THE PROTESTATION OF THE GENERAL ASSEMBLY OF THE CHURCH OF SCOTLAND, AND OF THE NOBLEMEN, BARONS, GENTLEMEN, BORROWS, MINISTERS AND COMMONS; Subscribers of the Covenant, lately renewed, made in the high Kirk, and at the market Cross of Glasgow, the 28, and 29. of November 1638.  
Printed at Glasgow by George Anderson, in the Year of Grace, 1638.   

The Protestation of the general Assembly of the Church of SCOTLAND, etc.  
WE Commissioners from Presbyteries, Burghes, and Universities, now convened in a full and free Assembly of the Church of Scotland, indicted by his Majesty, and gathered together in the Name of the Lord Jesus Christ the only Head, and Monarch of his own Church; And We Noblemen, Barons, Gentlemen, Ministers, Burgesses and Commons, Subscribers of the Confession of Faith, Make it known that where We His Majesty's loyal Subjects of all degrees, considering and taking to heart the many and great innovations and corruptions lately by the Prelates and their adherents intruded of this Church, which had been before in great purity to our unspeakable comfort established amongst us, were moved to present many earnest desires and humble supplications to his sacred Majesty, for granting a free general Assembly, as the only legal and ready mean 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 Kingdom: It pleased his gracious Majesty, out of his Royal bounty, to direct unto this Kingdom, the Noble and Potent Lord, James Marques of Hammiltoun, with Commission to hear and redress the just grievances of the good Subjects, who by many petitions, and frequent conferences, being fully informed of the absolute necessity of a free general Assembly, as the only judicatory which had power to remedy those evils, was pleased to undergo the pains of a voyage to England for presenting the pitiful condition of our Church to his sacred Majesty; And the said Commissioner his Grace returned again in August last, with power to indict an Assembly, but with the condition of such prelimitations, as did both destroy the freedom of an Assembly, and could no ways 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 weariness and prejudices of longsome attendance, He was again pleased to under-take another journey to His Majesty, and promised to endeavour to obtain a free General Assembly, 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 be cognosced, judged, and determined by the Assembly, as the only judge competent: And accordingly by warrant from our Sacred Sovereign, returned to this Kingdom, and in September last, caused indict a free General Assembly, 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 final remedy of their pressing grievances: But these hopes were soon blasted: for albeit the Assembly did meet and begin at the appointed day, and hath hitherto continued, still assisted with his Grace's personal presence, yet His Grace hath never allowed any freedom to the Assembly, competent to it by the Word of God, acts and practice of this church, and his Majesty's Indiction, but hath laboured to restrain the same, by protesting against all the acts made therein, and against the constitution thereof by such members, as by all law reason and custom of this church were ever admitted in our free Assemblies, and by denying his apprebation to the things proponed and coucluded, though most clear, customable, and uncontraverted.  
And now since his Grace after the presenting and reading of his own commission from our sacred Sovereign, 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 grief without any just cause or occasion offered by us, unexpectedly depart and discharge any further meeting, or proceeding in this Assembly, under the pain of treason; and after seven days sitting, declare all Acts made, or hereafter to be made in this Assembly, to be of no force nor strength; and that for such causes as are either expressed in his Majesty's former proclamations, (and so are answered in our former protestations) or set down in the declinatour, and protestation presented in name of the Prelates, (which are fully cleared in our answer 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 receipt thereof to procure a free general Assembly, with power to determine upon all questions, anent the members, manner, and matters thereof) all which for avoiding tediousness we here repeat: Or otherwise the said causes alleged by the Commissioner, were proponed by His Grace, in the Assembly; such as first, that the Assembly refused to read the Declinatour and Protestation exhibited by the Prelates, which nevertheless was publicly read and considered by the assembly, immediately after the election of a Moderator and constitution of the Members, before the which, there was no assembly established, to whom the same could have been read: Next, that ruling Elders were permitted to have voice in the election of commissioners from Presbyteries, which was known to His Grace, before the indiction and meeting of the assembly, and is so agreeable to the acts and practice 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 property belonged.  
