Assembly at a certain time and place, and the appointing of another assembly of new, contrary to his majesties charge, and against the will and command of his highness Counsel of this Kingdom, and notwithstanding of the disassenting of his majesties Commissioner; much less the keeping of that petty Conventicle in the town of Aberdene that second of july last passed, is not any head of Religion, matter of Heresy, Excommunication or essential Censure whatsoever; and so being no way under that limitation, must of all necessity come under the generality of the former Statute in the 84. and they must have incurred the pain of Treason for declining the Counsels judgement, being called to their answer upon their contempt. And likewise in that same very clause of interpretation of the former Act, however it is declared that the said Statute shall no way make derogation to the Privilege that the office bearers in the Church have given them concerning Religion, Heresy and other Ecclesiastical censures (wherein his Majesty will be ever far from the assuming unto himself any Papal and tyrannical Authority over the express word of God) Yet doth not that clause infer such a Privative of his majesties Sovereignty, as may denude him of that lawful power which Christian Kings have over the Churches that are within their dominions. The matter going to the trial of an Assize, these six are found guilty of high treason, and returned to their several prisons. And therefore as hereby this proud contempt and disobedience of this small handful of ministery (to the very great grief and sorrow of all the well disposed of that profession in this kingdom) is clearly and truly set down (that the ignorance thereof should not be the occasion of mistaking by any, of the most just and necessary causes enforcing this hard proceeding against them) so are the said wilful and obstinate persons to be left to their just punishment for their deserts, whereunto they have most contentiously constrained his Majesty, and in a manner extorted the same against his will.  
And nevertheless since there is no contempt whatsoever, but hath the own favourers, no folly but by some patronised and allowed, and that upon vain curiosity (notwithstanding of their knowledge to the contrary) some will not stick to maintain Paradoxes and defend absurdities, which (howsoever in matters frivolous and of no moment might be overslipped & not regarded) yet in such matters concerning his majesties royal Authority, and the excusing or justifying of high and proud contempts by any sort or rank of persons, so far should we of his highness counsel (in our duty and allegiance to our Prince and Sovereign) be from any sort of carelessness or negligence, as hereby we have thought meet to signify his majesties special pleasure and will, that he doth straightly command & charge all his highness subjects of this his Kingdom (of whatsoever rank, place, calling, function or condition they be) that none of them presume to take upon them, either in public or private, to murmur or call in question in any sort, this his majesties prerogative, and authority Royal, or the lawfulness of this proceeding against the said Ministers, or any way to make constructions, or to misinterpret that act of Parliament of the year 1584. concerning the declining of his Majesties and his Counsel's judgement, otherwise then the same is made clear and manifest by this present decision of the justice in the trial of the said Ministers, with certification to them that shall contravene the same, that they shallbe really punished in the quality of seditious persons, and wilful contemners of his majesties most just and lawful government.  
Given at Edinburgh the seventh day of March, In the third year of his majesties reign of great Britain, France and Jreland. 1606.