A LARGE DECLARATION CONCERNING THE LATE TUMULTS IN SCOTLAND, FROM Their first originals: TOGETHER WITH A PARTICULAR DEDUCTION Of the seditious Practices of the prime Leaders of the Covenanters: COLLECTED OUT OF THEIR OWN foul Acts and Writings: By which it doth plainly appear, that Religion was only pretended by those Leaders, but nothing less intended by them. By the King. LONDON, Printed by ROBERT YOUNG, His Majesty's Printer for Scotland, Anno Dom. M.DC.XXXIX. By the King. THough by Our many Proclamations and Declarations, some whereof are printed, and others were made by word of mouth▪ by Our high Commissioner the Lord marquis of Hamiltoun, during the time of his late employment in Scotland; it doth fully appear to all men, whose minds are not distasted with Justice and Government, what Our religious care, Princely clemency, and unparallelled patience have been for the settling of the late troubles in that Our ancient and native Kingdom of Scotland, and for the composing of that State, so much of late discomposed and disjointed by the seditious practices of diverse impatient of all laws and government: Yet for the further and full satisfaction of all our true hearted and loyal subjects in all Our Kingdoms, and for the manifestation of Our Justice and Piety in Our late proceedings to all abroad, especially to those who with Us adhere to the Religion Reform: We have thought good by way of an Historical Deduction to set down the true passages of all this business, that the world may, as it were under one view and aspect, behold Our gracious and clement comportment towards Our subjects of that Kingdom, and the depraved and froward deportment of many of them towards Us their liege Lord and Sovereign: Not doubting, but that whosoever shall go along by the thread of this Our unquestionable Narration, will rest fully satisfied in these three points. First, That the first contrivers, and since pursuers of their late wicked Covenant, or pretended holy League (a name which all good men did abhor in them of France) though following the pattern of all other seditions, they did and do pretend Religion, yet nothing was or is less intended by them; but that they having received from Us full satisfaction to all their desires, expressed in any of their Petitions, Remonstrances, or Declarations, yet their persisting in their tumultuous and rebellious courses, doth demonstrate to the world their weariness of being governed by Us and Our Laws, by Our Council and other officers put in authority by and under Us, and an itching humour of having that Our Kingdom governed by a Table of their own devising, consisting of persons of their own choosing: A plot of which they are very fond, being an abortion of their own brain, but which indeed is such a monstrous birth, as the like hath not yet been born or bred in any Kingdom Jewish, Christian, or Pagan. Secondly, That Our promises expressed in Our several Proclamations and Declarations to Our people, were not (as the wicked contrivers of that Covenant have ever gone about to make Our subjects believe) only verbal, but sincere and real, and such as We do profess to the whole world in the word of a just and true Prince, We do resolve to make good to all Our subjects of that Our Kingdom: As holding it beneath the greatness and goodness of a just King, that the unjust actions of his subjects should occasion in their Sovereign the least suspicion of breach of promises made by him to them, especially when the performance of them shall conduce to the settling of Religion and Peace. Thirdly, That these men who give themselves out to be the only Reformers of Religion, have taken such a course to undermine and blow up the Religion Reform, by the scandal of Rebellion and Disobedience, which, so far as in them lieth, they have gone about to cast upon it, that if the Conclave of Rome, the several Colleges or Congregations perpetually sitting at Rome for contriving and effecting the means of reducing to the Roman obedience all those Kingdoms and Provinces which have justly departed from them, nay, and if with both these all the Jesuits and others the most specially combined and sworn enemies to our profession, were all assembled in one place, and had all their wits and devices concentrated into one conclusion and resolution; they could hardly have fallen upon such a way, as these pretended Reformers have fallen upon, for turning all men out of the paths of the Reformed Religion, or have settled upon such courses, which can bespeak no other event, but the undoubted overthrow of it, at least in that Kingdom, unless God himself from heaven (which We hope) shall have all their Cobweb contextures in derision: For by their particular proceedings, truly set down in this Our Narration, it will plainly appear, that their Maxims are the same with the Jesuits, their Preachers Sermons have been delivered in the very phrase and style of Becanus, Scippius, and Eudaemon Johannes, their poor Arguments, which they have delivered in their seditious Pamphlets printed or written, are taken almost verbatim out of Bellarmine and Suarez, as appeareth to Us by Our Royal Father his monitory Preface to all Christian Kings and Princes, and his Apology for the Oath of Allegiance, and in the Books writ by others in defence of them both; in all which these arguments are fully answered: And that the means which they have used to induce a credit of their conclusions with their Proselytes, are purely and merely Jesuitical fables, false reports, false prophecies, pretended inspirations and divinations of the weaker sex; as if now Herod and Pilate were once again reconciled for the ruin of Christ, and his true Religion and Worship. Now, if these three particulars by this historical Relation shall undoubtedly appear to the unprejudicate Readers, whether Our Subjects or Foreigners, than We shall little doubt to gain from them their assent to these Our two just desires. First, That these proceedings of some of Our subjects (whom, though they would be accounted the purest Protestants, yet by their wicked Protestations, you will find to be the most froward and perverse Protesters that ever did contest with their Sovereign and his Laws) may not induce an undeserved scandal upon that Religion which We profess: For since their conclusions are quite contrary to the Confessions of the several reformed Churches, in their particular Articles both of the Church and of the civil Magistrate, as appeareth by the Helvetian, French, Belgic, Polonian, Argentine, Palatine, Genevian, Our English and Irish, nay, and their own Scotish positive Confession, printed amongst the Acts of Parliament of that Our Kingdom; and beside, the Augustane and all other particular Protestant Confessions of the Lutherans: And all the weapons wherewith they now fight against these Protestant conclusions, are stolen or borrowed, not only out of the Roman (for many of the Romanists fight with Us against them) but out of the most rigid Jesuits Magazines, why should they not in this quarrel be accounted not as Our friends, but as Our foes; not Protestants, but the most rigid of Papists, Jesuits? and so being without in this point, not bring any scandal upon Us who are within; especially considering that though these men have gone about to wound the Reformed Religion through Our sides, and by opposing Us whom God hath honoured with this special favour (for no less We account it) of being the chief Prince whom he hath made choice of for the Protector and Defender of it: Though, We say, these men have done what they can to weaken this our Religion, by striking at the authority of the principal prop and stay of it upon earth under God; yet We, by the grace of God, are fully resolved to wipe away that aspersion, and remove that scandal from Our Profession and Religion, by Our constant not only adherence to it, but maintenance and defence of it, with the uttermost of that power which God hath put in Our hands, notwithstanding all those scandals which these men by their wicked practices and worse positions have laid upon it. Secondly, We hope that all men will do Us so much right, as to believe, that whatsoever course We shall hereafter take for the Asserting of the Reformed Religion, and repressing the insolences of such of Our subjects as do oppose it and Us in the just and undoubted right of Our Regality, while they pretend Religion, shall not be thought to be by way of a war, but by way of a Prince the Father of his Country his chastising his unruly children, which is never in anger, but in love, and for their good. And if by their stubbornness they shall force Us to a severity unpleasing to Us, and unwelcome to them, We call Him by whom We reign to witness, and heaven and earth and all the world to record, that they with their own hands do unsheathe Our just sword, which We cannot but use as the Minister of God, unless We will betray that trust which the King of Kings hath reposed in Us for the maintenance of Religion and Justice amongst all His people whom He hath committed to Our charge: And if God will have it so, that for their resisting Him and Us▪ His Anointed servant and their Sovereign, He will have some of their bad blood shed, We shall ever make account that that blood is let out of Our own veins▪ nor shall We draw any drop of it in any other case, than a faithful Physician will and must do for the preservation of the whole body. THat Religion is only pretended and used by them as a cloak to palliate their intended Rebellion, is demonstrative by this, That the seeds of this Sedition were sown by the plotters of their Covenant, made under the pretence of Religion, long before any of the grievances or pretended innovations in Religion complained of by them, were ever heard of amongst them. For the truth is, that some years after Our coming to the Crown, by the advice both of some of Our principal Councillors and Officers of State there, as also by the advice of Our learnedest Advocate's and Counsellors at law, according to the example of many of Our Royal Progenitors of happy memory, Kings and Queens of that Our Kingdom, We did make a legal revocation of such things as had been passed away in prejudice of the Crown, especially by some of Our late Royal Progenitors in their minorities; a course warranted by the laws and many years' practice of that Our Kingdom: With this course, some of the principal contrivers of this their present Covenant found themselves much aggrieved, and much of their estates brought within the compass and danger of Our laws, which made them presently begin to grumble and repine, and privately, as much as they durst, and as in them lay, to work underhand in Our subjects minds a distaste of Our government: Which We made account We had quickly rectified, by showing to all Our subjects interessed in that Revocation, Our gracious clemency in waving all the advantages which Our laws gave Us in many of their estates: So that after We had made it apparent to Our subjects, how obnoxious many of them and their estates were unto Us and Our laws, We likewise did make as apparent unto them, Our singular grace and goodness by remitting not only the rigour, but even the equity of Our laws; insomuch that none of all Our subjects could then, or can now say that they were damnified in their persons or estates by that our Revocation, or any thing which ensued upon it: Yet for all this, the principal present malcontents did then begin to persuade with such as they thought they might be boldest with, a disaffection to Our government: And not seeing how they could easily obtrude upon them, the old and usual pretence of discontent, viz. Religion, by a strained and farre-fetched inference they did not stick to lay the envy of the procuring that harmless Revocation, by which no man suffered, upon the present Prelates, who in this were as innocent as the thing itself was: Only because they hoped that the very name of Churchmen or Religious persons, should in the point of faction have that operation with their followers, which they conceived the Church or Religion itself might have had, if they could have seen how to have persuaded them, that by this Revocation either of them had been endangered. A second symptom of their discontent appeared not long after this, upon this occasion: We having daily heard the grievous complaints of many of Our subjects of that Kingdom of all sorts, especially of the Gentry and their Farmers, who paid their tithes to the Nobility, or such others whom they in that Kingdom call Lords of the Erection, or Laicke Patrons, here in England we call Impropriators, how that in the leading or gathering of their tithes, these Lords and Laicke Patrons did use and practise the uttermost of that severity which the law alloweth them, how they would not gather their tithes when the owners of the corn desired them, but when it pleased themselves; by which means the owners, by the unseasonableness of the weather, were many times damnified to the loss of their whole stock, or most part of it (the law of that Kingdom being in that point so strict, as no owner may carry away his nine parts, or any part of them, until the proprietary of the tithes have set out his tenth part:) As likewise understanding at the same time, the deplorable estate of the Ministers of that Our Kingdom in the point of maintenance, how that they received no tithes in their parishes, but some poor pittance, either by way of a stipendiary benevolence, or else some mean allowance from these Lords of Erections or Laic Patrons, unworthy of the Ministers of the Gospel, and which exposed them to all manner of contempt and a base dependence upon their Patrons: We, at the instance and humble petition not of a few, but of the whole Clergy, and with them, of the whole payers of tithes of that Kingdom, begun to take three things into Our serious consideration. First, the wretched estate of the Clergy for want of maintenance: Next, the hard usage and great oppression of all the laity that paid tithes, from the owners of them: Thirdly, a very important point of State, vizt. That it was not fit, that such a considerable part of Our subjects, as all the Ministers who have power over the consciences of the rest, and all the payers of tithes who are the far greatest part of the Kingdom, should have their dependence upon the Nobility or other Laicke Patrons, the one for their livelihood and maintenance, the other not only for fear of having their corns lost or endangered for not carrying them in due season, which was by the law in the power of these owners of the tithes, which power they were sure they would exercise upon them if they should at any time displease them, or not adhere to them upon all occasions good or bad; But likewise because these Lords, owners of the tithes and also of Abbey lands, were likewise for the most part superiors to those who paid them, but were so altogether to those who held the Abbey lands of them by way of vassalidge, and so by their very tenors were to perform all service and attendance to these Lords, their superiors, whensoever they should require it of them. Which important considerations moved Us, by the advice of the learnedest Lawyers there, to grant out a Commission under Our great Seal for that Kingdom, not to a few, but to diverse hundreds, and those of the prime of all estates and degrees, (out of which number the Lords of the Erections and Laicke Patrons were not omitted) for relieving, if they should see cause, both the Ministers and owners of Corn, as also for taking into their consideration the point of superiority and dependence. These Commissioners, after their sitting in great frequency some years, and after full hearing of all parties interessed, and mature deliberation, did set a rate of the value of the tithes, ordered that the owners of the grounds should severally purchase them at so many years purchase, as was then agreed upon by all both buyers and sellers, taking the same course for the rating of superiorities in regard of the Abbey lands, which was likewise accorded unto by all parties; and ordered that every Ministers means should be augmented, in such a certain proportion set down and accorded unto, as the Incumbent should not be enforced any more to be a slave to his Patron. With the conclusions and determinations of this Commission, called the Commission of Surrenders of Superiorities and Tithes, the owners of lands and the Ministers were indeed so really satisfied, that the former with all thankfulness acknowledged Us for their deliverer from an intolerable bondage, under which they and their Ancestors ever since the reformation of Religion had grievously groaned; The latter with infinite expressions of joy and gratitude did celebrate Us as the very father and founder of their several Churches: We gave Our Royal assent to all agreed upon in that Commission▪ being glad that Our subjects were relieved, the maintenance of Our Clergy improved, and both Our Clergy and laity freed from a dangerous dependence upon subjects, and for that freedom obliged to a thankful, hearty, and loyal dependence upon Us, to whom alone by all laws of God and men it is due. The Nobility and other Lay Patrons seemed herewith likewise fully to rest satisfied; and so indeed they were in point of profit, for, according to the rates of purchasing in that Our Kingdom, for their tithes they were satisfied to the uttermost farthing: But they fretted privately amongst themselves, for being robbed, as they conceived, of the clientele and dependence of the Clergy and laity, and of that power, command, and superiority over them, which by that tie of tithes they had enjoyed: Yet, not being able to make Religion itself a fair pretence for this their discontent (for who could imagine that every man his gathering of his own tithes, or the augmentation of Minister's maintenance, could be an affronting or weakening of Religion?) they had recourse to their former fetch, and not without bewraying much heartburning, gave it out, that this Commission (which indeed was obtained by the humble importunity both of Clergy and laity) was procured only by the Bishops, who meant no good to Religion; and so from an unnecessary jealousy of their persons and power, they begun to pretend and suborn a necessary jealousy of Religion itself. A third bewraying of their factious humour, appeared clearly at Our last being in that Our Kingdom, and immediately after Our departure from thence: For some six years ago, having a great desire to visit that Our native Kingdom, and being willing to cheer and comfort Our subjects there with Our presence, and honour them with Our personal Coronation, all which they did most humbly and heartily solicit Us for by their earnest and affectionate supplications; We undertook a journey to them, and according to Our expectation were most joyfully received by them: But immediately before, and at the sitting down of Our Parliament there, We quickly found that the very same persons who since were the contrivers of, and still continue the sticklers for their now pretended Covenant, begun to have secret meetings, and in their private consultations did vent their dislike of Our innocent Revocation, and Our most beneficial Commission of Surrenders: But knowing that these two could gain them no party, than they begun to suggest great fears, that many and dangerous innovations of Religion were to be attempted in this present Parliament: Not that they themselves thought so, but because they knew that either that, or nothing would soil with suspicious jealousy, or interrupt and relax the present joy and contentment which did overflowe in Our subjects hearts, and appeared in their hearty expressions for Our presence amongst them. But We readily confuted all these suspicious surmises; for, except an Act which gave Us power to appoint such vestures for Churchmen which We should hold to be most decent, nothing concerning Religion was either propounded or passed in that Parliament, but that which every King doth usually in that, and all other Christian Kingdoms, pass at their first Parliament, viz. An Act of ratification of all other Acts heretofore made, and then standing in force concerning the Religion presently professed and established, and concerning the Church her liberties and privileges: Which Act being an Act of course, though it passed by most voices, yet was it disassented from, to Our great admiration, by the voices of many of those who are now the principal pillars of their Covenant; which made all men than begin to suspect, that sure there was some great distemper of heat at the heart, when it boiled so over at their lips, by their unnecessary and unprofitable denying of assent to the laws, concerning the Religion and Church, already established; This first Act passing more for form and the honour of Religion, then for any use or necessity of it, all the former Laws still standing in force and vigour without the need of any new ratification. At this time many of Our subjects of greatest quality were suitors to Us for new Titles of Honour, Gentlemen to be Lords, Lords to be Earls: Impossible it was for Us to satisfy all suitors in that kind, without the prostitution of Honour to a just and open contempt; and therefore being put upon a choice and selection, We held it fitter in the point both of honour and justice, to pass by such as both privately in their secret meetings, and openly in the Parliament house, had showed their disrepects to Us and Our just proceedings, than those who had carried themselves not only loyally and dutifully, but affectionately and heartily to Us and Our service. Upon this occasion many of those who were then passed by, and are now principal Covenanters, seeing others advanced to degrees of honour above themselves, begun then presently to mutter, but not to mutiny until We were gone from thence. But scarcely were We well returned into England, when the discontent of these men resolved itself into a plain sedition: For than they had the impudence to give it out, that voices were bought and packed in the late Parliament; nay, that the voices were not truly numbered, but that some Acts were passed without plurality of suffrages: A calumny so foul and black, as that they themselves did know it to be most false: For had there been the least suspicion of truth in it, they might have made trial thereof, by surveying their own papers, and the papers of many hundreds present, who took notes of the number of voices which were given, either by assenting to, or disassenting from the several Acts read and proposed; by which papers if they had found but the weakest ground for this their strong, but false report, We have no reason to think that either their mercy or modesty was such, that they would have forborn the calling of the Clerk of Our Register in question for it; it being as our Chancellor's office to ask the voices, so Our Clerk of Registers office to take them and record them, and according to his own and his Clerk's notes who assist him, to pronounce the Act passed or stopped: In which it is impossible he should deal but with sincerity, for else the notes taken by most of the Auditors, being a present and powerful conviction of his false dealing, must presently transmit him to highest Censure and punishment. But knowing that in a public and judicial way they must needs fail in their proof of this calumny, they betook themselves to the secret and seditious way of malcontents: For first they used clancularie surmises, than they sent about from hand to hand a clandestine infamous Libel, and by it they empoisoned the hearts of many of Our good subjects with a suspicion of obliquity in Our proceedings at the late Parliament: This infamous Libel coming to the knowledge of Our Privy Council there, first they of themselves, than afterwards, having made Us acquainted with it, by Our commandment entered into an inquiry both of the authors and abetters of that seditious Libel; Who found that the author upon whom it was shifted and fathered, was one Hag, then, and still fugitive, but that the abetters, countenancers, and dispersers of it were many, and some of them of greatest quality, and now principal Covenanters: We, out of our innate and usual clemency, were graciously pleased (that the fear and example might reach to all, but the punishment only to one of them) to pass by many, who undoubtedly had been concluded and involved by Our Laws in the same sentence, if We had proceeded against them, and to single out one of that rank, who was most obliged to Us and Our Crown, and therefore both for his ingratitude and crime, had no reason to expect any thing from Us but the justice of Our laws. This one was the Lord Balmerino, his Father was principal Secretary of State for that Our Kingdom, to Our Father of happy memory, to whom he was beholden both for the honour of his Barony, and for his whole fortune and estate which he got in his service: But he was since Our Royal Father his coming to the Crown of England, arraigned for, and attainted of high Treason in Scotland, found guilty of it by his Peers, and accordingly received sentence to be hanged drawn and quartered, his blood tainted, his whole estate forfeited to the Crown: Yet such was the gracious clemency of Our Royal Father, that He, only for a little time, continued this condemned and forfeited Lord in prison, afterward confined him, but to a large circuit, and then restored not only the blood of himself and his children, but also their honour and whole estate: Now this present Lord Balmerino, being so extraordinarily obliged to Our Royal Father and Our Crown, for the life of his father, his own honour and whole fortunes, and so being one from whom We, the son of that Royal and Gracious Father to him and his whole family, had no reason to expect perfidiousness and ingratitude, he could not have the least show of reason to expect any favour from Us, but the favour of a fair and legal trial, which We granted him: At that trial and arraignment, he was by his Peers found guilty of abetting and dispersing that infamous Libel made against Us, and accordingly was to receive sentence of death for it; which Our chief Justice respited only until Our pleasure might be known: Then indeed they who afterwards proved the contrivers of the late Covenant, and their adherents, begun to complain of the hard measure which was offered to this Lord, and to lay false and wicked aspersions upon his Peers who found him guilty; but finding that all the proceedings were usual and legal, they could not but have acquit the Judge if he should have condemned him, nor could they have found the least blemish in Our justice, if We should have given warrant both for his sentence and execution, whose life was now legally devolved into Our hands; and therefore this convicted Lord betook himself only to Our mercy, which We showed to him in that height as We are confident it is hardly to be patterned by any precedent. For notwithstanding the head of this family which was first raised by Our Father, and then being fall'n, yet raised by Him again, and now relapsed, was once again brought under Our axe, as it had been before brought under the axe of Our Royal Father: We, desirous to show Ourself the true heir of none of Our blessed Father's virtues, more than of his mercy and clemency, were contented upon his deep protestations of loyalty for the time to come, to grant him under Our great Seal for that Our Kingdom, not only a Pardon of that crime of which he stood convicted, but also his full liberty and enlargement: Which gracious Pardon of Ours, when it was delivered to him by Our Council, who sent for him being then prisoner in the Castle of Edinburgh, he did before that Table receive on his knees, with the highest magnifying of Our mercy, with the humblest acknowledgements of those infinite obligations by which he and his family stood for ever engaged in the service of Us and Our Crown, with the deepest protestations of all loyal, quiet, and peaceable deportment of himself ever hereafter, and of bending all his endeavours to attend upon all Our Royal courses and commandments, so that Our Council remonstrated unto Us, that We had bestowed Our mercy and grace upon a man, of whom there could not be the least suspicion of his averseness from Our service at any time hereafter, but of whom they might safely promise all forwardness and alacrity in all Our just courses, whensoever it should please Us to use him: And now this same pardoned Lord Balmerino, being one of the chief contrivers, and most malicious prosecutors of this wicked Covenant made against Us and Our authority, how he can be able to answer it to God, Us, and Our Crown, his own conscience, or to the world, even in the point of honour and reputation, it must be left to the world to judge. By this now which hath been said, We suppose it is plain that before either the Service Book, or Book of Canons, so tragically now exclaimed against, were thought on, the seeds of sedition and discontent were sown by the contrivers of the late Covenant, first upon the occasion of our Revocation, next upon occasion of Our Commission of Surrenders, and lastly upon the occasion of Our denying Honours to some of them at Our last being in that Kingdom, which caused first their traducing of Our proceedings in our last Parliament held there, and then produced that infamous Libel. And now by this time sedition was grown so ripe, and ready to seed, that it wanted nothing to thrust it out, and make it shoot forth into an open Rebellion, but some fair and specious pretence: They could not yet compass the cloak of Religion, whereby to siele the eyes, and muffle the face of the multitude, for by none of all the three former occasions could they so much as pretend that Religion was endangered or impeached: But so soon as they got but the least hint of any thing, which they thought might admit a misconstruction that way, they lost no time, but took Occasion by the forelock, knowing that either that, or nothing would first facilitate, and then perfect their designs: Now the occasion they took of fetching Religion within the reach of their pretences, was this. Our Father of blessed memory immediately after his coming into England, comparing the decency and uniformity of God's worship here, especially in the Liturgy of the Church, with that diversity, nay deformity which was used in Scotland, where no set or public form of prayer was used, but Preachers or Readers and ignorant Schoolmasters prayed in the Church, sometimes so ignorantly as it was a shame to all Religion to have the Majesty of God so barbarously spoken unto, sometimes so seditiously that their prayers were plain Libels, girding at Sovereignty and Authority; or Lies, being stuffed with all the false reports in the Kingdom: He did immediately, as became a Religious Prince, bethink himself seriously how His first reformation in that Kingdom might begin at the public worship of God, which He most truly conceived could never be happily effected, until such time as there should be an unity and uniformity in the public Prayers, Liturgy, and Service of the Church, established throughout the whole Kingdom. Concerning this His Royal and Religious design, diverse consultations, for many years, were had with the Bishops and others of the Clergy of most eminent note in that Kingdom. But these deliberations (as it happeneth many times in business of so pious and ponderous importance) received some opposition, and many intermissions, until the year 1616. in a General Assembly (which is answerable to the Convocation of the Clergy here in England) held at Aberdene in August, Our Royal Father by His Letters, and the vehement instance of His Commissioners then and there present, easily made apparent to that whole Assembly, not only the conveniency, but indeed the necessity of a public Liturgy to be settled throughout the whole Land: Which moved that Assembly to pass an Act, whereby they authorised some of the present Bishops, and divers others, to compile and frame a public form of Liturgy, or Book of Common Prayer, which should first be presented to Our Royal Father, and after His approbation should be universally received throughout the Kingdom. This Book in pursuance of that Act of Assembly, being by those who were deputed for that purpose framed, was by the Lord Archbishop of Saint Andrew's that now liveth, sent up to Our Royal Father, who not only carefully and punctually perused every particular passage of it himself, but had it also considerately advised with, and revised by some of that Kingdom here in England, in whose judgement He reposed singular trust and confidence; and after all His own and their observations, additions, expunctions, mutations, accommodations, He sent it back to those from whom He had received it, to be commended to that whole Church, being a Service Book in substance, frame, and composure, much about one with this very Service Book which We of late commended to them, and which undoubtedly then had been received in that Church, if it had not pleased Almighty God, that while these things were in doing, and before they could receive their much wished and desired period and consummation, to the invaluable loss, as of the whole Church of God, so particularly of that Church of Scotland, to translate Our blessed Father from His temporal Kingdoms to that which is eternal. We, by the grace of God, succeeding to Our royal Father, were desirous to make it known to the world, that We did not hold it a greater honour to succeed Him in His Crowns, then to be His Successor in His Princely virtues, and especially in that in which He was most eminent, His singular piety and religious care of the public service of God; which finding here in this Kingdom of England, by His singular wisdom and vigilancy, settled even to the admiration if not envy of all other Churches, We resolved by the grace of God to pursue that His Pious and Princely design, for settling a public Liturgy in that Our Kingdom of Scotland, it having been so happily achieved, facilitated, and almost perfected by Him: To which purpose We caused the same Service Book, transmitted by Him to that Church, to be remitted and sent back to Us, that after Our perusal and alterations, if any should be found, either necessary, or convenient, it might likewise receive Our Royal authority and approbation: We having received that Book, and after many serious consultations had with diverse of Our Bishops and Clergy of that Kingdom then here present with Us, and after Our advices by Our Letters and Instructions to the rest at home, and after many humble advertisements and remonstrances made from them to Us of the reasons of some alterations, which they did conceive would remove diverse difficulties, which otherwise they feared this Book would encounter with; We were contented that the Service Book should come out as now it is printed, being fully liked by them, and signed with their hands, and perused, approved, and published by Our Royal command and authority. In the perusal and approbation whereof, We took special care, that the small alterations of it in which it differeth from the English Service Book should be such, as We had reason to think would best comply with the minds and dispositions of Our subjects of that Kingdom: For We supposing that they might have taken some offence, if We should have tendered them the English Service Book totidem verbis, and that some factious spirits would have endeavoured to have misconstrued it as a badge of dependence of that Church upon this of England, which We had put upon them to the prejudice of their Laws and Liberties; We held it fitter that a new Book should be composed by their own Bishops, in substance not differing from this of England, that so the Roman party might not upbraid Us with any weighty or material differences in Our Liturgies, and yet in some few insensible alterations differing from it, that it might truly and justly be reputed a Book of that Churches own composing, and established by Our Royal Authority, as King of Scotland: And thus conceiving We had discharged the duty of a religious King towards God, and of a gracious Prince in accommodating this Book so, that Our subjects of that Kingdom should have no cause to have the least suspicion of any intended dependency of that Church upon this, We sent home the Book to the Lords of Our Privy Council: After their receipt & consideration of it, We, by their advice, and they, by Our Authority, commanded by public Proclamation that the said Book should be publicly read and received in all the Churches of that Our Kingdom, and should begin to be practised upon Easter next, 1637. Disobedience to this Our Proclamation We had little reason to expect, because this Service-book was no new thing unto them: For it not differing from the English Service-book in any material point, and We supposing that the English Liturgy neither was nor could be displeasing to them, did likewise conceive that this Book should be as little disliked by them: Now the reasons inducing Us to a belief of their not misliking the English Liturgy, were these. First, many of Our subjects of that Kingdom of all sorts daily resorting to Our Court and the City of London, did much frequent our Chapel, many other Churches in or about the City, and many Churches, during their stay here at the several places of our residence, and many other Churches within this Kingdom upon their way, both hither and homeward; in all which Churches they did behave themselves during the time of divine Service with that reverence as others of Our subjects of this Kingdom did, without any dislike of it, or quarrelling against it. Now these who resorted hither, being for quantity and number very considerable, and for quality (for the most part) of the very best, gave Us more than a probable assurance, that at home they would never account that absolutely in itself unlawful and Antichristian (as many of them have since professed,) unto which they had here of their own accord by their practice yielded obedience: For neither municipal Law, nor variation of time or place, nor any other circumstance, can allow Us to practise that which we hold in itself to be simply unlawful, Antichristian, and against the Word of God. Secondly, in Our own Chapel at Haly-rud-house, ever since the year of Our Lord 1617. the English Liturgy hath been read, and according to it divine Service sung and said, as it is here said and sung in Our Chapels in England, not only without dislike, but with frequent Assemblies of Our Council, Nobility, Bishops, & other Clergy of all sorts, Judges, Gentry, Burgesses, women of all ranks: The Bishops or some of them never gave Orders (which they did frequently) but they used the English Service-book, & in some Cathedral Churches of that kingdom, as also in the new College of the University of S. Andrew's, for some years of late it was publicly read without any distaste, much less disturbance; for diverse years it was used in many families, and at Our last being in that Kingdom it was read publicly in all Churches to which We resorted, in which great numbers of all sorts of people were present: All which gave Us good reason to conceive, that the commanding of this Book by Our authority, could not in any true sense be called or accounted an innovation, all sorts of people, and very many of those of all ranks who now inveigh most bitterly against it, having been so accustomed to it▪ and acquainted with it, and that without any dislike of it or complaint against it. Thirdly, We confess that one of the chiefest reasons moving Us to believe, that that Service-book (being in substance all one with this of England) could not be held by them to contain any thing tending to Idolatry, Popery, or Superstition (as since they have pretended) was this; We did foresee that all objections bending that way must needs strike at the English Service-book aswell as at that (and indeed all of them which they have preached or published against that book do so;) but We did then and do still take it as granted, that no man, who hath his wits about him, can charge the least suspicion of these things objected, upon the English Service-book: For since it is well known to the whole Christian world, that the Composers & Framers of the English Service-book were those very famous Bishops & others, who in Queen Mary her days delivered up their living bodies to the fire, or escaping the fire endured banishment, & only because they would not yield to Popery and Superstition: How these men now, whom in their own judgement they hold to be ranked amongst the most glorious Martyrs of the Church, for resisting even to blood, Idolatry, Popery, and Superstition, can with any conscience or honesty be charged by these men with compiling of a Book stuffed full with Idolatry, Popery, and Superstition, it requireth more than an ordinary understanding to apprehend: And beside, it will be made good, that more of the Bishops and learned Clergy of England, both for number and weight, have opposed Superstition and Popery, then can be found in all the reformed Churches beside, who all of them have lived in the practice of the English Liturgy, and defended the same; which they would never have done if they had supposed it to contain Idolatry or Superstition. These now were the grounds which inclined Us to conceive that the Service-book, authorized by Us for that Kingdom, was not like to receive any public or considerable opposition, though We did never expect it should miss to meet with that misfortune which attendeth all other Books of this kind, and which hath waited upon the English Service-book here, viz. to be disliked and defamed by some whose judgements either being weak are not capable of satisfaction, or being distempered with the humours of singularity, are resolved never to receive, or at least never to seem to receive any satisfaction. And yet, even those men too, especially they of the first sort, men of weaker judgement, before, and at the time of the publishing of this Book, were not cast without the compass of Our care and clemency: For We did with that Book send home certain instructions and directions to our Bishops of that Kingdom signed with Our own hand, amongst which this was one: That notwithstanding We had now established this Book by Our authority, yet they should proceed with all moderation, and dispense with such for the practice of some things contained in the Book, as they should find either not well persuaded of them, or willing to be informed concerning them, or did hope that time and reason might gain to a better belief of them: Nay yet more, to foresee what probable opposition this Book might be like to receive, We caused Our Council by Proclamation to publish a set day for the reading of it in all Churches, which was the Easter day following, 1637: All which time, though no symptoms of any considerable opposition did appear, yet upon good considerations, and for the further trial of men's minds, the first reading of it was delayed until the xxiii. of July next ensuing, to the end that the Lords of the Session, and others who had any Law-businesse, might see the success of it before the rising of the Session, which always endeth on the first of August, and that so upon their return to their several Countries they might report the receiving of this Book at Edinburgh; it being ordered, that on that Sunday the Book should be read only in the Churches of Edinburgh, and those which were next adjacent: And because it should not be read that day neither unexpectedly, warning was first printed, and then published in all these several Pulpits the Sunday immediately before, that the next Sunday the new Service-book was to be read: After all which premonitions made only to try how the people stood affected, & no fear of tumult appearing; Nay, the Service-book, which was to be read, having been in public Sermons commended by many Preachers, without any apparent disgust of the Book, or disgrace offered to the Preachers persons; Nay, having been commended in Sermons by some of their now principal Covenanting Ministers, who since have been the greatest railers against it, by none more than one Rollock a Minister of Edinburgh, who, both in a Sermon preached by him at a Synod held at Edinburgh before the Bishop of that Diocese, and in his Sermon on the Sunday of intimation of the reading of the Service-book the next Sunday, did highly magnify the said Book: And so the tendering of this Book being thus prepared and sweetened with these gracious considerations of time, & expectation of the discovery of men's affections, which, for any thing appeared to the contrary, were very calm & composed, who could have imagined that the first reading of it should have been attended with such a barbarous tumult and insurrection, as was raised in the Churches and streets of Edinburgh the Sunday following? the true relation of which tumult, as it was sent up to Us, doth here follow. On the twentie-third day of July, 1637. being Sunday, according to the public warning given the Sunday before, the Service Book was begun to be read in Edinburgh in Saint Gyles Church, commonly called the great Church; where were present (as usually they are) many of Our Council, both the Archbishops and diverse other Bishops, the Lords of the Session, the Magistrates of Edinburgh, and a very great auditory of all sorts of people. Amongst this great multitude there appeared no sign of trouble: But, no sooner was the Book opened by the Dean of Edinburgh, but a number of the meaner sort, who used to keep places for the better sort, most of them women, with clapping of their hands, cursings, and out-cries, raised such a barbarous hubbub in that sacred place, that not any one could either hear or be heard: The Bishop of Edinburgh, who was to preach, stepped into the Pulpit, which is immediately above the place where the Deane was to read, intending to appease the tumult, by putting them in mind that the place, in which they then were, was holy ground, and by entreating them to desist from that fearful and horrible profanation of it: But he was entertained with as much irreverence as the Dean, and with more violence; in so much, that if a stool, aimed to be thrown at him, had not by the providence of God been diverted by the hand of one present, the life of that Reverend Bishop, in that holy