Imprinted at Edinburgh by Robert Young, Printer to the Kings most excellent Majesty. CUM PRIVILEGIO. Anno 1638. HONI SOIT QVI MAL Y PENSE royal blazon or coat of arms Charles R. CHARLES by the grace of God, king of Scotland, England, France, and Ireland, defender of the faith. To our Lovits Maissars, Her aulds, Pursuivants, our Sheriffs, in that part conjunctly and severally specially constitute, greeting. Whereas for the removing of the disorders which had happened of late within this our kingdom, and for settling of a perfect peace in the church and commonwealth thereof, we were pleased to cause indict a free general assembly to be holden at Glasgow the xxi. of November last: And for our subjects their better content and assurance that they should be freed of all such things as by their petitions and supplications given in to the Lords of our privy Council, they seemed to be grieved at, We in some sort prevened the assembly, by discharging by our proclamation the service book, book of canons, and high commission, freed and liberate our subjects from the practising of the five articles, eximed all ministers at their entry from giving any other oath then that which is contained in the act of parliament, made all persons both ecclesiastical and civil liable to the censure of Parliament, general Assembly, or any other judicatory competent, according to the nature of their offence: had declared all bygone disorders absolutely forgotten and forgiven: and last, for securing to all posterity the truth and liberty of religion, did command the confession of faith, and band for maintenance thereof, and of authority in defence of the same, subscribed by our dear Father, and his household, in anno 1580. to be renewed and subscribed again by our subjects here: And albeit that this our gracious and pious command, in stead of obedience and submission, rancountred open and public opposition, and protestation against the same: And that they continued their daily and hourly guarding and watching our Castle of Edinburgh, suffering nothing to be imported therein, but at their discretion, stopping and impeding any importation of ammunition, or other necessaries whatsoever to any of our houses within this kingdom: Denying to us their sovereign Lord that liberty and freedom, which the meanest of them assume to themselves (an act without precedent or example in the christian world) Like as they spared not boldly and openly to continue their conventions and council tables of Nobility, Gentry, Ministers and Burgesses within the city of Edinburgh, where not regarding the laws of the kingdom, without warrant of authority, they conveened, assembled, and treated upon matters; as well ecclesiastical as civil, sent their injunctions and directions throughout the country to their subordinate tables, and other under ministers appointed by them for that effect. And under colour and pretext of religion, exercing an unwarranted liberty, required obedience to their unlawful and illegal directions, to the seen prejudice of authority, and lawful monarchical government. And notwithstanding it was evidently manifest by the illegal and unformall course taken in the election of the commissioners for the assembly, whereof some of them were under the censure of this church, some under the censure of the church of Ireland, some long since banished for open and avowed teaching against monarchy, others of them suspended, and some admitted to the ministry contrary to the form prescribed by the laws of this kingdom, others of them rebels, and at the horn, some of them confined, and all of them by oath and subscription bound to the overthrow of episcopal government. And by this and other their underhand working, and private informations and persuasions, have given just ground of suspicion of their partiality, and so made themselves unfit judges of what concerneth episcopacy. And als albeit it was sufficiently cleared by the peremptory and illegal procedures of the presbyteries, who at their own hand by order of law, and without due form of process, thrust out moderators lawfully established, and placed others, whom they found most inclinable to their turbulent humours, associate to themselves for choosing of the commissioners to the assembly, a laic elder out of each parish, who being in most places equal, if not more in number then the ministry, made choice both of the ministers, who should be commissioners from the presbyteries, as also of a laic elder, (which in time will prove to be of a dangerous consequence, and import a heavy burden to the liberty of church and church men) being more directed therein by the warrants of the foresaid pretended tables, then by their own judgements, as appeared by the several instructions sent from them (far contrary to the laws of this country, and lowable custom of this church) some whereof were produced and exhibit by our Commissioner, and publicly read: One whereof, direct to the Noblemen and Barons of each presbytery, doth among many other odd passages, require diligence, lest (say they) by our own silinesse and treachery we lose so fair an occasion of our liberty both christian and civil; a strange phrase to proceed from dutiful or loyal hearted subjects. The other to the moderators of the several presbyteries, under the title of PRIVATE INSTRUCTIONS, AUGUST 27. first, containeth that these private instructions shall be discovered to none, but to brethren well affected to the cause: secondly, order must be taken, that none be chosen ruling elders but covenanters, and these well affected to the business: thirdly, that where the minister is not well affected, the ruling elder be chosen by the commissioners of the shire, and spoken to particularly for that effect: fourthly, that they be careful that no chappelmen, chaptermen, or a minister justice of peace, be chosen, although covenanters, except they have publicly renounced, or declared the unlawfulness of their places: fifthly, that the ruling elders come from every church, in equal number with the ministers; and if the minister oppose, to put themselves in possession, notwithstanding of any opposition: sixthly, that the commissioner of the shire cause conveen before him the ruling elder of every church chosen before the day of the election, and enjoin them upon their oath, that they give vote to none but to those who are named already at the meeting at Edinburgh: