THE DECLINATOR AND PROTESTATION OF THE Archbishops and Bishops, of the Church of SCOTLAND, and others their adherents within that Kingdom, Against the pretended general Assembly bolden at Glasgow Novemb. 21. 1638.  
LONDON, Printed by JOHN RAWORTH, for GEORGE THOMASON and OCTAVIAN PULLEN, and are to be sold are their shop, at the Rose in S. Paul's Churchyard. 1639.   

It is his Majesty's pleasure that this be printed, for the which, this shall be your warrant.  
Hamilton.   

WE Archbishops, Bishops and other Under-subscribers for ourselves and in name and behalf of the Church of Scotland (whereas it hath pleased the King's Majesty to indict a General Assembly of the Church, to be kept at Glasgow, Novemb. 21. 1638. for composing and settling of the distractions of the same.) First do acknowledge and profess, that a General Assembly lawfully called and orderly convened is a most necessary and effectual means for removing those evils wherewith the said Church is infested, and for settling that order which becometh the house of God: and that we wish nothing more than a meeting of a peaceable and orderly Assembly to that effect. Secondly we acknowledge and profess as becometh good Christians and faithful subjects, that his Majesty hath authority by his prerogative Royal, to call Assemblies, as is acknowledged by the Assembly at Glasgow 1610. and Parliament 1612. and that it is not lawful to convene without his Royal consent, and approbation, except we will put ourselves in danger to be called in question for sedition.  
Yet nevertheless in sundry respects, we cannot but esteem this meeting at Glasgow most unlawful and disorderly, and their proceedings void and null in law, for the causes and reasons following.  
First, before his Majesty's Royal warrant to my Lord Commissioner his Grace to indict a lawful 
I  free General Assembly; the usurped authority of the Table (as they call it) by their missives and instructions, did give order and direction for all Presbyteries to elect and choose their Commissioners for the Assembly, and for seeking of God's blessing to it, to keep a solemn fast Sept. 16. whereas his Majesties warrant for indicting of that Assembly was not published till the 22. of that month: so that they preventing and not proceeding by warrant of Royal authority, the pretended Commissioners being chosen before the Presbyteries were authorized to make election, cannot be reputed members of a lawful Assembly.  
A lawful Assembly must not only be indicted by lawful authority (as we acknowledge this to 
TWO  be) but also constituted of such members as are requisite to make up such a body. For if according to the indiction none at all do convene; or, where the Clergy is called, there meet none but Laics, or more Laics then of the Clergy, with equal power to judge and determine; or such of the Laics and Clergy as are not lawfully authorized, or are not capable of that employment by their places; or such as are legally disabled to sit and decide in an Assembly of the Church: a meeting consisting of such members cannot be thought a free and lawful Assembly: by that Act of Parl. Ja. 6. par. 3. cap. 46. 1572. Every Minister who shall pretend to be a Minister of God's Word and Sacraments is bound to give his assent and subscription to the Articles of Religion contained in the Acts of our Sovereign Lords Parliament, and in presence of the Archbishop, Superintendent or Commissioner of the Province, give his oath, for acknowledging and recognoscing of our Sovereign Lord and his authority, and bring ae testimonial in writing thereupon, and openly upon some Sunday, in time of Sermon or public prayers, in the Kirk where he ought to attend, read both the testimonial and Confession, and of new make the said oath, within a month after his admission: under the pain that every person, that shall not do as is above-appointed, shall ipso facto be deprived, and all his Ecclesiastical promotions and living shall be then vacant as if he were then naturally dead, and that all inferior persons under Prelates be called before the Archbishops, Bishops, Superintendents and Commissioners of the dioeeses or province, within which they dwell, as the Act bears.  
All of the Clergy convened to this Assembly 
III  pretend themselves to be Ministers of God's word and Sacraments, and have benefices or other Ecclesiastical livings: yet nevertheless the most part of them, have never in presence of the Archbishop, Bishop, Superintendent or Commissioner of the Diocese or Province subscribed the Articles of Religion contained in the Acts of Parliament; and given their oath for acknowledging and recognoscing our Sovereign Lord and his authority, and brought a testimonial thereof: and therefore they are ipso facto deprived, and their places void, as if they were naturally dead, and consequently having no place nor function in the Church, cannot be Commissioners to this Assembly: hoc maximè attento, that the said persons not only have never given their oath for acknowledging his Majesty's authority, nor can show no testimonial thereupon, as they are bound by the said Act: but also having as subjects comprehended in the representative body of this Kingdom, Promised to acknowledge, obey, maintain, defend, and advance the life, honour, safety, dignity, sovereign authority, and prerogative Royal of his sovereign Majesty his heirs and Successors, and privileges of his Highness' Crown, with their lives, lands, and goods, to the uttermost of their power constantly and faithfully, to withstand all and whatsoever persons, powers and estates, who shall presume, press or intend, any wise to impugn, prejudge, hurt or impair the same; and never to come in the contrary thereof directly or indirectly in any time coming. As the Acts of Parliament Jac. 6. Parl. 18. Cap. 1. Car. Parl. Cap. 1. doth proport.  