place, and in the Pulpit, had been endangered, if not lost: The Archbishop of Saint Andrew's Lord Chancellor, and diverse others offering to appease the multitude, were entertained with such bitter curses and imprecations, as they not being able to prevail with the people, the Provost, Bailiffs, and diverse others of the Council of that City were forced to come down from the Gallery in which they do usually sit, and with much ado, in a very great tumult and confusion, thrust out of the Church these disorderly people, making fast the Church doors: After all which, the Dean devoutly read Service, assisted by Our Councillors, Bishops, and many other persons of quality there present: Yet the out cries rapping at the Church doors, throwing of stones at the Church windows by the tumultuous multitude without, was so great as the Bailiffs of the City were once more put to forsake their places, and use their best endeavours for the appeasing the rage and fury of those who were without. Service being ended, the Bishop preached, after which the Congregation was dismissed: The Bishop of Edinburgh retiring himself to a lodging distant not many paces from the Church, was so environed with a multitude of the meaner sort of people, cursing and crowding him, that he was near being trodden to death; and in all probability had been so, if he had not recovered the stairs of his lodging, which he no sooner began to go up, but he was so pulled by the sleeve of his gown by some of that rude rout, that he had like to have tumbled backward down the stairs, to the endangering of his life, yet with much ado getting up the stairs he found the door, at which he should have entered, shut against him, and so being put to a stand, he had certainly been oppressed with the press and violence of that rabble, if the Earl of Weems from his next lodging, seeing the Bishop's life in danger, had not sent his servants to rescue him, who got the Bishop almost breathless into his lodging. The same morning the Service Book was read in the next Church to Saint Gyles Church, not without noise and tumult, yet the fury was not so great as in the other Church: In the Grey Friar's Church the Elect Bishop of Argyle (being Colleague to Master Ramsey who refused to read it) begun to read the Book, but he was so cursed and exclaimed against, and threatened to be pulled down, that after the reading of the Confession and Absolution, he was forced to give over. In the College Church, Rollock, one of the Preachers there, who the Sunday before, at the intimation of the reading of it, had so much commended the Book, and had undertaken this day to read it, though he had the Book ready to be carried to the Church with him, yet, very wisely, resolved to halt a little, until he might know how it was entertained at Saint Gyles Church, that so his conscience might comply with the carriage of the multitude, whose rudeness being reported to him, he (notwithstanding his commendations of the Book, and his faithful promise to read it,) thought it the safer course to leave himself to the censure of all men for his levity and breach of promise, then offend the multitude, whose favour is the only air in which he taketh delight to breath and live: And thus that morning passed. Between the two Sermons, such of Our Council as were in the Town, assembled at the Lord Chancellor his lodging, where the Lord Provost and Bailiffs of Edinburgh being called, undertook to do their uttermost endeavours for the quiet and peaceable reading of the Service Book in the afternoon; which accordingly they did, and so the Service Book in Saint Gyles and some other Churches, that afternoon was read, without any such tumult or insurrection as it encountered with in the morning; yet the furious multitude, who stayed in the streets, and little regarded the service of God in the Churches, intermitted nothing of their madness▪ For the Lord Privy Seal Earl of Roxborough returning home to his lodging, and having with him in his Coach the Bishop of Edinburgh, was near suffering the death of the first Martyr St. Stephen, his Coach and Coachman, for having the Bishop in it, being so pelted with stones, and hooted at with execrations, and pressed upon by the eager and mad multitude, that if the Lord Privy Seal his Footmen had not with their swords kept them off, they in the Coach had been brought in danger of their lives, having after long and continual bicker much ado to recover their lodgings. And now We desire all men to consider what blessing and success from heaven may be expected upon this grand and important reformation of Religion, as they call it, the begetter and beginner whereof was the horrible profanation of the Lords own day, and that in the Lords own Houses and Temples, and all this attended with the contempt and treading under foot the sacred Authority and Laws of Us the Lords Anointed, as also with the violation of the persons of the Lords Priests and Prophets, his Bishops and Ministers, and all these practised by a base multitude, disavowed and disclaimed at that time by all Magistrates and persons put in authority, and all others of any rank or quality, who branded that multitude with the names of the scum and froth of the people, and offered themselves, to the uttermost of their diligence and assistance, for the finding of them out, and bringing them to highest and condign punishment, as shall presently appear by the demeanour of the Magistrates when they were called before Our Council for that purpose. For the next day, being the 24. of July 1637. Our Council assembled, and sent forth a Proclamation in detestation of the uproar and tumult the day before, and discharged all concourses of people and tumultuous meetings in Edinburgh under pain of death; at which time the Magistrates of Edinburgh being then present at Our Council Table, professed their utter abhorring, and detesting of the last tumult, and apprehended some suspected to be most forward in it, and thereupon were commanded and ordered by an Act of Our Council of the 26. of July, to assemble the Council of the City the next morning by eight of the clock, and then and there to resolve what course they thought fittest to be held for the finding out of the movers of, and chief actors in the late seditious uproar, and immediately after to report their diligence and resolutions herein: Which report they accordingly made to Our Council, not only with a detestation of that tumult, and promises of their best diligence for finding out the authors and abettors of it, but also with large proffers of their best assistance for the quiet and peaceable establishing and reading of the Service Book in all their Churches. But the Ministers of that City being loath to undertake the reading of it, without some security given for the safety of their persons, the Lords of Our Council by their Act of the 28. of July 1637. ordered the Provost, Bailiffs, and Council of Edinburgh to advise amongst themselves concerning some obligatory Act to be made by them, for a real performance of what they had undertaken, and should further undertake for the peaceable exercise of the Service Book, which they accorded unto, and promised, that since the former Readers in their several Churches, had refused to read the Book, if in the mean time the Ministers themselves would read it, they would take order for their safety, and when new Readers should be provided, they would take order both for their security and settled maintenance and allowance: In pursuance whereof, an obligatory Act was drawn up by Our Advocate, and read before Our Council to the Magistrates of Edinburgh the sixth of August 1637. to which they humbly consented, and on the tenth of the same month, the said Act of indemnity being exhibited before Our Council, was allowed by them, and accordingly passed and entered in Our Council book as an Act of Council: And so now this late tumult in all appearance being settled, and not only fathered upon the scum and dregges of the people, but cried down by all men either of place or quality, and by none more than by the Magistrates and Ministers of Edinburgh, Our Council not fearing any new outrage, proceeded to these two things. First, to the exemplary punishing of such of the heads of the late tumult as they should discover: And next, to the settling of the practice of the Service Book, and appointing a new day for renewing the exercise of it; to which the Bishops, Magistrates and Ministers of Edinburgh agreed: And this their forwardness the Magistrates of that City were not only contented to express before Our Council, both by their verbal promises and protestations, as also their obligatory Act remaining upon record, and registered in Our books of Council, but likewise by two particular Letters sent by them into England unto the Lord Archbishop of Canterbury, in which they desired him to recommend unto Us, their care of, and fidelity to Our service, and to undertake for them to Us their zeal and forwardness, for settling the peaceable practice of the Service Book: Which Letters We here have caused to be inserted, that the Reader may see what names of simplicity and ignorance they bestow upon that multitude, which made the first opposition, and withal take notice of the names of the Magistrates subscribers to these Letters; for some of them (which hardly could be expected from reasonable men) will be found to be very forward, if not leaders in the next succeeding sedition, and so of the rest which have followed since: The Letters be these. Most Reverend Father in God and our very good Lord, We regrait from our hearts that tumult which did fall out in our Churches that day of the inbringing of the Service Book, wherein now these of his Majesty's Council, who have laboured the trial thereof, will give testimony of our innocence: Since that time and the rising of his Majesty's Council in this feriall time, we have daily concurred with our ordinary, and our Ministry for settling of that Service Book, as the right Honourable the Earl of Traquair Lord Treasurer, with the Bishops of Galloway and Dunbleane will bear witness; who have spared neither pains nor attendance to bring that purpose to a good conclusion: And although the poverty of this City be great, being almost exhausted with public and common works, yet we have not been lacking to offer good means, above our power, to such as should undertake that service; and in all things wherein we have been required, we have ever been ready really to approve ourselves obedient and loyal subjects to his Majesty, in all his Royal commandments, which we have vowed ever to second to our lives end. And we being infinitely obliged to your Grace's favours, we now presumed by these lines to give your Grace that assurance of obedience upon our part, in this purpose and in all other purposes wherein we may contribute to the advancement of his Majesty's service, or can be expected of good subjects: Whereof if his Majesty by your Grace shall be pleased to rest assured, whatsoever any other shall suggest, we will accept it from you as a great accumulation of favour; for all which your Grace shall ever find us most thankful Remembrancers, and most ready really to express our thankfulness, whenever we shall be made so happy as that your Grace shall have occasion to use our service. Thus from our hearts wishing you all happiness, we kiss your Grace's hands. Edinburgh this 19 of August, 1637. Your Grace's most affectionate and humble servants the Bailliffes of Edinburgh. J. Cochrane, baily. An. Ainslie, baily. J. Smith, baily. C. Hamilton, baily. THE SECOND LETTER. Most Reverend Father in God and our very good Lord, We did receive your Grace's kind letter, and from our hearts we do render your Grace most hearty thanks; and as we have hitherto found your special favour in this matter, concerning the laitly imprinted Service Book, whereanent we did write to your Grace formerly, showing our dutiful and obedient resolution, not only in ourselves, but in the greatest and best part of our Inhabitants, of whom from time to time we had most confident assurance; so now we must again become new suitors at your Grace's hands to receive from us a true information of the difference of the present time, and of that when we did presume to write the occasions thereof, which is, that since our last there hath been such an innumerable confluence of people from all the corners of this kingdom, both of Clergy and laity, and of all degrees by occasion of two Council days, and such things suggested to our poor ignorant people, that they have razed, what we by great and continual pains had imprinted in their minds, and have diverted them altogether from their former resolutions, so that now when we were urged by ourselves alone, we could not adventure, but were forced to supplicate the Lords of Council to continue us in the state they had done the rest of the kingdom; having hitherto forborn either to combine with them, or to countenance them in their supplications, yet we will not forbear to do our Master's service to our power, but shall study to imprint in their minds what hath been taken away; in the interim we will humbly beg your Grace's favour and intercession with his Majesty, that we may be keeped still in his favour, which we do esteem our greatest earthly felicity, and that what course shall be taken with the rest of this kingdom in that matter, who have presented many supplications, and with whom we have in no ways combined, that the same and no other may be taken with us, wherein we are confident to prevail as much as any other within the kingdom, and in all things shall endeavour nothing more, then that we may approve ourselves most dutiful and obedient subjects. Thus relying upon your Grace's favour, as our most assured refuge, we kiss your Grace's hands, and rests, Edinburgh this 26. of September, 1637. Your Grace's most affectionate and humble servants, the Bailliffes of Edinburgh. J. Cochrane, baily. J. Smith, baily. C. Hamilton, baily. James Rucheid. We confess that these large undertake of the Magistrates, moved Us to remit much of Our intended rigour against the offenders in the first uproar, hoping that their acknowledgement of Our clemency, would have produced effects quite contrary to those which We have found: And now We shall desire the Reader to observe, that this first tumult was owned by none, condemned and cried down by all, the authors of it, and actors in it called by all sorts, by no better names than Rogues, and the base Multitude: What will you then think, if that within very few days you shall see the very same liberal bestowers of these names entering upon the same Stage, repeating and acting over again the parts of that mad Multitude; Only the Stage you shall see a little better hanged, and the Scenes better set out, and the Play having a more specious name of Piety and Religion? For soon after, these base and unruly people, who were so much out in their first act of Rebellion, (as Actors at the first are not commonly perfect) were in the Pulpits, even for that their first and foul act so much of late hissed at and decried, afterwards magnified for the most heroical Sparks that ever God inspired and raised up in this last age of the world; and though they were but Asses, yet they were cried up for having their mouths opened immediately by God, as the mouth of Balaams' Ass was, to the upbraiding of all the rest of the Land, who held their peace when they should have cried and brayed as they did: Their happy mouths and hands, which God was pleased to honour that day with the beginning of their new blessed Reformation, and occasioning their celestial Covenant (as they called it) were so highly extolled by their Preachers, that they assured their Auditors that their memorial should be eternal, whom before they had called the scum of the people, and the base Multitude, and that all succeeding generations should call them blessed. These high flown speeches, and many others of the like extravagant strain, both in the Pulpits and out of them, immediately after the first tumult, and ever since, have been bestowed, and that not sparingly, upon that multitude, which not long before they called base and rascal: But no wonder, for many of the better sort having succeeded that multitude in the same madness, they must needs now give them new, high, and Heroical titles, such as they would have given to themselves now acting their parts; for now their own actions come next upon the Stage to be viewed and judged. All businesses now for a time seemed to be hushed and calmed, by reason of the long vacation, which in that Kingdom beginneth always on Lammas day, and the Harvest, which drew all sorts of people from Edinburgh, except the Citizens; so that little or nothing was done between the last of July and first of October, save that some Ministers petitioned the Lords of Our Council for suspending the Letters whereby they were charged to receive the Service Book, and that they of Edinburgh begun a little by the instigation of their two silenced Ministers to relent of their former forwardness for receiving the said Book, and to repent themselves of their too eager condemning the raisers of the first insurrection, and presented to Our Council on the 26. of September a Petition, humbly desiring not to be pressed with the Service Book notwithstanding all their former undertake, but to be continued in the same case with all the rest of the Kingdom, until Our pleasure were further known; which Petition, as they alleged, they were necessitated to present, by the example and encouragement of all ranks from all parts of the Kingdom. But so soon as Harvest was done, the conflux of all sorts of Our subjects, Nobility, Gentry, Ministers, and Burgesses from all parts of that Kingdom, came to be so great at Edinburgh, and after such a tumultuous manner, as that, a present Insurrection was justly feared; which forced Our Council, assembled then at Edinburgh upon the day before appointed by them, viz. the xvij. of October, 1637. to make three Proclamations; The first, to give notice that on that day nothing should be treated of at the Council Table concerning Church business, until the Lords might see the times, and meetings of his Majesty's subjects more quiet and peaceable; and therefore commanded all who were come thither about any such business, peaceably to repair to their own homes within four and twenty hours, under the pains expressed in the said Proclamation: A second, for removing the Session (which is here in England called the Term) from Edinburgh to Lithcow, for fear of present danger, if this great concourse of people should not some way be diverted and divided, especially considering that those of Edinburgh were now apparently perverted, and become very evil affected to Our and Our Counsels courses of peace and quietness: A third, for bringing in and burning a certain seditious Book newly dispersed amongst our subjects there, tending to sedition and the disgrace of Our Ecclesiastical Government here in England: The three Proclamations are here inserted. Apud Edinburgh 17. Octob. 1637. FOrasmuch as it hath pleased the King's Majesty, upon diverse good respects and considerations, to give warrant and direction to the Lords of his Majesty's Privy Council, for dissolving the meeting of this Council day, in so far as concerneth matters of the Church: And that every one that hath come to attend this business, repair to their own dwellings, except such persons as shall make known to the said Lords of Council just cause of stay for their particular affairs; Therefore the said Lords, according to his Majesty's special warrant and direction sent unto them, have dissolved, and by the tenor hereof do dissolve the meeting of this Council day, in so far as concerns the business above written; And ordains a Maissar of Council to pass to the market Cross of Edinburgh, and to make publication hereof; And to command every one that hath come hither to attend this business, to repair home to their own dwellings within 24. hours after the publication hereof, except such persons as shall make known to the said Lords just cause of their further particular affairs in manner aforesaid, under the pain of Rebellion, and putting them off to the Horn; with certification to them, that if they fail they shall be denounced Rebels, and put to the Horn, and all their movable goods escheat to his Majesty's use. Apud Edinburgh 17. Octob. 1637. FOrasmuch as it hath pleased the King's Majesty, upon diverse great and good considerations known to his Majesty, to remove his Council and Session from the City of Edinburgh to the Burgh of Dundie: And whereas it is inconvenient at this time to remove it so far, his Majesty is graciously pleased that this next Session shall be holden at the Burgh of Linlithgow, and the next after the ordinary vacants at the Burgh of Dundie: And there to remain during his Majesty's pleasure: And therefore the said Lords, according to his Majesty's special direction, ordains Maissars or Officers of Arms to pass and make publication hereof to all his Majesty's good subjects by open Proclamation at all places needful, whereby they can pretend no ignorance thereof, but may prepare themselves to attend at Linlithgow and Dundie accordingly. Apud Edinburgh Octob. 17. 1637. FOrasmuch as the King's Majesty is credibly informed, that there is a certain book entitled, A Dispute against the English Popish Ceremonies, obtruded upon the Kirke of Scotland, and hath been sent abroad and dispersed in this Kingdom, purposely to stir the hearts and affections of the subjects from their due obedience and allegiance: And therefore it hath pleased his Majesty to give order and direction to his Council, that diligent inquiry and search be made for the said book; And for this effect the said Lords ordains letters to be directed to make intimation and publication to all his Majesty's subjects, that such of them as have any of the said books, bring in the same to the Lords of his Majesty's Privy Council betwixt the date of this Proclamation and the day of And the said books being brought in, that the same be publicly burnt, certifying all his Majesty's subjects if any of those books shall be found or known to have been with any of them after the time aforesaid, that they shall incur the like censure and punishment as the Author may be found to deserve for any thing contained in that book. ANd whether We and Our Council were not justly necessitated to these Proclamations, and whether it were not high time to require obedience to them, though none was yielded, let that barbarous insurrection which was raised the next day, sufficiently testify. On the eighteenth of October 1637. the Bishop of Galloway and Sir William Elfinston Lord chief Justice of that Our Kingdom, being appointed by the Lords of Our Council to examine witnesses in a cause depending before them, between Francis Stuart son to the late Earl of Bothwell, and diverse others, the Bishop was peaceably passing along the street towards the Council-house where the examinations were to be taken: But suddenly an enraged multitude surrounded him, and followed him with fearful cursings and exclamations close to the Council-house door, where he was again encountered afresh with a new troop, who watched, and lay in wait for his coming thither, and whose fury exceeded words; for in all probability the Bishop had been pulled in pieces by them, if by divine providence he had not been defended by the said Francis Stuart, who with much ado got the Bishop within the doors of the Council-house, where Our Lord chief Justice stayed for him: But when he was there, that place of highest Reverence within that Our Kingdom, was no Sanctuary for him; for they continued demanding his person, and threatening him with death: The report hereof, and the danger of their Lord's life, was brought by some of the Bishop's servants presently to the Earl of Traquair Our Lord Treasurer, and the Earl of Wigton, one of the Lords of Our Council, who were then at a lodging not far from thence: They came presently with their followers to the relief of the Bishop, but very hardly for the crowd of the mutineers could approach the Council-house where he was; at last, when with much ado they got entrance, they found themselves in no better case than the Bishop was, for the people's fury meeting with no proportionable resistance, increased the more: The Lords thus beset in Our Council-house, sent privately to the Lord Provost, Bailiffs, and Council of Edinburgh, who were then assembled in their own Council-house, requiring them to come to their rescue, and to take some present order for their safety: They, by one Sir Thomas Thompson, who indeed was an eye witness of the truth of it, returned this answer; That they were in the same, if not a worse case themselves, if the Lords without did not presently pacify the enraged multitude; that the whole streets were pestered with disorderly people; that their Council-house was beset without, and thronged within, with their own threatening Citizens, who had vowed to kill all within their house, unless they did presently subscribe to a paper presented to them, which for fear of their lives they were forced to do: Which paper contained these three particulars: First, that they should join with them in opposition to the Service Book, and in petitioning Us for that purpose: Secondly, that by their authority they should presently restore unto their Pulpits and places Master Ramsey and Rollock, their two silenced Ministers: Thirdly, that they should restore unto his place one Henderson a silenced Reader: No doubt three most important grounds for such a fearful sedition: No better answer being returned, the Lord Treasurer and the Earl of Wigton, with their followers, resolved to go up to the Town Council-house, and to use the uttermost of their authority, or (if that found no respect) their best persuasions for settling the present sedition: When they came thither, they found the Magistrates very much discomposed, & greatly perplexed, as much doubting whether they should ever escape from the place with their lives; yet they presently entered into consultation with them about what was fittest to be done in such an exigent; and finding now that the public divulging of that paper which the Magistrates and Council of the City had subscribed, and that the open proclamation of it throughout all their turbulent troops, and at the Cross, had a little assuaged their furious rage, the Lords begun to advise with the Magistrates what was best to be done for the safety of the Bishop of Galloway, whom they had left besieged in the Council-house: It was thought fit by all, that the Lords should return to Our Council-house, and contain themselves therein, till the Magistrates might try what they could do for calming the commotion in the streets: But no sooner had the Lords presented themselves to the streets, but they were received with such violence as they were forced to retire, until such time as two of the Bailiffs with their Sergeants and Officers, and such others as they got to attend them, accompanying the Lords, and repeating to the multitude what had been yielded to in the paper exhibited to them, a little way was made at first; But presently when they entered upon the great street, the barbarous multitude run most inragedly upon them: Their out-cries were horrible and confused, but were (as much as in such a confusion could be distinguished,) God defend all those who will defend God's cause, and God confound the Service Book, and all the maintainers of it. The Lords being in present and imminent danger, assured the people that they would represent their grievances to Us; for when they perceived that the people refused to obey any commandment which was laid upon them in Our name, and that they slighted their requiring of them to retire unto their own houses, and to behave themselves as quiet and good subjects; under pain of Our highest displeasure, they were glad then to betake themselves to entreaties and plausible persuasions; but all in vain: For the people still increased their fury, and that to such a height, as that the Lord Treasurer was thrown down, his hat, cloak, and white staff pulled from him, so that if by the strength of some about him, he had not been presently pulled up again upon his feet, he had undoubtedly been trodden to death, and in that posture without hat or cloak, like a notorious malefactor, was he carried by the crowd to Our Council-house door, where the Bishop of Galloway and others of Our Council were imprisoned, in great fear, and expecting the Lords return for their relief: Not long after the Provost and Bailiffs came thither to them, told them they had used their uttermost power and persuasions with the best, ablest, and of the prime esteem of all their Citizens for the appeasing of the present tumult, and securing their Lordship's persons, but could find no concurrence nor obedience: Whereupon the Lords resolved to send for some of the Noblemen, and Gentry, and others who were now frequently assembled for assisting the petition against the Service Book, to try what help they would or could contribute for quieting the enraged people, and what assistance they might expect from them in freeing them from the present danger: They, being sent for, came to the Lords and declared unto them how much they were unsatisfied with the present mutiny, offered their persons and power for securing them from all violence; which the Lords in Our Council-house accepting of, with much ado (being guarded by them whom the people would not offend) the Lord Treasurer got to Our Palace at Haly-rud-house, and the Bishop of Galloway to his lodging: But the Lord Provost was again set upon as he was entering his own house, and was so pressed upon by the multitude, that they crowded with him into his own yard, railing upon him and throwing stones at his windows, until some of his servants discharging a Piece which had nothing but powder in it, they retired for fear: In this tumult none were more forward and inexorable, then two who were Bailiffs the year before, and who had subscribed the two Letters to the Archbishop of Canterbury. This morning's storm being a little blown over, Our Council in the afternoon met at Our Palace at Haly-rud-house, and commanded a Proclamation presently to be made at the Cross of Edinburgh; the tenor whereof here followeth. At Haly-rud-house the 18. of Octob. 1637. FOrasmuch as a number of the Lords of his Majesty's Privy Council, as likewise the Town Council of Edinburgh, being this day convened in their several Judicatories for his Majesty's special affairs and service, they were most rudely interrupted in the course of their proceedings, by a tumultuous gathering of the promiscuous and vulgar multitude, by whom his Majesty's Council and servants in an open way was shamefully environed: Which being a matter very disgraceful to his Majesty's Authority and lawful Government, and which in the consequence thereof may produce dangerous effects, if the like be not prevented in the time to come; Therefore the Lords of secret Council, according to the duty of their place and charge incumbent unto them, Ordains a Maissar of Council to pass to the market Cross of Edinburgh, and there by open Proclamation to discharge all public gatherings and convocations of his Majesty's subjects within the City of Edinburgh, and upon the streets thereof; As likewise all private meetings tending to faction and tumult: And in his Majesty's name and authority, to command and charge all his Majesty's lieges and inhabitants within the said City, to contain themselves in peace and quietness; And for that effect to keep their houses, except when their lawful business doth otherwise call them, Under all highest pain and charge that by rigour of law can be inflicted upon the contraveeners of the premises in manner above expressed. TO this Proclamation so little obedience was yielded, and they of Edinburgh so far from conceiving that they had any way misdemeaned themselves by that horrible insurrection, as that the next Council day they had the impudence to send their Commissioners publicly to Our Council Table, and there to require that their Ministers and Reader might be restored to them, and that they might have assurance for the performance of what was promised to them by their Magistrates at this last Rebellion, and before the pacification of it. From this Relation joined to the Narration of the first insurrection in the Churches, it is easy to judge whether this their intended glorious Reformation, which, according to their religious intentions and ardent prayers, they say, God, even to a miracle, hath so graciously prospered in their hands, be like to proceed from God, the first act whereof was begun in the Church, with contempt of God and profanation of the house where his honour dwelleth, and the violation of those persons who serve at his Altar; and the second Act whereof, was presented on the streets of the capital City of the Kingdom, with the contempt of the highest Authority under God, viz. Us and Our laws, and offering violence to the persons of Our Councillors and chief Officers of State, not forbearing the very houses and places where Our Council for that Kingdom, and Our Magistrates of that City do usually sit, and were then sitting; which places have always been accounted sacred, and have duly challenged all respect and reverence. And now it is very observable by what degrees this Rebellion hath risen, as if it had been beforehand well studied and contrived, every rank entering upon the Stage in their due turns, in which they served and answered one another: The first tumult was begun by the basest sort of that City, whom the Authors of this second insurrection did then, even for that first tumult, condemn by the name of Rascals and scum of the people: This second uproar, far more seditious and dangerous than the former, was made by the best sort of Citizens, excepting only the Magistrates and some few others, yet disavowed and disliked (at least in show) by the Nobility, Gentry, and the Magistrates of the City; but these last Mutineers were not so cried down by them as the former, nor did they put such vile names of Rebels and Rascals upon them, nor did they show any signification of their desire to have them questioned or punished for that tumult, because now the quality of these last mutineers persons gave some good countenance to the designs which they themselves had in hand: For these Noblemen, Gentry, and Magistrates being themselves to perform the third Act of that Tragedy, at the first whereof they had hissed, and seemed to dislike the second, held it not fit to be too severe in condemning of that which it seems they meant shortly after to act themselves, and in a more dangerous way: For first, their Protestation against Our Proclamation, and then their Covenant against Us and Our Authority, were next to come upon the Stage; which though they were of the same plot and piece with the two other former insurrections, yet because they were to be better acted, and the Actors men of greater eminency, they hoped their parts should not find such foul names as the former had found: As if the things being the same, the names of Protestation or Covenant could alter the nature of insurrection and Rebellion; like those of that bloody League in France, who hoped that the very name of the HOLY LEAGUE would cause in the world a mistake of their meaning, and palliate their most wicked and unnatural treasons, for rooting out their lawful Sovereign and the true Religion. And now this highest and worst part cometh next to be related. After these tumults, there were presented to Our Chancellor and Council, two Petitions, one a very weak and childish one, in the name of all the men, women, children, and servants of Edinburgh, only against the Service Book; another in the name of the Noblemen, Gentry, Ministers, Burgesses, against the Service Book and Book of Canons: That to the Lord Chancellor was as followeth. My Lord Chancellor, UNto your Lordship humbly shows, we, men, women, and children, and servants, Indwellers within the Burgh of Edinburgh: That whereas we being urged with this Book of Service, and having * Observe that the children as well as the rest considered this. considered the same, We find many things therein so far different from that form of God's public worship universally received and professed within this Kingdom: And we Burgesses, being at our entry and admission deeply sworn for the maintenance thereof, that now makes our hearts to tremble, and our weak consciences will not suffer us to embrace and practise this urged Service: We have this long time past, winked at some former alterations, being put in hope that no further novations should follow. But now we being oppressed, with our just fears to see ourselves deprived of that liberty in serving God which ever hath been approved by Church and Kingdom: In place whereof we are now like to be constrained to embrace another, which hath neither been agitated nor received either by general Assembly or Parliament: In such extremity we are most humbly to supplicate your Lordship to consider our present estate, and that this business is a matter of so great weight and consequence as should not appear to be a needless noise of simple women, but it is the absolute desire of all our hearts for preservation of true Religion amongst us, which is dearer to us then either estate or life: And therefore we do humbly crave, that as the rest of the Kingdom, so we may have a time to advise, and that your Lordship may find out some way whereby we may be delivered from the fear of this and all other innovations of this kind, and have the happiness to enjoy the true Religion, as it hath been by the great mercy of God reform in this land, and authorised by his Majesty, who may long and prosperously Reign over us: And your Lordship's answer. Their Petition to the Council follows. My Lords of Secret Council, UNto your Lordships humbly shows; We Noblemen, Barons, Ministers, Burgesses, and Commons; That whereas we were in humble and quiet manner attending a gracious answer of our former supplications against the Service Book imposed upon us, and ready to show the great inconveniences which upon the introduction thereof must ensue, we are, without any known desert, far by our expectation, surprised and charged by public Proclamation to depart out of the town within twenty four hours thereafter, under pain of Rebellion; by which peremptory and unusual charge, our fears of a more severe and strict course of proceeding are augmented, and course of our supplication interrupted: wherefore we are constrained, out of the deep grief of our hearts, humbly to remonstrate, that whereas the Archbishops and Bishops of this Realm, being entrusted by his Majesty with the government of the affairs of the Church of Scotland, have drawn up and set forth, and caused to be drawn up and set forth, and enjoined upon the subjects two Books; In the one whereof, called the Book of Common prayer, not only are sown the seeds of diverse Superstitions, Idolatry, and false doctrine, contrary to the true Religion established within this Realm by diverse Acts of Parliament; But also the Service Book of England is abused, especially in the matter of Communion, by additions, subtractions, interchanging of words and sentences, falsifying of titles, and misplacing of Collects, to the disadvantage of Reformation, as the Romish Mass is, in the more substantial points, made up therein, as we offer to instruct in time and place convenient, quite contrary unto and for reversing the gracious intention of the * And yet these blessed Reformers of Religion in England were the very same men who compiled the English Service Book, which the Covenanters have printed and preached to be stuffed full of Idolatry, superstition, and popery. blessed Reformers of Religion in England. In the other book called Canons and Constitutions for the government of the Church of Scotland, they have ordained, That whosoever shall affirm that the form of worship inserted in the Book of Common Prayer and Administration of the Sacraments, whereof heretofore and now we most justly complain, doth contain any thing repugnant to the Scriptures, or are corrupt, superstitious, or unlawful in the service and worship of God, shall be excommunicated, and not be restored but by the Bishop of the place, or Archbishop of the Province, after his repentance and public revocation of this his wicked error; Besides one hundred Canons more, many of them tending to the reviving and fostering of abolished superstitions and errors, and to the overthrow of our Church Discipline established by Acts of Parliament, opening a door for what further invention of Religion they please to make, and stopping the way which Law before did allow unto us for suppressing of error and superstition; And ordaining, That where in any of the Canons there is no penalty expressly set down, the punishment shall be arbitrary as the Bishop shall think fittest: All which Canons were never seen nor allowed in any General Assembly, but are imposed contrary to order of law, appointed in this Realm for establishing Constitutions Ecclesiastical; unto which two books, the foresaid Prelates have under trust procured his Majesty's Royal hand and Letters Patents, for pressing the same upon his loyal subjects, and are the Contrivers and Devisers of the same, as doth clearly appear by the Frontispiece of the Book of Common Prayer, and have begun to urge the acceptance of the same, not only by injunctions given in Provincial Assemblies, but also by open Proclamation and charge of Horning, whereby we are driven in such straits as we must either by Process of Excommunication and Horning suffer the ruin of our estates and fortunes, or else by breach of our Covenant with God, and forsaking the way of true Religion, fall under the wrath of God, which unto us is more grievous than death. Wherhfore we being persuaded that these their proceedings are contrary to our gracious Sovereign hispious intention, who out of his zeal and Princely care of the preservation of true Religion established in this his ancient Kingdom, hath ratified the same in his Highness' Parliament 1633▪ And so his Majesty to be highly wronged by the said Prelates, who have so far abused their credit with so good a King, as thus to ensnare his subjects, rend our Church, undermine Religion in Doctrine, Sacraments, and Discipline, move discontent between the King and his subjects, and discord between subject and subject, contrary to several Acts of Parliament: We out of bound duty to God, our King and native Country, complain of the foresaid Prelates, humbly craving, that this matter may be put to trial, and these our parties taken order with according to the laws of the Realm; And that they be not suffered to sit any more as Judges, until the cause be tried and decided according to Justice. And if this shall seem to be to you a matter of higher importance than you will condescend unto, before his Majesty be acquainted therewith, Then we humbly supplicate that this our grievance and complaint may be fully represented to his Majesty, That from the influence of his Gracious Sovereignty and Justice these wrongs may be redressed, and we have the happiness to enjoy the Religion, as it hath been reform in this Land. IN this Petition it is worthy the observing, that they complain of the mangling of the English Service Book, and of the abuses offered unto it, and the wronging of the intentions of the blessed Reformers of Religion here in this Kingdom, whereas in their Sermons and ordinary discourse, they do usually inveigh against the Service Book here, for being stuffed with Superstition and Popery, and that the first Reformers of this Church never departed fully from Rome: And in this last Petition they begin to make their grievances swell, adding their dislike of the Book of Canons to their former distaste of the Service Book; the occasion of Our authorising of which Book of Canons, was this. As We were desirous to settle one uniform form of public Prayer and Divine Service throughout that Our Kingdom, and for that purpose authorised the Service Book, so We conceived that it was not only expedient, but necessary that there should be one uniform form of Church government throughout the same, and because there was no book extant containing any rules of such government, so that neither the Clergy nor Laity had any certain rule either of the ones power, or of the others practice and obedience, and considering that the Acts of their general Assemblies were but written, and not printed, and so large and voluminous, as it is impossible that so many copies of them should be transcribed, as that they may come to the use and knowledge of many, and so Apocryphal, as that few or none of themselves can tell which of them are authentical, and so unsafely and uncertainely kept, that they do not know whither to address themselves for finding of them, We could not imagine but that it should have been acknowledged, and received with all thankfulness, that We had reduced their numerous Acts, and those not known to them, to such a paucity of Canons, and those published, that none could be ensnared through ignorance, nor complain that they were overcharged with the multiplicity of them: For it may be averred with unquestionable certainty, that not one in that Our Kingdom did either live under the obedience of the Acts of the general Assemblies, or did know what they were, or where certainly to have them: And yet these men have interpreted Our furthering their knowledge and facilitating and conveniencing their obedience for one of the most grievous burdens was ever laid upon them: But no wonder it is, if when men's minds are once out of taste with government nothing tending to order relisheth well with them. Their petition was sent up to Us by Our Council: But We seeing no sign of repentance for, or disavowing of their late tumults, until some order might be taken for the finding out and punishment of the authors of them, resolved to delay the answering of their petition, but in the mean time commanded Our Council to signify to all Our good subjects Our averseness from Popery, and detestation of Superstition, the contrary suggestions whereof We found the heads of this Rebellion had used for abusing of Our loyal subjects, and so accordingly Our Council caused a Proclamation to be made at Lithgow, which was this. Apud Linlithgow septimo Decemb. 