seventhly, that where there is a nobleman in the bounds of the presbytery, he be chosen, and where there is none, there be chosen a baron, or one of the best quality, and he only a covenanter: eighthly, that the ablest man in every presbytery be provided to dispute de potestate supremi magistratus in Ecclesiasticis presertim in convocandis consiliis, etc. Whereby it is most evident what prelimitations, indirect and partial courses, and dangerous propositions have been used in the preparations and elections to this pretended assembly. By which unlawful doings, although we had sufficient reason to have discharged the meeting of the said assembly, yet we were pleased patiently to attend the same, still hoping that when they were met together by the presence of our Commissioner, and assistance of some well affected subjects, who were to be there, and by their own seeing the real performance of what was promised by our proclamation, they should have been induced to return to the due obedience of subjects. But when we perceived that their turbulent dispositions did increase, as was manifest by their repairing to the said pretended assembly with great troops and bands of men, all boddin in fear of war, with guns, and pistolets, contrary to the laws of this kingdom, and in high contempt of our proclamation at Edinburgh the 16. day of November last: And also by the peremptory refusing to the assessors, authorized by us (although fewer in number then our dearest father was in use to have) the power of voting in this assembly, as formerly they had done in all others, openly averring that we, nor our Commissioner, had no further power there then the meanest commissioner of their number: and by their partial and unjust refusing, and not suffering to be read the reasons and arguments given in by the bishops, and their adherents to our Commissioner, why they ought not to proceed to the election of a moderator, neither yet to the trying and admitting of the commissioners, before they were heard, though in our name they were earnestly required thereto by our Commissioner: and notwithstanding that our Commissioner by warrant from us, gave in under his hand a sufficient declaration of all that was contained in our late proclamation, bearing likeways our pleasure of the registration of the same in the books of assembly, for full assurance of the truth and purity of religion to all our good subjects, as doth clearly appear by the declaration itself; whereof the tenor follows. The king's Majesty being informed that many of his good subjects have apprehended that by the introducing of the service book, and book of canons, the inbringing of superstition hath been intended, hath been graciously pleased to discharge, like as by these he doth discharge the service book, and book of canons, and the practice of them, and either of them, and annuls and rescinds all acts of council, proclamations, and other acts and deeds whatsoever, that have been made or published for establishing them, or either of them, and declares the same to be null, and to have no force nor effect in time coming. The king's Majesty, as he conceived, for the ease and benefit of the subject, established the high commission, that thereby justice might be administrate, and the faults and errors of such persons as are made liable thereto, taken order with, and punished with the more conveniency, and less trouble to the people. But finding his gracious intention therein to be mistaken, hath been pleased to discharge, like as by these he doth discharge the same, and all acts and deeds whatsoever made for establishing thereof. And the king's Majesty being informed, that the urging of the five articles of Pearth assembly hath bred distraction in the church and estate, hath been graciously pleased to take the same into his royal consideration, and for the quiet and pā—ā—ā—ā— of this country hath not only dispensed with the practice of the said's articles, but also discharged all and whatsoever persons from urging the practice thereof, upon either laic or ecclesiastical person whatsoever, and hath freed all his subjects from all censure and pains, whether ecclesiastical or secular, for not urging, practising, or obeying them, or any of them, notwithstanding of any thing contained in the acts of parliament, or general assembly in the contrary. And his Majesty is further contented, that the assembly take the same so far to their consideration, as to represent it to the next parliament, there to be ratified as the estates shall find fitting. And because it hath been pretended that oaths have been administrate different from that which is set down in the acts of parliament, his Majesty is pleased to declare by me, that no other oath shall be required of any minister at his entry, nor that which is set down in the act of parliament. And that it may appear how careful his Majesty is that no corruption nor innovation shall creep into this church, neither yet any scandal, vice, or fault of any person whatsoever, censurable or punishable by the assembly, go along unpunished, his Majesty is content to declare by me, and assure all his good people, that general assemblies shall be kept so oft, and als oft as the affairs of this church shall require. And that none of his good subjects may have cause of grievances against the proceed of the prelate's, his Majesty 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 general assembly. And to give all his Majesty's good people full assurance, that he never intended to admit any alteration or change in the true religion professed within this kingdom, and that they may be truly and fully satisfied of the reality of his intentions and integrity of the same, his Majesty 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 Majesty's person and authority, formerly signed by his dear father, in anno 1580. and now also requireth all these of this present assembly to subscribe the same. And it is his Majesty's will, that this be insert and registrate in the books of assembly, as a testimony to posterity, not only 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 special 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 lawfulness of this assembly; nor of any of the acts or deeds done, or to be done therein. And finding them in like sort no ways to be satisfied therewith, and that nothing else was able to give them contentment, except