And moreover, being obliged at their admission to give their oath for performance of this duty of their alledgeance. And to testify and declare on their conscience, that the King is the Lawful Supreme Governor, as well in matters spiritual and Ecclesiastical as temporal, and to assist and defond all Jurisdiction and authority, belonging to his Majesty by the act of Parl. 1612. yet notwithstanding of the said bands, acts and promises, whereby the said persons are so strictly bound to the performance of the premises, his Majesty having ordained by act of Council at Halyrudehouse Sept. 24. 1638. and proclamations following thereupon, that all his Majesty's Liedges of whatsoever estate, degree or quality, Ecclesiastical or Temporal, should swear and subscribe the said confession, together with a general band for defending his Majesty's person and authority against all enemies within this Realm or without, have not only refused to subscribe the said band and Confession, but have in their Sermons and other speeches, dissuaded, deterred, impeded and hindered others of the liedges to subscribe the same, and publicly protested against the subscription thereof: and thereupon cannot convene nor concur Lawfully to the making up of the body of an assemby of the Kirk, as being deprived and denuded of all place and function in the same.  
A general Assembly was condescended to, 
III  out of his Majesty's gracious clemency and pious disposition, as a Royal favour to those that so should acknowledge the same and acquiesce to his gracious pleasure, and carry themselves peaceably as loyal and dutiful subjects, which the Commissioners directed to this Assembly supposed to be of the number of those that adhere to the last protestation made at Edinburgh Sept. 1638. do not so account of, and accept, as appears by the said protestation: whereby they protest, that it shall be lawful for them, as at other times, so at this, to assemble themselves notwithstanding any impediment or prorogation to the contrary: as also by continuing their meetings and Table, discharged by authority, refusing to subscribe the band according to his Majesties, and Counsels, command, for maintaining his Majesty's Royal person and authority, protesting against the same, still insisting with the liedges to subscribe the band of mutual defence against all persons whatsoever, and remitting nothing of their former proceedings, whereby his Majesty's wrath was provoked: thereby they are become in the same state and condition wherein they were before his Majesty's proclamation and pardon; and so forfeit the favour of this Assembly, and liberty to be members thereof. And others of his Majesty's subjects may justly fear to meet with them in this convention, for that by the Act of Parl. Jam. 6. par. 15. cap. 31. Prelacies being declared to be one of the three estates of this kingdom, and by the Act of Parl. Ja. 6. par. 8. cap. 130. All persons are discharged to impugn the dignity and authority of the three estates, or any of them in time coming, under the pain of treason. And whereas the King by his proclamation declares Archbishops and Bishops to have voice in the General Assembly, and calls them to the same for that effect, as constantly they have been in use in all Assemblies, where they were present, as appears by many acts of the General Assembly, ordaining them to keep and assist at the same, as in the Assembly at Edinburgh Decemb. 15. 1566. At Edinburgh. 6. March. 1572. At Edinburgh. May 10. 1586. and by a letter written by the Assembly March. 6. 1573. to the Regent, earnestly desiring his own or his Commissioners presence, and the Lords of Council, and the Bishops at the Assembly. They notwithstanding by the said protestation Sept. 22. declared Archbishops and Bishops to have no warrant for their office in this Kirk, to be authorized with no lawful Commission, and to have no place nor voice in this Assembly, and withal do arrogate to their meetings, a sovereign authority to determine of all questions and doubts that can arise, contrary to the freedom of the Assembly, whether in constitution and members, or in the matters to be treated, or in manner and order of proceeding: which how it doth stand with his Majesty's Supremacy in all causes and over all persons, we leave it to that judgement whereunto it belongeth, and do call God and man to witness, if these be fit members of an Assembly, intended for the order and peace of the Church.  
Giving, and not granting, that the persons 
IV.  foresaid directed Commissioners in name of the Clergy to this meeting were capable of that authority, and that the said Presbyteries had the authority to direct Commissioners to the General Assembly; yet have they now lost and fallen from all such right, if any they had, in so far as they have deposed the Moderators, who were lawfully appointed to govern them, by the Bishops in their Synods, and elected others in their place, contrary to the Act of the Assembly at Glasgow 1610. and Act of Parl. 1612. ordaining Bishops to be Moderators at these meetings, and in their absence, the Minister whom the Bishop should appoint at the Synod. So these meetings having disclaimed the authority of Bishops, deposed their lawful Moderators, and choosing others without authority, cannot be esteemed lawful convocations, that can have lawful power of sending out Commissioners with authority to judge of the affairs of this Church.  