1637. FOr as much as the King's Majesty, having seen the Petition presented to the Lords of his Majesty's privy Council, and by them sent up to his Majesty concerning the Service Book, determined to have taken the same into his Royal consideration, and to have given his gracious answer thereanent with all conveniency: Like as his Majesty by his letters to his Council of the date of the ninth of October last, did signify his gracious resolution to the effect aforesaid. But since that time, his Majesty finding (far contrary to his expectation) that such disorderly, tumultuous and barbarous insolenceis have been committed within the City of Edinburgh upon the eighteenth of October last, to the great contempt of his Majesty's Royal authority, by abusing his Majesty's Councillors and Officers of State, with others bearing charge and authority under his Majesty within the said City: His Majesty in a just resentment of that foul indignity, (wherein his Majesty's Honour did so much suffer) hath been moved to delay the signification of his Majesty's gracious intention, in giving to his subjects such satisfactory answers to their Petitions as in equity might have been expected from so just and religious a Prince; But yet his Majesty being unwilling that his Loyal and faithful subjects should be possessed with groundless and uncessarie doubts and fears, His Majesty is pleased out of his goodness to declare, like as by these presents he declareth, That as he abhorreth all Superstition of Popery, so he will be most careful that nothing be allowed within his Majesty's Dominions, but that which shall tend to the advancement of the true Religion, as it is presently professed within his most ancient Kingdom of Scotland: And that nothing is or was intended to be done therein against the laudable laws of this his Majesty's native Kingdom. And ordaineth publication to be made hereof in form as a foresaid. AT this time We sent into Scotland the Earl of Roxburgh Lord privy▪ Seal, with certain instructions to Our Council for ordering these disordered affairs; according to which they appointed the Council to sit at Dalkeith, being not above four miles from Edinburgh, that so they might the more easily know what passed in that place, now become the seat of the Rebellion; and they removed the Session or Term from Lithgow to Sterlin, a place of 24. miles' distance from Edinburgh, that so the huge disorderly multitudes there assembled, might be dispersed, by the necessity of the attendance of such as had any Law-businesse: At the same time the Earl of Traquair Lord Treasurer of that Kingdom, whom We had sent for hither, was returned back with directions from Us: He, with Our Lord privy Seal & other principal Councillors, repaired to Sterlin, where by Our commandment they caused a Proclamation to be made for the dispersing of the huge and dangerous multitudes there assembled, and the assuring of Our subjects of Our sincerity towards the Religion established in that Our Kingdom: And there first, the Nobility, Gentry, Ministers, and Burgesses did the same thing which they themselves called the uproar of Rascals at the first reading of the Service Book in the Churches of Edinburgh, and which they condemned, but in milder terms, by the name of an unjustifiable act, in that great sedition at Edinburgh on the eighteenth of October 1637: For by them, first at Sterlin, then at Lithgow, and last at Edinburgh, was made the first avowed affront to Us, Our authority and Laws: For at Sterlin Our Proclamation being made, the Earl of Hume and the Lord Lindsey, assisted with many others of all ranks, made a Protestation against the same; which Protestation was afterward repeated at Lithgow, and last at Edinburgh, where, when upon the Cross, Our Proclamation was made by Our Officers with sound of Trumpets, and assisted with Our Heralds with Our coats of Arms upon their backs, it was received, while it was in reading, with jeering and laughing, and after it was ended with a Protestation against it, made by many Earls, Lords, Ministers, and Burgesses, and the conflux of all other sorts of people, who were all of them so malapert as not to suffer Our Heralds and Officers to come off the Cross, but forced them to stay and hear their Protestation against Our Proclamation, as if both had been made by the same authority: And if this now were not a higher act of Rebellion then either the first tumult raised in the Churches, against which they so much declamed, or the second insurrection at Edinburgh, which they so much disclaimed, We leave it to the world to judge: The copies both of Our Proclamation and their Protestation We have here inserted, that themselves, as well as others, may see that We wrong not the truth. CHARLES' by the grace God, King of great Britain, France, and Ireland, defender of the faith, etc. To Our Lovits, etc. Our Sheriffs in that part conjunctly and severally, specially constituted, greeting. For as much as We, out of Our Princely care of maintenance of the true Religion already professed, and for beating down of all superstition, having ordained a Book of Common prayer to be compiled for the general use and edification of Our subjects within Our ancient Kingdom of Scotland, the same was accordingly done: In the performing whereof, We took great care and pains; So as nothing past therein but what was seen and approved by Us, before the same was either divulged or printed, assuring all Our loving subjects, that not only Our intention is, but even the very Book will be a ready means to maintain the true Religion already professed, and beat out all Superstition; Of which We in Our own time do not doubt but in a fair course to satisfy Our good subjects. But having seen and considered some Petitions and Declarations given in to Our Council against the said Book and late Canons of the Church, We find Our Royal Authority much injured thereby, both in the matter and in the carriage thereof; whereby We conceive these of Our Nobility, Gentry, Burroughs, Ministers, and others, who kept and assisted these meetings and Convocations for contriving and forming the said Petitions, or who have subscribed the same, to deserve and be liable to Our high censure, both in their persons and fortunes, as having convened themselves without either Our consent or authority; Yet because We believe that what they have done herein is out of a preposterous zeal, and not out of any disloyalty or disaffection to Sovereignty, We are graciously pleased in so far as concerns these meetings for consulting or subscribing of these Petitions, or presenting the same to any Judge or Judges in Our said Kingdom, to dispense therewith, and with what may be their fault or error therein, to all such as upon signification or declaration of Our pleasure shall retire themselves as becometh good and dutiful subjects: To which purpose Our will is, and We charge you straightly, and command, that incontinent these Letters seen, you pass, and in Our name and authority make intimation hereof, to all Our lieges and subjects, by open Proclamation at all places needful, wherethrough none pretend ignorance thereof; And therewith also, That you in Our name and authority discharge all such convocations and meetings in time coming, under the pain of treason: And also that you command, and charge, and inhibit all Our lieges and subjects, that none of them presume nor take in hand to resort nor repair to Our Burgh of Sterling, nor to no other Burgh, where Our Council and Session sits, till first they declare their cause of coming to our Council, and procure their warrant to that effect. And further, that you command and charge all and sundry Provosts, Bailiffs, and Magistrates within Burgh, That they and every one of them have a special care and regard to see this Our Royal will and pleasure really and dutifully obeyed in all points; And that no violation thereof be suffered within their bounds, under all highest pain, crime, and offence that they may commit against Us in that behalf: As also that you command and charge all and sundry Noblemen, Barons, Ministers and Burrowes, who are not actual indwellers within this Our Burgh, and are not of the number of the Lords of our privy Council and Session, and members thereof, and are already within this Our Burgh, that they, and every one of them▪ remove themselves, and depart and pass forth of Our said Burgh, and return not again, without the warrant aforesaid, within six hours after the publication hereof, under the said pain of treason. And as concerning any Petitions that hereafter shall be given unto Us, upon this or any other subject, We are likewise pleased to declare, that We will not shut Our ears therefrom; so that neither the matter nor form be prejudicial to Our Regal Authority. The which to do We commit to you, conjunctly and severally, Our full power by these Our Letters, delivering the same by you duly execute and endorsed again to the bearer. Given under Our signet at Sterling the nineteenth day of February, And of Our Reign the thirteenth year, 1638. Per actum Secreti Concilii. Here followeth their Protestation. For God and the King. WE Noblemen, Barons, Ministers, Burrowes, appointed to attend his Majesty's answer to our humble Petition and complaint, and to prefer new grievances, and to do what else may lawfully conduce to our humble desires; That whereupon the 23. of September last, we presented a Supplication to your Lordships, and another upon the 18. of October last, and also a new Bill relative to the former upon the 19 of December last, and did therein humbly remonstrate our just exceptions against the Service Book, and Book of Canons; and also against the Archbishops and Bishops of this Kingdom, as the contrivers, maintainers, and urgers thereof, and against their sitting as our Judges until the cause be decided; earnestly supplicating withal to be freed and delivered from these and all other innovations of that kind, introduced against the laudable Laws of this Kingdom; as that of the High Commission, and other evils particularly mentioned, and generally contained in our foresaid supplications and complaints, and that this our party delinquent against our Religion and Laws may be taken order with, and these pressing grievances may be taken order with and redressed according to the Laws of this Kingdom, as by our said supplications and complaints more largely doth appear: With the which on the 19 of December last, we gave in a Declinator against the Archbishops and Bishops as our parties, who by consequence could not be our Judges; whereupon your Lordships declared by your Act at Dalkeith the said 19 of December, that you would present our Petitions to his Majesty's Royal consideration, and that without prejudice of the Declinator given in by us the said supplicants; whereupon we should be heard at place and time convenient, And in the mean time should receive no prejudice, as the said Act in itself beareth. And whereas we your Lordship's supplicants with a great deal of patience, and hope also, grounded on sundry promises, were expecting an answer to these our humble desires, and having learned that upon some directions of His Majesties anent our supplications and complaint unto your Lordships of the Secret Council, your Lordships admits to the consulting and judging anent our supplications, and His Majesty's answer thereunto, the Archbishops and Bishops our direct parties, contrary to our Declinator first propounded at Dalkeith, and now renewed at Sterling; and * It is not so: for the Council never promised that the Bishops should be removed from the Table, but only that they would make Us acquainted with their Petition. contrary to your Lordship's Act aforesaid at Dalkeith, and contrary to our Religion, and Laws, and humble supplications. Therefore lest our silence be prejudicial to this so important a cause, as concerns God's glory and worship, our Religion, Salvation, the Laws and Liberties of this Kingdom, or derogatory to the former supplications and complaints, or unanswerable to the trust of our Commission; out of our bond duty to our God, our King and native Country, we are forced to take instruments in Notary's hands, of your Lordship's refusal to admit our Declinator, or remove these our Parties, and to protest in manner following: First, That we may have our immediate recourse to our sacred Sovereign, to present our grievances, and in a legal way to prosecute the same before the ordinary competent Judges, Civil or Ecclesiastical, without any offence offered by us, or taken by your Lordships. Secondly, We protest that the said Archbishops and Bishops, our Parties complained upon, cannot be reputed or esteemed lawful Judges to fit in any judicatory in this Kingdom, Civil or Ecclesiastical, upon any of the supplicants, until after lawful trial judicially they purge themselves of such crimes as we have already laid to their charge, offering to prove the same whensoever His Sacred Majesty shall please to give us audience. Thirdly, We protest that no Act nor Proclamation to follow thereupon, past, or to be passed in Council or out of Council, in presence of the Archbishops and Bishops, whom we have already declined to be our Judges, shall any ways be prejudicial to us the supplicants, our persons, estates, lawful meetings, proceedings, or pursuits. Fourthly, We protest that neither we nor any whose heart the Lord moveth to join with us in these our supplications against the foresaid Innovations, shall incur any danger, in life, lands, or any Political or Ecclesiastical pains, for not observing such Acts, Books, Canons, Rites, Judicatories, Proclamations, introduced without or against the Acts of General Assemblies, or Acts of Parliament, the Statutes of this Kingdom; But that it shall be lawful to us or them to use ourselves in matters of Religion of the external worship of God and Policy of the Church, according to the word of God, and laudable Constitutions of this Church and Kingdom, conform to His Majesty's Declaration the ninth of December last. Fifthly, seeing by the legal and submiss way of our former supplications, all who takes these Innovations to heart, have been kept calm and carried themselves in a quiet manner, in hope of redress; We protest that if any inconvenience shall happen to fall out (which we pray the Lord to prevent) upon the pressing of any of the foresaid Innovations or evils, specially or generally contained in our former supplications and complaints, and upon your Lordship's refusal to take order thereanent, the same be not imputed to us, who most humbly seeks all things to be reform by an Order. Sixthly, we protest that these our requests, proceeding from conscience and a due respect to His Majesty's honour, do tend to no other end, but to the preservation of the true reformed Religion, the laws and liberties of this His Majesty's most ancient Kingdom, and satisfaction of our most humble desires contained in our supplication and complaint, according to his Majesty's accustomed goodness and justice, from which we do certainly expect that His Sacred Majesty will provide and grant such remedy to our just petitions and complaints, as may be expected from so gracious a King toward most loyal and dutiful subjects, calling for redress of so pressing grievances, and praying to God that his Majesty may long and prosperously reign over us. AGainst which Protestation We shall now say nothing, because it is contained & repeated in another larger Protestation of theirs, which shall be inserted hereafter, and there it shall receive a full answer: Only We desire the Reader to observe these two things in it; First, the iniquity and injustice of their demanding some of our Bishops to be removed from our Council, nay, and (which We think never was heard before) their protesting against all Acts to be done and passed in our Council at which any of them shall be present, alleging, that this their Protestation against them, and Declinator of them, maketh them to be parties, and so they cannot be Judges; and withal they require them first to be removed, and then promise they will make proof of such crimes against them as shall declare the justice of their removal; which is all one as to entreat them first to condemn a man, and then to try him: And if a Protestation against their sitting in Council, and a Declinator of Our Counsels authority (neither of them admitted by our Council) shall make some Counsellors to be parties, and invalidate all Acts of Council so long as these Counsellors whom they have fancied to be parties sit there; how their last pretended general Assembly, against which there were so many Protestations made both by the Bishops and others, and which by all these Protesters was declined as Judge, because the members of it had all made themselves parties, can be counted a lawful general Assembly, or the members of it lawful Judges, We leave it to themselves to reconcile: And if they should say, that these Protestations and Declinators against the Assembly were repelled by the Assembly, who was the sole Judge of them, let them remember, that their Protestation against the Bishops, and their Declinator against Our Counsels authority, if they should not eject them, were both of them, likewise repelled and rejected by Our Council, who was the only true Judge of them, their last pretended Assembly being no true but only a pretended Judge of the others, after the Assembly was dissolved by Our authority. And secondly, We shall desire the Reader to observe, that their demands in this Protestation are very far short of those which are made by them in their succeeding Protestations, which swell with far more bold and insolent demands then this doth, although this be bold and insolent enough: But it is an usual course with the heads of all Rebellions, to draw in that party, by whose power they intent to make good their wicked plots, with small things at the first, concealing from them the depth of their intentions, until they have engaged them so far, as they can make them believe that there is no safety in retreating, when their crimes are past hope of pardon. And now after this their first Protestation, begun the most unnatural, causeless, and horrible Rebellion that this or perhaps any other age in the world hath been acquainted with: For now these Protesters begin to invest themselves with the supreme Ensigns and Marks of Majesty and Sovereignty, by erecting public Tables of advice and Council, for ordering the affairs of the Kingdom, without Our authority, and in contempt of Us and Our Council established by Us there, and by entering into a Covenant and most wicked Band and combination against all that shall oppose them, not excepting Our own Person, directly against the law of God, the law of Nations, and the municipal laws of that Our Kingdom: So that after this their Protestation, they perfected that which they had before begun confusedly, and as it were in a ruder draught: For then, contrary to Our express commandment and authority expressed in Our last Proclamations, and repeated unto them by Our Council, they did erect a great number of Tables (as they called them) in Edinburgh▪ Four principal, One of the Nobility, another of the Gentry, a third of the Burrougheses, a fourth of Ministers; and the Gentry had many subordinate Tables, according to their several Shires: These several Tables did consult of what they thought fit to be propounded at the general Table, which consisteth of several Commissioners chosen from the other four Tables; and what they of the general Table resolved on, was to be put in practice with a blind and Jesuitical obedience: A rare and unheard form of Government in a Kingdom whose Government ever was Monarchical, and which they themselves still say continueth to be so: Sure these meetings by wise men have been accounted rather Stables of unruly horses, broken loose and pulling down all they can reach, than Tables for the consultations of wise and rational men. Now the first dung which from these Stables was thrown upon the face of Authority and Government, was that lewd Covenant, and seditious Band annexed unto it, which We here subjoine, because We are confident that by the very recital and perusal of it, every religious and wise man may run and read that sentence of condemnation which it carrieth in its own front. THE CONFESSION OF FAITH OF THE KIRK OF SCOTLAND, SUBSCRIBED By the King's Majesty and his Household in the year of God 1580. WITH A Designation of such Acts of Parliament as are expedient for justifying the union after mentioned; And Subscribed by the Nobles, Barons, Gentlemen, Burgesses, Ministers, and Commons, in the year of God 1638. JOSH. 24.25. So Joshua made a Covenant with the people the same day, and gave them an Ordinance and Law in Sichem. 2 KING. 11.17. And Jehoiada made a Covenant between the Lord and the King, and the people, that they should be the Lords people; likewise between the King and the people. ISAIA 44.5. One shall say, I am the Lord: another shall be called by the name of Jacob: and another shall subscribe with his hand unto the Lord, etc. The King's Majesty's Charge, to all Commissioners and Ministers within this Realm, in the year of God 1580. SEeing that We and Our Household have Subscribed and given this public Confession of Our Faith, to the good example of Our subjects, We command and charge all Commissioners and Ministers, to crave the same Confession of their Parochianars, and proceed against the refusers, according to Our Laws and Orders of the Kirk, delivering their names and lawful process to the Ministers of Our House, with all haste and diligence, under the pain of forty pound to be taken from their stipend, that We, with the advice of Our Council, may take order with such proud contemners of God and Our Laws. Subscribed with Our Hand, at Haly-rud-house, 1580. the 2. day of March, the 14. year of Our Reign. The Confession of Faith of the Kirke of SCOTLAND. The confession of Faith, subscribed at first by the King's Majesty and His Household, in the year of God 1580. Thereafter, by Persons of all ranks, in the year 1581. by ordinance of the Lords of the Secret Council, and Acts of the General Assembly. Subscribed again by all sorts of Persons in the year 1590. by a new Ordinance of Council, at the desire of the General Assembly: With a general Band for maintenance of the true Religion and the King's Person. And now subscribed in the year 1638. by us, Noblemen, Barons, Gentlemen, Burgesses, Ministers, and Commons under subscribing: Together with our resolution and promises, for the causes after specified, To maintain the said true Religion, and the King's Majesty, according to the Confession foresaid, and Acts of Parliament. The Tenor whereof here followeth. We All, and every one of us underwritten, Protest, That, after long and due examination of our own Consciences, in matters of true and false Religion, are now throughly resolved of the Truth, by the Word and Spirit of God, and therefore we believe with our hearts, confess with our mouths, subscribe with our hands, and constantly affirm before God and the whole World; that this only is the true Christian Faith and Religion, pleasing God, and bringing Salvation to man, which now is by the mercy of God revealed to the world, by the preaching of the blessed Evangel. And received, believed, and defended, by many and sundry notable Kirks and Realms, but chiefly by the Kirk of Scotland, the King's Majesty, and three Estates of this Realm, as Gods eternal Truth, and only ground of our Salvation: as more particularly is expressed in the Confession of our Faith, established, and publicly confirmed by sundry Acts of Parliaments, and now of a long time hath been openly professed by the King's Majesty, and whole body of this Realm, both in Burgh and Land. To the which Confession and form of Religion, we willingly agree in our consciences in all points, as unto God's undoubted Truth and Verity, grounded only upon his written Word. And therefore, We abhor and detest all contrary Religion, and Doctrine: But chiefly, all kind of Papistry, in general and particular heads, even as they are now damned and confuted by the Word of God, and Kirk of Scotland: but in special we detest and refuse the usurped authority of that Roman Antichrist, upon the Scriptures of God, upon the Kirk, the civil Magistrate, and Consciences of men. All his tyrannous laws made upon indifferent things against our Christian liberty. His erroneous Doctrine, against the sufficiency of the written Word, the perfection of the Law, the office of Christ and his blessed Evangel. His corrupted Doctrine concerning original sin, our natural inability and rebellion to God's Law, our justification by faith only, our imperfect sanctification and obedience to the Law, the nature, number, and use of the holy Sacraments. His five bastard Sacraments, with all his Rites, Ceremonies, and false Doctrine, added to the ministration of the true Sacraments without the Word of God. His cruel judgement against Infants, departing without the Sacrament: his absolute necessity of Baptism: his blasphemous opinion of Transubstantiation, or real presence of Christ's body in the Elements, and receiving of the same by the wicked, or bodies of men. His dispensations with solemn oaths, perjuries, and degrees of Marriage forbidden in the Word: his cruelty against the innocent divorced: his devilish Mass▪ his blasphemous Priesthood: his profane Sacrifice for the sins of the dead and the quick: his Canonization of men, calling upon Angels or Saints departed, worshipping of Imagery, Relics, and Crosses, dedicating of Kirks, Altars, Days, Vows to creatures; his Purgatory, prayers for the dead, praying or speaking in a strange language, with his Processions and blasphemous Litany, and multitude of Advocates or Mediators: his manifold Orders, Auricular Confession: his desperate and uncertain repentance; his general and doubtsome faith; his satisfactions of men for their sins: his justification by works, opus operatum, works of supererogation, Merits, Pardons, Peregrinations, and Stations: his holy Water, baptising of Bells, conjuring of Spirits, crossing, saning, anointing, conjuring, hallowing of God's good creatures, with the superstitious opinion joined therewith: his worldly Monarchy, and wicked Hierarchy: his three solemn vows, with all his shavelings of sundry sorts, his erroneous and bloody decrees made at Trent, with all the subscribers and approvers of that cruel and bloody Band, conjured against the Kirk of God: and finally, we detest all his vain Allegories, Rites, Signs, and Traditions, brought in the Kirk, without or against the Word of God, and Doctrine of this true reformed Kirk; to the which we join ourselves willingly, in Doctrine, Faith, Religion, Discipline, and use of the Holy Sacraments, as lively members of the same, in Christ our Head: promising, and swearing by the Great Name of the Lord our GOD, that we shall continue in the obedience of the Doctrine and Discipline of this Kirk, and shall defend the same according to our vocation and power, all the days of our lives, under the pains contained in the Law, and danger both of body and soul in the day of God's fearful Judgement: and seeing that many are stirred up by Satan and that Roman Antichrist to promise, swear, subscribe, and for a time use the Holy Sacraments in the Kirk deceitfully, against their own consciences, minding thereby, first, under the external cloak of Religion, to corrupt and subvert secretly God's true Religion within the Kirk, and afterward, when time may serve, to become open enemies and persecuters of the same, under vain hope of the Pope's dispensation, devised against the Word of God, to his greater confusion, and their double condemnation in the day of the LORD JESUS. We therefore, willing to take away all suspicion of hypocrisy, and of such double dealing with God and his Kirk, Protest, and call The Searcher of all hearts for witness, that our minds and hearts do fully agree with this our Confession, Promise, Oath and Subscription; so that we are not moved for any worldly respect, but are persuaded only in our Consciences through the knowledge and love of God's true Religion, printed in our hearts by the holy Spirit, as we shall answer to Him in the day when the secrets of all hearts shall be disclosed. And because we perceive that the quietness and stability of our Religion and Kirk doth depend upon the safety and good behaviour of the King's Majesty, as upon a comfortable instrument of God's mercy granted to this Country for the maintaining of His Kirk, and ministration of Justice amongst us, we protest and promise with our hearts under the same Oath, Hand-writ, and pains, that we shall defend His Person and Authority, with our goods, bodies, and lives, in the defence of Christ his Evangel, Liberties of our Country, ministration of Justice, and punishment of iniquity, against all enemies within this Realm, or without, as we desire our God to be a strong and merciful Defender to us in the day of our death, and coming of our Lord Jesus Christ: To whom, with the Father, and the Holy Spirit, be all honour and glory eternally. LIke as many Acts of Parliament not only in general do abrogate, annul, and rescind all Laws, Statutes, Acts, Constitutions, Canons civil or Municipal, with all other Ordinances and practice penalties whatsoever, made in prejudice of the true Religion and Professors thereof: Or, of the true Kirk discipline, jurisdiction and freedom thereof: Or, in favours of Idolatry and superstition: Or, of the Papistical Kirk: As, Act. 3. Act. 31. Parl. 1▪ Act. 23. Parl. 11. Act. 114. Parl. 12. of King James the sixth, That Papistry and Superstition may be utterly suppressed, according to the intention of the Acts of Parliament reported in Act. 5. Parl. 20. K. James 6. And to that end they ordain all Papists and Priests to be punished by manifold Civil and Ecclesiastical pains, as adversaries to Gods true Religion, preached and by law established within this Realm, Act. 24. Parl. 11. K. James 6. as common enemies to all Christian government, Act. 18. Parl. 16. K. James 6. as rebellers and gainstanders of our Sovereign Lords authority, Act. 47. Parl. 3. K. James 6. and as Idolaters, Act. 104. Parl. 7. K. James 6. but also in particular (by and attour the Confession of faith) do abolish and condemn the Pope's authority and jurisdiction out of this land, and ordains the maintainers thereof to be punished, Act. 2. Parl. 1. Act. 51. Parl. 3. Act. 106. Parl. 7. Act. 114. Parl. 12. K. James 6. do condemn the Pope's erroneous doctrine, or any other erroneous doctrine repugnant to any of the Articles of the true and Christian Religion publicly preached, and by Law established in this Realm: And ordains the spreaders and makers of Books or Libels, or Letters, or writs of that nature to be punished, Act. 46. Parl. 3. Act. 106. Parl. 7. Act. 24. Parl. 11. K. James 6. do condemn all Baptism conform to the Pope's kirk and the idolatry of the Mass, and ordains all sayers, wilful hearers, and concealers of the Mass, the maintainers and resetters of the Priests, Jesuits, traffiquing Papists, to be punished without any exception or restriction▪ Act. 5. Parl. 1. Act. 120. Parl. 12. Act. 164. Parl. 13. Act. 193. Parl. 14. Act. 1. Parl. 19 Act. 5. Parl. 20. K. James 6. do condemn all erroneous books and writs containing erroneous doctrine against the Religion presently professed, or containing superstitious Rites and Ceremonies Papistical, whereby the people are greatly abused, and ordains the homebringers of them to be punished, Act. 25. Parl. 11. K. James 6. do condemn the monuments and dregs of began Idolatry, as going to Crosses, observing the Festival days of Saints, and such other superstitious and Papistical Rites, to the dishonour of God, contempt of true Religion, and fostering of great error among the people, and ordains the users of them to be punished for the second fault as Idolaters, Act. 104. Parl. 7. K. James 6. Like as many Acts of Parliament are conceived for maintenance of God's true and Christian Religion, and the purity thereof in Doctrine and Sacraments of the true Church of God, the liberty and freedom thereof, in her national, Synodall Assemblies, Presbyteries, Sessions, Policy, Discipline and Jurisdiction thereof, as that purity of Religion and liberty of the Church was used, professed, exercised, preached, and confessed according to the reformation of Religion in this Realm. As for instance, Act. 99 Parl. 7. Act. 23. Parl. 11. Act. 114. Parl. 12. Act. 160. Parl. 13. K. James 6. ratified by Act. 4. K. Charles. So that Act. 6. Parl. 1. and Act. 68 Parl. 6. of K. James 6. in the year of God 1579. declares the Ministers of the blessed Evangel, whom God of his mercy had raised up, or hereafter should raise, agreeing with them that then lived in Doctrine and administration of the Sacraments, and the people that professed Christ, as he was then offered in the Evangel, and doth communicate with the holy Sacraments (as in the reformed kirkes of this Realm they were presently administrate) according to the Confession of Faith, to be the true and holy kirk of Christ Jesus within this Realm, and decernes and declares all and sundry, who either gainsays the Word of the Evangel, received and approved as the heads of the Confession of Faith, professed in Parliament in the year of God 1560. specified also in the first Parliament of K. James 6. and ratified in this present Parliament, more particularly do specify; or that refuses the administration of the holy Sacraments, as they were then ministrated, to be no members of the said kirk within this Realm, and true Religion presently professed, so long as they keep themselves so divided from the society of Christ's body: And the subsequent Act. 69. Parl. 6. K. James 6. declares, That there is no other face of kirk, nor other face of Religion, than was presently at that time, by the favour of God, established within this Realm, which therefore is ever styled Gods true Religion, Christ's true Religion, the true and Christian Religion, and a perfect Religion. Which, by manifold Acts of Parliament, all within this Realm, are bound to profess to subscribe the articles thereof, the Confession of Faith, to recant all doctrine and errors repugnant to any of the said Articles, Act. 4. and 9 Parl. 1. Act. 45.46.47. Parl. 3. Act. 71. Parl. 6. Act. 106. Parl. 7. Act. 24. Parl. 11. Act. 123. Parl. 12. Act. 194. and 197. Parl. 14. of K. James 6. And all Magistrates, Sheriffs, etc. on the one part, are ordained to search, apprehend, and punish all contraviners: for instance, Act. 5. Parl. 1. Act. 104. Parl. 7. Act. 25.. Parl. 11. K. James 6. And that, notwithstanding of the King's Majesty's licences on the contrary, which are discharged and declared to be of no force, in so far as they tend in any ways to the prejudice and hinder of the execution of the Acts of Parliament against Papists, and adversaries of true Religion, Act. 106. Par. 7. K. James 6. on the other part, in the 47. Act. Parl. 3. K. James 6. it is declared and ordained, seeing the cause of God's true Religion and his Highness' Authority are so joined, as the hurt of the one is common to both; and that none shall be reputed as loyal and faithful subjects to our Sovereign Lord, or his Authority, but be punishable as rebellers and gainstanders of the same, who shall not give their Confession, and make their profession of the said true Religion; and that they who after defection shall give the Confession of their faith of new, they shall promise to continue therein in time coming, to maintain our Sovereign Lords Authority, and at the uttermost of their power to fortify, assist, and maintain the true Preachers and Professors of Christ's Religion, against whatsoever enemies and gainstanders of the same: and namely, against all such of whatsoever nation, estate, or degree they be of, that have joined and bound themselves, or have assisted or assists, to set forward and execute the cruel decrees of Trent, contrary to the Preachers and true Professors of the Word of God, which is repeated word by word in the Articles of Pacification at Pearth the 23 of February 1572. approved by Parliament the last of April 1573. ratified in Parliament 1578. And related, Act. 123. Parl. 12. of K. James 6. with this addition, That they are bound to resist all treasonable uproars and hostilities raised against the true Religion, the King's Majesty, & the true Professors. Like as all lieges are bound to maintain the K. Majesty's Royal Person and authority, the authority of Parliaments, without the which neither any laws or lawful judicatories can be established, Act. 130. Act. 131. Par. 8. K. Ja: 6. & the subject's liberties, who ought only to live and be governed by the King's laws, the common laws of this Realm allanerly, Act. 48. Parl. 3. K. James 1. Act. 79. Parl. 6. K. James 4: repeated in Act. 131. Parl. 8. K. James 6. Which, if they be innovated or prejudged, the Commission anent the union of the two kingdoms of Scotland and England, which is the sole Act of the 17. Parl. of K. James 6. declares, such confusion would ensue, as this Realm could be no more a free Monarchy, because by the fundamental laws, ancient privileges, offices and liberties of this kingdom, not only the Princely authority of his Majesty's royal descent hath been these many ages maintained, but also the people's security of their lands, livings, rights, offices, liberties & dignities preserved; and therefore for the preservation of the said true Religion, Laws, and Liberties of this kingdom, it is statute by Act. 8. Parl. 1. repeated in Act. 99 Parl. 7. ratified in Act. 23. Parl. 11. and 114. Act. of K. James 6. and 4. Act. of K. Charles, That all kings and Princes at their Coronation and reception of their Princely authority, shall make their faithful promise by their solemn oath in the presence of the eternal God, that enduring the whole time of their lives, they shall serve the same eternal God, to the uttermost of their power, according as he hath required in his most holy Word, contained in the old and new Testaments. And according to the same Word, shall maintain the true Religion of Christ Jesus, the preaching of his holy Word, the due and right ministration of the Sacraments, now received and preached within this Realm (according to the Confession of Faith immediately preceding) and shall abolish and gainstand all false Religion, contrary to the same, and shall rule the people committed to their charge, according to the will and command of God revealed in his foresaid Word, and according to the lowable laws and constitutions received in this Realm, no ways repugnant to the said will of the eternal God, and shall procure, to the uttermost of their power, to the kirk of God, and whole Christian people, true and perfect peace in all time coming; and that they shall be careful to root out of their Empire all Heretics, and enemies to the true worship of God, who shall be convicted by the true kirk of God of the foresaid crimes; which was also observed by his Majesty at his Coronation in Edinburgh 1633. as may be seen in the order of the Coronation. In obedience to the commandment of God, conform to the practice of the godly in former times, and according to the laudable example of our worthy and religious Progenitors, and of many yet living amongst us, which was warranted also by Act of Council, commanding a general Band to be made and subscribed by his Majesty's subjects of all ranks, for two causes: One was, for defending the true Religion, as it was then reform, and is expressed in the Confession of Faith above written, and a former large Confession established by sundry acts of lawful General Assemblies, and of Parliament, unto which it hath relation, set down in public catechisms, and which had been for many years with a blessing from heaven, preached, and professed in this Kirk and Kingdom, as Gods undoubted truth, grounded only upon his written Word: The other cause was, for maintaining the King's Majesty his Person and Estate; the true Worship of God, and the King's authority being so straightly joined, as that they had the same friends and common enemies, and did stand and fall together. And finally, being convinced in our minds, and confessing with our mouths, that the present and succeeding generations in this Land, are bound to keep the foresaid national Oath and subscription inviolable, We Noblemen, Barons, Gentlemen Burgesses, Ministers, and Commons under subscribing, considering diverse times before, and especially at this time, the danger of the true reformed Religion, of the King's honour, and of the public peace of the Kingdom, by the manifold innovations and evils generally contained and particularly mentioned in our late supplications, complaints, and protestations, do hereby profess, and before God, his Angels, and the World solemnly declare, That, with our whole hearts we agree and resolve all the days of our life constantly to adhere unto, and to defend the foresaid true Religion, and forbearing the practice of all novations, already introduced in the matters of the worship of God, or approbation of the corruptions of the public Government of the Kirk, or civil places and power of Kirkmen, till they be tried and allowed in free Assemblies, and in Parliaments, to labour by all means lawful to recover the purity and liberty of the Gospel, as it was established and professed before the foresaid novations: And because, after due examination, we plainly perceive, and undoubtedly believe, that the Innovations and evils contained in our Supplications, Complaints, and Protestations have no warrant of the Word of God, are contrary to the Articles of the foresaid Confessions, to the intention and meaning of the blessed Reformers of Religion in this Land, to the above written Acts of Parliament, and do sensibly tend to the re-establishing of the Popish Religion and tyranny, and to the subversion and ruin of the true Reformed Religion, and of our Liberties, Laws, and Estates. We also declare, that the foresaid Confessions are to be interpreted and ought to be understood of the foresaid novations and evils, no less than if every one of them had been expressed in the foresaid Confessions; and that we are obliged to detest and abhor them, amongst other particular heads of Papistry abjured therein. And therefore from the knowledge and conscience of our duty to God, to our King and Country, without any worldly respect or inducement, so far as humane infirmity will suffer, wishing a further measure of the grace of God for this effect, We promise and swear, by the Great Name of the Lord our GOD, to continue in the Profession and Obedience of the foresaid Religion: That we shall defend the same, and resist all these contrary errors and corruptions, according to our vocation, and to the uttermost of that power that God hath put in our hands, all the days of our life: And in like manner, with the same heart, we declare before God and Men, That we have no intention nor desire to attempt any thing that may turn to the dishonour of God, or to the diminution of the King's Greatness and Authority: But on the contrary, we promise and swear, that we shall, to the uttermost of our power, with our means and lives, stand to the defence of our dread Sovereign, the King's Majesty, his Person and Authority, in the defence and preservation of the foresaid true Religion, Liberties and Laws of the Kingdom; As also to the mutual defence and assistance, every one of us of another in the same cause of maintaining the true Religion, and his Majesty's Authority, with our best counsel, our bodies, means, and whole power, against all sorts of persons whatsoever. So that, whatsoever shall be done to the least of us for that cause, shall be taken as done to us all in general, and to every one of us in particular. And that we shall neither directly nor indirectly suffer ourselves to be divided or withdrawn by whatsoever suggestion, combination, allurement, or terror, from this blessed and loyal Conjunction, nor shall cast in any let, or impediment that may stay or hinder any such resolution, as by common consent shall be found to conduce for so good ends. But on the contrary, shall by all lawful means labour to further and promove the same: and if any such dangerous and divisive motion be made to us by Word or Writ, we, and every one of us, shall either suppress it, or, if need be, shall incontinent make the same known, that it may be timously obviated; neither do we fear the foul aspersions of rebellion, combination, or what else our adversaries from their craft and malice would put upon us, seeing what we do is so well warranted, and ariseth from an unfeigned desire to maintain the true worship of God, the Majesty of our King, and the peace of the Kingdom, for the common happiness of ourselves, and the posterity. And because we cannot look for a blessing from God upon our proceedings, except with our Profession and Subscription we join such a life and conversation, as beseemeth Christians, who have renewed their Covenant with God; We, therefore faithfully promise, for ourselves, our followers, and all others under us, both in public, in our particular families and personal carriage, to endeavour to keep ourselves within the bounds of Christian liberty, and to be good examples to others of all Godliness, Soberness, and Righteousness, and of every duty we owe to God and Man. And that this our Union and Conjunction may be observed without violation, We call the living God, the Searcher of our Hearts, to witness, who knoweth this to be our sincere Desire, and unfeigned Resolution, as we shall answer to JESUS CHRIST in the great day, and under the pain of God's everlasting wrath, and of infamy, and of loss of all honour and respect in this World: Most humbly beseeching the LORD, to strengthen us by his holy Spirit for this end, and to bless our desires and proceedings with a happy success, that Religion and Righteousness may flourish in the Land, to the glory of God, the honour of our King, and peace and comfort of us all. In witness whereof we have subscribed with our hands all the premises, etc. TO dispute