And last, that the voices of the six Assessors, who did sit with His Grace, were not asked and numbered, which we could not conceive to be any just cause of offence, since after 39 national assemblies of this reformed church, where neither the King's Majesty, nor any in his name was present, at the humble and earnest desire of the assembly, His Majesty graciously vouchsafed His presence either in His own Royal Person, or by a commissioner, not for voting or multiplying of voices, but as Princes and Emperors of old, in a Princely manner to countenance that meeting, and to preside in it for external order; and if We had been honoured with His Majesty's Personal presence, His Majesty (according to the practice of King James of blessed memory) would have only given his own judgement in voting of matters, and would not have called others who had not been clothed with commission from the church to carry things by plurality of voices.  
Therefore in conscience of our duty to God and his truth, the King and his honour, the Church and her liberties, this Kingdom and her peace, this Assembly and her freedom, to ourselves and our safety, to our Posterity, Persons and Estates, We profess with sorrowful and heavy, but loyal hearts. That We cannot dissolve this Assembly, for the reasons following.  
1. For the reasons already printed anent the necessity of conveening a General Assembly, which are now more strong in this case, seeing the assembly was already indicted by his Majesty's authority, did convene, 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 Majesty's Commissioner; who hath really acknowledged the same, by assisting therein seven days, and exhibition of His Majesty's Royal Declaration, to be registrate in the books of this assembly, 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 do now judicially adhere, as also unto the Confession of Faith and covenant, subscribed and sworn by the body of this Kingdom.  
3. Because as We are obliged by the application and explication subjoined necessarily to the Confession of Faith subscribed by Us; So the King's Majesty, and his Commissioner, and Privy Council; have urged many of this kingdom to subscribe the Confession of Faith made in anno 1580. and 1590.: and so to return to the doctrine and discipline of this Church, as it was then professed: But it is clear by the doctrine and discipline of this church, contained in the book of Policy than registrate in the books of assembly, and subscribed by the Presbyteries of this church; That it was most unlawful in itself, and prejudicial to these privileges which Christ in his Word hath left to his church, to dissolve or break up the assembly of this church, or to stop 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● appear, 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 Assembly, or Parliament, or any preceding practice, whereby the King's Majesty may lawfully dissolve the General Assembly of the Church of Scotland, far less His Majesty's Commissioner, who by his commission hath power to indict and keep it, secundùm legem & praxim: But upon the contrary, His Majesty's prerogative Royal, is declared by Act of Parliament, to be nowayes prejudicial to the privileges and liberties, which God hath granted to the spiritual office-bearers, and meetings of this Church; which are most frequently ratified in Parliaments, and especially in the last Parliament holden by His Majesty himself, which privileges and liberties of the church, his Majesty will never diminish or infringe, being bound to maintain the same in integrity by solemn oath given at His Royal Coronation in this Kingdom.  
5. The Assemblies of this Church have still enjoyed this freedom of uninterrupted sitting, without or notwithstanding any contramand, as is evident by all the Records thereof; and in special by the general Assembly holden in anno 1582. which being charged with letters of Horning by the King's Majesty his Commissioner and Council, to stay their process against Master Robert Montgomerie, pretended Bishop of Glasgow, or otherwise to dissolve and rise, did notwithstanding show their liberty and freedom, by continuing and sitting still, and without any stay, going on in that process against the said Master Robert, to the final end thereof: And thereafter by letter to his Majesty, did show clearly, how far his Majesty had been uninformed, and upon misinformation, prejudged the prerogative of Jesus Christ, and the liberties of this Church, and did enact and ordain, 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 public indiction of the Assembly, and the solemn Fast appointed for the same, after frequent convention, formal constitution of the Assembly in all the members thereof a and seven days sitting, were by this act to offend God, contemn the Subjects petitions, deceive many of their conceived hopes of redress of the calamities of the Church and Kingdom, multiply the combustions of this Church, and make every man despair hereafter ever to see Religion established, Innovations removed, the Subjects complaint respected, or the offenders punished with consent of authority, and so by casting the church loose and desolate, would abandon both to ruin.  
7. It is most necessary to continue this Assembly for prevening 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 national covenant, 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, enforced: which is also a knowledged by the Act of council in September last, declaring the same to be 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 Assembly cannot dissolve, before it try, find and determine, that both these covenants, are but one and the self 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, We the Members of this assembly, in our own name, and in the name of the Kirk of Scotland, whom We represent; and We Noblemen, Barons, Gentlemen, Ministers, Burgesses, and Commons before mentioned, do solemnly declare in the presence of the everliving God, and before all men; And protest,  
1. That our thoughts are not guilty of any thing which is not incumbent to us, as good Christians towards God, and loyal Subjects towards our sacred Sovereign.  