And yet doth the nullity of the Commissions 
V.  flowing from such meetings further appear in this, that they have associate to themselves a laic ruling Elder (as they call them) out of every Session and Parish, who being ordinarily the lord of the Parish, or the man of the greatest authority in the bounds, doth overrule in the election of the said Commissioners, both by his authority and their number, being more than the Ministers, whereof some being ordinarily absent, and five or six or so many of them put in list and removed, there remain but a few Ministers to voice to the election: and in effect the Commissioners for the Clergy are chosen by lay-men, contrary to all order, decency, and custom observed in the Christian world, no wise according to the custom of this Church, which they pretend to follow: the Presbyteries formerly never associating to themselves lay-elders in the election of the Commissioners to the General Assembly, but only for their assistance in discipline and correction of manners, calling for them at such occasions as they stood in need of their Godly Concurrence, declaring otherwise their meeting not necessary, and providing expressly that they should not be equal, but fewer in number then the Pastors, as by Act of Assembly at Saint Andrew's April 24. 1582. (where Master Andrew Melvill was Moderator) doth appear. Like as these forty years by gone and upwards, long before the re-establishing of Bishops, these lay-elders have not been called at all to Presbyteries. And by the Act at Dundie 1597. whereby it is pretended that Presbyteries have authority to send these lay-Commissioners, it doth no wise appear that those lay-elders had any hand in choosing of the Ministers. And this is the only act of the Assembly, authorising Presbyteries to choose Commissioners to the General Assembly: nor have lay-elders sat ordinarily in Presbyteries upon any occasion these forty years, and upwards: nor ever had any place nor voice in the election of Ministers, for the General Assembly: and consequently these chosen by them to this Assembly have no lawful power nor authority. 
VI   
Beside, the persons Ecclesiastical pretended to be authorized Commissioners to this Assembly, have so behaved themselves, that justly they may be thought unworthy and uncapable of Commission to a sree and lawful Assembly.  
1. For that by their seditious and railing Sermons and Pamphlets, they have wounded the King's honour and sovereign authority, and animated his liedges to rebellion, averring that all authority sovereign is Originally in the Collective body, derived from thence to the Prince, and that not only in case of negligence, it is Suppletiuè in the Collective body, as being cummunicate from the Commonty to the King, Cumulatiuè not Privatiuè: but also in case of maladministration, to return to the Collective body; so that Rex excidit jure suo, and that they may refuse obedience.  
2. Next they are known to be such as have either been schismatically refractory and opposite to good order settled in the Church and State; or such as having promised, subscribed, and sworn obedience to their Ordinary, have never made conscience of their oath; or such as have sworn and accordingly practised; yet contrary to their promise and practise, have resiled, to the contempt of authority, and disturbance of the Church; or such as are under the Censures of the Church of Ireland for their disobedience to order; or under the Censures of this Church, or convened, at least deserving to be convened before the Ordinaries, or a lawful General Assembly, for divers transgressions deserving deprivation: as first, for uttering in their Sermons, rash, and irreverent speeches in pulpit against his Majesty's Council and their proceedings, punishable by deprivation: by the Act of Assembly at Edinburgh, May 22. 1590. Next for reproving his Majesty's Laws, Statutes and Ordinances, contrary to the Act of Assembly, at Perth, Maij 1. 1596. Thirdly, for expressing of men's names in Pulpit, or describing them vively to their reproach, where there was no notorious fault; against another Act of the same Assembly. Fourthly, for using Applications in their Sermons, not tending to the edification of their present Auditory; contrary to another Act of the same Assembly. Fiftly, for keeping conventions not allowed by his Majesty, without his knowledge and consent; contrary to another Act of the same Assembly. Sixtly, for receiving of people of other Ministers flocks to the Communion, contrary to order, Acts of Assemblies and Counsels. Seventhly, for intruding themselves into other men's Pulpits, without calling or authority. Eightly, for usurping the authority to covent their Brethren, and proceed against them to the Censures of suspension and deprivation. Ninthly, for pressing the people to subscribe a Covenant, not allowed by authority; and opposing and withstanding the subscribing of a Covenant offered by his Majesty, and allowed by the Counsel: Beside many personal faults and enormities, whereof many of them are guilty, which in charity we forbear to express. But hereby it doth appear, how unfit these persons are to be members of a free and lawful Assembly.  
Nor doth it stand with Reason, Scripture, or 
VII.  practise of the Christian Church, that Laymen should be authorized to have decisive voice in a General Assembly. In that Act of Dundie 1597. whereby these Elders pretend to have this place, there is no Warrant expressed for them, to deliberate and determine. Their presence and assistance we approve, being allowed and authorized by the Prince. The King's Majesty's presence in person, or by his Delegates, we hold most necessary, to see all things orderly and peaceably done; and that he have the chief hand in all Deliberations and Determinations. Nor do we refuse that any Intelligent or moderate man may make remonstrance of his opinion, with the reasons of it, in that way that becometh him in a national Assembly, due reverence being kept, and confusion avoided. But that any Layman, except he be delegate by Sovereign Authority, shall presume to have a definitive and decisive voice; we esteem it to be intrusion upon the Pastoral Charge, and without warrant. May we not therefore entreat my Lord Commissioner his Grace, in the words of the Fathers of the Fourth General Council at Chalcedon? Mitte for as superstuos. Nor will a pious Prince be offended with it; but with Theodosius the younger will say; Illegitimum est, eum qui non sit in ordine Sanctissimorum Episcoporum Ecclesiasticis immisceri tractatibus— And Pulcheria the Empress commanded Strategus, Vt Clerici, Monachi & Laici vi repellerentur, exceptis paucis illis quos Episcopi secum duxerunt. Upon this respect was Martinus in that Council of Chalcedon moved to say; Non esse suum sed Episcoporum tantum subscribere. 