against this Covenant scholastically, or otherwise then by vindicating Our Royal Authority, and the Monarchical government of that Our ancient Kingdom, is far beneath Us; and therefore We would only know, how they can possibly answer these four questions to the world. First, by what authority they entered into this Covenant, and how they durst presume to exact an Oath from any of Our subjects to it, or any thing else; it being an irrefragable proposition, That no public Oath can be administered but by a Magistrate, or by one sufficiently deputed by authority to administer it: For it is a badge annexed to Magistracy and Authority, to have power of giving and taking an oath; and therefore they cannot satisfy the world by what Authority or deputation from Authority they did give this oath to, and receive it from Our subjects. They do answer, that though they have no Law for it, yet they have Precedent; For this Confession of Faith (say they in the title of their Covenant) was subscribed by Our Father of happy memory, and his household, in the year 1580. thereafter by persons of all ranks in the year 1581. and that by the ordinance of the Lords of the Secret Council, and Acts of the General Assembly: Subscribed again, by all sorts of persons in the year 1590. by a new ordinance of Council at the desire of the General Assembly, with a general band for maintenance of true Religion and the King's person. Now, was this their Confession of Faith, and Covenant annexed, commanded to be sworn and subscribed by Us, by any order from Our Council, or by any Act of General Assembly? But they will say, that it being once commanded, that commandment is still in force and vigour. That is indeed a good ground or precedent for Us and Our Council, to command this same oath to be renewed when We shall see cause; but the repetition of it must still be by the same Authority by which it was at the first enjoined: Now, the first injunction of this subscription was made by Our Royal Father, in the year 1580. the first renewing of it in 1581. was (as they say themselves) by an ordinance of the Lords of the Secret Council; the second renewing of it 1590. was by a new ordinance of Council at the desire of the General Assembly. By which it is plain, that the judgement of the General Assembly, (which in those days was at the highest, and was not wont to derogate from their own power) was, that this oath could not be renewed, nor any band, but by authority from Our Royal Father and His Council. Again, have they not printed in the frontispiece of this their Covenant Our Royal Father his charge to certain Commissioners, and all Ministers within that Realm, for requiring this oath, with a command to return to the Ministers of his house, the names and processes of all such as should refuse to take the said oath. Now, did any of all these precede their Covenant? Was Our authority, or the authority of Our Council so much as asked, much less obtained? Were there any Commissioners by Us, or Our Council appointed to receive this oath in the several Shires? Nay, as shall appear afterward in due place, when We, with the advice of Our Council, by Proclamation did command the renewing of that oath, and designed Commissioners throughout the several Shires of the Kingdom for administering of it, did not those, who call themselves of the Table, refuse to swear it themselves, and command that none of the Kingdom should swear it by any authority from Us? And is not this pulling down of Our authority, and setting themselves in Our place? So that if the Reader look upon the title and inscription of their Covenant, he shall find (as We said) that it carrieth the overthrow of it in its own front. Secondly, say they had power to command the new taking of this oath, (as they had not,) yet what power can be pretended for their interpretation of it? It being a received Maxim, That no less authority can interpret a Law or Rescript, then that which made it, or those, whom they who made it have constituted Judges to give judgement and sentence according to the true meaning of it. This oath then being first framed and urged by our Royal Father, with the advice of his Council, can it be interpreted by any but by Us, and His and Our successors? And have either We or Our Council given any such interpretation? Nay, can any man, though in authority, endued with Religion or reason, with any conscience or honesty, give not only so false, but so ridiculous and absurd an interpretation of that Confession of faith, as those of the Table have given? For they have declared, That this Confession is to be interpreted, and aught to be understood of all the pretended Novations, no less then if every one of them had been expressed in the said Confession. Had they said that they themselves did prohibit these pretended novations, as other points of Popery in that confession abjured, the words had then carried some sense, as intimating that they themselves did now think that they did tend to Popery: But that they should force any man to swear that the framers of that Confession at the first did so, they being all dead, & so never were asked, nor can be asked the question; or that they should make men living swear what was the mind of the dead, concerning the five Articles of Pearth, the Service Book, the Book of Canons, the high Commission, things of which in their lives they never heard, nor perhaps did ever imagine the introduction of them, (they in that Confession abjuring only those Romish corruptions, which in their time had infested the Church,) is such a profane and foolish interpretation, that one would wonder how any one that either hath the knowledge, or maketh conscience of an oath, can either himself take, or desire others to take an oath so false and foolish as this: And therefore, with more wit than honesty, where they met with no scrupulous people, they suffered them to swallow down that wicked gloss which corrupteth the very text of the Confession: But where multitudes, especially of the Ministers, (who at their admissions had sworn obedience to, and practise of these points which they call innovations,) quarrelled at this their interpretation, they assured them, that it would breed a great division if they should desire but the least alteration of the words in which their Covenant was conceived, but yet that they might very well swear all, with a reservation of not abjuring Episcopacy, the five Articles of Pearth, or any thing established by Acts of Parliament and General Assembly: With which Protestation and reservation, and not otherwise, many, especially of the Ministers, did swear their Covenant, as they themselves do well know: which was such a notable piece of Jesuitical equivocation on their parts, who exacted this oath, and contrary to the very letter and grammatical sense of the oath itself, especially in that part of it which containeth their interpretation of the Confession, as the like hath scarcely been heard. Thirdly, where was it ever heard that men, pretending for a ground of their proceedings, the precedent of a former Confession and band annexed, did dare to add any thing to the text of that Confession and band upon which they meant to build their actions? But these men have taken upon them, not only without authority to make an interpretation of that Confession, but flatly against Authority, to add to the very text of the band of maintenance: For whereas the band annexed to the former Confession was made in defence of Us, Our Authority and Person, with their fortunes, bodies and lives, in defence of the Gospel of Christ, and liberties of that Our Kingdom, etc. they have added a mutual defence of one another; So that the band, which was at the first made against those subjects who went about to correspond with foreigners for the subversion of Our Religion and Kingdom, is now made against all persons whatsoever, who shall oppose them in their courses. That band which was made in defence of Our person and authority, against all treason at home and invasion from abroad, is now principally made against Us, if We shall oppose their courses; and next, against all such of Our loyal subjects as shall adhere to Us in defence of Our person and authority: For these words, against all persons whatsoever, not excepting Us, shows their bad meaning too well. Now, whether Our Royal Father in the first band, by defence of His person and authority, meant maintenance against Us His successor, Our person and authority (for they urge the intention of the first Confession and band as a warrant for this new one of theirs,) or whether the words of the Emperor, or any Monarch, or any other Lawgiver, in any of their Laws or Rescripts, can be taken in any tolerable construction against the Crown and Dignity of themselves and successors; Or how these new Covenanters can with the same breath blow both hot and cold, with the same hand both strike and stroke Us, in one sentence swearing to defend Our person and authority, and yet in the next swearing to defend one another against all persons whatsoever, not excepting Us, if not principally intending Us, We leave it to the world to consider. Fourthly, what show of defence can these men make, to save themselves from being punished with all rigour, as movers of sedition, and disturbers of the public peace and quietness of the Kingdom, since the Act of the tenth Parliament of James the sixth, Act. 12. and the 75. Act of the ninth Parliament of Queen Marie, to which the Act last mentioned relateth, have declared all leagues of subjects amongst themselves, without the privity and approbation of the King, to be seditious, and the Authors and Abetters of them to be punished as movers of sedition? The tenth Parliament of James the sixth, Act. 12. FOrasmuch as there was an Act made in the Regiment of Mary, late Queen dowager, and Regent of this Realm, Our Sovereign Lords grandmother of worthy memory, concerning leagues and bands, as being thought, against all law and obedience of subjects towards their Princes; The not observation of which Act since the making, hath given occasion of many troubles which have occurred since: Wherhfore Our Sovereign Lord, with the advice of His three Estates, convened in this present Parliament, ratifieth, approveth, and for His successors perpetually confirmeth the said Act of Parliament, and ordaineth the same to have full effect and execution in all time to come: And also of new, with the advice of His said three Estates, dischargeth and annuleth all leagues and bands made between his lieges and subjects at any time bypast preceding the date hereof: And statuteth and ordaineth, that in time to come no leagues nor bands be made amongst His subjects, of any degree, upon whatsoever colour or pretence, without His Highness or His successor's privity and consent had and obtained thereunto, under the pain of being held and executed as movers of sedition and unquietness, to the breach and trouble of the public peace of the Realm, and to be cited and pursued therefore with all rigour to the example of others. The ninth Parliament of Queen Mary, Act. 75. IT is statuted and ordained by the Queen's Majesty, and three Estates in Parliament, That no manner of person or persons, of whatsoever quality, estate, condition, or degree, lieges of this Realm, attempt to do or raise any bands of men of war, on horse or foot, with Culverings, Pistols, Pikes, Spears, Jacks, Splents, Steel-bonnets, white harnis, or other warlike munition whatsoever, for daily, weekly, or monthly wages in any time to come, without special licence in writing had and obtained of Our Sovereign Lady and her successors, under the pain of death, to be executed upon the raisers of the said bands, as also upon them that do conveen and rise in bands. Now Our consent to their Covenant was not only never granted, but never so much as once asked. When they have satisfied these important questions and considerations, which are obvious to all men who are acquainted with Laws and Government, then let them bethink themselves how they will answer, not only to all Divines abroad who are not Jesuited, but even to their own Universities at home in that Our Kingdom, in the case of conscience, how any Oath, much less such an unlawful Oath as this, can be administered to any Prince his subjects, without his consent or authority. There are but two Universities in Scotland which confer all Degrees, S. Andrew's and Aberdene; both these, upon the first coming abroad of this their Covenant and Oath, did oppose it, and severally set forth, sent abroad and dispersed in writing, those excellent and unanswerable Reasons against it, which We have seen and have, but which the Covenanters did never answer. Besides, the Divines of Aberdene set out in print their Queries to the three Ministers, sent thither from their Table to persuade their Covenant, which how poorly and pitifully they answered, and so again, how they answered the same men's Duplies, as miserably as their former Queries, We leave to the judgement of Scholars, to whom these three Ministers weakness in their answers hath made them sufficiently ridiculous. There is likewise an University in Glascow, which because it hath but one College, and hath not of late conferred any Degree above that of Master of Arts, is called the College of Glascow. They of that College were very backward to come into their Covenant, until they were extremely threatened; and when they came in, they premitted such interpretations and limitations, as were destructive of the very foundation of it; some of the Regent's never came in at all. In the College of Edinburgh, where there are but four Regent's, how two of them, for not subscribing their Covenant, were expelled from their places, is notoriously known. Now one would think, that in any Kingdom the judgement of the learned Professors in Universities and Colleges, in a point of conscience, should weigh down the groundless opinions of their Tables, consisting of Noblemen, Gentlemen, Ministers and Tradesmen. But leaving the many unanswerable reasons which may be brought against this their Covenant, We shall desire the Reader to observe three things, which appeared at the very first coming out of it: First, how in it they swollen far above all that ever was complained of, either in their tumults or petitions: In their tumults they complained only of the Service Book; in their petition exhibited to Our Council and sent up to Us, they complained of the Service Book and Book of Canons; more of their grievances then, We knew not: Now in this their Covenant, besides these two, they complain of, and do abjure, as they make their adherents believe, the five Articles of Pearth, which were established by Acts, first of the general Assembly, and then of Parliament; Then they complain of the high Commission, which ever since the year 1609. hath been quietly established and in practice amongst them; Then they complain of Prelates sitting in civil Judicatories; a thing which We cannot choose but wonder at, not only in regard of Ourself, whom by this means they would rob of the benefit of the abilities of any of Our subjects in Our counsels and affairs of State, as if holy Orders did superinduce a dissabilitie for civil Wisdom and Prudence; but especially in regard of themselves, because by this strange conceit they contradict, more than they are aware of, their own false and prodigious opinions: for what incongruity can they find in it, for a Bishop to sit at Our Council Table, where many causes are heard, in which Religion is concerned; or in Our Session, where many Churchmen have trials for their maintenance? when they themselves hold it not only convenient, but necessary, and that even jure divino, that Noblemen, Gentlemen, Merchants, Tailors, Saddlers, Shoemakers, and others of most mechanical Trades, shall sit and give sentence in Parochial Sessions and in Presbyteries, in Causes Ecclesiastical, and those of the highest nature, even the last and supremest censures of the Church, Excommunication, and depriving of Ministers; nay, that they shall give sentence in the general Assembly (a judicatory which now they hold to be above Our Session, Council, or Parliament; for they maintain that the Acts of that Assembly may, in many cases, disannul and derogate from the Acts of the other three) where they do assume to themselves to determine all questions de Fide, Cultu & Disciplina, of Faith, Worship or Discipline, and in which of late they did assume to themselves power to determine, and, according to their weak and poor power, did determine controversies concerning Predestination, universal Grace, irresistibility of Grace, concurrence of freewill with Grace, total or final falling from Grace, and other such like intricate points, as some men would be loath to live so long until they could make them understand them. Secondly, We desire the Reader to observe with what affections this their Covenant was received abroad, both by Protestants and Papists, at the very first publishing of it: By Papists it was received with infinite joy, as hoping that now the time was come in which both We and Our Successors might be brought to abhor and detest that Religion, whose professed Zelots' had been the authors of such an unsufferable Covenant, which could not consist with Monarchy; which appeared to Us most evidently by the advertisements which then were sent up to Us from some of Our Council of that Kingdom, that the sudden and frequent arrival of Priests and Jesuits from Douai and other Seminaries beyond the Seas, was so great, in hope of their welcome to Us because of this seditious Covenant, that unless some speedy order were taken for their present discouragement and sending back, the evil might quickly pass remedy; which moved Us, notwithstanding these present broils, to take present order for such proceedings against them, as they were forced to retire. With Protestants abroad, it was received with most offensive scandal and infinite grief; which appeared unto Us by advertisements from some of Our public Ministers abroad, who certified Us, that both the Ministers and others of their Consistory at Charenton, and of other Reformed Churches in France, as also the Professors, Ministers, and Consistory of Geneva, and of other neighbouring Reformed Churches in those parts, were so scandalised with this prodigious Covenant, as that they were afraid of nothing more than this, that it would bring an indelible scandal upon the Reformed Churches, and alienate the minds of all the Princes of Christendom from ever entertaining a good thought of their Religion. Of what condition then and fearful consequence that Covenant is, which bringeth grief and offence to Our friends, joy and triumph to Our enemies, is evident to all eyes that are opened. Thirdly, We desire the Reader to consider with what fury and madness this Covenant, after it was conceived, was obtruded to all sorts of people: with what threatenings, with what beating, tearing of the clothes, drawing of the blood, and exposing to thousands of injuries and reproaches, at Edinburgh, Saint Andrews, Glascow, Lanarick, and many places more, of those Ministers, who out of religious conscience towards God, and loyal carriage towards Us, did either dissuade their Parishioners from entering into it, or could not by their entreaties or threatenings be persuaded to enter into it themselves. No doubt it cannot be a Covenant approved by God, the first bitter and accursed fruits whereof were the many drops of blood drawn from many of God's Ministers, which now no doubt do call for God's vengeance upon the whole land. Now, the fire of this seditious Covenant flaming throughout all the corners of the Kingdom, and that to such an unexpected height and violence, as it was passed both the skill and power of Our Council to quench it, Our Council resolved to send up unto Us Sir John Hamilton Our Justice Clerk, one of Our Privy Council, and one of the Lords of Our Session, that he might fully acquaint Us with the passages of this Rebellion, and the consequences of it. After Our hearing of him many times, and many consultations had with such of Our Council of Scotland as were then here present, and such of Our Council here in England as We thought fit to communicate this business unto, We resolved to send unto that Our Kingdom the marquis of Hamiltoun with the full power of an High Commissioner, as in other cases Our Royal Father and We had many times done in important business concerning that Kingdom; and in the mean time, we dispatched home the said Sir John Hamilton to give notice thereof, both that they might carry themselves quietly until Our Commissioner his coming, from whom they were to expect Our pleasure, with all favour which might consist with Royal authority, as also that they might before Our Commissioners going from hence, have time to make Us fully acquainted with the uttermost of their grievances, that so accordingly Our Commissioner might receive Instructions from Us for giving unto them all just satisfaction. And so We, having here taken into Our serious consideration all their Petitions, which We might have justly rejected, because of the insolency of their demeanour, and their tumultuous way of presenting them to Our Council, yet resolved to take the mildest course We could for calming of these commotions, and therefore We settled upon a way usually practised by Our Royal Father in that Kingdom since his coming to the Crown of England, viz. to establish an High Commissioner, with full power and authority to conclude and determine all such things as should be found for the good, quietness, and peace of that Kingdom, with as full and ample power as other Commissioners had exercised in any time of Our Royal Father, and especially at Parliaments. And considering that none, in the consultations which We held for this business, had ever showed himself more forward and inclinable to advices and counsels of peace, nor a more zealous Patriot towards his native country, than Our right trusty and wellbeloved Cousin and Counsellor of both Kingdoms, James marquis of Hamiltoun, etc. Gentleman of Our Bedchamber, and Master of Our Horse; We made choice of him for Our High Commissioner, to that purpose, being persuaded both of his loyalty and fidelity towards Us, as also of the great acceptation of his person with Our subjects there, in regard of his birth and place, but especially of his singular care of, and love to his country, which they themselves did know he had so piously and affectionately expressed in all his consultations and counsels here with Us: Him therefore We dispatched from hence with full Instructions, according to which he was to receive his Commission under Our great Seal of that Kingdom at his coming thither, which he received and presented to the Lords of Our Council, frequently assembled at Dalkeith, the sixth of June following; the true tenor of which Commission here followeth. CAROLUS Dei gratiâ Magnae Britanniae, Franciae, & Hiberniae, Rex, fideique Defensor: Omnibus probis hominibus suis ad quos praesentes literae pervenerint, Salutem. Sciatis nos considerantes magnos in hoc regno nostro Scotiae non ita pridem exortos tumultus, ad quos quidem componendos, multiplices regiae nostrae voluntatis declarationes promulgavimus, quae tamen minorem spe nostrâ effectum hactenus sortitae sunt: Et nunc statuentes, ex pio erga dictum antiquum regnum nostrum affectum, ut omnia gratiosè stabiliantur & instaurentur, quod (per absentiam nostram) non aliâ ratione commodius effici potest, quam fideli aliquo Delegato constituto, cui potestatem credere possumus tumultus ejusmodi consopiendi, aliaque officia praestandi, quae in bonum & commodum dicti antiqui regni nostri eidem Delegato nostro imperare nobis videbitur: Cumque satis compertum habeamus obsequium, diligentiam, & fidem praedilecti nostri consanguinei & consiliarii Jacobi Marchionis Hamiltonii, Comitis Arraniae & Cantabrigiae, Domini Aven & Innerdail, etc. eundemque ad imperata nostra exequenda sufficientèr instructum esse: Idcircò fecisse & constituisse, tenoreque praesentium facere & constituere praefatum praedilectum nostrum consanguineum & consiliarium Jacobum Marchionem de Hamiltoun, etc. nostrum Commissionarium ad effectum subscriptum: Cum potestate dicto Jacobo Marchioni de Hamiltoun, etc. dictum regnum nostrum adeundi, ibidemque praefatos tumultus in dicto regno componendi, aliaque officia à nobis eidem committenda in dicti regni nostri bonum & commodum ibi praestandi: Eoque Concilium nostrum quibus locis & temporibus ei visum fuerit convocandi, ac rationem & ordinem in praemissis exequendis servandum declarandi & praescribendi: Et quaecunque alia ad commissionis hujus capita pro commissa ipsi fide exequenda, eandemque ad absolutum finem perducendam & prosequendam conferre possunt tam in Concilio quam extra Concilium nostro nomine efficiendi & praestandi: Idque similiter & adeò liberè acsi Nos in sacrosancta nostra persona ibidem adessemus. Et hac praesenti nostrâ commissione durante nostro beneplacito duratura ac semper & donec eadem per nos expressè inhibeatur. In cujus rei testimonium praesentibus magnum sigillum nostrum apponi praecepimus. Apud castrum nostrum de Windsore vigesimo die mensis Maii anno Domini millesimo sexcentesimo trigesimo octavo, Et anno regni nostri decimo quarto. Per signaturam manu S. D. N. Regis suprascriptam. On which day the whole body of Our Council, with all respectful and dutiful expressions of joy and thankfulness of Our fatherly care of that Our Kingdom in these difficult times, acknowledged and received Our said Commission and Commissioner: And Our said Cousin and Councillor, the Lord marquis of Hamiltoun, did with all submissive reverence then and there accept the said Commission, promising the uttermost of his endeavours for settling the peace of that Kingdom, so far as might consist with Our royal Crown and Dignity, and the Laws and Liberties of that Our ancient and native Kingdom, as by the Act of Council dated at Dalkeith the sixth of June 1638. doth more fully appear: After which acceptation of our Commission, the said Lord marquis had by Our Council, and all others, whensoever he went abroad, all respects, honour and reverence due to Our Commissioner, performed unto him, Our Chancellor carrying Our great Seal before him, and some other Noblemen of great place and quality carrying Our High Commission before him likewise. We having now taken this course which We conceived most agreeable both to the customs of that Kingdom, and most acceptable to them, in regard of the choice of Our Commissioner, had then assured hopes, that the dangerous distractions of that Kingdom might be happily composed: But these hopes were quickly blasted; for no sooner had the heads of the Covenant notice of these peaceable courses intended by Us, but they flew out, even before our Commissioners arriving there, into far greater violence than heretofore, increased the frequent meetings of their Tables, subdivided them into several Committees, increased their provision of Arms, made their Pulpits ring with most seditious Sermons, putting the people in fear, that now there was more danger to be expected from the Lord marquis his coming home, and all peaceable treaties, than ever; and at their Tables concluded upon a paper, consisting of ten Propositions or Articles, which they caused immediately before our Commissioners arrival, with wonderful expedition, to be dispersed throughout all the Shires of that Kingdom: which ten Articles, according to the true copy, We have caused to be here inserted. FIrst, for observing union, it is thought fit, that no answer be made to any of the Statesmen or others, having Commission from the King, concerning the public business, but with common consent and advice according to the Articles of our Covenant against divisive motions; and if any propound motions tending to the breach of our union; it would be told them plainly, we will repute them as unfriends both to us and our cause. Secondly, for the better method in preparing and holding of matters to be treated of, it is thought fit that there be a Committee chosen, and that some of the Gentry, Burrowes, and Ministers be present at the meetings with the Noblemen. Thirdly, It is thought fit, that all who are interessed may attend punctually to Diets and meetings, with the rest of the number appointed for the good of the public business; and, lest our adversaries should (upon the frequent attending of the prime Noblemen and Statesmen) take occasion to affirm, that they have power to dispose of their friends in this cause, their attendance would be the more shunned, to show we will depend upon no man who is of an averse judgement, or who are about a contrary employment in the matter of our Covenant and conscience. Fourthly, if there be any new Proclamation, it is thought fit that it may be obviat and reincountred with a new Protestation, which would be condescended upon, and would contain our eight last Articles; And that our Protestation may be backed with good information and reasons, and sent with diligence to the Commissioners to the several parts of the Kingdom, that they be not deceived nor surprised with Proclamations or suggestions, and that the copy of the Protestation may be given to the Commissioners of Shires and Burghes, to meet the Proclamation in all points needful. Fifthly, if the discharge of the Book of Service, and Canons, and limitation of the High Commission be granted; and that upon the Statesmen and Commissioners offer, the King will grant all we can crave which is not repugnant to Law, and allege that Episcopal power and Articles of Pearths Assembly are established by Law; It is answered that the abuses of Episcopal government are contrary to Law, and censurable by Law, and the Articles of Pearth should be rightly interpreted, and our desires for the free and yearly exercise of General Assemblies, free admission of Ministers without unlawful Oaths, and rectifying of the Articles of Pearths Assembly, and that the Prelates boundless usurped power, limited according to the caveats of their admission, are all agreeable to Law for the reasons contained in the Articles: And if the Bishops, Statesmen, and others be of a different judgement from the most part of the Church and Kingdom, the General Assembly and Parliament (who were the Lawmakers,) are only competent Judges for interpreting their own Acts, whose direction we crave: And although the Law were interpreted as they allege, which is altogether untrue, and contrary to the grounds and meaning of the Law, yet the body of the Kingdom, for whose good the Law was made, may crave the lawful redress of the grievances sustained by that Law, and our complaints, supplications, and protestations against the Bishops, depending in process for clearing the subjects loyalty, and repairing the wrong complained of, cannot be otherwise lawfully decided, cannot remedy the present evils, nor prevent the like or worse evils in time coming. Sixthly, it is thought fit, that all who have subscribed the Covenant, be made sensible that they are obliged by their Oath, not to rest satisfied with less than the desire of our Articles, which are agreeable to law, conscience, and reason, and without which we will be frustrated of our ends, our adversaries in time will obtain the establishment of the evils we complain of. Seventhly, it is thought fit, that the number of the Commissioners be doubled, against the Statesmen and marquis down coming, and that all be warned to be ready upon advertisement. Eighthly, that the report of the subscriptions of the Covenant may be sent to Edinburgh from all several parts of the Kingdom. Ninthly, that things recommended to our former Committee be adverted to, with the best diligence that can be. Tenthly, it is thought expedient that all the time of the general meeting there be a Fast. OUr Commissioner upon his way to that Kingdom, did meet with advertisements of these strange fears, which the ringleaders of the Covenant (who were afraid of nothing more than that our subjects should receive satisfaction from Us by Our Commissioner) had possessed Our people with, & the bad entertainment he was like to receive at his coming thither, acquainted Us therewith, but went forward on his journey until he came to Barwick, from whence he sent to his especial friends and kindred, and to all such Gentlemen of his own name, and others, as were his Vassals and Tenants, and hold their lands from him by service and attendance on him when he shall require it, he received answer that all these Obligations were quite discharged by the Covenanters Table at Edinburgh, who had absolutely commanded that none, who had subscribed their Covenant, should go to meet, or give any personal attendance upon Our Commissioner, until such time as they should have leave from their Table so to do; and so Our Commissioner went from Barwick unattended by these Noblemen, or by any other of his own kindred or vassals, unless such as had not subscribed their Covenant, (except some few, whose affection exceeded the command of the Tables); an affront before that time never offered to any person of his quality in that Kingdom: Yet he was very nobly and honourably received, and conducted to Dalkeith by all Our Council, most of the Lords of the Session, who are the Judges of the Law, great troops of the Nobility and Gentry, who had not subscribed their Covenant. Now, the reasons why their Table had laid this strict charge, of not conducting Our Commissioner, upon all their adherents, were these two, as appeared plainly by the speeches uttered by many of the Covenanters themselves: First, that they might not seem to show the least respect to any, especially to those of greater rank, who were disaffected to their Covenant, as was ordered in the third Article of their ten last mentioned: Secondly, that they might make trial of their power with their own party, the heads of the Covenant being persuaded, that if they could prevail with their associates for breaking through the bonds of nature, blood, consanguinity, civility, vassalledge and dependence, in pursuance of their Orders, they should not much need to fear that any other obligations could be able to divert them from obedience to their dictates. Our Commissioner, immediately upon his coming to Dalkeith, (where the Council assembled for safety, because the combustions at Edinburgh increased daily) met with many discouragements and difficulties. First, We had sent some small proportion of Arms, and powder to be put into Our Castle of Edinburgh, justly doubting the surprisal of it by the Covenanters, who were there assembled in great multitudes, and had of late made great provision of Arms there. No sooner had the ship (in which these Arms with other goods were) cast Anchor in Leith road, but the Covenanters sent for the Merchant owner of the goods, commanding him to bring the ship into the Harbour, and discharging him from unloading any thing in the ship, especially Arms, until he had leave from them, as he would answer the contrary at his peril; of which Our Lord Treasurer being advertised, provided that night a Boat which landed the Arms and powder, and Carts which presently carried them to Our Palace at Dalkeith, some four miles distant: How for this the Merchant was used by them, and how they did threaten to come by force and carry away that provision out of Our own house of Dalkeith, is notoriously known. Much about this time Our Commissioner came to Dalkeith, where he was received for his first welcome with the certain news of the increase of the people's rage in Edinburgh, of the Covenanters resolution first to take the Castle, but (upon better advice) of their deserting that purpose, yet falling upon that which was bad enough; for they had begirt the Castle with strong guards, so that no person nor provision could pass to or from it, but by their permission: Besides, they had entered into consultation, whether they should by force take out of Our Palace of Dalkeith that small provision of Arms and powder which was lately carried thither: which counsel they were persuaded by some not to follow, because of the residence of Our Commissioner there at that time; but one thing they resolved upon, that during the abode of Our Commissioner and Council there, though but four miles distant from Edinburgh, they would take no notice of them, send no Petition to them: and howsoever they allowed some of Our Commissioners particular kinsmen and acquaintance to go thither and visit him, yet they would not depute any to speak with him of the business for which he was sent, or of their complaints and grievances, but resolved not to leave Edinburgh, where they were well enough, so that if he had any thing to deliver to them, he might come thither, for to him and Our Council they would not come: And that they might have some colourable pretence with the people for this their insolent behaviour and resolution, it was cast out and rumoured abroad, that if they went to Dalkeith, there was an intention to blow them up with Gunpowder; not that the Authors of that foul and devilish aspersion entertained the least thought of any such fear, but that they might both have a colour for their unmannerly not addressing themselves thither, as also beget in the minds of their ignorant followers a higher indignation against, and jealousy of Our Commissioner and Council for such a wicked and treacherous plot. Now, at this very time when they made all this stir about that small provision of Arms for Our Castle, which exceeded not two hundred Muskets, and so many Pikes, with some small quantity of Powder, the Covenanters had two good Ships come home loaded with Arms and Ammunition, which they landed openly and avowedly. All these difficulties and new troubles, augmented daily of purpose since their notice of Our Commissioners journey, put him and Our Council to such a stand, as they knew not well what resolution to take. The Covenanters force and rage increased, which they had not power in any proportion to discharge; they could not discover in them the least inclination to peace; they found they would not so much as address themselves towards them, and they did not hold it agreeable with Our honour, or the dignity of those places which they held under Us, nor yet for their safety, to go to them; At last this means was thought on, no doubt by the advice of those of their Table, who scorned to seem to yield or petition for any such thing themselves. The Citizens of Edinburgh sent certain Commissioners to Our High Commissioner with a supplication▪ that he would be pleased to repair to Our Palace at Haly-rud-house, where they might more conveniently give demonstration of their affection to his Majesty's service, in attending his Grace's directions. Our Commissioner after he had acquainted and advised Our Council with this their supplication, by their advice, as willing to take any occasion to enter into the business for which We sent him, returned this answer to the Commissioners of Edinburgh, That if they would undertake to be Masters and Governors of their own city, that their citizens would behave themselves as good and dutiful subjects, and take order that the multitudes, now present in their city, who called themselves Covenanters, should do so too, and that the Guards about Our castle of Edinburgh should be dismissed and discharged, he would within a day or two repair to Our Palace at Haly-rud-house, otherwise not: For that he did hold it not agreeable to Our honour, that he Our Commissioner and Council should reside at Our said palace, which is situated at the one end of the city, when Our castle seated at the other end of the same should be blocked up with guards: All which, these Commissioners undertook to perform, and by their words desired to approve themselves most loyal subjects, hoping to clear themselves from many aspersions laid upon them, when his Grace would be pleased to hear and examine their proceedings. Hereupon Our High Commissioner, according to his promise, did remove himself from Dalkeith to Our palace at Haly-rud-house, attended by all Our Council, such of Our Nobility, Gentry, and others, as were affected to Our service, which consisted of a great number: Some two or three miles from Edinburgh he was met with the whole body of the Nobility and Gentry of Covenanters, then resident at Edinburgh, who were all mounted on horseback, and consisted of diverse thousands; and beside, in a nearer distance from Edinburgh, by the Ministers then resident there, who were all on foot, and consisted of many hundreds; and so all the way to Our palace was filled with swarms of people of all sorts and sexes, many of whose exclamations and outcries were very sharp and bitter, stuffed with cursings of Popery and Bishops; by which it was apparent that the multitude had been made believe that these two were one and the same thing. Our Commissioner when he first met on the way the Lords who call themselves Covenanters, was entreated by them to hear a speech delivered, as he should pass along, by a Minister in the name of the rest: But he, remembering the advertisements which he had received of their most seditious Sermons, and knowing by the same advertisements that he who was to deliver this speech was a deprived Minister, and one of the most seditious in the whole pack, returned answer to the Lords that he would not hear it, justly doubting that it might be stuffed as full of passages against Our authority as their Sermons used to be; and so that speech was omitted: Now, whether these great troops of Covenanters, both of horse and foot, in a great body by themselves, which did not join at the first with that company which attended Our Commissioner from Dalkeith, but stayed for him on the way in a far grosser body by themselves, was assembled to do honour to Our Commissioner, or for showing their own power and strength, by way of comparison with the company whom they met, which they far exceeded, We will not determine. But thus Our Commissioner was conducted to Our Palace of Holy-rood-house, where he was received by the Lord Provost, Bailiffs, Magistrates and citizens of Edinburgh with outward demonstrations of being welcome. And this was all the entertainment which at any time he had from the body of the Covenanters, during the time of his abode in that Kingdom; which whether it were hearty and sincere, or but only in show, and to show their own power, We leave it to be judged by the entertainment and respect which afterward he received from them; which will be found to be just none at all: For during the time of his continuance amongst them, though he found that they gave civil respects to him as marquis of Hamiltoun, yet his being clothed with Our authority and commission did much diminish them, as shall appear now in the next place, by those perpetual affronts which they ceased not to offer daily to him and Our Council, in all their proceedings concerning the business for which he was sent. Our Commissioner now being settled at Our palace, with the assistance of Our Council, he fell presently upon the main business with the Covenanters, whom he desired to dismiss their great multitudes; which they did, being indeed necessitated thereunto for the ease of their great charge. The two main Propositions which he offered to their consideration, were these: First, what they should expect from him in Our name for satisfaction to their complaints, and accommodating their grievances: Next, what might be expected from them for returning to their former obedience, especially in renouncing and delivering up their late Covenant. Both which propositions they did receive with so much slighting and contempt, as that they avowed, no satisfaction from Us should be accepted which contained any particulars; but that they expected, first, a General Assembly of the Church, and then a Parliament, that in these two Judicatories they would represent and discuss their grievances: And no wonder, for in both these they knew that themselves were to be both Judges and parties. For the second, they answered, that they could not return to their former obedience, from which they would never acknowledge that they had departed in the least degree, having done no act but that which became good and dutiful subjects: And for their Covenant, that they would rather renounce their Baptism then renounce it, or abate one word or syllable of the literal rigour of it; it being more available and useful unto them, than all the Laws and Acts of Parliament which had been enacted in that Kingdom since the time of Fergus the first King thereof: And that it was a proposition which though they had now heard, they were resolved never to hear a second time: And accordingly, after Our propositions thus made and rejected, they presently filled the people with such misreports of the intentions and ends of Our Commissioners coming, as they wrought them to a greater height of fury then before, as if now their Religion and Laws were brought to the stake: For now new Guards were clapped upon Our castle of Edinburgh, the Guards and Watches of the city multiplied, the Preachers Prayers and Sermons grew to be so many Libels, and admonitions that they should take heed of crafty compositions, or yielding in the least point of their intended reformation; for if they should abate in any one thing, it would be thought that they might be mistaken in all. They presently printed their weak Reasons against their rendering up of their Covenant, nay, they grew to that rage, that on the Saturday having knowledge that Our Commissioner (attended with Our Council) was to hear divine Service and Sermon in Our own chapel at Our own palace the day following being Sunday, they sent him word that whosoever should read the English Service in Our chapel should never read more, and that there were a thousand men provided for the disturbance of it; which forced Our Commissioner that night to repair to Dalkeith, being unwilling to hear Sermon but in Our own chapel, or there, without hearing the English Divine Service, it having been continually read there by the space of twenty years, in the audience of Our Council, many of the Nobility, Judges, and persons of all quality, without any interruption or dislike: Nay more, they grew to that boldness as to write letters to every one of Our Council, requiring them to subscribe