2. That all the Protestations general or particular, proponed or to be proponed by the commissioner his Grace, or the Prelates and their adherents, may be presently discussed before this general Assembly, being the highest Ecclesiastical iudicatory of this kingdom: and that his Grace depart not till the same be done,  
3. That the Lord commissioner depart not, till this Assembly do fully settle the solid peace of this church, cognoscing and examining the corruptions introduced upon the doctrine and discipline thereof: and for attaining hereof, and removing all just exceptions which may be taken at our proceedings, we attest GOD the searcher of all hearts, that our intentions, and whole proceedings in this present assembly, have been, are, and shall be according to the word of GOD the laws and constitutions of this church, the confession of faith; our national oath, and that measure of light, which GOD the father of light shall grant us, and that in the sincerity of our hearts, without any preoccupation or passion.  
4. That if the Commissioner his Grace depart and leave this church and kingdom in this present disorder, and discharge this assembly, that it is both lawful and necessary for Us to sit still and continue in keeping this present Assembly; indicted by His Majesty, till we have tried, judged, censured all the bygone evils, and the introductors, and provided a solid course for continueing God's truth in this land with purity and liberty, according to his Word, our oath and Confession of Faith, and the lawful constitutions of this Church; and that with the grace of God, We and every one of Us adhering hereunto, shall sit still and continue in this Assembly, till after the final settling and conclusion of all matters, it be dissolved by common consent of all the members thereof.  
5. That this Assembly is and should be esteemed and obeyed, as a most lawful, full and free general Assembly of this Kingdom: And that all acts, sentences, constitutions, censures and proceedings of this Assembly, are in the self, and should be reputed, obeyed and observed by all the Subjects of this Kingdom, and members of this Church, as the actions, sentences, constitutions, censures and proceedings of a full and free general Assembly of this Church of Scotland, and to have all ready execution, under the Ecclesiastical pains contained, or to be contained therein, and conform 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 Assembly, in matters belonging to their judicatory, by the word of God, laws & 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 ardentlie desired the concurrence of his Majesty's Commissioner to this lawful Assembly: But upon the contrary, that the Prelates and their adherentes, who have protested and declined this present Assembly, in conscience of their own guiltiness, not daring to abide any legal trial, and by their misinformation have moved the Commissioner his Grace to dep●rt and discharge this Assembly, be esteemed repute and holden the Disturbers of the Peace, and Overthrowers of the Liberties of the Church, and guilty of all the evils which sh●ll follow hereupon, and condignly consured; according to the greatness of their fault, and Acts of the Church and Realm: And to this end. We again and again do by these presents cite and summoned them, and every one of them, to compeer before this present general Assembly, to answer to the premises, and to give in their reasons, defences, and answers against the complaints given in, or to be given in against them, and to hear probation led, and sentence pronounced against them, and conform to our former citations, and according to justice, with certification as effeirs. Like as by these presents We summoned and cite all those of His Majesty's Council, or any other, who have procured, consented, subscribed, or ratified this present Proclamation, to be responsable to His Majesty and three Estates of Parliament, for their counsel given in this matter, so highly importing His Majesty, and the whole Realm, conform to the 12. Act, King James 4. Parliament 2. And protest for remedy of law against them, and every one of them:  
7. And lastly We protest, that as We 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 We are surprised by the Commissioner his Grace's sudden departing, far contrary to His Majesty's indiction, and our expectation, We may extend this our Protestation, and add more reasons thereunto in greater length and number, whereby We may fully clear before God and man, the equity of our intentions, and lawfulness of our proceedings: And upon the whole premises, the foresaids persons for themselves, and in name aforesaid asked Instruments. This was done in the high Church of Glasgow, in public audience of the Assembly, begun in presence of the Commissioner his Grace, who removed and refused to hear the same to the end, The twenty eight day of November: and upon the market Cross of Glasgow, The twenty ninth day of the said month, The year of GOD, 1638. respectiuè.  
FINIS.