VIII.   
If these pretended Commissioners, both Lay and Ecclesiastical were lawfully authorized, (as it is evident they are not) and for none other cause declinable, yet the law doth admit, that justly a judge may be declined, who is probably suspect. And of all propabilities, this is the most pregnant, when the judge, before he come to judgement, doth give sentence of these things he hath to judge. This made our Reformers protestation against the Council of Trent valide, and their not compearing justifiable, because Pope Leo 10. had precondemned Luther, as appeared by his Bull, dated 8. juni▪ 1520 renewed by Paul 3. dated in August 1535. This was the cause why Athanasius would not give his appearance at some Counsels, nor Hosius of Corduba, nor Maximus Patriarch of Constantinople. But so it is, the most part, if not all of the said Commissioners directed to this meeting, have precondemned Episcopal government, and condemned, at least suspended obedience to the Acts of the General Assembly and Parliament concerning the five Articles of Perth, have approven their Covenant as most necessary to be embraced of all in this Kingdom: and not only have given judgement of these things before hand, but by most solemn oaths have bound themselves to defend and stand to the same: as doth appear by their Covenant, Petitions, Protestations, Pamphlets, Libels and Sermons: and therefore by no law nor equity can these pretended Commissioners be admitted to determine in this meeting, concerning these persons and points, which before hand they have so unjustly condemned.  
Further, with no law nor reason can it subsist, that the same persons shall be both Judges and 
IX.  Parties. And we appeal the consciences of all honest men, if all, at least the greatest part of the pretended Commissioners, have not declared themselves party to the Archbishops and Bishops of this Church: for in that they have declined the Bishops to be their Judges, as being their party (as their Declinators, Petitions, Declarations and Protestations do bear) have they not simul & semel, & ipso facto declared themselves to be party against Bishops? Whom they have not only declined, but persecuted by their calumnies and reproaches vented by word and writ, in public and in private, by invading their persons, opposing and oppressing them by strength of an unlawful Combination, for the subscribing and swearing whereof, they have by their own authority indicted and kept Fasts, not only in their own Churches, but where worthy men refused to be accessary to these disorderly and impious courses, they have by aid of the unruly multitude, entered their Churches, usurped upon their charges, reading and causing to be read that unlawful Covenant, by threatening and menacing compelling some (otherwise unwilling) out of just fear to set their hands to it; by processing, suspending, & removing obedient and worthy Ministers from their places, by the usurped authority of their Table and Presbyteries. And whereas by all Law and justice, persons finding themselves wronged in judgement, have never been denied the remedy of declinatory and appellation: nevertheless not a few of these Presbyteries have proceeded against sundry worthy Ministers, who have declined and appealed from their judgements, without respect to this defence: by these means craftily intending to disable them to be Commissioners for the Church: directly or indirectly causing their stipends to be kept back from them. By which means not the least part of the subscribing Ministers have been gained to their Covenant.  
But it is without example uncharitable and illegal, that under the pretext of summons (the like whereof was never used, nor in the like manner against the most heinous malefactors in the kingdom) they have devised, forged, vented and published a most infamous & scurrile libel, full of impudent lies and malicious calumnies, against the Arch: and Bishops of this Church: and have first given out from their Table, the order prescribed in these subsequent Articles, which we have insert, that the world may be witness of the illegality and maliciousness of their proceedings.  
I. TO desire the Presbytery of every Bishop, especially where he keeps his residence, as also the Presbytery where his Cathedral seat is, to have a special care of this Bill and complaint against the Prelates, and particularly against the Bishop of their Diocese.  
II. That some Noblemen, if any be within the Presbytery, some Gentlemen and Barons, some Ministers and some Commons, who are not chosen Commissioners to the Assembly in their own Name, and in Name of all other Covenanters or Complainers, either within the Presbytery, or Diocese, or whole Kingdom, who are not Commissioners to the Assembly, will adhere and assist in this Complaint, that they present this Bill to the Presbytery.  