their Covenant; which Letter sent to every one of them severally, but in the same words, here followeth. May it please your Lordship, We the Ministers of the Gospel, convened at this so necessary a time, do find ourselves bound to represent, as unto all, so in special unto your Lordship, what comfortable experience we have of the wonderful favour of God, upon the renewing of the Confession of faith and Covenant, what peace and comfort hath filled the hearts of all God's people, what resolutions and beginnings of reformation of manners are sensibly perceived in all parts of the kingdom, above any measure that ever we did find or could have expected, how great glory the Lord hath received thereby, and what confidence we have (if this sunshine be not eclipsed by some sinful division or defection) that God shall make this a blessed kingdom, to the contentment of the King's Majesty, and joy of all his good subjects, according as God hath promised in his good Word, and performed to his people in former times; And therefore we are forced from our hearts both to wish and entreat your Lordship to be partaker and promover of this joy and happiness by your subscription, when your Lordship shall think it convenient: And in the mean while, that your Lordship would not be sparing to give a free testimony to the truth, as a timely and necessary expression of your tender affection to the cause of Christ now calling for help at your hands▪ your Lordship's profession of the true Religion as it was reform in this land, the national oath of this kingdom sundry times sworn and subscribed, ablishing us who live at this time, the duty of a good Patriot, the office and trust of a Privy Counsellor, the present employment to have place amongst those that are first acquainted with his Majesty's pleasure, the consideration that there is the time of trial of your Lordship's affection to Religion, the respect which your Lordship hath unto your fame both now and hereafter, when things shall be recorded to posterity, and the remembrance, that not only the eyes of men and Angels are upon your Lordship's carriage, but also that the Lord Jesus is a secret witness now to observe, and shall be an open Judge hereafter to reward and confess every man before his Father, that confesseth him before men: All of these and each of them, besides your Lordship's personal and particular obligations to God, do call for no less at your Lordship's hands, in the cause of so great and singular necessity; and we also do expect so much at this time, according as your Lordship at the hour of death would be free of the terror of God, and be refreshed with the comfortable remembrance of a word spoken in season for Christ Jesus, King of Kings and Lord of Lords. OUr Commissioner in the mean time resolved to publish Our gracious Declaration, for relieving of their grievances, and satisfying Our people in Our forwardness for the maintenance of the Religion professed in that Kingdom, and Our averseness from Popery, which they of the Covenanters Table having notice of, being above all things afraid that Our people should receive any satisfaction from Us, or rest contented with the grace of Our reasonable proffers of favour, did mightily repine at, came to Our Commissioner, and wished him for Our honour, his own safety, and peace of the public, not to make any such Declaration, which undoubtedly would be encountered with a Protestation, and that in such manner as would be displeasing to him, and make the publishing of that Declaration be found disserviceable unto Us. Our Commissioner being perplexed with these unexpected and dangerous difficulties, resolved by fair proceedings to gain so much time, until he might make Us acquainted with them, and receive Our answer and instructions concerning them: In his Letters of advice he acquainted Us with the danger threatened if he should publish Our Declaration, which though he knew to be full of grace, yet the heads of the Covenant would never suffer the multitude of their members to understand it so: Two things he desired of Us; One, that in case We continued in Our resolution of publishing Our Declaration, We would be pleased to sweeten it with this further favour, as to restore to the city of Edinburgh the sitting of Our Council, Our Session, and all other Courts of Justice, which he conceived would be very acceptable to Our Councillors, Judges, to all Advocates, and all dependants upon the Law, to all Our subjects which had business depending in any of these Courts, but most of all to the city of Edinburgh, which complained much of their being impoverished by absence of these Courts, and that this was like to prove a most probable persuasion for reclaiming them to their former obedience: Next, that We would be pleased to give him leave to take a journey unto Us, though he should return presently, that he might acquaint Us with the new emergencies of businesses, and such other things as could not be conveniently expressed in Letters, and so accordingly receive instructions from Us for his carriage. To which Letters of advice We did return by a speedy dispatch this answer; That We would have Our Declaration no longer delayed, but commanded him presently to publish it, because We would not (whatsoever the event should be) have Our people barred the knowledge of Our Gracious intentions and favours towards them, which We did see the leaders of them studied nothing more than to suppress; And that at his entreaty, We were contented that all the Courts of Justice should presently begin to sit again at Edinburgh for the reasons contained in his Letters, and in hope of reclaiming of that City, which otherwise by their misdemeanour had no reason to expect any such favour from Us; And withal, after the dispatch of these two, that We were contented he should repair to Us, as he desired, whensoever he should find it convenient, taking first order with Our Council for keeping all things in order until his return. This answer of Ours so soon as Our Commissioner received, he assembled Our Council, and made them acquainted with it, who were so well satisfied with the bringing back of Our Courts of Justice to Edinburgh, that presently they sent unto Us a Letter of thanks of this tenor. Most Sacred Sovereign, THe marquis of Hamiltoun, your Majesty's Commissioner, having imparted unto us your Majesty's gracious pleasure and allowance that the Judicatories of the Council, of Session, and others, should be returned to the City of Edinburgh; Thereupon, the Lord Commissioner being present, order was given for publication at the Market Cross of Edinburgh with all solemnities requisite; and that the like publication should be made throughout the whole Kingdom at all public places: This hath given so great contentment to all your Majesty's subjects, that we cannot express with what dutiful respect and hearty prayers for your Majesty they have embraced this great and undeserved favour: In consideration whereof we conceive ourselves bound in duty to acquaint your Majesty herewith; and withal to render to your Majesty most humble and hearty thanks for this so great grace and goodness, which we hope shall contribute to the good of your Majesty's service, and to establishing the peace of the Country, for the which we all▪ your Majesty's good subjects shall ever be most thankful, and all in duty bound to pray for your Majesty's long and happy Reign. Holy-rood-house July 2. 1638. Subscribitur Traquaire Roxbrugh Mar Morton Winton Lithgow Wigtonne Kingorne Hadinton Lauderdaile Kinoul Southesk Lorne Naper Dalyell Ihay Ja: Carmithaell Thomas Hop John Hamilton ANd accordingly Our Commissioner caused Proclamation to be made at the Cross of Edinburgh, for the first sitting down of the Session there, the Tuesday following, being the third of July 1638. which was received with such joy by the Judges, Advocates, and all others having relation to the College of Justice, but above all by the Magistrates and Citizens of Edinburgh, that Our Commissioner and Council did then well hope all men's minds had been well prepared to receive the Declaration of Our Grace and favour which was to be published in the next Proclamation, with an humble and thankful acknowledgement; which undoubtedly they had done, if they had not been not only diverted, but perverted by those men who interpreted every satisfaction of Our subjects received from Us, to be a dividing and pulling them away from themselves: And therefore they quickly cast about to find out some means, how this Our special favour might not be resented by them, which was this: They assured their followers that there were two of the Lords of Our Session, viz. Sir Robert Spotswood Precedent of the same, and Sir John Hay Our Clerk of Register (answerable to the Master of the Rolls here in England) sworn enemies to their Covenant, well affected to Episcopal government, procurers and abettors of the pretended Innovations, that unless these two were presently removed from Our Session, there could be no good intended to them by the bringing of it back to Edinburgh, and therefore advised them to send some of their number to Our Commissioner to desire that these two Our Judges might presently be removed from that Court; Not that they who put this in their heads, thought that Our Commissioner could yield to a request of so high injustice, but because they knew, that he neither could nor would yield unto it, and that therefore by his denial they should have means to irritate Our people, even to a disgust of that Our Gracious favour, which the day before they had so well relished. But yet according to their resolution, some of the principal Covenanters of all sorts sent from their Table, had the boldness to repair to Our Commissioner, and to demand of him that which they were sure no just nor honest man could grant, viz. That they could clearly prove bribery and corruptions frequently to have been used by these Our two Judges, and therefore entreated him to remove them presently from their places of judicatory, after which they would intend process, and so legally proceed in the probation of these crimes objected against them: To which their demand Our Commissioner returned this just and modest answer, That sure they could not expect that he either could or should condescend to this their desire, which yielded unto, did overthrow the very foundation and main rule of Justice, viz. That any man should be punished for any crime before he were legally convicted of it, and therefore he advised them to follow the constant course of justice, which was this; If they thought these Judges clearly convincible of these horrible crimes, they should intend first process against them, and then probation of the crimes; of which if they were found guilty, than they needed not doubt but they should be removed from their places, and receive such further condign punishment as the Laws of the Kingdom had provided for such notorious criminals; assuring them, that We his Master would be so far from hindering the course of Justice against any such offenders, as that We would hold it a special service done to Us, to bring the iniquity of Our Judges to public trial and censure, and that he would make Us acquainted with their demands: with which just answer they were resolved to be so unsatisfied, that they replied unto him, that this his denial would be attended with a great inconvenience to all Our subjects, for they would in that case of denial make and publish a Protestation, that whatsoever Act, Decree, or Order, the Lords of Our Session should make in any cause at which these two Judges, or either of them, were present and gave voice, should be null and void in Law; and that none of Our subjects either should be bound or would yield obedience to them: (Was not this a strange usurpation upon Regal power?) To this Our Commissioner only added, That every such Protestation must be made before the Lords of the Session, who had the power of admitting or repelling it, and therefore for that point he remitted them to these Lords as the competent Judges of it; which answer of Our Commissioner they presently laboured to have misconstrued by their party, telling them that there was no hope of any Justice to be had against any man who was an enemy to them and their Covenant. At the day appointed by the Proclamation, the Session sat down, and Our Commissioner in his own person went to the place, and opened it, with a short speech to the Judges, to this purpose. THat he was warranted from Us to recall the Session again to Edinburgh; That the chief thing that had moved Us thereunto, was the sense of the many incommodities which Our subjects in general, and the Judges in particular did sustain by the removing of it; That We had required him to desire and command the Judges to grant all reasonable dispatch to Our subjects in the administration of Justice, that so some time which was lost might be regained; That in Our name he required them to be very careful and circumspect, that in these troublesome times no Order nor Decree might pass from them, which might be prejudicial to Our Crown or service. Our Judges hereupon returned to Our Commissioner their humble and hearty expressions of all thankful acknowledgement, for this Our singular favour and grace to themselves and all Our subjects, and with great submission entreated him to return unto Us their humble and hearty acknowledgement. And here now We desire the Reader to observe, that the Covenanters neither made any such Protestation against the sitting of the two Judges, as they talked of, nor did ever intend any process or probation against them for the crimes objected, though Our Commissioner immediately after his return from Us, assured them, that We not only had given them leave, but would thank them for so doing; which We are confident they would have done if they had conceived these Judges guilty, and giveth to Us good assurance that this calumny against these Judges, was only cast in by some of their ringleaders, to mar and interrupt that resentment of Our grace and favour, which they perceived wrought very much upon many of Our subjects of their party, for bringing back again Our Courts of Justice to Our city of Edinburgh. The Session thus settled, Our Commissioner resolved to publish by Proclamation the Declaration of Our grace and favour: The principal Covenanters, when they could not dissuade him from it, presently went about, and both by themselves and their seditious Preachers, filled their followers minds with such fearful expectations of it, that some days before it was published▪ they filled the streets with multitudes of people, especially near the Cross where it was to be proclaimed, and those in hostile equipage divided into ranks, pulling their swords out of their belts, and with pistols, being arms prohibited by Our laws of that Kingdom, giving out, that if this Our Declaration were harkened unto, it would bring undoubted ruin to their Religion, laws and liberties, though the people knew nothing of what was to be delivered in Our Declaration: Some days they continued in this posture, which made Our Commissioner delay the publishing of it, until he might hear of more quietness and peace in the streets; of which being advertised, he caused the Proclamation of Our grace and favour solemnly to be made at the Cross of Edinburgh: No sooner were the trumpets sounded, but there came to the Cross a mighty confluxe of people, the Covenanters had presently a scaffold erected, on which they mounted with a Protestation ready written in their hands, before Our Proclamation was pronounced: Our Proclamation was thus. CHARLES' by the grace of God, King of Scotland, England, France and Ireland, Defender of the Faith. To our Lovits Heralds Messengers, our Sheriffs in that part, conjunctly and severally specially constitute greeting. Forsameikle as We are not ignorant of the great disorders, which have happened of late within this Our ancient Kingdom of Scotland, occasioned, as is pretended, upon the introduction of the Service Book, Book of Canons, and High Commission, thereby fearing innovation of Religion and Laws. For satisfaction of which fears, We well hoped, that the two Proclamations of the eleventh of December, and nineteenth of February, had been abundantly sufficient: Nevertheless, finding that disorders have daily so increased, that a powerful rather then persuasive way, might have been justly expected from Us; Yet We out of Our innative indulgence to Our people, grieving to see them run themselves so headlong into ruin, are graciously pleased to try, if by a fair way We can reclaim them from their faults, rather than to let them perish in the same. And therefore once for all We have thought fit to declare, and hereby to assure all Our good people, that We neither were, are, nor by the Grace of God ever shall be stained with Popish superstition: But by the contrary, are resolved to maintain the true Protestant Christian Religion already professed within this Our ancient Kingdom. And for farther clearing of scruples, We do hereby assure all men, that We will neither now nor hereafter press the practice of the foresaid Canons and Service Book, nor any thing of that nature, but in such a fair and legal way, as shall satisfy all Our loving subjects, that We neither intent innovation in Religion or Laws. And to this effect have given order to discharge all Acts of Council made thereanent. And for the high Commission, We shall so rectify it with the help of advice of Our privy Council, that it shall never impugn the Laws, nor be a just grievance to Our loyal subjects. And what is farther fitting to be agitate in general Assemblies and Parliament, for the good and peace of the Kirk, and peaceable government of the same, in establishing of the Religion presently professed, shall likewise be taken into Our Royal consideration, in a free Assembly and Parliament, which shall be indicted and called with Our best conveniency. And We hereby take God to witness, that Our true meaning and intention is, not to admit of any innovations either in Religion or Laws, but carefully to maintain the purity of Religion already professed and established, and no ways to suffer Our Laws to be infringed. And although We cannot be ignorant, that there may be some dis-affected persons who will strive to possess the hearts of Our good subjects, that this Our gracious declaration is not to be regarded; Yet We do expect that the behaviour of all Our good and loyal subjects will be such, as may give testimony of their obedience, and how sensible they are of Our grace and favour, that thus passeth over their misdemeanours, and by their future carriage make appear, that it was only fear of innovation, that hath caused the disorders which have happened of late within this Our ancient Kingdom. And are confident, that they will not suffer themselves to be seduced and misled, to misconstrue Us or Our actions, but rest heartily satisfied with Our pious and real intentions, for maintenance of the true Religion and Laws of this Kingdom. Wherefore We require and heartily wish all Our good people carefully to advert to these dangerous suggestions, and not to permit themselves, blindly under pretext of Religion, to be led in disobedience, and draw on infinitely, to Our grief, their own ruin, which We have, and still shall strive to save them from, so long as We see not royal Authority shaken off. And most unwillingly shall make use of that power which God hath endued Us with, for reclaiming of disobedient people. OUR WILL is herefore, and We charge you straightly and command, that incontinent these Our Letters seen, you pass to the market cross of Our Burgh of Edinburgh, and all other places needful, and there by open Proclamation make publication hereof to all and sundry Our good subjects, where through none pretend ignorance of the same. The which to do, We commit to you conjunctly and severally Our full power, by these Our Letters, delivering the same by you duly execute and endorsed again to the Bearer. Given at Our Court of Greenwich the twenty eight day of June, and of Our Reign the thirteenth year. 1638. Per Regem. NO sooner was it ended, but this their ensuing Protestation against it begun, and was publicly read; which here, according to their printed Copy, We have caused to be reprinted. The Protestation of the Noblemen, Barons, Gentlemen, Burrows, Ministers and Commons, etc. We Noblemen, Barons, Gentlemen, Burgesses, Ministers, and Commons, That whereas we the King's Majesties true and loyal Subjects, who have ever esteemed it our greatest happiness to live under a religious and righteous King, and our greatest glory to testify our best affections to our gracious Sovereign, have been in His Majesty's absence from this His native Kingdom heavily pressed for a long time past, And especially of late, with divers innovations, which both in themselves, and in the way wherein they have been urged, do manifestly tend to the prejudice of the King's honour, and of our Religion, Laws and Liberties, And by which we were brought to such extremity, that there was no way left betwixt the rock of excommunication, and the high pain of rebellion on the one part, and the desperate danger of forsaking the way of true Religion and the breach of our Covenant with God on the other, but to represent our case, and present our supplications to the Lords of secret Council, that being equally pondered by them, they might either be answered by themselves, or by their recommendation might ascend to his Majesties own consideration: And therefore in all humble manner we did to this effect supplicate their Lordsh: we were most willing (for the modest following of our supplications) to obey their direction in choosing Commissioners for the great number of supplicants, who flocked together from all quarters of the Kingdom; were careful to order ourselves in all Christian and quiet carriage, and against the tediousness of many and long delays did wait for a long time with very great patience, till at last they were pleased to receive our supplications, complaints and bills: And conceiving them to contain weightier matters than could by themselves be determined, they did promise and undertake to represent and recommend the same, according to their more than ordinary importance, unto his Majesty's Royal consideration, and to report his Majesty's answer. While his Majesty's good Subjects of all ranks, throughout the whole Kingdom, had their minds wakened, and their hearts filled with the expectation of a gracious and satisfactory answer, worthy of his Majesty's pious and equitable disposition, in the Month of February last, incontinent a rumour flieth through the Country, and filleth all ears, That the Lords of his Majesty's secret Council were commanded to make such a Proclamation concerning the Service book, book of Canons, and the peaceable meetings of his Majesty's good Subjects in time coming, as we were persuaded to have been procured by the secret working, and malignant misinformation of our adversaries, Seeking for their own private ends, without respect to his Majesty's honour, and welfare of this Kirk and Kingdom, to stop the course of our legal proceedings, and to escape their own due censure: And therefore intending to make known to the Lords of secret Council what was noised concerning the Proclamation; how far the whole Kingdom had been by some sinistrous misinformation frustrate of their hopes, and their constant desire to have some course taken by their Lordsh: advice; how his Majesty being further informed, might deliver his good subjects from so great grievances and fears, and establish a sure peace in this Country for time to come; we found ourselves tied by order of Law to decline those against whom we had made our complaint, unless we would admit our parties to be our Judges: And in case our Declinator should not be accepted, we behoved to protest, that we might have immediate recourse to the King himself, etc. Thereafter in the Month of March, finding that by the foresaid Proclamation the innovations supplicated against were approven, our lawful proceedings condemned, our most necessary meetings prohibited, there being no other way left unto us, we were necessitate to renew the national Covenant of this Kirk and Kingdom, thereby to reconcile us to God, provoked to wrath against us, by the breach of his Covenant within this Land, to clear our Sovereign's mind from all jealousies and suspicions, arising from our adversaries misinformation of our intentions and carriage; and so to make way for his acceptance of our humble supplications, and grant of their lawful remedies, to guard this Land in defence of Religion, authority and liberty against inward divisions, and external violences. And that our actions might be answerable to our holy profession, we afterward drew up an humble supplication, containing our grievances, and desires of the ordinary remedies thereof, to have been delivered to the King himself: In the mean time we were directed by those, who were entrusted by his Majesty, to attend his Declaration here in Scotland, which would free us of all fears of innovations of Religion, and prove satisfactory: And lest for want of true information of our just grievances and desires it should fall out otherwise, we expressed to them, with the greatest modesty we could, our desires in some few Articles, and with great patience have attended his Majesty's pleasure thereanent: And all this Month bygone being frequently convened to hear the same delivered by his Majesty's Commissioner the right Noble and potent Lord James marquis of Hamiltoun, etc. we presented a new petition to his Grace as his Majesty's Commissioner, craving most humbly the indiction of a free Assembly and Parliament, as the only remedies thereof: Like as finding a misinformation, or mistake of our Covenant with God, as if it had been an unlawful combination to be the main hindrance of obtaining our desires, in a new supplication; we have fully removed that impediment, renewed our desires of those supreme judicatories, to be indicted with diligence, for settling of the Kirke and Kingdom: But being answered only with delays after these nine Month's attendance, and with this Proclamation that contained his Majesty's gracious declaration of his pious intentions, not to admit of any innovations in Religion or Law, nor any stain of Popish superstition, But on the contrary to be resolved to maintain the true Christian Religion professed in this Kingdom; which we were ever so far from calling in question, as in our supplicatications, complaints, and bills we used the same as one cause of our desires, one ground of our confidence of a gracious answer, and argument of our adversaries malignant misinformation of so religious a King▪ And now most humbly (with bended knees and bowed hearts) thank our gracious Sovereign for the same, Wishing and praying the Lord of heaven, truly and fully to inform his Majesty how far these books, judicatories, and all our other evils and grievances are full of idolatrous superstitions, and Popish errors, How destructive of the reformation of Religion in this Land, and of the Laws and Liberties of this Church and Kingdom, and so directly contrary to this his Majesty's pious intention and Declaration. Yet seeing that no Proclamation could sufficiently remove the present evils, nor settle our fears, nor secure us from the reentry of any evil or Innovation, which it seemed to discharge or prevent the like in time coming, nor satisfy our humble supplications, craving the present indiction of a free Assembly and Parliament, as the only remedies of our evils, and means to prevent the like: And seeing this Proclamation doth not so much as make mention, or acknowledge any of our supplications, complaints and grievances, or any just cause thereof, except under the name of great increase of disorders, faults, and misdemeanours, but only our fears of some future Innovation of Religion or Laws, occasioned only (as is pretended) by the introduction of the Service book, book of Canons, and High Commission; which fears his Majesty hoped to have been abundantly and sufficiently satisfied by his two former Proclamations of the ninth of December, and ninteenth of February. And by this his present Declaration, except his subjects be blindly (under pretext of Religion) led unto disobedience, Doth mis-ken, pass over, and so in effect deny all our supplications, bills, articles, and desires, especially our complaints against the Prelates our parties. And, that once for all, in a fair and persuasive way, even after the resaite of our last supplication, clearing us from the calumny of unlawful combination; Doth not disallow nor discharge any of the innovations, and evils complained upon, but only assureth that his Majesty will not press their practice, but in such a fair and legal way, as shall satisfy his subjects of his intention; which (joined with the other clause, allowing and confirming the Proclamation the nineteenth of February) evidenceth the liberty left to any Prelate or persons to practise the same, and by all other fair ways to persuade others thereunto; and his Majesty's resolution to press their practice in a fair and legal way: And also confirmeth the former Declaration, that the Service Book is a ready mean to maintain the true Religion already professed, and to beat out all Superstition, and no ways to be contrary to the Laws of this Kingdom, but to be compiled and approved for the universal use and edification of all his Majesty's subjects; Doth not abolish, but promiseth to rectify the High Commission, with advice of his privy Council, implying the King's power, with consent of the Council, to establish this or any judicatory within this Kingdom, without consent of the three Estates convened in Parliament, contrary to the fundamental and express Laws thereof; and by consequent with the like reason, to establish Laws and Service books, without consent of the Assembly and Parliament; Which is contrary to the main ground of all our supplications, against the manner of their introduction; Doth only promise to take into his consideration in an Assembly and Parliament, which shall be called at his best convenience, while as the evident and urgent necessity, for settling the combustions, threatening the total dissolution and desolation of this Church and State, excuseth our uncessant and importune calling for these present remedies; Doth insinuate the continuance and execution of any pretended Laws for these innovations of worship, and corruptions of Church government, and civil places of Churchmen, which by our Covenant, we have obliged ourselves to forbear, and the re-establishment of these evils in an Assembly and Parliament, which he will call in his best convenience, to wit, for that and this other end of satisfying his subjects judgements anent the Service Book and Book of Canons; Doth condemn all our former proceedings, even our supplicating, complaining, protesting, subscribing of our Covenant together, and our continual meetings, as great disorders, increase of disorders, deserving justly a powerful rather than a persuasive way, a running headlong into ruin, a perishing in our faults, a blind disobedience under pretext of Religion, and doth threaten & denounce, Now once for all, If we be not heartily satisfied, and give testimony of our obedience after this Declaration, but continue, as by our former proceedings, to draw on our own ruin, that, albeit unwillingly, he must make use of that power which God hath endued him with, for reclaiming of so disobedient people. THerefore we, in our own name, and in name of all who will adhere to the Confession of Faith, and reformation of Religion within this Land, are forced and compelled, out of our bond duty to God, our King, native Country, ourselves and our posterity. (lest our silence should be prejudicial to so important a cause, as concerns God's glory and worship, our Religion and salvation, the Laws and Liberties of this Church and Kingdom, or derogatory to our former supplications, complaints, protestations, Articles and proceedings, or unanswerable to the solemn oath of our nation covenant with God) To declare before God and man, and to protest, Primo, That we do, and will constantly adhere, according to our vocation and power, to the said Reformation, in doctrine, use of Sacraments, and discipline; And that notwithstanding of any innovations introduced therein, either of old or of late. Secundo, we potest, That we adhere to the grievances, supplications, and protestations given in at Assemblies and Parliaments, and to our late supplications, complaints, protestations, and other lawful proceedings against the same, and particularly against the Service book, and book of Canons, as main innovations of Religion and Laws, and full of Popish superstition, and so directly contrary to the King's Declaration, And against the High Commission, as a judicatory established contrary to the Laws and Liberties of this Church and Kingdom, and destructive of other lawful judicatories, which both in respect of the nature of it, and manner of introduction, without consent of the three Estates of Parliament, cannot be any ways rectified, but absolutely discharged: Tertio, we protest, That we adhere with our hearts to our Oath and subscription of the Confession of Faith, the solemn Covenant between God, this Church and Kingdom, and the clauses particularly therein expressed and generally contained, and to our last Articles for the peace of this Kirke and Kingdom, drawn out of it, and to all the matters therein contained, and manner of remedy therein desired. Quarto, We protest, that this Proclamation or act of Council, or any other act, or Proclamation, or Declaration, or ratification thereof, By subscription, or act, or letter, or any other manner of way whatsoever, or any precondemnation of our cause or carriage, before the same be lawfully heard and tried in the supreme judicatories of this Kirk and Kingdom, the only proper judges to national causes and proceedings, or any certification or threatening therein denounced, shall no ways be prejudicial to the Confession of Faith, laws, and liberties of this Kingdom, nor to our supplications, complaints, protestations, articles, lawful meetings, proceedings, pursuits, mutual defences, nor to our persons and Estates, and shall no ways be disgraceful either in reality or opinion, at home or abroad, to us or any of us: But on the contrary, that any act, or letter, or subscription of the Council, carrying the approbation of the declaration, and condemnation of our proceedings, indicta causa, is and aught to be repute & esteemed unjust, illegal & null, as here before God and man we offer to clear, & to verify both the justice of our cause and carriage, and the injustice of such acts against us, in the face of the first general Assembly of the Church & Parliament of the Estates, unto whom with all solemnities requisite, we do publicly appeal. Quinto, We protest, that seeing our former supplications, last Articles, & our last desire and petition to his Majesty's Commissioner, which petitioned for the present indiction of a free general Assembly & Parliament, according to the law and custom of all nations, & of this nation in the like case, to hear the desires, ease the grievances, & settle the fears of the body of the Church & Kingdom, are thus delayed, & in effect refused, to wit, Once for all, till his Majesty's conveniency for the end contained in this Proclamation, that We continue by their presents to supplicate his Majesty again and again, for the granting of the same: And whatsoever trouble or inconvenience fall out in this land in the mean time, for want of these ordinary remedies, and by the practice of any of these innovations & evils, contrary to our supplications, articles, & confession, it be not imputed unto us, who most humbly beg these lawful remedies, but also that it is, & shall be lawful unto us, to defend and maintain the Religion, laws and liberties of this Kingdom, the King's Authority in defence thereof, & every one of us one another in that cause, of maintaining the Religion, and the King's foresaid Authority, according to our power, vocation and Covenant, with our best counsel, bodies, lives, means, & whole strength, against all persons whatsoever, & against all external or internal invasions menaced in this Proclamation. Like as that in the great exigency of the Church, necessitating the use of this ordinary and lawful remedies, for settling the commotions thereof, it is and shall be leasome unto us to appoint, hold and use the ordinary means, our lawful meetings and Assemblies of the Church agreeble to the Law of God, and practice of the primitive Church, the Acts of the general Assemblies, and Parliaments, and the example of our Worthy Reformers in the like case. Sexto, We protest, that our former Supplications, Complaints, Protestations, Confessions, meetings, proceedings and mutual defences of every one another in this cause, as they are, and were in themselves most necessary, and orderly means agreeable to the laws & practice of this Church and Kingdom, to be commended as real duties of faithful Christians, loyal Subjects, and sensible members of the body of the Church and Kingdom, and no wise to be styled nor accounted great disorders, misdemeanours, blind disobedience under pretext of Religion, and running headlong into ruin, etc. So they proceeded only from conscience of our duty to God, our King, native Country, and our posterity, and doth tend to no other end, but to the preservation of the true reformed Religion, the confession of Faith, Laws, and Liberties of this His Majesty's most ancient Kingdom, and of His Majesty's authority in defence thereof, and satisfaction of our humble desires, contained in our Supplications, complaints and articles, unto the which we adhere again and again, as we would eschew the curse of the Almighty God, following the breach of his Covenant: And yet we do certainly expect, according to the King's Majesty his accustomed goodness and justice, that His sacred Majesty after a true information of the justice of our cause and carriage, will presently indict these ordinary remedies of a free Assembly and Parliament, to our just Supplications, complaints, and articles, which may be expected, and useth to be granted from so just and gracious a King, towards most loyal and dutiful Subjects, calling for redress of so pressing grievances, and praying heartily that His Majesty may long and prosperously reign over us. WHereupon a Noble Earl, John Earl of Cassles, etc. in name of the Noblemen, M. Alexander Gibson younger of Dury in name of the Barons, James Fletcher Provost of Dundy in name of the Borrows, M. John Ker Minister at Salt-Prestoun in name of the Ministers, and Master Archbald Johnston, Reader hereof, in name of all who adheres to the Confession of Faith and Covenant lately renewed within this Kingdom, took Instruments in the hands of three Notars present, at the said mercat Cross of Edinburgh, being environed with great numbers of the foresaid Noblemen, Barons, Gentlemen, Borrows, Ministers and Commons, before many hundred witnesses, and craved the extract thereof: And in token of their dutiful respect to his Majesty, confidence of the equity of their cause, and innocence of their carriage, and hope of his Majesty's gracious acceptance, they offered in all humility, with submiss reverence, a Copy thereof to the Herald. NOw We must appeal to the judgement of the world, whether there was any thing in this Our Proclamation which deserved such an undutiful and rebellious Protestation, or the seditious clamours, which both at their private and public meetings, especially in their Pulpits, were made against it. This Protestation needeth no answer; for after the first part of it, which is nothing but a repetition of that which they have so often said, there is nothing but a number of falsities heaped up together, as the Reader may easily perceive: For whereas they allege, That they have removed the impediment which caused their Covenant to be mistaken, as if it had been an unlawful combination; We suppose that thereby they mean that which they tendered to Our Commissioner, and called it by the name of an explication of their Covenant; which explication was so far from giving unto Us any satisfaction, that both to Us and all reasonable men it must needs appear to be a stronger confirmation of their unlawful combination: For whereas they refused to except Us out of the number of those persons against whom their band of mutual maintenance is intended, it plainly demonstrateth, that in their intentions We are the person chiefly aimed at. In some few lines after this, they profess that they never so much as called in question Our resolution to maintain the Religion professed in that kingdom, and Our care for not admitting any Innovations in Religion, or any stain of Popish superstition: Now We do appeal even to their own consciences, whether in their private meetings, nay even in their public assemblies and Sermons, they have not endeavoured to settle in Our good subjects minds opinions, fears, and jealousies, quite contrary to these their printed asseverations. In the last part they ground their Protestation upon no grounds but such as these: That they will continue together, because they have obliged themselves by oath so to do, and because they will and are resolved to adhere constantly to what they have done, and because they offer to clear themselves before a general Assembly and Parliament, where they themselves make account to be Judges. Now these and such like false and weak grounds it is very unnecessary to confute, the rehearsal of them being upon the first view, their sufficient conviction. After all these, they end their Protestation with two very unsavoury conclusions: The first is, that if We will not allow of their proceedings, they themselves will call a General Assembly, which shall be sure to allow of them. A notable piece of hypocrisy and disloyalty together, to be suitors to Us for that which they (as they say) both may do and are resolved to do without Our leave: The second is, they protest, that, notwithstanding any thing which We do or shall say to the contrary, all their proceedings are in themselves most necessary, and orderly means, agreeable to the Laws and practice of that Church and Kingdom, to be commended as real duties of faithful Christians, loyal subjects, and sensible members of the body of that Church and Kingdom, and no way to be styled or accounted great disorders, misdemeanours, blind disobedience, under pretext of Religion, and running headlong into ruin: All which words are multiplied, only to make up a very unmannerly contradiction to the very words of Our Proclamation. Our Commissioner seeing, not that he was not able to give, but that they were resolute not to receive any satisfaction by what was offered, and that the most that they could be brought to, was that which they called an explication of their Covenant, but indeed was none; for they would never yield that these words, whereby in their Covenant they bound themselves in a mutual defence against all persons whatsoever, should admit this interpretation (Except the King:) He told them plainly, that since his Instructions were out, he could proceed no further with them without new conference with, and Instructions from Us; and therefore he resolved a speedy journey to Us, to inform Us of what had passed, and make Us acquainted with that explication of their Covenant which they had given him, though as it had given no satisfaction to himself, so he was sure it would give none to Us: In the mean time, he entreated them to behave themselves more quietly and peaceably than they had done, until Our pleasure were further known. That pretended explication of their Covenant was conceived by way of Petition, and was this. To His Majesty's Commissioner: The supplication of the Noblemen, Barons, Burgesses, Ministers and Commons here attending His Majesty's gracious answer of our former petitions, complaints, and desires, Humbly showing, THat whereas we expecting from your Grace, as His Majesty's Commissioner, a gracious answer of our former supplications, complaints and just desires, have presented to your Grace a petition, humbly craving a free general Assembly and Parliament, as the ordinary remedy of our grievances, and the only mean to put this Kirk and Kingdom to quietness, It pleased your Grace to show, that His Majesty, from His princely care of this Kirk and Kingdom, would be most willing to indict a free general Assembly, and call a Parliament for those good ends, but that your Grace, as His Majesty's Commissioner, hath conceived the Confession of faith, and Covenant lately renewed by us His Majesty's subjects, to be an unlawful combination against Authority; thereby to cast off our dutiful obedience, and not a Covenant for maintaining of true Religion, of His Majesty's Person and Authority, and of the Laws and Liberties of the Kingdom. And we being most willing to remove that, as the main hindrance of the obtaining of our desires; Therefore, and for clearing of our loyalty, and vindicating ourselves from so great an imputation, We do now in all humility remonstrate to your Grace, as His Majesty's Commissioner, and declare before God and men, that we are heartily grieved and sorry, that any good man, but most of all that our dread Sovereign should so conceive of our doing: And that we were, and still are so fa●re from any thought of withdrawing ourselves from our dutiful subjection, and obedience to His Majesty's government, which by the descent, and under the reign of 107 Kings, is most cheerfully acknowledged by us and our predecessors, that we never had, nor have any intention or desire to attempt any thing that may turn to the dishonour of God, or diminution of the King's greatness and authority. But on the contrary, we acknowledging our quietness, stability and happiness to depend upon the safety of the King's Majesty, as upon God's Vicegerent set over us for maintenance of Religion, and ministration of Justice, have solemnly sworn, not only our mutual concurrence and assistance for the cause of Religion, but also to the uttermost of our power, with our means and lives, to stand to the defence of our dread Sovereign