at their own pleasure they were permitted to overthrow all episcopal government in the church, and thereby to abrogate our public laws, standing in vigour by the space of many years bygone, and to alter the fundamental government of this kingdom, in taking away one of the three estates, contrary to express acts of Parliament. And lest the continuance of their meetings might have produced other the like dangerous acts so derogatory to royal authority, we were forced for prevening thereof, and for the reasons and causes , and diverse others importing true monarchical government, to dissolve and break up the said pretended assembly, and to discharge them of all farther meeting, treating, and concluding any thing therein: And yet in that calm and peaceable way, as our Commissioner before his removing desired their pretended moderator for that time to have said prayer, and so concluded that day's session, that so they might have had time to think upon the just reasons of his refusing to assist, or be any longer present at the said pretended assembly, and of the causes moving us to the dissolving thereof: and notwithstanding his earnest urging the same, and being willing to return the next morning to hear 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 strain, thereby presuming to cite and call our Council in question, for their dutiful assistance and obedience to us and our Commissioner. And finding their disobedience thus to increase, we were constrained to discharge them of new again the next day thereafter by public proclamation, under the pain of treason. And albeit that their contumacy 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 publicly read, and by our Commissioner required to be insert and registrate in the books of assembly, therein to remain as a testimony to posterity, not only of the sincerity of our intentions to the true religion, but also of our resolution to maintain and defend the same, and our subjects in the profession thereof: And perceiving likewaies that in contempt of our proclamation at Glasgow the 29. of November, they go still on to conveen, meet, and to make illegal and unwarrantable acts, we have conceived it fitting to forewarn all our good subjects of the danger that they may incur by being ensnared by these their unlawful procedures. And to this purpose do not only 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 also do free them from all pain and censure which the said pretended assembly shall inflict upon them, or any of them. And therefore do 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 be made at the said pretended meetings, under all highest pains. And we command, charge, and inhibit all presbyteries, sessions of kirks, ministers within this realm, that none of them presume nor take upon hand privately nor publicly in their sessions and meetings, nor in their conferences, sermons, nor no other manner of way, to authorize, approve, justify, or allow the said unlawful meeting, or assembly at Glasgow: neither yet to make any act thereupon, nor to do any other thing private or public, which may seem to countenance the said unlawful assembly, under the pain to be repute, holden and esteemed and pursued as guilty of their unlawful meeting, and to be punished therefore with all rigour: And siclike we command all and sundry Noblemen, Barons, Gentlemen, Magistrates, and all other our liege's who shall happen to be present and hear any ministers either in public or private conferences and speeches, or in their sermons, to approve and allow the said unlawful assembly, rail and utter any speeches against our royal commandments or proceed of us, or our Council, for punishing or suppressing such enormities, that they make relation and report thereof to our Council, and furnish probation, to the effect the same may be accordingly punished, as they will answer to us thereupon: Certifying them who shall hear and conceal the said speeches, that they shall be esteemed as allowers of the same, and shall accordingly be taken order with, and punished therefore without favour. And to this effect we likewaies straight charge and command all Judges whatsoever within this realm, Clerks and Writers, not to grant or pass any bill, summons, or letters, orany other execution whatsoever, upon any act or deed proceeding from the said pretended assembly, and all keepers of the signet from signetting thereof, and that under all highest pains. And because we gave order and warrant to our Commissioner to make open declaration, not only of our sense, but even of the true meaning of the confession of faith, in anno 1580. by which it may clearly appear, that as we never intended thereby to exclude episcopacy, so by no right construction can it be other ways interpreted, as is more nor evident by the reasons contained in the said declaration, and many more, which for brevity (the thing in itself being so clear) are omitted. Herefore we do not only prohibit and discharge all our subjects from subscribing any band, or giving any writ, subscription, or oath to, or upon any act, or deed that proceeds from the foresaid pretended assembly, but also do require them not to subscribe, nor swear the said confession in no other sense then that which is contained in the said declaration, and manifestly emitted by our Commissioner, under all highest pains. And that none of our good subjects, who in their duty and bound obedience to us, shall refuse to acknowledge the said pretended assembly, or any of the pretended acts, constitutions, warrants, or directions proceeding therefrom, may have just ground of fear of danger or harm by doing thereof, we do by these promise, and upon the word of a King oblige ourselves by all the royal authority and power wherewith God hath endowed us, to protect and defend them, and every one of them in their persons, fortunes, and goods, against all and whatsoever person or persons who shall dare or presume to call in question, trouble, or any ways molest them, or any of them therefore. And our will is, and we charge you straight and command, that incontinent these our letters seen, you pass, and make publication hereof by open proclamation at the market cross of Edinburgh, and other places needful, wherethrough none pretend ignorance of the same. Given from our Court at Whitehall the eighth day of December, and of our Reign the fourteenth year, 1638. Per Regem.