III. That they who are Complainers have a particular care to fill up the Blanks left in the Bill, in the subsumptions of the particular faults committed by the Bishop of the Diocese, against these general Rules, Canons and Acts: or if these Blanks will not contain the same, that the Complainers draw up in a particular claim, all the particular faults and transgressions of the Bishop of that Diocese against these Rules, Canons and Acts, or any other Law of the Church or Kingdom, and present the same to the Presbytery with this general Complaint. And if they cannot get the particulars presently ready, notwithstanding, they present without any delay, because of the scarceness of the time, this Complaint as it stands with the Blanks: and in the mean time, may gather any other particulars against the Assembly, to which this Complaint is to be referred.  
FOUR That the Presbytery finding the Complaint important, and the General Assembly so approaching, refer the same to the General Assembly, by an Act of this reference insert in the Books of the Presbytery.  
V. That upon this reference of the Complaint to the Assembly, the Presbytery admonish the Complainers apud acta, to be present at the said Assembly, for assisting and verifying of the said Complaint.  
VI That the Presbytery ordain all their Pastors, out of Pulpit on a Sabbath-day before Noon, to cause read publicly this whole Complaint and the Presbyteries reference to the Assembly, and so to admonish the Bishop of that Diocese, the delinquent complained upon, with the rest of his Colleagues to be present at the General Assembly to answer to the particular Complaint, both in the particular and general heads thereof, given or to be given in; and to abide the censure and trial of the Assembly thereupon. And likewise, out of Pulpit to admonish all others who have interest either in the pursuing or referring this Complaint, to be present at the said Assembly.  
That the Presbytery insert in their Presbyterie-Books the whole tenor of this Complaint both in the general and particular heads thereof; and that they have a care to cause deliver by their Ordinary Beadell, to the Bishop of the Diooese, a Copy thereof, and a Copy of an Act, referring the same to the Assembly, and summon him to compeare before the Assembly. And if he be within the Country, and cannot be personally apprehended, to affix a full Copy thereof upon each dwelling place, and upon the most patent door of the Cathedral Church and Episcopal seat.  
VIII. That thè Complainers within the Presbytery where the Bishop is resident, or hath his Cathedral, be careful to keep correspondence with those in other Presbyteries within their Diocese, who best can specify and verify their Bishop's usurpation and transgressions, and who had particular Articles to gather particular Declarations and Informations of the same.  
IX. That some of these Complainers in their own Name, and with Warrant and Power from the rest, without failing attend the Assembly with the general Complaint and particular verifications and specifications of the same.  
X. That in case the Presbytery where the Bishop hath his residence, or where he hath his Cathedral and Episcopal seat, refuse to receive this Complaint, or refer the same to the Assembly, or to admonish or cite the Bishop delinquent, before the Assembly, to answer to the Complaint; that the Gentlemen and others who are Complainers to the Presbyteries, upon their refusal take instrument in the hands of the Clerk of the Presbytery, or any Notary, and protest that their refusal of the ordinary care of justice, procured (without doubt) by the Bishop of that Diocese delinquent complained of, the equivalent of Law and Reason, be a formal Citation of him. Which Protestation they may affix upon the dwelling house of the said Bishop, or upon his Cathedral Church, or the prime Church within the Presbytery. And that they may deal with any other Presbytery within the Diocese, who is better disposed, and upon their receipt of the Complaint, will refer the same to the Assembly and cite the Bishop in manner above-expressed, to compeare before the said Assembly.  
XI. Item, Perhaps some Minister within the Presbytery may think some Heads of this Complaint not to be relevant in his Opinion, or know the Bishop not to be guilty of all the particular Heads contained therein: yet he in justice cannot refuse to refer the trial of the relevancy and Probation thereof to the General Assembly, especially, seeing the relevancy and Probation of more or fewer Points against the Bishop of the Diocese is sufficient, and seeing the subsumption of every particular Head is against the Bishop of the Diocese, with his Colleagues.  
XII. Item, To desire the Presbytery, upon Complaints upon any persons within the same, against any scandalous Minister either in Doctrine or Life, either to judge the Complaint, or refer the same to the trial and censure of the General Assembly, and so to admonish and cite the Ministers complained upon, to compeare before the General Assembly for that end.  