the King's Majesty, His Person and Authority, in the preservation and defence of the true Religion, Liberties and Laws of the Kingdom. And therefore, we His Majesty's loyal subjects, free from that and all other imputations of that kind, most humbly beseech your Grace to esteem that our Confession of Faith and Covenant, to have been intended, and to be the largest testimony of our fidelity to God, and loyalty to our King: And that hindrance being removed, must still supplicate that your Grace would be pleased to indict a free general Assembly and Parliament, which will undoubtedly redress all our evils, settle the peace of the Kirk and Kingdom, and procure that cheerfulness of obedience which ought to be rendered to His Majesty, carrying with it the offer of our fortunes, and best endeavours for His Majesty's honour and happiness, as a real testimony of our thankfulness, and our hearty prayers to God that His Majesty may long and prosperously reign over us. NOw, doth this Petition deserve the name of an explication of their Covenant? much less of such an explication as should give either Us or Our Commissioner any satisfaction? No, for it containeth neither more nor less than this, that they do not mean to shake off their obedience, if We will give way to all their courses, which by this Petition they justify; so that their meaning is, that they will continue obedient subjects, if We will part from Our Sovereignty; which is in effect, that they will obey if We will suffer them to command. But where it was expected that to these words of their Covenant, whereby they bind themselves to mutual maintenance, against all persons whatsoever, should have been added, except the King and his successors, that was refused, though even that could have given no satisfaction, unless We should give way to that which diverse Acts of Parliament have made sedition, and punishable with death. Upon notice given by Our Commissioner of his intended departure, the debatements at their Table grew very hot and fiery upon this point, Whether they should presently indict a General Assembly, and fall upon the violent courses intended by them, or that they should grant some short time for his journey, his stay with Us, his return to them again, with Our final answer and last resolution; and in the mean time promise that they would behave themselves quietly and peaceably, and continue all things in statu quo until his return. This last was agreed unto, though not without much contrariety of voices, and so some of the principal Covenanters came and acquainted him with this their resolution, which was, That they would expect Our answer, and his return upon the fifth of August next at the furthest; until which time they would break up their great meeting, contain themselves and the people in quietness and peace; but if by that day he did either not return, or not bring with him from Us such an answer as they expected, than they would hold themselves free, and go on to prosecute the courses which they had resolved upon. And so Our Commissioner begun his journey towards Us. After Our Commissioner had at Greenwich made Us fully acquainted with all their insolences, We speedily dispatched him with new Instructions, and commanded him to return, so that he might be back in Scotland by the fifth of August, and gave him order for the indicting both of a General Assembly and a Parliament, but so, that he should first be fully satisfied, by all informations which he could conveniently receive, of the constitution of a General Assembly, with which perhaps many were not acquainted, none having been kept for diverse years: And therefore it did require good deliberation, to agree both upon the members of the Assembly (not for their persons but for their quality) and of what things were usually treated and handled there. No sooner was he returned into Scotland, but he found all things in much worse case, and in a far greater combustion than he left them: For he found that the heads of the faction (being afraid that he might bring back with him some satisfactory accommodation, which Our subjects might like well, but they themselves resolved to reject) had in the time of his absence assured their followers, that they might compass their ends by such means and upon such conditions as themselves desired: Nay, they proceeded so far, as to make the people believe what they knew to be most untrue, viz. That Our Commissioner was well satisfied with all their proceedings, and especially with their Covenant, in regard of the late explication they had made of it; and were so impudent as to use that inducement for an argument, whereby they persuaded many of all sorts, especially of the Ministers, who had formerly stood out against their Covenant, to enter into it, in this short time of his absence from them; And the three Ministers in their answers to the Queries of the Divines of Aberdene, had the boldness to print, that Our Commissioner rested satisfied with their Covenant, according to their explication of it: With which their notorious calumny he found himself so highly injured, in a point which so much concerned his loyalty to Us, and the trust reposed in him by Us, they he was enforced to call the Lords of Our Council, diverse others of Our Nobility, and some of the Lords Covenanters themselves, to give testimony of his frequent asseverations in their hearing, that as he himself was no way satisfied with that explication, so he was assured that We neither would nor could receive any satisfaction by it, only that he would present it to Us at their entreaty: And besides the attestation of so many witnesses, he was necessitated, both for clearing of himself to Us, and preventing the further increase of Covenanters, upon that false and groundless surmise, to print a Manifest and Declaration of his own clearness and their calumny. It is true that they printed a weak answer to that Manifest, in which they confess, that they never heard him say that he was satisfied with that Declaration, but that by some probable reasons (which are there expressed, and indeed are most improbable ones) they were induced to believe that he was satisfied with it, although that both to their new Proselytes, and in the Ministers printed answers, they had positively averred, that after he had received that explication he was fully satisfied with their Covenant: Which dealing of theirs gave occasion for many to think, that this false aspersion was put upon him, by those who ever laboured to strangle all hopes of reconciliation, only to raise in Us a distrustful jealousy of his service, that so he might be called back, and the people made believe that no relieving of their grievances was intended by Us. About the same time a great stir was raised in that Kingdom upon a very slender ground, which was this: There had been printed at Antwerp in several pieces▪ the pictures of the several stories of the Gospels, and Acts of the Apostles, after the manner as they are usually printed in the Romish Church; some Papists, and it may be others, had caused these several pieces to be bound in their Bibles, at the several chapters of those stories to which they did relate; they found such a Bible printed at Edinburgh, which being printed (as all Bible's are) by Our privilege, upon a sudden there were made most tragical complaints, that pictures and images were brought into their Bibles by Our authority, aggravated by the heads of that faction, especially the Ministers, with the imminent dangers of the present introduction of Popery, Superstition, & Idolatry, still to make the people averse from all hope of satisfaction; so that some did conceive, that these pictures might be bound in that Bible by some of themselves, merely to irritate the people, and continue them in their distance from returning to Our obedience: but so far with this particular we cannot charge them. Now, notwithstanding these new and daily emergent combustions, and their perpetual working of the people, both in their Pulpits and at their other meetings, to new insolences and greater heights of rage and fury, Our Commissioner resolved (as well as he could) to pass them over, and to enter into treaty with them for the preparative overtures of a General Assembly, because he did see that all these impediments and blocks were laid purposely in his way, that either he might stumble at them, or be so scared as to go back; for it was plainly perceived, that whensoever he made any proposition of peace, likely to take or please, they presently cast about how to dash it with some new violence and accident which should make it impossible, as did most evidently appear in this particular. Our Commissioner sent some of Our Council to confer with some of the principal Covenanters, concerning some necessary propositions fit to be resolved upon before the indicting of the Assembly▪ both concerning the members of which it was to be constituted, and concerning the matters to be treated of in it, (two consultations usually previous to that meeting, for the omission whereof in one Assembly of later times, they had so grievously complained, that in a Petition exhibited by the Ministers of their side, it was alleged for a nullity of that Assembly:) This message was received with so much choler and contempt, that they presently blazed it abroad amongst their followers, for a proposition tending utterly to the ruin of the Laws and liberties both of Church and Kingdom, that the harkening to any such overtures was an absolute prelimitation of that Assembly, which they intended should be free and general, that neither of the members of their Assembly, nor of the matters to be handled in it, they would speak so much as one word until they came upon the place, and were in the Assembly; that then and there the Assembly itself was to be the sole judge both of the competency of the members elected, of the regularity of their election, and of all matters treated of there, whether they were of their cognisance and jurisdiction or not, and likewise gave out, that they did not much care whether Our Commissioner would indict an Assembly or not: they would indeed like it better if it were indicted by Our authority, but if We, requested by them so to do, should refuse it, they both could and would do it of themselves: Then did their Pulpits again begin to ring with this monstrous proposition, as they called it, of the utter subversion of the liberties of their Church, by the prelimitation of their Assembly, as if this conference propounded by Our Commissioner concerning the orderly proceedings in that meeting, had been such a blow to their Church, as they could not fear a greater from Rome itself. And to make Our Commissioner believe that they were in good earnest, they had a little before caused the Presbytery of Peebles to begin with the election for their Commissioners to the General Assembly, being a place not above twenty miles distant from Edinburgh, so that they were sure it must speedily come to his knowledge: To this election all the Gentlemen within the compass of that Presbytery resorted, intruded themselves by violence, and in despite of the Ministers would give their voices to the choosing both of the Ministers and one layman to be Commissioners for that Presbytery at the next Assembly, whensoever, and wheresoever it should be kept, when as yet no Assembly was indicted. Our Commissioner weighing well these two things; First, that the principal Covenanters, Noblemen, Gentlemen, and Ministers, as he had occasion to speak with them severally, and upon several occasions, had protested unto him, that their meaning never was quite to abolish Episcopal government, but only to have it limited and restricted, according to the Laws of that Church and Kingdom, and that they might be accountable to, and censurable by the General Assembly, if they should transgress these limits; adding, that they had far rather live under that government, then under the tyranny of the Presbyeries, which they had heard their fathers so much complain of, and had given them charge to beware of; the like Protestations they having likewise made to diverse of Our Council, and others: And secondly, considering that he now found that they begun to speak more sparingly and reservedly in that point, and would not so much as treat of it before the Assembly, and that some of them had given out, that they had resolved upon a way to throw off that grievous burden of the Presbyteries, with the weight whereof their fathers were so much grieved, viz. by joining so many Laic Elders to every Presbytery as there should be Ministers in it, by which means the laity should be able to keep the Presbytery under, without the help of Bishops. Our Commissioner was now once again at a stand, not knowing how to proceed, as not being sufficiently warranted by Our instructions to indict a General Assembly or Parliament, unless he should first be satisfied by advice of them who understood the forms of Assemblies, what course was to be held, both for the members of that Assembly, and the manner of their election, and for a previous consultation of the principal things to be treated there; all which consultations the Covenanters did utterly reject: He therefore resolved once again to make a journey to Us, and acquaint Us with these new occurrences, since he found them daily increasing in their obstinacy, & so changed, as he was not able to make any judgement, either of their resolutions, or desires, or of what would give them satisfaction. And therefore Our Commissioner told them plainly, that he had no authority from Us to indict an Assembly, unless some particulars were agreed upon, both concerning the constitution of the Assembly, the present settling the peace of the Kingdom, and the righting and restoring to their places such Ministers as had been displaced without order of Law, who might again be displaced, if at the Assembly they were found to deserve it: The sum of Our demands he delivered to the chief Lords Covenanters in these ten Articles, which will be found by the reading of them to be very just and reasonable. THat all Ministers deposed or suspended by the Presbyteries since the first of February last, without warrant of the Ordinary, shall be restored to their own places, till such time as they shall be legally convicted. That all Moderators of Presbyteries, deposed since the foresaid day by the Presbyteries, without warrant of the Ordinary, be restored, and all Moderators appointed by the said Presbyteries without warrant foresaid, to desist from executing the office of Moderator. That all Ministers admitted by the Presbyteries since the foresaid day, without warrant from the Ordinary, shall desist from exercising the function of their ministry in that place to which they have been so presented and admitted. That all Parishioners shall frequent their own Churches, and hear their own Minister, and that the Elders assist the Minister in the Session, and other exercises of the discipline of the Church, as formerly they were used to do. That all Bishops and Ministers, have their rents and stipends duly and thankfully paid them. That all Ministers be appointed presently to repair to their own Churches, that none of them come to the Assembly, or to the place where the same shall be held, but such as shall be chosen Commissioners from the Presbyteries. That according to the Act of Assembly 1606. Moderators of Presbyteries being found necessary members of the Assembly, every one of the said Moderators be appointed to be Commissioner from that Presbytery where he is Moderator. That Bishops and other Ministers who shall attend the Assembly, may be secured in their persons from all trouble and molestation. That the Commissioners from Presbyteries, be chosen by the Ministers of that Presbytery only: And that no lay-person whatsoever, meddle in the choice, nor no Minister without his own Presbytery. That all Convocations and meetings be dissolved, and that every man repair to his own house, and that the Country not only be made peaceable, but also that all such Acts be forborn, as may make it appear to be otherways. And since his Majesty is still displeased with the Covenant, wisdom and our dutiful obedience to our Sovereign require, that some such course should be taken, whereby his Majesty may receive satisfaction therein; and in the mean time, that there be no pressing, threatening, or persuading of men to subscribe the Covenant, nor no mention be made thereof any more in Pulpits. To these (according to their usual manner) they would no way condescend, but returned to Our Commissioner these most unjust and unreasonable answers. Answers to the particulars propounded by his Majesty's Commissioner. HAving seriously considered with ourselves, that nothing in this world is so precious, and aught to be so dear unto us as our Religion, that the diseases of the Church after long toleration did threaten no less than her utter ruin, and the expiring of the truth of Religion at last, and that a free General Assembly was the ordinary remedy appointed by divine Authority, and blessed by divine providence in other Churches, and after a special manner in the Church of Scotland; we have often, and earnestly supplicated for the same, and have laboured to remove what was objected, or what we could conceive to be any hindrance to the obtaining of our desire, like as we have now for the same good end resolved to return this answer to the particulars propounded, to be performed by us before any Assembly be indicted. The particulars propounded, are either concerning matters Ecclesiastical, or Civil: Ecclesiastical, or Church matters are, The first, concerning Ministers deposed or suspended by the Presbyteries, since the first of February last, without warrant of the Ordinary, that they be restored to their own places. The second, concerning Moderators of Presbyteries deposed since the foresaid day, to be restored, and all Moderators appointed by the said Presbyteries without warrant aforesaid, to desist from executing the office of Moderator. The third, concerning Ministers admitted since the foresaid day, that they desist from exercising the function of the Ministry in that place, to which they have been admitted. These three particulars do concern the power, duty, and particular facts, or faults of Presbyteries, wherein we have no power to judge or determine, whether they have proceeded lawfully or not, far less can we urge or command them to recall what they have determined or done, in the suspending, deposing, or admitting of Ministers, or Moderators; they being properly subject to the superior Assemblies of the Church; and in this case and condition of the Church, to the General Assembly, where, if they shall not after trial justify their proceedings, from the good warrants of Scripture, reason, and the acts and praclices of the Church, they ought to sustain their own deserved censure. And since on the one side, there be many complaints against the Prelates for their usurpation over Presbyteries in the like particulars; and on the other side, there be such complaints of the doings and disorders of the Presbyteries, to the offence of the Prelates; we trust that his Majesty's Commissioner will not esteem this to be any hindrance of the indiction of a General Assembly, but rather a powerful and principal motive with speed to convene the same, as the proper judicatory wherein to determine such dangerous and universal differences of the Church. Neither do we hear that any Ministers are deposed, but only suspended, during this Interim till a General Assembly, for their erroneous doctrine and flagitious life; So that it were most * Is it not rather an offence to God, to thrust men out of their places before they be tried? offensive to God, disgraceful to Religion, and scandalous to the people, to restore them to their places till they be tried, and censured. And concerning Moderators, none of them (as we understand) are deposed, but some only changed, which is very ordinary in this Church. The fourth, concerning the repairing of Parishioners to their own Church, and that Elders assist the Ministers in the discipline of the Church, aught to be cognosced and judged by the particular Presbyteries, to which the Parishioners and Elders are subject, since the cause may be in the Ministers no less then in the Parishioners and Elders. And in case they find no redress there, to assent till they come to a General Assembly, the want whereof maketh disorders to be multiplied, both in Presbyteries and particular Parishes. To the sixth, That ministers wait upon their own Churches, and that none of them come to the Assembly, or place where the same is kept, but such as shall be chosen Commissioners from Presbyteries, we answer, That none are to come to the place of the Assembly, * And yet afterward, in their last instructions they enjoined the several Commissioners to bring Assessors with them, who were to have no voice in the Assembly. but such as are either allowed by Commission to have voice, or otherwise have such interest as they can justify to his Majesty's Commissioner, and the Assembly convened. To the seventh, Concerning the appointing of Moderators of Presbyteries to be Commissioners to the General Assembly, only constant Moderators, who have ceased long since, were found in the Assembly 1606. (which yet was never reputed by the Church to be a lawful national Assembly) to be necessary members of the General Assembly. And if both the Moderators, who if they be necessary members need not to be chosen, and the chosen Commissioners repair to the Assembly, the Assembly itself can judge best of the members whereof it ought to consist. To the ninth, That no lay-person whatsoever meddle with the choosing of Commissioners from the Presbyteries, and no Minister without his own Presbytery, we say, That according to the order of our Church discipline, none but Ministers, and Elders of Churches ought to have voice in choosing Commissioners from Presbyteries, and that no Minister, or Elder should have voice in Election, but in his own Presbytery. The rest of the particulars are concerning civil matters: As the fifth concerning the paying of Rents and Stipends to Ministers and Bishops, concerning which we can say no further, but that the laws are patent for them, as for his Majesties other subjects, and that the General Assembly ought not to be delayed upon any complaint in that kind. The eighth, requiring that Bishops, and Ministers be secured in their persons, we think so reasonable, that we will promise every one of us for our own parts, they shall suffer no violence from us, and that we shall hinder others so far as we may; And if any trouble them otherwise, or make them any kind of molestation in that attendance but by order of Law, the parties are justly punishable according to the degree of their fault as other subjects are. To the tenth, concerning the dissolving of all Convocations and meetings, and the peaceableness of the Country; These meetings being kept for no other end, but for consulting about lawful remedies against such pressing grievances as threaten the desolation of this Church and State, cannot be dissolved till the evils be removed. And * The contrary is most true. we trust, that nothing in these our meetings hath escaped us, which carrieth in it the smallest appearance of undutifulness, or which may seem to tend to the breach of the common peace: But although our adversaries have herein calumniated us, yet we have always so behaved ourselves, as beseemed his Majesty's most humble and loyal subjects, petitioning his Majesty for a legal redress of our just grievances. To the last, concerning the Covenant; the Commissioner his Grace having many times and most instantly pressed us with that point, we did first by * Our Commissioner never heard any argument to that purpose which could convince a child. invincible arguments make manifest, that we could not, without sinning against God, and our own consciences, and without doing wrong to this national Church, and all posterity, rescind or alter the same: And thereafter did at large clear the same of all unlawful combination against Authority, by our last Supplication and Declaration, which his Majesty's Commissioner * Our Commissioner never accepted of it, nor conceived it could give satisfaction to any. accepted, as the most ready and powerful of all other means, which could come within the compass of our thought to give his Majesty satisfaction, The subscription of this our confession of Faith, and Covenant being an act so evidently tending to the * It doth most evidently tend to the dishonour of God. glory of God, the King's honour, and happiness of the Kingdom: And having already proved so comfortable to us in the inward of our hearts, It is our ardent and constant desire, and ready wish, that both his Majesty and all his good subjects may be partakers of the same comfort, Like as we find ourselves bound by conscience, and by the Covenant itself, to persuade all his Majesty's good subjects to join with us for the good of Religion, his Majesty's honour, and the quietness of the Kingdom: which being modestly used by us without pressing, or threatening of the meanest, we hope shall never give his Majesty the least cause of discontent. Seeing therefore, according to our power and interest, we are most willing to remove all hindrances, that things may be carried in a peaceable manner, worthy our Profession, and Covenant, do aim at nothing but the good of the Kingdom, and preservation of the Church, which by consumption, or combustion, is like to be desperately diseased, except remedy some way be speedily provided; And we delight to use no other means, but such as are legal, and have been ordinary in this Church, since the Reformation: We are confident that without further delay, for preventing of greater evils and miseries than we can express, our just desires shall be granted. So shall we be encouraged in the peace of our souls, still to pray for his Majesty, all increase of true honour, and happiness. UPon their refusal, he sent for some of the chief Lords Covenanters, and told them of his resolution for a new journey; that he found their ways such as he could not go along with them; that he had power to grant them a free General Assembly, but that he could not conceive that to be a free one, in which they should bring in every man to have a voice whom they had a mind to: If they would let him know what manner of persons should sit there, and what they intended to do there, he would give his best concurrence, if he found their intentions to be agreeable to the laws and customs of that Church and Kingdom; if they rejected these motions, he knew nothing left for him, but to return back again to Us, yet he desired them before his journey they would let him know what it was they would have, and that they would express what was the uttermost of that which they desired from Us, without which they would not rest satisfied; that with their desires he would make Us acquainted, and that within a few days he would either return to them himself with Our answer, or otherwise it should be speedily sent unto them. Their answer to Our Commissioner was, that they would make their Tables acquainted with his proposition, and he should shortly receive their answer: At their Tables it was much debated, whether he should have any further time allowed him for a new journey, and a speedy return, or if they should leave him to his own choice and counsels, and they in the mean time to indict a General Assembly, and go on with the prosecution of their intended resolutions: At last, not without contrariety of suffrages in this also, it was by most voices concluded, that to give the people satisfaction, they would yet forbear the indicting of the Assembly until the 21. day of September, before which time, if he or some other did not return with such answer as should content them, than they would hold themselves free to go on with their designs: And for expressing their desires, or what satisfaction they expected from Us, they would not descend to particulars, only they looked for a free General Assembly, and a Parliament, in which two great Courts their desires should be made known; And this being all the answer Our Commissioner could obtain from them, he told them that he would report it to Us, and intended presently to begin his journey. No sooner were they parted from him, but they betook themselves to their old courses, both of incensing the people, and dashing in Our Commissioner all hope of doing any good in this service: The first they did by scattering a report amongst their followers, that Our Commissioner neither had power from Us, nor any intention in himself to give them any satisfaction, but that he only delayed time, until all things might be in a ripeness and readiness for their ruin, an evident argument whereof was, that now he had taken two journeys thither, & yet had never offered any thing, nor were they in better case than before he was sent unto them: A thing which they knew to be most untrue, both because in Our last Declaration We had granted them very many things concerning their pretended grievances, which We had not granted before, being the same things which at first they only desired; as likewise because Our Commissioner had now lately tendered them in writing ten propositions, upon the yielding to which he would presently indict an Assembly: But that was all one with them, for so they could persuade the people that nothing yet had been offered at all to content them, they cared not by what reports (true or false) that persuasion were wrought in them: Our Commissioner, to assure the people that he intended really, and endeavoured their content, if possibly it might be effected upon any reasonable terms, contracted his former propositions into these two (which We here insert) and caused many copies of them to be dispersed through the City, that so the people might not be kept from the knowledge of Our favour towards them. IF the Lords and the rest will undertake for themselves and the rest, that no Laics shall have voices in choosing the Ministers to be sent from the several Presbyteries to the General Assembly, nor none else but the Ministers of the same Presbytery: If they will undertake that at the Assembly they shall not go about to determine of things established by Acts of Parliament, otherwise then by remonstrance or petition to the Parliament, leaving the determining of things Ecclesiastical to the general Assembly, and things settled by Act of Parliament, to the Parliament: Then I will presently indict a General Assembly, and promise, upon my Honour, immediately after the Assembly to indict a Parliament, which shall cognosce of all their complaints. THis did so irritate their Leaders, that they presently entered upon a course that should put Our Commissioner out of hope of ever doing any good in this service; for they presently gave order, even before the beginning of his journey, for the election of the Commissioners to the General Assembly throughout the whole Kingdom, to be made before his return, or the indicting of an Assembly; which caused him presently to send for the chief of the Covenanters, and absolutely to tell them, That if they did proceed to the election of any Commissioners for the Assembly before his return, he would not go his journey at all; he would not move Us for a General Assembly, nor for any thing else; he would leave them to their own ways; as a private man he would stay in the Kingdom and expect the issue of their counsels: Which resolution of his, because it should not be concealed from the people, he caused likewise by many copies of it in writing to be divulged amongst them: This his determination these Lords Covenanters to whom he delivered it, communicated to their Tables, who were very stiff in their former conclusion for the present election of Commissioners; yet because they could not well perceive how to satisfy the people, if they should break off all treaty upon such a nice point, it was at the last agreed unto, and talked of as a singular favour done to Our Commissioner, that the election of the Commissioners to the Assembly should be delayed until his return, which We pray the Reader to observe, because it shallbe known at his return, with what a horrible equivocation they did elude this their promise. Before Our Commissioner begun his journey towards Us, he entered into a serious consultation with Our chief officers of State and principal Councillors there, what further advice they had to recommend by him unto Us, for the settling of the peace of that Kingdom, since they clearly perceived that all Our royal and gracious intentions to that people were frustrated, by the rebellious and obstinate courses of some few who misled the rest; and since he could not possibly draw from the Covenanters their designs, nay, nor their desires, whereby he might learn what they expected for their satisfaction, he desired of them their best counsel, and that he with them might conceive in writing what they supposed would reduce the Kingdom to peace and quietness, and without which they thought it could not be effected, but by force and arms, which he was sure We would never use, but in an unavoidable extremity, and for the preservation of Our Crown and dignity. This Our Commissioner did not adventure to communicate with the whole Council, because he did know that some of Our Counsellors were Covenanters in their hearts, though for dangerous ends, they had forborn the subscribing of the Covenant with their hands, and that they would acquaint the Covenanters with it, with whom they kept private meetings. This proposition being much debated amongst these Counsellors, they fell upon that way which they conceived would fully satisfy, or else none could; which was this: Since the Covenanters would not express their own desires in particulars, they thought best to take an exact view of all their petitions, remonstrances, grievances, declarations, protestations either written or printed, which they had since the first beginning of these troubles exhibited to Ourselves, Our Commissioner, Our Council; and to extract out of them the particulars of all their grievances and desires, and to represent them unto Us. And besides all these, We being assured by Our Commissioner, that the principal motive which the heads of the Covenanters had used to Our people for alienating their minds from Us, was that false opinion of Our averseness from the Religion Reform, and of Our inclination to Popery: We resolved, above all that was desired, to take a course which should give Our subjects full and unquestionable satisfaction in that point; and therefore propounding unto Ourself, the example of Our Royal Father, We concluded to command and urge the renewing of that Confession of Faith, which was first framed and afterward renewed in His name, by which means We made account that We should both benefit Our Subjects and right Ourself: For perceiving that they had grounded and fathered their spurious Covenant upon that Confession and Covenant urged by Our Father; We resolved, by this Act of Our authority to legitimate it, that it being commanded by Us, might save Our people who were to swear it, from incurring the danger of Our Laws, which have made it very criminal to enter into any Covenant without Our authority: As also, to vindicate Ourself from that false and wicked aspersion, which the heads of their Covenant had most seditiously laid upon Us, viz. that We had a resolution either to bring in Popery, or at least to tolerate it in Our Kingdoms, which though they themselves did not believe, yet they believed that this was the most powerful means of alienating the minds of Our people from Us (which they only intended) if they could possibly work them to that belief. And so both We and Our Commissioner, who had lately come from them, were persuaded that not only Our people, but all people in the World, to whose notice it should come, must rest satisfied; that We could not possibly be that way inclined, if We should command, and by Our authority effect a new subscription and swearing of that confession of Faith, which is more directly opposite to Popery then any Confession besides extant in the World. This being added to the former advice of Our Council, which was to ease them of all those things which they pretended to be their principal grievances, We well hoped should have settled the peace of that Church and Kingdom. For by granting the removing of those former grievances, without this last superaddition of Our favour, Our Counsellors were persuaded that Our subjects for the most part would be satisfied, desert their Leaders, and adhere to Us with their lives and fortunes, as they themselves would do who signed this their Council with their hands, and sent it up to Us by Our Commissioner. No sooner was he come to Us at oatland's, but We were astonished with his relation of their proceedings; and when he presented unto Us, not only the improbability, but also the impossibility that ever the Ringleaders of that Rebellion would desist, until they had obtained their wicked ends, and that the only hope of peace was placed in dividing the people from them, by proffering unto the people such gracious favours, as in all likelihood they neither could nor would reject; and well weighing the advice given unto Us by Our principal Counsellors and Officers of State there, After mature deliberation with such as We were pleased to call unto Us, and especially at the humble and earnest importunity of Our Commissioner, so zealously affected to the peace of Our and his native Country, We did resolve to pursue that advice of his and Our other Counsellors, and did again make a very exact survey of whatsoever they had petitioned for, from the very first, either of Us, Our Commissioner, or Council, and resolved to grant them all, and besides all these, to renew the former Confession of Faith and the Band annexed, which We made account would have given them satisfaction above all things, especially in that wherein they had been most wickedly abused, that is, in their opinion of Our inclination to Popery. The particulars of Our gracious grants unto them you shall find in Our next Proclamation made after Our Commissioners return to that Kingdom; whom, within eight days after his coming to Us, We dispatched back again, overjoyed with Our gracious grants, as making full account, that he should be received this last time as an Angel of God, bringing in his mouth the branch both of piety and peace: But how far both We and he and Our Counsellors, and all Our good, religious, loyal, and peaceable subjects of that Kingdom were deceived herein, the next ensuing narration (which is almost above credit) will sufficiently declare. For Our Commissioner, returning before the day agreed upon, he found all things in the time of his absence so perplexed and embroiled by the heads of the Covenanters, who were afraid of nothing so much, as that he should return with an answer satisfactory to Our people, that he begun most clearly to perceive, that these men were resolved that nothing should satisfy them; which appeared by their whole proceedings in the time of his absence, and especially in these two particulars: First, whereas they had promised that no election of Commissioners for the Assembly should be made before the 21. day of September, the day agreed upon for his return, they gave order that the election should be made the 22. day of September, being the next day after that, which they knew was to be passed before he could possibly return Our answer to them: According to which resolution of theirs, Commissioners for the Assembly were elected in many Presbyteries upon that day, before any of the Covenanters did, or could come to know Our answer from Our Commissioner, or before the Assembly was indicted, which was not until some days after these elections were passed: Now, We desire to know whether ever there were heard a more gross, absurd, and palpable equivocation than this, and that from men, who would be accounted the greatest opposites in the world to Popish tenets, and to none more than that of equivocation. They promise that no election shall be made until Our Commissioners return, and before such a day; and that promise grounded upon Our Commissioners resolution before his departure from them, that unless they would give him that assurance, he would not undertake his journey, nor move Us any more in this business; but if they would expect his return and Our answer by that time, he would do both. These holy men resolve to expect that time before any election shall be actually made, but give order that it shall be made the next day after, before it could be known in most parts of the kingdom whether he were returned, or in any part of the kingdom, or by any person of the kingdom, what answer he had returned from Us: The insincerity of which proceedings (condemned by many Covenanting Ministers at their meeting at Edinburgh for a most desperate equivocation) We are confident every man will detest, especially in those men who boast themselves to be the only sincere Professors of these times. Besides, Our Commissioner found that these men (who would not so much as hear him speak of any precedent conference of any thing concerning the Assembly, nor of any directions to be agreed upon for the more orderly proceeding in it, but cried out against them as unsufferable prelimitations and prejudging of the liberties of Christ and his Church) had in the time of his absence at their Tables agreed upon certain directions comprehended in eight Articles, which they had dispersed through the whole kingdom, and commanded to be observed by the several Presbyteries thereof in their elections; the true copy whereof here followeth. A direction for Presbyteries. THat every Presbytery have a copy of the Act made at Dundie the seventh of March 1597. concerning the number of Commissioners; the tenor whereof followeth. Because there hath been no order hitherto anent the number of Commissioners to be directed from every Presbytery to the General Assembly, therefore it is statuted and ordained, that in all time coming three of the wisest and gravest of the Brethren shall be directed from every Presbytery at the most, as Commissioners to every Assembly, and that none presume to come without Commission: And likewise, that one be directed from every Presbytery in name of the Barons, and one out of every Burgh, except Edinburgh, which shall have power to direct two Commissioners to the General Assembly. That every Presbytery have a copy of the Commission to be given to the Commissioners; the tenor thereof follows. T.T. the day of The which day after calling upon the name of God, We the members of the Presbytery of having diligently considered the manifold corruptions, innovations, and disorders, disturbing our peace, and tending to the overthrow of our Religion, and Liberties of the reformed Church within this Realm; which hath come to pass, especially through the want of the necessary remedy of General Assemblies, as well ordinary as pro re nata, enjoyed by this Church for many years, and ratified by Act of Parliament, And now expecting shortly by the mercy of God the benefit of a free General Assembly, do by these presents nominate and appoint Minister of as also in name of the Burrowes, conjunctly and severally our lawful Commissioners, giving and granting unto them our full power, Commission, and express charge, to repair to the said Assembly at the day and place, when and where it shall happen to sit, in any safe and commodious place within this Kingdom, and there with the rest who shall be authorised with lawful Commission, in our name to propone, treat, reason, vote, and conclude, according to the word of God, and confession of faith approved by sundry General Assemblies, and received throughout the whole Kingdom in all Ecclesiastical matters, competent to a free General Assembly, and tending to the advancement of the Kingdom of Christ, and the good of Religion, as they will answer to God, and his Church thereupon, and to report to us their diligence therein. In testification of this our Commission and charge, we have subscribed these presents with our hands, and which they have accepted with the lifting up of their hands. That every Church Session send one of the most qualified Elders unto the Presbytery the day of choosing Commissioners to the General Assembly: That by common consent of the Ministers and those Elders present in the Presbytery, there may be chosen both the Commissioners for the Ministers, and also some well affected and qualified Nobleman, or special Gentleman, being an Elder of some particular Church Session within that Presbytery, in name of the Barons: For this is the constitution of the Presbyteries, (otherwise called Elderships) appointed by the Church in the books of discipline, Acts of the General Assembly, practised for many years after the reformation, and ratified in the Parliament, the twelfth of King James the 6. and never since altered nor rescinded; neither can be with reason altered, seeing that same is the constitution of the supreme and General Assemblies, and of the inferior and Church Sessions, as is at more length cleared by some reasons. That such as are erroneous in doctrine, or scandalous in life, be presently processed, that they be not chosen Commissioners; and if they shall happen to be chosen by the greater part, that all the best affected, both Ministers and Elders, protest and come to the Assembly to testify the same. To send to every Presbytery a copy of the printed reasons for an Assembly. That Moderators by virtue of their office be not Commissioners to the Assembly, except they be chosen. That the Presbyteries in one of the ordinary meetings, appoint to convene solemnly after the twentieth of September, either upon the 21.22.23.24. or 25. for choosing of their Commissioners to the Assembly, and for to send them hither to Edinburgh before the first of October, or so soon as they can, that with common consent, they may receive the King's last answer, and advise upon the next lawful remedies, in their extreme necessities of Church and State. That in the Fast to be observed on the sixteenth day of September, the second day preceding their election, they may crave God's direction therein. TO these eight Articles they joined (by way of information) a very impertinent, long and tedious discourse of Ruling Elders, too long and too simple to be here inserted, which was added no doubt only to persuade the Ministers to admit Laymen to have voices in their Presbyteries at the election of the Ministers who were to be Commissioners for the Assembly; or in case of their refusal, to persuade the Laymen to put themselves in possession, and give their voices in these elections whether the Ministers would or no, as shall appear afterwards, both by that intrusion which these Lay Elders used in many Presbyteries, where the Ministers refused to admit them, and by some of the Tables more private instructions, by which they were ordered so to do. Now, We desire the Reader to consider, whether the conference which Our Commissioner desired for debating of what members the Assembly was to be constituted, and the matters which were principally to be discussed there (with so much bitterness exclaimed against by them) could in any construction or sense be taken for such a prelimitation of the Assembly, either in the members, matter, or manner of it, as these eight Articles composed and commanded by their Tables. In the second Article, they set down to every Presbytery, a set form of a Commission to be made to their Commissioners, which was never done before; and at the Assembly, when the several Commissions were read, it was observed that all the Commissions were the same verbatim, except a very few from some Presbyteries who would not be ruled by the Table; and gave power to their Commissioners to continue no longer in the Assembly, than We or Our Commissioner in Our name should continue it: In the same Article, they will have the Presbyteries in their Commissions to take it pro confesso, that the pretended and complained of Innovations are, corruptions and disorders disturbing the peace, and tending to the overthrow of their Religion and Liberties within the reformed Church of that Realm: If this be not to prejudge, and take that for granted, which was to be tried by the Assembly, whether it was so or not, viz. whether these things complained of were Innovations and corruptions introduced in Religion, We must leave it to the Reader to judge. In the third Article they appoint Laymen to sit in Presbyteries, which had not been done for above forty years before; Nay, and these Laymen to be equal in number with the Ministers, which is contrary to their own book of Discipline alleged by them, which did then order that the Ministers should always exceed the number of the Lay Elders; so that before this time they never were equal in number: Nay, that these Laymen should have voices, not only in the choosing of their own Lay Elder, but, which is insufferable, should have suffrage in the Election of the three Ministers Commissioners for the Assembly, which they themselves do know was never heard nor practised in that Church before, in the very first and strictest times of reformation, nor ever since. In the fourth Article they order a notable trick and device of their own to be put in practice, whereby they were ascertained, that no Minister should be chosen Commissioner in any Presbytery where they had any power, but such as did undoubtedly concur with them in their rebellious courses: for they appointed (and accordingly it was practised) that every man suspected to be of a different judgement from them, should presently be process and brought under the scandal of erroneous life or doctrine, and so made uncapable of being chosen Commissioner; according to which Article there were very few Ministers in the Kingdom, who had not subscribed their Covenant, but they were presently suspended by their Presbytery, where they had voices to do it, or at the least put under process by some one or other▪ which could not be prevented; for no man can be denied an original process against any man whom he will implead: But yet this Article left no evasion, if it should happen that such a one should be chosen Commissioner, for in this case they ordered, that the rest who gave not voices should protest against the election, and complain of it to the General Assembly, where they were sure enough to process him there, and lay him aside until his process should be discussed; which they did put in practice upon some Ministers, who did not concur in judgement with them at the first sitting down of the Assembly. The sixth Article is directly against the Constitutions of their Church then in force, and till then practised; the Moderator of the Presbytery being constantly one, as being most able to give an account to the Assembly of all Presbyterial actions. The seventh Article gives order for practising the above mentioned equivocation, and enjoineth them to make their elections before they received Our answer, and that they repair to Edinburgh immediately after their election, that all the Commissioners elected may consult before hand upon what was to be said or done at the Assembly; which is in effect neither more nor less, then to receive directions from their Tables how to carry themselves at the Assembly, and indeed to preconveene and hold the Assembly at Edinburgh before their meeting at Glasgow. These were their public instructions which they were not ashamed to avow and send abroad from their Tables, as it were by public authority, to the several Presbyteries of that Kingdom; And whether they do not contain prelimitations of the Assembly, we shall leave it to the Reader to judge: But whether, if We, Our Commissioner, or Council, had sent any such directions and instructions to the several Presbyteries, they would not have exclaimed against them as unsufferable prelimitations of that Assembly, and prejudging of the liberties of the Church of Christ in that Realm, We do appeal even to their own consciences. And yet these public instructions are nothing to the private ones, which they durst not communicate to all their party, but only to some one Laic, and one Minister, their special confidents in every Presbytery, of which you shall hear more afterwards in their due place. Notwithstanding all these discouragements, arising from the disorderly proceedings of the Covenanters in the time of his absence, Our Commissioner the day after the time prefixed for his return, viz. the 22. day of September 1638. assembled Our Council at Our Palace of Holy-rood-house, and there first delivered unto them this letter from Us, as followeth. Apud Holy-rood-house Septemb. 22. 1638. The which day James marquis of Hamiltoun His Majesty's Commissioner, produced and exhibited before the Lords of Privy Council, the two Missives underwritten, signed by the King's Majesty, and directed to the said Lords, which being read, heard, and considered by the said Lords, They have ordained, and ordains the same to be inserted and registered in the books of Secret Council, therein to remain ad futuram rei memoriam, whereof the tenor followeth. CHARLES R. RIght trusty etc. being certainly informed that the distractions which have happened of late, (both in Church and Commonwealth) in this Our ancient Kingdom of Scotland, have much troubled the minds of many of Our good and loyal subjects; and that these distractions have been occasioned upon jealousies and fears of innovation of Religion and Laws, as tending to the introduction of Popery, and not without some suspicion, as if We Ourself were inclined that way; Upon occasion whereof, many of Our subjects have of late subscribed a band or Covenant for preserving the true Religion and Laws already established, and for defending the King's person, and each others, in defence thereof: But the same not being warranted by Royal authority (as that which was in Our dear Father's time) must needs of itself be ineffectual▪ and much prejudicial to the ancient Form and Custom of government kept within that Our Kingdom of Scotland: Wherefore We, out of Our inborn love to Our said native Country, and for obviating these conceived fears, and satisfying of you, and all Our loving people, have thought good to ordain the Confession of Faith, and band subjoined thereto, of the date at Edinburgh, Januarie 28. 1580. and signed by Our Royal Father to be renewed: And to that effect have given Order to Our Commissioner, with advice of Our Council, to set down and settle some solid course, whereby the same may be subscribed by Our Council, Judges, Magistrates of Burroughes, and all other Our people of that Kingdom. And for further clearing of Ourself, We declare, That as We are and ever have been satisfied in Our judgement and conscience for the reformed Religion now established, and against the Roman: so We purpose, by God's grace, both to live and die in the practice thereof, and to preserve and maintain the same in full strength and integrity, according to the Laws of that Our ancient Kingdom. What We have thought further fitting to be done at this time, concerning the particulars contained in Our subjects petitions; you shall receive Our full pleasure therein from Our Commissioner. And that this Our Declaration concerning Ourself, and Our pious intention, for settling the Reformed Religion within that Our Kingdom may appear to posterity. Our pleasure is, that these presents be registered in the Books of Council. oatland's Septem. 9 1638. THis Our Letter being received by Our Council with all submissive, joyful, and thankful acknowledgement, Our Commissioner made them further acquainted with the particulars of Our grace and favour, for the appeasing of the troubles of that Our kingdom, who (upon hearing of the same) were filled with excessive joy, as making full account that now malice itself could not find the least pretence of keeping Our people from being satisfied, all things which ever yet since the beginning of these troubles they had desired, being granted unto them. But so soon as some of Our Counsellors, who were not only Covenanters in their heart, but the very heart of their Covenant, had made some of the chief covenanting Lords acquainted with the unexpected excess of Our favours towards Our people, these Lords, making full account that their reign was upon the point of expiration if the people should understand Our grace and favour, bestirred themselves with might and main to disperse rumours amongst them, That the news brought home by Our Commissioner, importing Our answer, did tend to the utter subversion of their Religion and liberties; That there was a new Covenant to be set on foot by Us, to destroy theirs, and that if they now did not resist, all they had done was quite undone and lost: After which, the principal of them came down, first, to Our Commissioner, and then to Our Council, requesting them, or indeed rather requiring them, that they would not subscribe the Confession of faith, nor require it to be subscribed by others, by any authority from Us, threatening in a manner, that if they did, they would repent it, and that a present rupture would follow: Our Commissioner and Council heard them twice fully, but found not the least ground of reason for the delay of the declaration of Our grace and favour towards Our people, as seeing it proceeded only from an earnest desire in these Lords to have it concealed from them; and therefore resolved, and imparted unto the Lords covenanters their resolution, that they would publish it that day, being Saturday. The Lords covenanters did then seem to abate something of their requests, or rather demands, and desired Our Commissioner and Council to delay the publishing of Our Declaration only until the Monday following, before which time, if they could not show good reasons for the stopping of it, they would be content with the publication thereof: Which motion of theirs wanted not seconding from some of Our Council there present, who were indeed the first and chiefest of them: But Our Commissioner and Counsellors well and wisely foreseeing that this delay was desired, first, that these Lords Covenanters might have time to pen and prepare a Protestation against this Our gracious Declaration, with the contents whereof some of Our Councillors (hearty Covenanters) had made them acquainted; which Protestation could not be provided nor penned in the space of so few hours: secondly, that the Lords covenanters made no question, but that the next day being Sunday, their Ministers in all the Pulpits of Edinburgh, by their subornation, should so conjure up the spirits of Our people against Our gracious Declaration, as they should not be easily and readily laid again: Thirdly, that they might have time to dispatch messengers & Posts abroad with copies of their Protestation, in all Burroughs where Our Declaration was to be published, before, or as soon as Our Declaration could be sent to those places: for these important considerations, Our Commissioner and Council did declare unto these Lords, after full hearing of them, that considering the invalidity of their reasons to the contrary▪ Our gracious Declaration should be published that day at the Cross of Edinburgh: And so accordingly Our Declaration that day was proclaimed, as here it followeth. CHarles, by the grace of God, King of Scotland, England, France, and Ireland, defender of the faith. To Our Lovits, Messengers, Our Sheriffs, in that part conjunctly and severally specially constitute, greeting. Forsomuch as the cause and occasion of all the distractions which have happened of late both in Church and Commonweal of this Our Kingdom, have proceeded from the conceived fears of innovation of Religion and Laws: To free all Our good subjects of the least suspicion of any intention in Us to innovate any thing, either in Religion or Laws; and to satisfy not only their desires, but even their doubts, We have discharged, and by these presents do discharge the Service Book, Book of Canons, and High Commission, and the practice of them, or any of them: and by these presents annuls and rescinds all acts of Council, Proclamations, and other acts and deeds whatsoever, that have been made or published, for establishing them, or any of them, and declares the same to be null, and to have no force nor effect in time coming. And being informed, that the urging of the practice of the five articles of Perth Assembly, hath bred great distraction and division in the Church and State, We have been graciously pleased to take the same into Our consideration; and for the quiet and peace of Church and State, do not only dispense with the practice of the said's Articles, but also discharge, like as by these presents We discharge all and whatsoever persons from urging the practice thereof, upon either Laicke or Ecclesiastical person whatsoever. And We do hereby free all Our subjects from all censure and pain, whether ecclesiastical or secular, for not urging, practising, or obeying the same, notwithstanding of any thing contained in the acts of Parliament, or general Assembly to the contrary. And because it hath been, to the disgrace of government, dispersed and surmised throughout this Our kingdom, that some of Our subjects have exercised such illimited and unwarranted power, and have held themselves eximed from censure and punishment, to which others Our subjects are liable, We do by these presents declare, that if any of Our subjects, whether ecclesiastical or civil, of whatsoever quality, title, or degree, have, or shall at any time presume to do any such act, or assume to themselves any such exemption or power, That they shall, like as by these presents We make and ordain them to be liable to the trial and censure of Parliament, general Assembly, or any other Judicatories competent, according to the nature and quality of the offence. And for the free entry of Ministers, that no other oath be administrate unto them than that which is contained in the act of Parliament, And to give Our subjects full assurance, that We never intent to admit of any change or alteration in the true Religion already established and professed in this Our kingdom, And that all Our good people may be fully and clearly satisfied of the reality of Our intentions towards the maintenance of the truth and integrity of the said Religion, We have thought fit and expedient to enjoin and authorise, like as We by these presents do require and command all the Lords of Our privy Council, Senators of the College of Justice, Judges, and Magistrates to burgh and land, and all Our o●her subjects whatsoever, to subscribe and renew the Confession of Faith, subscribed at first by Our dear Father and His household, in the year of God 1580. Thereafter by persons of all ranks, in the year 1581. by ordinance of the Lords of secret Council, and acts of the general Assembly. Subscribed again by all sorts of persons in the year 1590. by a new ordinance of Council at the desire of the general Assembly, with their general band of maintenance of the true Religion, and the King's person. And for that effect We do require the Lords of Council to take such course anent the foresaid confession and general band, that it may be subscribed and renewed throughout the whole kingdom with all possible diligence. And because We will not leave in Our subjects minds the least scruple or doubt of Our royal intentions and real resolutions, We have given warrant to Our Commissioner to indict a free general Assembly, to be holden at Glasgow the twenty first day of November, in this present year 1638. And thereafter a Parliament to be holden at Edinburgh the fifteenth day of May Anno 1639. for settling a perfect peace in the Church and Commonweal of this kingdom. And because it is likely that the disorders and distractions which have happened of late, have been occasioned through the conceived fears of innovation of Religion and Laws, and not out of any disloyalty or disaffection to sovereignty, We are graciously pleased absolutely to forget what is past, and freely to forgive all by-gones to all such as shall acquiesce to this Our gracious pleasure, and carry themselves peaceably as loyal and dutiful subjects, and shall ratify and approve the same in Our next ensuing Parliament. And that this Assembly may have the better success, and more happy conclusion, Our will is, that there be a solemn Fast proclaimed and kept by all Our good subjects of this kingdom, a fourteen days before the beginning of the said Assembly: the causes thereof to be a begging a blessing from God upon that Assembly, and a peaceable end to the distractions of this Church and kingdom, with the aversion of God's heavy judgement from both. And Our pleasure is, that this Fast be kept in the most solemn manner as hath been in this Church at any time heretofore upon the most extraordinary occasion. OUR WILL is herefore, and We charge you straightly and command, that incontinent these Our Letters seen, ye pass, and make publication hereof by open proclamation at the market crosses of the head burrows of this kingdom, wherethrough none pretend ignorance of the same. Given at Our Court of oatland's, the ninth day of September 1638. Per Regem. AFter this Declaration was proclaimed, the Confession of Faith, as it was at the first commanded by Our Royal Father, as also the band annexed for defence of the Religion now established, and of Our Person and authority, with the subscriptions of Our Commissioner and Council to them both, do here follow. The Confession of Faith of the Kirke of SCOTLAND: Subscribed at the first by the King's Majesties umwhile dearest Father, of blessed memory, and his Household, in the year of God 1580. Thereafter by persons of all ranks, in the year of God 1581. by ordinance of the Lords of Secret Council, and Acts of the General Assembly. Subscribed again by all sorts of Persons in the year 1590. by a new Ordinance of Council, at the desire of the general Assembly: With the general Band for maintenance of the true Religion. And now renewed and subscribed again by his Majesty's special command, by the right noble marquis, James, marquis of Hamiltoun, Earl of Arran and Cambridge, Lord Even and Evendail, his Majesty's high Commissioner, and Lords of secret Council undersubscribing. And that of and according to the date and tenor of the said Confession of Faith, dated in March 1580. and of the Band, dated in Anno 1589. We All, and every one of us underwritten, protest, That, after long and due examination of our own Consciences, in matters of true and false Religion, are now throughly resolved in the Truth, by the Word and Spirit of God, and therefore we believe with our hearts, confess with our mouths, subscribe with our hands, and constantly affirm before God and the whole World, that this only is the true Christian Faith and Religion, pleasing God, and bringing salvation to man, which is now by the mercy of God, revealed to the world by the preaching of the blessed Evangel. And received, believed, and defended by many and sundry notable Kirks and Realms, but chiefly by the Kirk of Scotland, the King's Majesty, and three Estates of this Realm, as Gods eternal truth and only ground of our salvation; as more particularly is expressed in the Confession of our Faith, established, and publicly confirmed by sundry Acts of Parliaments, and now of a long time hath been openly professed by the King's Majesty, and whole body of this Realm, both in Burgh and Land. To the which Confession and form of Religion, we willingly agree in our consciences in all points, as unto God's undoubted Truth and Verity, grounded only upon his written Word: And therefore We abhor and detest all contrary Religion and Doctrine, But chiefly all kind of Papistry in general and particular heads, even as they are now damned and confuted by the Word of God and Kirke of Scotland: but in special, we detest and refuse the usurped authority of that Roman Antichrist upon the Scriptures of God, upon the Kirk, the civil Magistrate, and conscience of men: All his tyrannous laws made upon indifferent things against our Christian liberty; His erroneous doctrine against the sufficiency of the written word, the perfection of the Law, the office of Christ, and his blessed evangel. His corrupted doctrine concerning original sin, our natural inability, and rebellion to God's law, our justification by faith only, our imperfect sanctification and obedience to the law, the nature, number, and use of the holy Sacraments. His five bastard Sacraments, with all his rites, ceremonies, and false doctrine, added to the ministration of the true Sacraments without the word of God. His cruel judgement against infants departing without the Sacrament. His absolute necessity of Baptism. His blasphemous opinion of Transubstantiation, or real presence of Christ's body in the elements, and receiving of the same by the wicked, or bodies of men. His dispensations with solemn oaths, perjuries, and degrees of marriage forbidden in the word. His cruelty against the innocent divorced. His devilish Mass. His blasphemous Priesthood. His profane sacrifice for the sins of the dead and the quick. His canonisation of men, calling upon Angels or Saints departed, worshipping of imagery, relics, and crosses, dedicating of Kirks, altars, days, vows to creatures. His purgatory, prayers for the dead, praying or speaking in a strange language, with his processions and blasphemous litany, and multitude of advocates or mediators, His manifold orders, auricular confession. His desperate & uncertain repentance. His general and doubt some faith. His satisfactions of men for their sins. His justification by works, Opus operatum, works of supererogation, merits, pardons, peregrinations, and stations. His holy water, baptising of bells, conjuring of spirits, crossing, saving, anointing, conjuring, hallowing of God's good creatures, with the superstitious opinion joined therewith. His worldly Mornarchy, and wicked Hierarchy. His three solemn vows, with all his shavelling of sundry sorts. His erroneous and bloody decrees made at Trent, with all the subscribers and approvers of that cruel and bloody band, conjured against the Kirke of God. And finally, we detest all his vain allegories, rites, signs, and traditions brought in the Kirk, without, or against the word of God, and doctrine of this true reformed Kirk. To the which we join ourselves willingly, in doctrine, faith, Religion, discipline, and use of the holy sacraments, as lively members of the same, in Christ our head: promising and swearing, by the great Name of the Lord our God, that we shall continue in the obedience of the doctrine and discipline of this Kirk, and shall defend the same, according to our vocation and power, all the days of our lives, under the pains contained in the law, and danger both of body and soul in the day of God's fearful judgement. And seeing that many are stirred up by Satan and that Roman Antichrist, to promise, swear, subscribe, and for a time use the holy Sacraments in the Kirk deceitfully, against their own consciences, minding hereby, first, under the external cloak of Religion, to corrupt and subvert secretly God's true Religion within the Kirk, and afterward, when time may serve, to become open enemies and persecuters of the same, under vain hope of the Pope's dispensation divised against the word of God, to his greater confusion, and their double condemnation in the day of the Lord Jesus: We therefore, willing to take away all suspicion of hypocrisy, and of such double dealing with God and his Kirk, protest, and call the Searcher of all hearts to witness, that our minds and hearts do fully agree with this our confession, promise, oath, and subscription: So that we are not moved for any worldly respect, but are persuaded only in our consciences, through the knowledge and love of God's true Religion, printed in our hearts by the holy Spirit, as we shall answer to him in the day when the secrets of all hearts shall be disclosed. And because we perceive, that the quietness and stability of our Religion and Kirk doth depend upon the safety and good behaviour of the King's Majesty, as upon a comfortable instrument of God's mercy granted to this country, for the maintenance of his Kirk, and ministration of justice amongst us, we protest and promise with our hearts under the same oath, hand-writ, and pains, that we shall defend his person and authority, with our gear, bodies, and lives, in the defence of Christ his Evangel, liberties of our Country, ministration of justice, and punishment of iniquity, against all enemies within this Realm, or without, as we desire our God to be a strong and merciful defender to us in the day of our death, and coming of our Lord Jesus Christ: to whom, with the Father, and the holy Spirit, be all honour and glory eternally. Amen. We under-subscribing, and considering the straight link and conjunction betwixt the true and Christian religion presently professed within this realm, and Sovereign Lords estate and standing, having both the self same friends and common enemies, and subject to the like event of standing and decay, and weighing therewithal the imminent danger threatened to the said religion, the preservation whereof being dearer to us then whatsoever we have dearest to us in this life; And finding in his Majesty a most honourable and Christian resolution, to manifest himself to the world that zealous and religious Prince which he hath hitherto professed; and to employ the means and power that God hath put into his hands, as well to the withstanding of whatsoever foreign force shall mean within this land, for alteration of the said religion, or endangering of the present state, as to the repressing of the inward enemies thereto amongst ourselves, linked with them in the said Antichristian league and confederacy; Have therefore in the presence of Almighty God, and with his Majesty's authorising and allowance, faithfully promised, and solemnly sworn, like as hereby we faithfully and solemnly swear, and promise, to take a true, effauld, and plain part with his Majesty amongst ourselves, for diverting of the appearing danger threatened to the said Religion, and his Majesty's state and standing, depending thereupon, by whatsoever foreign or intestine plots or preparations. And to that effect, faithfully, and that upon our truth and honours, bind and oblige us to others, to convene and assemble ourselves publicly, with our friends in arms, or in quiet manner, at such times and places as we shall be required by his Proclamations, or by writ or message direct to us from his Majesty, or any having power from him, And being convened and assembled, to join and concur with the whole forces of our friends and favourers, against whatsoever foreign or intestine powers or Papists, and their partakers, shall arrive or rise within this Island, or any part thereof, ready to defend or pursue, as we shall be authorised and conducted by his Majesty, or any others having his power and commission, to join and hold hand to the execution of whatsoever mean or order shall be thought meet by his Majesty, and his Council, for suppressing of the Papists, promotion of the true Religion, and settling of his Highness' estate, and obedience in all the countries and corners of this Realm, to expound and hazard our lives, lands, and goods, and whatsoever means God hath lent us, in the defence of the said true and Christian Religion, and his Majesty's person and estate, against whatsoever Jesuits and Seminarie or Masspriests, condemned enemies to God and his Majesty, to their utter wrack and exterminion, according to the power granted to us by his Majesty's proclamation, and acts of Parliament: To try, search, and seek out all excommunicates, practisers, and others Papists whatsoever, within our bounds and shire where we keep residence, and dilate them to his Highness and his privy Council, and conform us to such directions, as from time to time we shall receive from his Majesty and his Council in their behalves. And specially so many of us as presently are, or hereafter shall be appointed Commissioners in every shire, shall follow, pursue, and travail by all means possible, to take and apprehend all such Papists, Apostates, and excommunicates, as we shall receive in writ from his Majesty. And we, the remanent within that shire, shall concur and assist with the said's Commissioners with our whole friends and forces, to that effect, without respect of any person whatsoever. And generally to assist in the mean time, and defend every one of us another, in all and whatsoever quarrels, actions, debates, moved, or to be moved against us, or any of us upon action of the present Band, or other causes depending thereupon. And effauldly join in defence and pursuit against whatsoever shall offer or intend any injury, or revenge against any one of them for the premises, making his cause and part that is pursued, all our parts; Notwithstanding, whatsoever privy grudge, or displeasure standing betwixt any of us, which shall be no impediment or hinder to our said effauld joining in the said common cause; but to lie over, and be misknown, till they be orderly removed, and taken away by the order under-specified. To the which time, we for the better furtherance of the said cause and service, have assured, and by the tenor hereof, every one of us taking the burden upon us for ourselves, and all that we may let, assure each other to be unhurt, unharmed, or any ways to be invaded by us, or any our foresaids for old feid or new, otherwise then by ordinary course of law and justice: neither shall we, nor any of our foresaids make any provocation, or tumult, trouble or displeasure to others in any sort, as we shall answer to God, and upon our Honours, and fidelity to his Majesty. And for our further and more hearty union in this service, we are content and consent, that all whatsoever our feids and variances fallen, or that may fall out betwixt us, be within forty days after the date hereof amicably referred and submitted to seven or five indifferent friends, chosen by his Majesty of our whole number, and by their moderation and arbitrement componed and taken away. And finally, that we shall neither directly, nor indirectly separate nor withdraw us from the union and fellowship of the remanent, by whatsoever suggestion or private advice, or by whatsoever incident regard, or stay such resolution as by common deliberation shall be taken in the premises, as we shall answer to God upon our consciences, and to the world upon our truth and honours, under the pain to be esteemed traitors to God and his Majesty, and to have lost all honour, credit, and estimation in time coming. In witness whereof, by his Majesty's special command, allowance, and protection promised to us therein, We have subscribed these presents with our hands. At 1589. We JAMES marquis of Hamiltoun, Earl of Arran and Cambridge, Lord Even and Evendail, his Majesty's High Commissioner, and Lords of his Majesty's Privy Council undersubscribing, by virtue, and conform to a warrant and command, signed by his sacred Majesty, of the date of Sept. 9 1638. and registrate in the books of Council upon the 22. day of the said month, Swear, and with our hearts and humble and true affections to God's truth, and to his sacred Majesty, subscribe the Confession of faith, of & according to the date and tenor above specified: and also renew, swear, and subscribe the foresaid general Band of the tenor abovewritten, for preservation of the true Religion, and maintenance of his sacred Majesty's authority, according to the tenor thereof, and siclike, as amply as the same was conceived in favours of his Majesties umwhile blessed Father of eternal memory, by the said Band. In witness whereof, we have subscribed these presents with our hands, At Holy-rood-house Septemb. 22. 1638. Sic subscribitur, HAMILTOUN, Traquair, Roxburgh, Mairsheall, Mar, Murray, Linlithgow, Perth, Wigtoun, Kingorne, Tullibardin, Hadingtoun, Annandaill, Lauderdaill, Kinnoull, Dumfreis, Southesk, Belheaven, Angus, Lorn, Elphinstoun, Naper, Dalyell, Amont, J. Hay, S. Thomas Hope, S.W. Elphinstoun, Ja. Carmichael, J. Hamiltoun, Blackhall. AT the same time was a proclamation made for the indiction of the general Assembly, which was this. At Holy-rood-house the 22. day of September 1638. FOrsomuch as it hath pleased the King's Majesty, out of his pious and religious disposition to the true Religion, and out of his fatherly care, for removing of all fears, doubts, and scruples, which may arise in the minds of his subjects, for preservation of the purity thereof, and upon diverse great and weighty considerations, importing the glory of God, the peace of the Kirke and Commonweal of this kingdom, to appoint and give order, that a free general Assembly be indicted, kept, and holden at the City of Glasgow the 21. of November next: Therefore the Lords of secret Council ordains letters to be direct, charging Maissars, and Officers of Arms, to pass and make publication hereof by open Proclamation at the Market Cross of Edinburgh, and the head Burrowes of this Kingdom, and other places needful. And to warn all and sundry Archbishops, Bishops, Commissioners of Kirkes', and others having place and vote in the Assembly, to repair and address to the said City of Glasgow the said one and twentieth day of November next to come, and to attend the said Assembly enduring the time thereof, and aye and while the same be dissolved, and to do and perform all which to their charges in such cases appertaineth, as they will answer to the contrary at their highest peril. IMmediately after that, this Proclamation was made for the indiction of the Parliament. At Holy-rood-house the 22. day of September 1638. FOrsomuch as it hath pleased his Majesty, out of his pious and religious disposition to the true Religion, and out of his fatherly care for removing of all fears, doubts, and scruples which may arise in the minds of his subjects, for preservation of the purity thereof, and upon diverse other great and weighty causes, importing the glory of God, the peace of the Kirk and Commonweal of this Kingdom, to appoint and give order, that the Sovereign and High Court of Parliament shall be holden at the City of Edinburgh upon the 15. day of May next to come, with continuation of days: Therefore the Lords of secret Council ordain letters to be direct to Maissars and officers of Arms charging them to pass to the market Cross of Edinburgh, and other places needful, and there by open Proclamation to make publication of the holding of the said Parliament, and to warn all and sundry Noblemen, Prelates, and Commissioners for the Barons, and Burrowes, and all others having voice and place in the said Parliament, that they and every one of them, in their most decent and comely manner, make their address to the said Parliament, attend and await thereat during the time thereof, and to discharge that duty which is incumbent to them and each one of them, as they will answer on the contrary at their peril. ANd last of all was published and proclaimed first the Act of the Lords of Our Council for requiring all Our subjects to subscribe the said Confession of Faith and Band annexed, which here followeth. At Holy-rood-house the 24. day of September Anno 1638. THe which day a Noble Earl, JAMES marquis of Hamiltoun, Earl of Arran and Cambridge, his Majesty's Commissioner, having produced and exhibit before the Lords of secret Council, upon the twenty second day of this instant, a warrant signed by his Majesty, of the date the ninth of September instant; wherein among others of his Majesty's gracious and royal expressions for preservation of the purity of Religion, and due obedience to his Majesty's authority in the maintenance thereof, his Majesty did will and ordain that the Lords themselves should swear the Confession and general Band mentioned in his Majesties said warrant, and also should take such order, as all his Majesty's lieges may subscribe the same. And the said Lords of secret Council, acknowledging his Majesty's pious and gracious disposition and affection to the purity of God's truth, did upon the 22. day of September instant, unanimously and with all humble, hearty, and sincere affection, swear and subscribe the confession of Faith, dated the second of March 1580. according as it was then professed within this Kingdom: Together with the foresaid general Band dated in Anno 1589. And now to the effect that all his Majesty's lieges may give the like obedience to his Majesties so pious desire, therefore the said Lords have ordained and ordains all his Majesty's lieges, of whatsoever estate, degree or quality, Ecclesiastical or Civil, to swear and subscribe the said Confession, dated the second of March 1580. and that according to the said date and tenor thereof, and as it was then professed within this Kingdom: Together with the said general Band, dated in Anno 1589. as they will answer at the contrary upon their obedience. And ordains officers of Arms to pass to the market cross of Edinburgh, and make publication hereof, and at all other places needful, wherethrough none pretend ignorance of the same. ANd next after that was proclaimed the Commission of the Lords of Our Council, whereby they appointed and designed several Commissioners for requiring and taking the subscriptions of Our subjects to the said Confession and Band annexed, throughout the several Shires within the Kingdom, which here followeth. At Holy-rood-house the 24. day of September Anno 1638. FOrsomuch as a noble marquis, James marquis of Hamiltoun, Earl of Arran and Cambridge, his Majesty's Commissioner, and the Lords of Secret Council, by an act of the date of the twenty second of this instant, have by special warrant of his sacred Majesty, sworn and subscribed, with all humble and hearty affection and unanimously, the Confession of Faith, dated the second of March 1580. and at length insert in the Books of Privy Council, of and according to the said date and tenor thereof, and according as it was then professed within this kingdom: Together with the general Band insert therewith in the said books of Privy Council, dated in Anno 1589. Like as also the said Lords of Council, by their Act of the date of these presents, acknowledging his Majesty's pious and gracious disposition and affection to the purity of God's truth, and as thereby they conceive themselves bound in conscience and humble duty to use and follow forth all possible diligence, for procuring the subscriptions of all his Majesty's Liege's thereto. And to this effect, have thought fit that the care and diligence in procuring thereof, be committed to some of his Majesty's Council, and others of the Nobility and Gentry within the several Sheriffedomes and Provinces of the Kingdom, in manner after specified: Therefore the said Lord Commissioner, and Lords of secret Council, give power, warrant, and commission to such of their number, and others after-following, within the bounds after specified, viz. For the sheriffedome of Edinburgh principal, William Earl of Lothiane, Archibald Lord Naper, S. John Dalmahoy of that ilke, S. George Towers of Innerleith. For the Burgh of Edinburgh, the Provost and Bailies of Edinburgh, that are, or shall be for the time. For East-lothiane Robert Earl of Roxburgh, Lord privy Seal, Thomas Earl of Hadintoun, John Earl of Lauderdaill, Harrie Lord Ker, S. Patrick Murrey of Elibanke, S. Patrick Hepburne of Wauchtoun, and James Maxwel of Innerweik. For the Stewartie of Dalkeith, John Earl of Traquair, Lord Treasurer, William Earl of Dalhoussie, and S. James Macgill of Cranstonriddell. For the sheriffedome of Peebles, and Ettrick forest, the said Lord Treasurer, and John Lord Yester. For the sheriffedome of Selkirke, the said Lord Treasurer, the Earl of Hadintoun, S. William Scot of Harden, and General Ruthven. For the sheriffedome of Roxburgh, the Lord Privie-seale, the Earl of Lauderdaill, the Lord Ker, S. Andro Ker of Greenhead, S. William Dowglas Sheriff of Tiviotdaill, and S. Thomas Ker of Cavers. For the Sheriffedome of Bervick, the said Lord Privie-Seale, James Earl of Home, the Earls of Hadintoun and Lauderdaill, and Laird of Blacader. For the sheriffedome of Fyffe, John Earl of Rothes, Charles Earl of Dumfermeline, John Earl of Annandaill, John Earl of Wemes, Lord Fentoun, John Lord Lindsey, David Lord Balcarres, S. Thomas Hope of Craighall Knight Baronet, His Majesty's Advocate, S. Alexander Gibson of Durie, Sir James Learmonth of Balcolmie, and S. Andrew Murrey of Balvaird. For the sheriffedome of Linlithgow, Alexander Earl of Linlithgow, James Lord Amont, S. John Hammiltoun of Orbeston Justice clerk, Dundas of that ilk, and M. George Dundas of Manner. For the sheriffedome of Lanerk, John Earl of Wigtoune, Archibald Lord Angus, Lord fleming, Robert Lord Dalyell, S. William Elphinstoun chief Justice, Sir James Carmichaell of that ilk Treasurer Depute, the said Justice-clerke, S. James Lokhart younger of Lee, Francis Douglas of sandeland's, Gavin Hamiltoun of Raploche, S. James Hamiltoun of Broom-hill, Robert Hamiltoun of Torrence, and Alexander Hamiltoun of Hags sheriff. For the sheriffedome of Striveling, John Earl of Mar, William Earl of Airth, John Earl of Montrose, Alexander Earl of Linlithgow, John Earl of Wigtoun, John Lord Fleming, Alexander Lord Elphinstoun, James Lord Amont, and S. William Murray of Polmais. For the sheriffedome of Dumfreis, William Earl of Queinsberrie, Master of Dalyell, the Laird of Lag, William Maxwell of Kirkhouse, and John Dalyell of Newtoun. For the sheriffdome of Clackmannan, the said Earl of Mar, S. Robert Bruce of Clackmannan, S. Thomas Hope younger of Cars sheriff. For the sheriffedome of Wigtoun, John Earl of Cassils', Alexander Earl of Galloway, Sir John Hamiltoun elder and younger of Barganie, S. Patrick Mackie of Larg, John Murrey of Broughton. For the sheriffedome of Air, Alexander Earl of Eglintoun, Alexander Earl of Glencarne, John Earl of Cassils', William Earl of Dumfreis, William Lord Crichton, John Lord Lowdoun, the Lairds of Barganie elder and younger, the Lairds of Gastoun and Cragiewallace. For the sheriffedome of Renfrew, Alexander Earl of Glencarne, Robert Viscount of Belheaven, S. Archibald Stewart of Black-hall, the Laird of Howston and Bryce Sempill of Cathcart, S. Robert Dowglas of Blaikester, and S. John Maxwell of Pooke. For the sheriffedome of Dumbartan, Argile, and Carbet, the said Earls of Montrose and Wigtoun, the Lords Lorn & Fleming, S. George Stirline of Keir, and S. William Stewart Captain of the Castle of Dumbartane. For the sheriffedome of Perth, stewartries of Monteith and Strathern, the Earls of Airth, Montrois, Athol, Perth, Tullibardin, and Kinnoul, Mungo Viscount of Stormont, the Lairds of Keir and lawyers elder and younger, the Lairds of Duncrub elder and younger, and Blair of Baltheiock. For the sheriffedome of Forfar, the Earls of Montrois, Kingorn, and Southesk, the Lords Carnaegie and Ogilvie, the Master of Spiny, Patrick Maule of Panmure, the Constable of Dundie, S. Andro Fletcher of Innerpeffer, the Lairds of Din, Ethie, Balnamoune, Aldbar, Bonnyton, Lethintie, and Innerquharratie. For the sheriffdome of the Mernes, the Earls of Mairshall and Southesk, the Lord Carnegie, S. Thomas Burnet of Leyes, the Lairds of Glenbervie, Arbuthnet, Morphie, Balmoyne, and Halkerton elder. For the sheriffedome of Aberdene, the marquis of Huntly, the Earls of Mairshall and Kingorne, the Earl of Kingorne for himself, and as Tutor to the Earl of Erroll, the Lords Forbes and Fraser, and Laird of Drum. For the sheriffedome of Banff, the marquis of Huntly, the Earls of Mairshall and Finlatter. For Elgine and Forres, the Earl of Murray, the Laird of Inns, Brodie of that ilk, and Dumbar, sheriff of Murrey. For the sheriffedome of innerness, the marquis of Huntly, the Earl of Seafort, the Lord Lovatt, the Lairds of Grant and Makintosh. For the sheriffedomes of Caithnes and Sutherland, the Earls of Sutherland, Caithnes, and Seafort, the Master of Berridail, and S. Robert Gordoun. For Orkney and Zetland, the Earl of Cariet, S. John Buchannan of Scotiscraig, and Will. Stewart of Maynes. For the sheriffdom of Bute, the Lord Lorn and sheriff of Bute. For the Isles, the Lord Lorn. With power to them conjunctly and severally to pass to the several bounds above-written, at such times & places as they shall think fit, and there to exhibit the said Confession of faith and general Band above-specified, marked and subscribed by the Clerk of Council, and to require all his Majesty's lieges, of whatsoever rank and quality, to subscribe the said Confession of Faith, dated March 2. 