According to which articles, upon Sunday Octob. 28. they caused read the said Libel in all the Churches of Edinburgh notwithstanding my Lord Commissioners command given to the Provest and Bailies to the contrary: except in Halyrudehouse, where it was read the next Sunday, as it was in other Churches of the Kingdom; proceeding herein. 1. Against all charity which doth not behave itself unseemly, nor delighteth in the discovery of men's nakedness, nor take up a reproach, nor backbite with the tongue; much less to write a book against a brother. 2. Against the order prescribed by the Apostle: not to rebuke an Elder, but to entreat him as a father: and by the Act of Parl. Jam. 6 par. 8. discharging all persons to impugn or to procure the diminution of the authority and power of the three estates or any of them. 3. Against all lawful and formal proceeding, specially, that prescribed by Act of General Assembly at Perth Martij 1. 1596. whereby it is ordained, that all summons contain the special cause and crime: which the said Libel doth not: nameing only general calumnies, reproaches, and aspersions, without instruction of any particular, but leaving these to be filled up by malicious delation, after they have defamed their brethren by publishing this Libel: as appears by the 8. and 11. articles of the said instructions. And against the order prescribed by the Assembly at Saint Andrew's April 24. 1582. whereby it is enacted, that in process of deprivation of Ministers, there be a libelled precept upon forty days warning, being within the Realm, and threescore days being without the Realm, to be directed by the Kirk and such Commissioners thereof, as elects and admits the person complained of, summoning them to compeare and answer upon the complaint. And in case of their absence at the first summons, the second to be directed upon the like warning, with certification, if he fail, the Libel shall be admitted to probation, and he shall be holden pro confesso. Which form not being kept in a summons inferring the punishment of deprivation, the same cannot be sustained by the order of that Assembly. 4. Against common equity which admits summons only by the authority of that judge before whom the delinquent is to compeare. Whereby the summons directed by the authority of these pretended Presbyteries, cannot sustain, for compearance before the General Assembly, nor could reference be made from the Presbytery to the General Assembly, the parties never being summoned to compeare before the Presbytery, whereby either in presence of the party, or in case of contumacy, the complaint might be referred to the Assembly. That there was no citation before the reference, is clear, by the said instructions. And what a strange and odious form it is, to insert such a Calumnious Libel in the Presbytery-books, without citing of the parties to answer thereto; and to cite Bishops before the General Assembly by the said Libel, by publishing the same at Churches, to which they had no relation, and were many miles distant, we leave it to the judgement of indifferent men. 5. Against all decency and respect due to men of their place, the said persons, being men of dignity, and some of them of his Majesty's most honourable privy Council, and known to be of blameless conversation, and to have deserved well, thus to be reviled and traduced, doth redound to the reproach of Church and State, and of the Gospel whereof they are preachers. 6. Lastly, to omit many other informalities against their own consciences, which we charge in the sight of God, as they must answer before his great and fearful tribunal, if they suspect and know not perfectly, according to the judgement of charity, them whom they thus accuse, to be free of these crimes wherewith they charge them, at least of many of them; as appears evidently by the 11 article of the said instructions, having therein libelled the general, and have yet to seek the specification thereof, from the malice of their neighbours, if so be they can furnish it. By which informal and malicious proceeding, it is most apparent, that our said parties do seek our disgrace and overthrow, most maliciously and illegally. And therefore we call heaven and earth to witness, if this be not a barbarous and violent persecution, that all circumstances being considered, hath few or none to parallel it, since the beginning of Christianity: and if we have not just cause to decline the said pretended Commissioners, as our party.  
Moreover, can these men expect, but in a lawful Assembly they were to be called and censured for their enorm transgressions foresaid? And will any man think, that they can be judges in their own cause? It is alleged out of the Canon-law, against the Pope, that if the Pope be at variance with any man, he ought not to be judge himself, but to choose arbitrators. And this may militate against them; except they be more unruly than Popes. Ludovicus Bavarus and all the Estates of Germany with him, did plead this nullity against the sentence and proceeding of Pope john 22. and of his Council. And the Archbishop of Cullen 1546. did plead the nullity of Paul 3. his Bull of excommunication, because he protested, that so soon as a lawful Council should be opened, he would implead the Pope as party, being guilty of many things censurable by the Council.  
But the late Protestation doth show the authors 
X.  thereof to be no less injurious to our place and authority, than they are over weening of their own. For it is against reason and practise of the Christian Church, that no Primate, Archbishop, nor Bishop, have place nor voice deliberative or decisive in General Assemblies, except they be authorized and elected by their Presbyterial meetings, consisting of preaching and ruling Elders (as they call them) and without warrant or example in the Primitive and purest times of the Church.  
This also doth infer the nullity of an Assembly, if the Moderator and Precedent for matters 
XI.  of doctrine, and discipline, shall be neither the Primate, Archbishop, nor Bishop, but he who by plurality of Presbyters and laymen's voices shall be elected: which happily may be one of the inferior Clergy or a lay-person, as sometimes it hath fallen out. Whereas Canonically, according to the ancient practice of the Church; the Primate should preside: according to the constitution of the first Council of Nice Can. 6. of Antioch Can. 9 and of the Imperial Law Novel. constitut. 123. cap. 10. and according to our own Law. For what place in Assemblies Archbishops and Bishops had in other Christian nations, the same they had (no doubt) in Scotland, and yet still do retain, except by some Municipal law it hath been restrained, which cannot be shown. For the restraint of their authority by the Act of Parl. 1592. is restored by the Act of Parl. 1606. and 1609. and all acts prejudicial to their jurisdiction, abrogated. Neither doth that Act 1592. establishing General Assemblies, debar Bishops from presiding therein: nor the abrogation of their Commission granted to them by Act of Parl. in Ecclesiastical causes imply and infer the abrogation of that authority which they received not from the Parl. but from Christ, from whom they received the spiritual oversight of the Clergy under their charge: whereto belongeth the Presidentship in all Assemblies for matters spiritual, always with due submission to the Supreme Governor: which is so intrinsically inherent in them, as they are Bishops, that huc ipso that they are Bishops, they are Precedents of all Assemblies of the Clergy: as the Chancellor of the Kingdom hath place in Council and Session, not by any Act or Statute, but hoc ipso that he is Chancellor. By Act of Parl. Bishops are declared to have their right in Synods and other inferior meetings; but by no law restrained nor debarred from the exercise of it in national Assemblies: and the law allowing Bishops to be Moderators of the Synods, doth present a list in absence of the Metropolitan, to whom of right this place doth belong, as said is, out of which the Moderator of the General Assembly shall be chosen. For is it not more agreeable to reason, order, and decency, that out of Moderators of Synods, a Moderator of the General Assembly should be chosen, then of the inferior Clergy subject to them?  
As concerning that Act of the General Assembly 1580. whereby Bishops are declared to have no warrant out of Scripture; if corruption of time shall be regarded, the authority of that Assembly might be neglected, no less than that at Glosgow 1610. But it is ordinary that prior acts of Assemblies and Parliaments give place to the posterior: for Posteriora derogant prioribus. And there passed not full six years when a General Assembly at Edinburgh found, that the name of Bishops hath a special charge and function annexed to it by the word of God: and that it was lawful for the General Assembly to admit a Bishop to a benefice, presented by the King's Majesty, with power to admit, visit, and deprive Ministers, and to be Moderators of the Presbyteries where they are resident, and subject only to the sentence of the General Assembly.  
As for that Act at Montrose, let them answer to it that have their calling by that Commission. We profess that we have a lawful calling by the election of the Clergy, who are of the Chapter of our cathedrals, and consecration of Bishops by his Majesty's consent and approbation, according to the laudable Laws and ancient Custom of this Kingdom, and of the Church in ancient times, and do homage to our Sovereign Lord for our Temporalities and acknowledge him solo Deo minorem, next unto God in all causes, and over all persons Spiritual or Temporal, in his own Dominions supreme Governor. But now we may take up Cyprian his complaint, Lib. 3. Ep. 14. Quod non periculum metuere debemus de offensâ Domini, quando aliqui de Presbyteris nec Evangelij nec loci sui memores, sed neque futurum Dei judicium neque praepositum sibi Episcopum cogitantes, quod nunquam omnino sub antecessoribus factum est, cum contumelia & contemptâ praepositi totum sibi vendicent? Atque utinam non prostratâ fratrum nostrorum salute sibi omnia vendicarent. Contumelias Episcopatûs nostri dissimulare & far possem; sicut dissimulaut semper & pertuli: sed dissimulandi nunc locus non est, quando decipiatur fraternitas nostra à quibusdam vestrum, qui dùm sine ratione restituendae salutis, plausibiles esse cupiunt, magis lapsis obsunt.  
Lastly, it is most manifest by the premises, 
XII.  how absurd it is, and contrary to all reason and practise of the Christian Church, that Archbishops and Bishops shall be judged by Presbyters; and more absurd that they should be judged by a mixed meeting of Presbyters and Laics, conveening without lawful authority of the Church. How, and by whom, they are to be judged, according to the custom of ancient times, may be seen by the Counsel of Chalcedon, Can. 9 and Concil. Milevit. Can. 22. and Concil. Carthag. 2. Can. 10. Nor do we decline the lawful trial of any competent judicatory in the Kingdom, especially of a General Assembly lawfully constitute, or of his Majesty's high Commissioner, for any thing in life or doctrine can be laid to our charge: only we declare and affirm, that it is against order, decency, and Scripture, that we should be judged by Presbyters or by Laics, without authority and Commission from Sovereign authority.  
For the reasons foresaid, and many more, and for discharge of our duty to God, to his Church, and to our Sacred Sovereign, lest by our silence we betray the Church's right, his Majesty's authority, and our own consciences, We for ourselves, and in name of the Church of Scotland, are forced to protest, that this Assembly be reputed and holden null in Law Divine and humane: and that no Churchman be holden to appear before, assist or approve it: and therefore, that no letter, petition, subscription, interlocutor, certification, admonition, or other act whatsoever proceeding from the said Assembly, or any member thereof, be any wise prejudicial to the Religion and Confession of Faith by Act of Parliament established: or to the Church, or any member thereof, or to the jurisdiction, liberties, privileges, rents, benefices, and possessions of the same, acts of General Assembly, of Council and Parliament in favours thereof; or to the three estates of the Kingdom, or any of them, or to us, or any of us, in our persons or estates, authority, jurisdiction, dignity, rents, benefices, reputation, and good name: but on the contrary that all such acts and deeds above mentioned, and every one of them, are and shall be reputed and esteemed unjust, illegal and null in themselves, with all that hath followed or may follow thereupon.  
And forasmuch as the said Assemby doth intend (as we are informed) to call in question, discuss, and condemn things not only in themselves lawful and warrantable, but also defined and determined by Acts of General Assembly and Parliaments, and in practise accordingly: to the disgrace and prejudice of reformed Religion, authority of the Laws and Liberties of the Church and Kingdom, weakening his Majesty's authority, disgracing the profession and practice, which he holdeth in the Communion of the Church where he liveth, and branding of Reformed Churches with the foul aspersions of Idolatry and superstition: we protest before God and man, that what shall be done in this kind, may not redound to the disgrace or disadvantage of Reformed Religion, nor be reputed a deed of the Church of Scotland.  
We protest that we embrace and hold, that the Religion presently professed in the Church of Scotland, according to the Confession thereof, received by the estates of this Kingdom, and ratified in Parliament the year 1567. is the true Religion bringing men to eternal Salvation, and do detest all contrary error.  
We protest, that Episcopal government in the Church is lawful and necessary: and that the same is not opposed and impugned for any defect or fault, either in the Government or Governors; but by the malice and craft of the Devil, envying the success of that government in this Church these many years by past, most evident in planting of Churches with able and learned Ministers, recovering of the Church rends, helping of the Ministers stipends, preventing of these jars betwixt the King and the Church, which in former times dangerously infested the same, keeping the people in peace and obedience, and suppressing of Popery, which in respect either of the number of their professors or boldness of their profession, was never at so low an ebb in this Kingdom, as before these stirs.  
We protest, that, seeing these who for scruple of conscience did mislike the Service book, Canons and high Commission, which were apprehended or given forth to be the cause of the troubles of this Church, have now received satisfaction, and his Majesty is graciously pleased to forget and forgive all offences by past in these stirs; that all the subjects of this kingdom may live in peace and Christian love, as becometh faithful subjects and good Christians, laying a side all hatred, envy, and bitterness: And if any shall refuse so to do, they may bear the blame, and be thought the cause of the troubles that may ensue: and the same be not imputed to us, or any of us, who desire nothing more, then to live in peace and concord with all men under his Majesty's obedience: and who have committed nothing against the Laws of the Kingdom and Church, that may give any man just cause of offence: and are so far from wishing hurt to any man, in his person or estate, notwithstanding all the indignities and injuries we have suffered, that for quenching this present combustion, and settling peace in this Church and country, we could be content, after clearing of our innocency of all things wherewith we can be charged, not only to lay down our Bishoprics at his Majesty's feet, to be disposed of at his royal pleasure, but also, if so be, it pleased God, to lay down our lives, and become a sacrifice for this atonement.  
We protest in the sight of God, to whom one day we must give account, that we make use of this Declinator and protestation out of the conscience of our duty to God and his Church, and not out of fear of any guiltiness, whereof any of us is conscious to himself, either of wickedness in our lives, or miscarriage in our callings; being content every one of us, for our own particular (as we have never shown ourselves to be otherwise) to under go the lawful and most exact trial of any competent judicatory within this Kingdom, or of his Majesty's high Commissioner.  
And we most humbly entreat his Grace, to interceded with the King's Majesty, that he may appoint a free and lawful General Assembly, such as God's word, the practice of the Primitive Church, and laws of the Kingdom do prescribe and allow, with all convenient speed, to the effect the present distractions of the Church may be settled. And if there be any thing to be laid to the charge of any of the Clergy, of whatsoever degree, either in life and manners, or doctrine, or exercise of his calling and jurisdiction, he may be heard to answer all accusations, and abide all trial, either for clearing his innocence, or suffering condign punishment, according to his transgressions: declining always this Assembly, for the causes above written. Like as by these presents, we, and every one of us, decline the same, the whole members thereof, and Commissioners foresaid directed thereto, and every one of them.  
We protest that this our protestation in respect of our lawful absence may be received in the name of us under-subscribing for ourselves, and in the name of the Church of Scotland that shall adhere to the said Protestation, and in the name of every one of them, from our well-beloved, Doctor Robert Hamilton, Minister at Glasford, to whom by these presents we give our full power, and express mandate to present the same in or at the said Assembly, or where else it shall be necessary to be used, with all submission and obedience due to our gracious Sovereign and his Majesty's high Commissioner: and upon the presenting and using thereof, acts and instruments to crave, and all other things to do, that necessarily are required in such cases: firm and stable holding, or for to hold, what he, or any of them, shall lawfully do in the premises.  
In witness whereof, as we are ready with our blood, so with our hand we have subscribed these presents, at the palace of Halyrudehouse, Newcastle, and Glasgow, the 16. 17. and 20. days of Novemb. 1638. et sic subscrbitur.  
Jo: St Andreae Arch. Pa: Glasgow. Da: Edinburgen. Tho: Gallovidien. Jo: Rossen. Walterus Brechinen.