1580. according to the said date and tenor thereof, and as it was then professed within this kindgdome together with the general Band dated in Anno 1589. as they will be answerable to his Majesty and the said Lords, upon their duty and obedience: and to make report of their said diligence betwixt and the thirteenth day of November next. ANd because many did conceive, though falsely that these pretended Innovations had made some alteration in the Religion which was sworn at the first in the said Confession, Our Commissioner and Council knowing well that suggestion to be made by those who were enemies to all peace, and only to that end that Our subjects might be kept from returning to their obedience, did declare most truly and justly that Our intention; and so accordingly the oath which they had now taken was to defend the true Religion and Confession of faith as it was professed in that Kingdom, and sworn unto in the year of our Lord 1580. by which they did assuredly conceive that all Our good people would rest fully satisfied. The Act of Council containing that short explication here followeth. Apud Holy-rood-house 22. Septembris Anno 1638. THe which day a Noble marquis, JAMES marquis of Hammiltoun, Earl of Arran and Cambridge, his Majesty's Commissioner, and Lords of secret Council, in all humble and hearty affection unanimously swore, and subscribed the Confession of Faith above-written, dated 2. March 1580. according as it was then professed within this Kingdom: Together with the general Band above specified, dated in Anno 1589. Whereupon S. Thomas Hope of Craighall, his Majesty's Advocate, in his Majesty's name asked instruments. WIth all these Our gracious proceedings the Lords of Our Council were so fully satisfied themselves, that they did verily believe that there would remain no more scruples in the minds of Our good subjects, and that nothing now could keep them from a cheerful and thankful returning to their former obedience. Their own resentment and satisfaction they testified both by an act of Council, and a particular Letter directed to Us for that purpose, which here do follow. The Act of Council. THe Lords of secret Council having read and maturely considered his Majesty's letters, and particular declaration of his pleasure anent the annulling of the Service Book, Book of Canons, and high Commission, discharging the pressing of the practice of the five Articles, making all persons, Ecclesiastic and Civil, of what title or degree soever, liable to the trial and censure of Parliament, general Assembly, and other Judicatories competent, anent the not administrating to Ministers at their entry any other oath then that which is contained in the Act of Parliament anent the subscribing and renewing the Confession of Faith, subscribed by his Majesty's Father of blessed memory, and his household, in Anno 1580. and Band following thereupon, anent the indiction of a general Assembly, to be holden at Glasgow the 21. day. of November, 1638. and Parliament at Edinburgh the 15. of May, 1639. and anent his gracious goodness in forgetting and forgiving all by-gones, and indiction of a Fast for craving of God's blessing to this Assembly; find themselves so fully satisfied therewith, and the same to be so satisfactory for removing all the fears of the subjects anent innovation of Religion or Laws, that we hold ourselves bound in duty, not only to acquiesce therewith, as the best mean to secure both Religion and Laws, but also to use our best endeavours that all his Majesty's good subjects may likewise rest satisfied therewith: And that they with us, and we with them, may testify our thankfulness for so great a grace and goodness with all the hearty expressions of dutifulness and loyalty; And that our true sense hereof may the more clearly appear to our sacred Sovereign, We do by these humbly and heartily make offer of our lives and fortunes in the defending and assisting of his Majesty's sacred person and authority, in the maintenance of the foresaid Religion and Confession, and repressing of all such as shall hereafter press to disturb the peace of this Kirk and Kingdom. In witness whereof we have heartily and freely subscribed these presents with our hands. At Holy-rood-house the 22. day of September, 1638. Sic Subscribitur. HAMMILTOUN. Traquaire, Roxburgh, Mairsheall, Mar, Murray, Linlithgow, Perth, Wigtoun, Kingorne, Tullibardin, Hadington, Annandail, Lauderdail, Kinnoul, Dumfreis, Southesk, Belheaven, Angus, Lorne, Elphinstoun, Naper, Dalyell, Amont, J. Hay, S. Thomas Hope, S.W. Elphinstoun, Ja. Carmichael, J. Hammiltoun, Blackhall. The Letter of Our Council. Most Sacred Sovereign, IF ever faithful and loyal subjects had reason to acknowledge extraordinary favours, shown to a Nation, and in a most submissive and hearty manner give real demonstrations of the grace vouchsafed; then do we of your Majesty's Council, of this your ancient Kingdom, unanimously profess, that such acts of clemency vouchsafed us, cannot proceed from any Prince, saving him who is the lively image on earth of the great God Author of all goodness. For return of so transcendent grace, fortified with the real expression of unparallelled Piety, royal inclination to Peace, and universal love, not only to those of our number, but likewise to all your Majesty's loyal Subjects, we do all in one voice, with all resentment can be imagined, in all humility render our most bounden thanks, and offer, in testimony of our full satisfaction and acquiescence herewith, to sacrifice our lives and fortunes in seconding your Sacred Majesty's commandments, and repressing all such as shall hereafter press to disturb the Peace of the Kirk and Kingdom. And for some small signification of our alacrity and diligence in your Sacred Majesty's service, we have all, without the least shadow of any scruple, subscribed the Confession of Faith and Band appointed to be received by all your Majesty's loyal Subjects, sent the act passed in Council, with our other proceedings, which we do most humbly represent to your Royal view. And we beseech your Majesty to be pleased, to be persuaded of the unviolable devotion of all here subscribers, who do all in all humility pray for your Majesty's most happy and flourishing reign. Sic subscribitur. HAMMILTOUN, Traquair, Roxburgh, Mairsheall, Mar, Murray, Linlithgow, Perth, Wigtoun, Kingorne, Tullibardin, Hadintoun, Annandaill, Lauderdaill, Kinnoull, Dumfreis, Southesk, Belheaven, Angus, Lorn, Elphinstoun, Naper, Dalyell, Amont, J. Hay, S. Thomas Hope, S.W. Elphinstoun, Ja. Carmichael, J. Hammiltoun, Blackhall. IT is not for men to judge of other men's hearts, and of their secret desires, but We do challenge the most rigid Covenanters to name any one particular ever desired by them, in any of their supplications, remonstrances, protestations, declarations, written or printed, exhibited to Us, Our Commissioner, or Council, which is not in this Our gracious Declaration granted to Our people: For not only all and every one of their particular grievances any way petitioned against by them, are hereby discharged and removed, but even the two general things, which they made the people believe was the sum of all their desires and expectations, viz. a free General Assembly and a Parliament are indicted, and in that order upon which they stood so earnestly, first the Assembly, and then the Parliament: And besides all these, their own Confession of faith, the ground as they pretend, of their Covenant renewed and established. Who would not now have expected a happy period to all the distractions of that Kingdom, upon this Our gracious assenting to all their own desires? But the devilish obstinacy and malice of those factious spirits, who did see that all their designs were utterly defeated, and that their hopes for compassing of them were now a bleeding and drawing their last breath, if they could not find some means to blindfold Our people's eyes, and so keep them from discerning and acknowledging Our grace and goodness towards them: They presently before the hour that this Our Declaration was to be proclaimed, filled Our people's minds and ears with fearful expectations of most terrible things to be delivered in this Our Proclamation, and so destructive of the laws and liberties of that Church and Kingdom, especially of their late sworn Covenant, that presently they wrought the people to a detestation of Our Declaration, before they knew what it was: They presently erected a large scaffold under the Cross where Our Proclamation was to be made, upon which were mounted, not one or two from every Table, to protest in the name of the rest, as heretofore they had done, but a great number of Earls, Lords, Gentlemen, and others, with their swords in their hands, and hats on their heads▪ not without jeering and laughing during all the time of Our Proclamation; which no sooner was ended, but with a most insolent and rebellious behaviour they assisted one Johnston in reading of a most wicked, treasonable, and ignorant Protestation, which within few days after they printed and We do here insert, as being confident that all subjects in the world who shall come to read it, will abhor and detest it, if ever they did feel in their own hearts the least touch or taste of a Prince's favour and clemency, or carry any affection to loyalty, justice, and government: The very reading of it will bring every good subject and religious honest man so far out of love with it, as it needeth no further confutation than the very perusal of it: For who can endure to hear Scripture so grossly abused, the holy name of God so solemnly invocated as a witness to such notorious falsehoods; to their rebellious courses and Covenant those attributes of infallibility given, which are only proper to the sacred Scripture; and royal authority affronted with such peremptory asseverations, ignorant and senseless reasons, the falsehood and inconsequence whereof must needs appear upon first view to any one who shall cast his eye upon them? The Protestation follows, thus. The Protestation of the Noblemen, Barons, Gentlemen, Burrows, Ministers, and Commons, etc. We Noblemen, Barons, Gentlemen, Burgesses, Ministers, and Commons, his Majesty's true and loyal subjects, That whereas our continual supplications, complaints, articles, and informations, presented, first, to the Lords of his Majesty's Privy Council; next, to his sacred Majesty, and last, from time to time to his Majesty's Commissioner, our long attendance and great patience this twelvemonth bygone, in waiting for satisfaction of our most just desires, our zeal to remove all rubs out of the way, which were either mentioned unto us, or could be conceived by us, as hindrances of our pious intentions, aiming at nothing but the good of the Kingdom, and preservation of the Kirk, which by consumption or combustion is likely to expire; delighting to use no other means but such as are legal, and have been ordinary in this Kirk since the reformation, and labouring according to our power and interest, that all things might be carried in a peaceable manner, worthy of our Profession and Covenant, our Protestation containing a hearty thanksgiving for what his Majesty in his Proclamation from his justice had granted of our just desires; and our Protests and hopes for so much as was not as yet granted. All these made us confidently to expect from his Majesty's Royal and compassioned disposition towards this his native Kingdom, that a free General Assembly and Parliament should have been indicted, as the ordinary and most proper remedies of our grievances, and did constrain us to renew our petition, earnestly entreating, that his Majesty's Commissioner would be pleased to represent unto his Majesty the condition of this Kirk and Kingdom, crying in an extreme exigency for present help, with the lawfulness of the remedies prescribed by his Majesty's Laws, required by us, and presented to him in some particular Articles, which his Grace promised to recommend to his Majesty, and to do his best endeavours for obtaining the same; especially the first Article, that there might be indicted a full and free General Assembly, without prelimitation, either in the constitution and members thereof, in the order and manner of proceeding, or in the matters to be treated: And if there should be any question or doubt about one of these, or such like particulars, that the determination thereof might be remitted to the Assembly itself, as the only proper and competent judge. And now, after so many supplications, complaints, articles, and informations; after our necessary protestation, expressing the humble thankfulness and continued desires of our hearts; after so long expectation and so much dealing, having with open ears, and attentive minds heard his Majesty's Proclamation, it is our desire, purpose, and endeavour so to proceed, that we may upon the one part still be thankful to God and the King, for the least blink of his Majesty's countenance, and the smallest crumbs of comfort that fall unto us from his Majesty's Royal hands; beseeching the Lord yet further to enlarge his Majesty's heart, for our full satisfaction and rejoicing, to the honour of God, the good of this Kirk and Kingdom, and his Majesties never dying fame and glory; that his wise government and zeal to the service of God, may be a measure and pattern of desires to all generations hereafter, when they shall be wishing for a religious and righteous King: And on the other part, that Christ our Lord, the King of Kings, through our neglect or lukewarmness may want no part of his Sovereignty and Dominion, and that in our Religion, which is more dear unto us than our lives, we deceive not ourselves, with that which cannot satisfy and make up the breach of this Kirke and Kingdom, or remove our fears, doubts, and suspicions, of the innovations of Religion: This hath made us to observe, and perceive, that his Majesty's Proclamation doth ascribe all the late distractions of this Kirke and Commonwealth, to our conceived fears of the innovation of Religion and Law, as the cause and occasion thereof, and not to the innovations themselves, with which we have been for a long time, and especially of late, heavily pressed and grieved; as if the cause were rather in apprehension and fancy, then in reality and substance. That the Service book and book of Canons are not so far discharged by this Proclamation, as they have been urged by preceding Proclamations; for this Proclamation only dischargeth the practice of them, and rescinds the Acts made for establishing their practice, but doth not rescind the former Proclamations; namely, that of the 19 of February at Stirling, and that of the fourth of July at Edinburgh, which give an high approbation to these Books, as fit means to maintain Religion, and to beat down all superstition; and withal declares his Majesty's purpose, to bring them into this Kirk in a fair and legal way: And thus both our fears that they may be introduced hereafter, must still remain; and the liberty of the General Assembly, by such a Declaration of his Majesty's judgement, is not a little prejudged in the minds of so many as wisely consider and compare the preceding Proclamations with this which we now hear, although others who looking upon one step and not upon the whole progress, run on rashly, and, neither considering what they are doing, nor with whom they are dealing, may be easily deceived, Qui pauca videt, citò judicat, a short sight maketh a sudden judgement. That it is declared in this Proclamation, That his Majesty neither intendeth to innovate any thing in Religion or Laws, or to admit of any change or alteration in the true Religion already established and professed in this Kingdom: and withal, this is interposed, That the articles of Pearth are established by the acts of Parliament and general Assembly, and dispensation of the practice only granted, and discharge given, that no person be urged with the practice thereof; and consequently, his Majesty's intention for the standing of the Acts of the Assembly and Parliament, appointing the Articles of Pearth, is manifest; which is no small prejudice to the freedom of the General Assembly, That while the Proclamation ordaineth all his Majesty's subjects to be liable to the trial and censure of the judicatories competent, and that none of them shall use any unlimited and unwarranted power; likewise that no other oath be administered to Ministers at their entry, then that which is contained in the Act of Parliament; in both these Articles the Bishops are meaned, who are only thereby for the present kerbed, against their exorbitancy and enormities in exercing their office: but the office of Bishops is thereby not only presupposed as unquestionable, but also so strongly established, that his Majesty declareth, for the present, his intention, to admit no innovation therein: which is more evident by the indiction of the Parliament, warning all Prelates to be present, as having voice and place in Parliament; and by the indiction of the Assembly, warning all Archbishops and Bishops (for so are their diverse degrees and offices Ecclesiastical here designed and supposed) to be present, as having place and voice in the Assembly, contrary to the caveats, acts of the Kirk, and our declinator: And thus a third and great limitation is put upon the General Assembly. The Proclamation, by reason of these many real limitations, and prejudices of the liberty of the Assembly in the very points which have wrought so much woe and disturbance in this Kirk and Kingdom, and wherein the liberty of the Assembly is most useful and necessary at this time, can neither satisfy our grievances and complants, nor remove our fears and doubts, nor cannot (without protestation) be admitted by us his Majesty's subjects, who earnestly desire that Truth and Peace may be established; and that for the reasons following. 1. TO keep silence in any thing that may serve for the good of the Kirk, whether it be in preaching, prayer, or in proposing and voyceing in a lwfull Assembly of the Kirke, is against the word of God. isaiah. 62.6. Ye that are the Lords remembrancers, keep not silence, and give him no rest till he establish, and till he make Jerusalem a praise in the earth. 1. King. 18.21. Like the halting of the people between two opinions, and their not answering a word, when the Lord called them to give a testimony. Act. 20.20. I have keeped back nothing that was profitable unto you: and again, 1 Cor. 12.7. Mat. 15.18. Rom. 1.18. Revel. 2.14.20. and 3.15: and therefore to keep silence, or not to meddle with corruptions, whether in doctrine, sacraments, worship or discipline, in a general Assembly of the Kirk, convened for that end, were the ready way to move the Lord to deny his Spirit unto us, and to provoke him to wrath against our proceedings, and might be imputed unto us for prejudice, for collusion, and for betraying ourselves and the posterity. 2. This predetermination is against our supplications and protestations, wherein we have shown ourselves so earnest for a free general Assembly, contrary to every limitation of this kind, so far prejudging the liberty thereof, is against the Confession of Faith registrated in the Parliament 1567. declaring that one cause of the Counsels of the Kirk is for good policy and order to be observed in the Kirk, and for to change such things as men have devised when they rather foster superstition then edify the Kirke, using the same; and is against our late Confession, wherein we have promised to forbear all novations till they be tried, which obligeth us to forbear now, and to try them in an Assembly, and by all lawful means▪ to labour to recover the former purity and liberty of the Gospel, to which this limitation is directly repugnant, our liberty in a General Assembly being the principal of all lawful means serving to that end. 3. This were directly contrary to the nature and ends of a general assembly, which having authority from God, being convened according to the laws of the Kingdom, and receiving power from the whole collective body of the Kirke, for the good of Religion, and safety of the Kirke; Whatsoever may conduce for these good ends in wisdom and modesty should be proponed, examined, and determined without Prelimitation, either of the matters to be treated, or of the liberty of the members thereof. It being manifest, that as far as the assembly is limited in the matters to be treated, and in the members to be used, the necessary ends of the Assembly, and the supreme Law, which is the safety of the Kirke, are as far hindered, and pre-judged. This limitation is against the Discipline of the Kirke, which Book 2. chap. 7. declareth this to be one of her liberties, That the Assembly hath power to abrogate and abolish all Statutes and ordinances concerning Ecclesiastical matters that are found noisome and unprofitable, and agree not with the time, or are abused by the people, and against the acts of the general assembly. Like as the pretended Assembly 1610. declareth for the common affairs of the Kirk (without exception or limitation) it is necessary that there be yearly general Assemblies, And what order can be hoped for hereafter, if this assembly indicted after so long intermission, and so many gross corruptions be limited, and that more than ever any lawful Assembly of the Kirk was, when it was yearly observed. 5. It is ordained in Parl. 11. act. 40. K. James 6. anent the necessary and lawful form of all Parliaments that nothing shall be done, or commanded to be done, which may directly or indirectly prejudge the liberty of free voicing or reasoning of the Estates, or any of them in time coming. It is also appointed in Parl. 6. act. 92. K. James 6. that the Lords of Counsel and Session proceed in all civil causes intended or depending before them, or to be intended, to cause execute their decrees notwithstanding any private writing, charge, or command in the contrary, and generally by the acts of Parliament appointing every matter for its own judicatory, and to all judicatories their own freedom. And therefore much more doth this liberty belong to the supreme judicatory ecclesiastic in matters so important as concerneth God's honour and worship immediately, the salvation of the people's Souls, and right constitution of the Kirk whose liberties and privileges are confirmed Parl. 12. K. James 6. Parl. 1. K. Charles, for if it be carefully provided by divers Acts of Parliament, especially Parl. 12. act 148. K. James 6. That there be no forstalling or regrating of things pertaining to this natural life: What shall be thought of this spiritual for stalling and regrating which tendeth to the famishing or poisoning of the souls of the people both now and in the generations afterward. 6. It were contrary to our Protestations, proceedings and complaints against the late innovations. And it might be accounted an innovation and usurpation as gross & dangerous to us, and the posterity, and as prejudicial to Religion as any complained upon by us, to admit limitations, and secret or open determinations, which belongeth to no person or judicatory, but to an Assembly, Or to consent to, and approve by our silence the same predeterminations, It were to be guilty of that ourselves, which we condemn in others. We may easily judge how the Apostles before the Council of Jerusalem, the Fathers before the Nicene Council, and our Predecessors before the assembly holden at the Reformation, and afterwards, would have taken such dealing. That this Proclamation commandeth all his Majesty's Subjects for maintenance of the Religion already established to subscribe and renew the Confession of Faith subscribed before in the year 1580, and afterward. And requireth the Lords of privy Council to take such course anent the same, and the general Band of Maintenance of the true Religion, and the King's person, that it may be subscribed, and renewed throughout the whole Kingdom with all possible diligence, which cannot now be performed by us. For although of late we would have been glad that ourselves and other his Majesty's Subjects had been commanded by authority to swear, and subscribe the general Confession of Faith against Popish errors, and superstitions and now would be glad that all others should join with us in our late Covenant & Confession, descending more specially to the novations and errors of the time, and obliging us to the defence of Religion; and of the King's Majesty's person, and authority, and for these ends to the mutual defence every one of us of another, Yet can we not now after so necessary, and so solemn a specification return to the general for the reasons following. 1. No means have been left unassayed against our late Confession of Faith and Covenant so solemnly sworn and subscribed. For first we were pressed with the rendering and rescinding of our Covenant. Next an alteration in some substantial points was urged. 3. A Declaration was motioned, which tended to the enervation thereof, and now we find in the same strain, that we are put to a new trial, and the last mean is used more subtle than the former: That by this new subscription our late Covenant, and Confession may be quite absorbed and buried in oblivion, that where it was intended & sworn to be an everlasting Covenant never to be forgotten, it shall be never more remembered, the one shall be cried up, and the other drowned in the noise thereof, And thus the new subscription now urged (although in a different way) shall prove equivalent to the rendering of the Covenant, or what of that kind hath before been assayed. Like as the reasons against the rendering of the Covenant, do militate directly against this new motion. 2. If we should now enter upon this new Subscription, we would think ourselves guilty of mocking God, & taking his Name in vain, for the tears that began to be poured forth at the solemnising of the Covenant are not yet dried up & wiped away, and the joyful noise which then began to sound hath not yet ceased▪ and there can be no new necessity from us, and upon our part pretended for a ground of of urging this new subscription, at first intended to be an abjuration of Popery upon us who are known to hate popery with an unfeigned hatred, and have all this year bygone given large testimony of our zeal against it. As we are not to multiply miracles on God's part, so ought we not to multiply solemn oaths and Covenants upon our part, and thus to play with oaths, as children do with their toys, without necessity. 3. Neither would we in giving way to this new subscription think ourselves free of perjury: for as we were driven by an undeclinable necessity to enter into a mutual Covenant, so are we bound, not only by the law of God and nature, but by our solemn oath and subscription, against all divisive motions to promove and observe the same without violation: and it is most manifest, that having already refused to render, alter, or destroy our Covenant, nothing can be more contrary and adverse to our pious intentions and sincere resolutions, than to consent to such a subscription and oath, as both in the intention of the urgers, and in the nature and condition of the matter urged, is the ready way to extinguish, and to drown in oblivion the Band of our union and conjunction that they be no more remembered. In this case we are called to lay seriously to our hearts, 1, That we have sworn that we shall neither directly, nor indirectly suffer ourselves to be divided and withdrawn from this blessed and loyal conjunction, which consisteth not only in the general Confession, but also in our explanation, & application thereof, but on the contrary, shall by all lawful means, labour to further and promove the same. 2. That our union and conjunction may be observed without violation, (and so without mutilation of our application) we call the living LORD to witness, as we shall answer to Christ in the great Day, etc. 4. This new subscription, in stead of performing our vows, would be a real testimony and confession before the World, That we have been transgressors in making rash vows, that we repent ourselves of former zeal and forwardness against the particulars expressed first in our Supplications, Complaints, and Protestations, and next abjured in our Covenant, that we in our judgement prefer the general Confession unto this, which necessarily was now made more special; and that we are now under the fair pretext and honest cover of a new oath, recanting and undoing that, which upon so mature deliberation we have been doing before, This beside all other evils, were to make way and open a door to the reentry of the particulars abjured, and to repent ourselves of our chiefest consolations, and to lie both against God and our own souls. 5. It hath been often objected, that our Confession of Faith, & Covenant was unlawful, because it wanted the warrants of public authority, and it hath been answered by us, that we were not destitute of the warrant civil and ecclesiastical which authorised the former Covenant. And although we could have wished that his Ma.tie had added both his subscription & authority unto it, yet the less constraint from authority and the more liberty, the less hypocrisy, and more sincerity hath appeared: But by this new subscription urged by authority we both condemn our former subscription as unlawful, because alleged to be done without authority, and precondemn also the like laudable course in the like necessity to be taken by the posterity. 6. What is the use of merch-stones upon borders of Lands, the like use hath Confessions of Faith in the Kirk, to disterminate and divide betwixt Truth and error: and the renewing and applying of Confessions of Faith to the present errors and corruptions, are not unlike riding of merches. And therefore to content ourselves with the general, and to return to it, from the particular application of the Confession necessarily made upon the invasion or creeping in of errors within the borders of the Kirk, if it be not a removing of the merch stone from the own place, it is at least the hiding of the merch in the ground that it be not seen, which at this time were very unseasonable for two causes. One is, because Popery is so pregnant, and powerful in this land, as we have learned of late. The other, because the Papists who upon the urging of the Service book & Canons, have presumed of our return to Rome, will upon this our subscription arise from their dispareing of us, unto their wont presumption. None of us will deny, but the large Confession of Faith registrated in the Acts of Parliament, doth by consequence contain this short confession and abjuration: Yet were it not sufficient against Popery to subscribe the one without the other: how then shall we think that the more general Confession & abjuration at this time, when the urging of such Popish books hath extorted from us so necessary an application, and doth still call for a testimony, to be complete enough without it. 7. The Papists shall hereby be occasioned to renew their old objection against us, Annuas & menstruas fides de Deo decernunt, That our Faith changeth with the Moon, or once in the year. Other reformed Kirks might justly wonder at our inconstancy in changing our Confession without any real necessity, and that in one and the same year it cometh forth larger, & more particular, than shorter, & more general: and our Adversaries will not fail to traduce us as troublers of the peace of the Kirk & kingdom without any necessary cause. 8. It will likewise prove a confirmation of their error, who think they may both subscribe the Confession of Faith, and receive the Service book, and Canons, which is not only a direct scandaling of them, but also a ready way to put a weapon in their hands against ourselves, who maintain and profess that these and such other evils are abjured in the Confession of Faith. 9 If we should now swear this Confession, we should be obliged by our oath to maintain Perth articles, which are the innovations already introduced in the worship of God, and to maintain Episcopacy, with the civil places, and power of Kirkmen. Because we are bound to swear this Confession by virtue of & comform unto the Kings command signed by his sacred Majesty of the date September 9 1638. (These are the very words subjoined to the Confession and Band, and prefixed to the Subscriptions) and it cannot be denied, but any oath ministered unto us, must either be refused, or else taken according to the known mind, professed intention, and express command of Authority urging the same: And it is most manifest, that His Majesty's mind, intention, and Commandment, is no other, but that the Confession be sworn, for the maintenance of religion, as it is already or presently professed, (these two being coincident, altogether one and the same, not only in our common form of speaking, but in all His Majesty's proclamations) and thus as it includeth, and containeth within the compass thereof, the foresaid novations and Episcopacy, which under that name were also ratified, in the first Parliament holden by his Majesty. And where it may be objected, that the Counselors have subscribed the Confession of Faith, as it was professed 1580. and will not urge the Subscription in another sense upon the Subjects. We answer, First, the Act of Counsel containing that declaration, is not as yet published by Proclamation. Secondly, if it were so published, it behoved of necessity either be repugnant to His Majesty's declared judgement and Command, which is more nor to swear without warrant from Authority (a fault although unjustly, often objected unto us) or else we must affirm the Religion in the year 1580. and at this time to be altogether one and the same; and thus must acknowledge, that there is no novation of Religion, which were a formal contradiction to that we have sworn. 3. By approving the Proclamation anent the Oath to be administered to Ministers, according to the Act of Parliament, which is to swear simple obedience to the Diocesan Bishop, and by warning all Archbishops and Bishops to be present; as having voice and place in the Assembly: They seem to determine, that in their judgement the Confession of Faith, as it was professed 1580. doth consist with Episcopacy, whereas We by our oath have referred the trial of this or any other question of that kind to the general Assembly & Parliament. 10. This subscription & oath in the mind & intention of authority, & consequently in our swearing thereof, may consist with the corruptions of the Service book & Canons, which we have abjured as other heads of Popery: For both this present proclamation, and his Majesty's former proclamations at Linlithgow, Striveling, Edinburgh; The Lords of privy Counsel in their approbation of the same; and the prelate's and doctor's who stand for the Service book & Canons, Do all speak plainly, or import so much, That these books are not repugnant to the Confession of Faith; and that the introducing of them is no novation of religion or law: And therefore we must either refuse to subscribe now, or we must confess contrary to our late Oath, and to a clear Truth, That the Service book and Canons are no innovations in Religion. And, though the present books be discharged by proclamation, yet if we shall by any deed of our own testify, that they may consist with our Confession of Faith, within a very short time, either the same books, or some other like unto them, with some small change, may be obtruded upon us, who by Our abjuration (if we adhere unto it) have freed both ourselves, and the posterity of all such corruptions, and have laid a fair foundation for the pure worship of God in all time coming. 11. Although there be indeed no substantial difference between that which We have subscribed, & the Confession subscribed 1580. more than there is between that which is hid, and that which is revealed; A march stone hid in the ground, and uncovered, betwixt the hand closed and open, betwixt a sword scheathed and drawn, or betwixt the large Confession, registrat in the Acts of Parliament, and the short Confession, or (if we may with reverence ascend yet higher) between the Old Testament & the New, yet as to scheath our sword when it should be drawn, were imprudency; or at the commandment of Princes, professedly popish in their dominions, after the Subjects had subscribed both Confessions, to subscribe the first without the second, or at the will of a jewish Magistrate, openly denying the New Testament, to subscribe the Old alone, after that they have subscribed both, were horrible impiety against God, and Treachery against the Truth: Right so, for Us to subscribe the former apart, as it is now urged and framed, without the explanation and application thereof at this time, when ours is rejected; and the subscribers of the former refuse to subscribe ours, as containing something substantially different, and urge the former upon us, as different from ours, and not expressing the special abjuration of the evils, supplicated against by us, were nothing else, but to deny and part from our former subscription, if not formally, yet interpretatively. Old Eleazar, who would not seem to eat forbidden meat, and the Confessors and Martyrs of old, who would not seem by delivering some of their papers, to render the Bible, or to deny the Truth, may teach us our duty in this case, although our lives were in hazard for refusing this Subscription: And who knoweth, but the LORD may be calling His people now, who have proceeded so far in professing His Truth at this time, to such Trials and Confessions, as His faithful Witnesses have given of old; that in this point also our doing may be a document both to the succeeding ages, and to other Kirks to whom for the present we are made a spectacle. 12. If any be so forgetful of his oath (which God forbid) as to subscribe this Confession, as it is now urged, he doth according to the proclamation acquiesce in this declaration of his Majesty's will, and doth accept of such a pardon as hath need to be ratified in parliament, And thus doth turn our glory unto shame, by confessing our guiltiness, where God from Heaven hath made us guiltless, and by the fire of His Spirit from Heaven hath accepted of our service, And doth depart from the commandment of God, the practice of the Godly in former times, and the worthy and laudable example of our worthy & religious progenitors, in obedience whereof, and conform to which We made profession to subscribe: for there is no particular Act required of us, to whom the pardon is presented in this proclamation, but this new subscription allanerlie. 13. The general band now urged to be subscribed, as it containeth many clauses not so fitting the present time as that wherein it was subscribed, so is it deficient in a point, at this time most necessary, Of the reformation of our lives, that we shall answerably to our profession, be examples to others, of all Godliness, soberness and righteousness and of every duty we owe to GOD and main; without which we cannot now subscribe this Confession, lest we lose the bands to wickedness, seem to repent of our former resolutions and promises, and choose to have our portion with hypocrites, professing and swearing that we know GOD, but in our works denying him, being abominable, disobedient, and unto every good work reprobate. 14. Since the narrative of the general band is now changed, & some lines, expressing at length the Papists, and their adherents to be the party from whom the danger to Religion, and the King's Majesty was threatened, are left out, and no designation made of the party from whom the danger is now threatened, We are made either to think, that our subscription at this time is unnecessary, or to suspect that we who have supplicated and entered in Covenant, are understood to be the party; especially since the Lords of Council have in the Act September 22. ratifying the Proclamation, found themselves bound to use their best endeavours, that all his Majesty's good Subjects may rest satisfied with his Majesty's Declaration; since also we have been (although undeservedly) challenged of disorders, distractions, and dangers to Religion, and his Majesty's authority; and since in the foresaid Act and in the missive directed to his Majesty, the Lords of Council offer their lives and fortunes to his Majesty, in repressing all such, as shall hereafter press to disturb the peace of this Kirk and Kingdom; which being expressed in a generality is by many applied to us, and interpreted of our adhering to our Covenant; We should therefore, by our subscription of the Covenant, as it is now conceived, both do directly against our own minds, in condemning ourselves, wherein we are innocent, and should consent to our own hurt, to the suppressing of the cause which we maintain, and to the repressing mutually one of us of another, directly contrary to our former solemn Oath and subscription. 15. The subscribing of this Confession by the Lords of his Majesty's privy Council, who by their place and high employment are public Peacemakers, and by others who have not subscribed the late Confession will make the breach wider, and the lamentable division of this Kirk more desperate than ever before; some having sworn to labour by all lawful means to recover the former Liberty, and purity of Religion; and others, maintaining that for purity, which is already established; some believing and professing that the evils supplicated against, are abjured in that Confession of Faith; and others maintaining the Confession of Faith, and these corruptions (although for the present discharged by authority) not to be inconsistent: and beside this, many divisions and subdivisions will ensue to the dulefull renting of the Kirk and Kingdom, making way for the wrath and many judgements of God often threatened by his faithful servants, which all the godly aught to labour by all means to prevent. 16. We represent also to the honourable Lords of privy Council to be considered, That the Doctrine, Discipline, and Use of Sacraments are sworn, and the contrary abjured, according to the Word of God, and the meaning of the Kirk of Scotland in the books of Discipline, and Acts of Assemblies; And that in the Oath there is no place left to the generality of any man's conception of the true Faith and Religion, nor to any private interpretation, or mental reservation. For these and the like considerations, in our own name, and in name of all who will adhere to the late Covenant, subscribed by us, and sealed from Heaven, We (from our duty to God, our King, our native Country, ourselves, and the posterity, lest our silence import a satisfaction of our desires, and a stopping of our mouths from necessary supplication for things yet to be obtained from his Majesty's just and gracious disposition) are constrained to declare and protest; First, that the cause and occasion of the distractions of the Kirk and Commonwealth, are no ways to be imputed unto us, or our needless fears, but to the innovations and corruptions of Religion, which against the Acts and order of this Kirk, and the Laws of the Kingdom, have been pressed upon us the people of God, and his Majesty's loyal subjects; who, although under great thraldom, were living in peace and quietness, labouring in all godliness and honesty to do our duty to God and man. Secondly, We protest, that all questions and doubts that arise, concerning the freedom of the Assembly, whether in the constitution and members thereof, or in the matters to be treated, or in the manner and order of proceeding, be remitted to the determination of the Assembly itself, as the only proper and competent judge; And that it shall be lawful for us, being authorized with lawful Commissions, as at other times when the urgent necessity of the Kirk shall require, so in this exigence to assemble ourselves at the Diet appointed, notwithstanding any impediment or prorogation to the contrary: And being assembled, against all qualifications and predeterminations, or presupposals to propone, treat, reason, vote, and conclude, according to the Word of God, confession of Faith, and Acts of lawful Assemblies, in all Ecclesiastical matters, pertaining to the Assembly, and tending to the advancement of the Kingdom of Christ, and good of Religion. Thirdly, since Archbishops and Bishops have no warrant for their office in this Kirk, since it is contrary both to reason and to the Acts of the Kirk, that any have place and voice in the Assembly, who are not authorized with lawful Commissions; and seeing both in common equity, and by the tenor of this Proclamation, they are made liable to the trial and censure of the Assembly, We protest, that they be not present, as having place or voice in the Assembly, but as rei to compeer, for underlying trial and censure upon the general complaints already made, and the particular accusations to be given in against them; And that the warning given by his Majesty's Proclamation, and this our Protestation, be a sufficient citation to them, to compeer before the Assembly, for their trial and censure, in life, office, and benefice. Fourthly, We solemnly protest, that We do constantly adhere to our Oath and subscription of the Confession of Faith and Covenant, lately renewed and approven with rare and undeniable evidences from heaven, of the wonderful workings of his Spirit in the hearts both of Pastors and people, through all the parts of the Kingdom; And that we stand to all parts and clauses thereof, and particularly to the explanation and application, containing both our abjuration of, and our union against the particular evils and corruptions of the time; a duty which the Lord at this time especially craveth at our hands. Fifthly, We also protest, that none of us who have subscribed, and do adhere to our subscription of the late Covenant, be charged, or urged, either to procure the subscriptions of others, or to subscribe ourselves unto any other Confession or Covenant, containing any derogation thereunto, especially that mentioned in the Proclamation, without the necessary explanation and the application thereof, already sworn by us, for the Reasons above expressed: And because, as we did in our former Protestation appeal from the Lords of his Majesty's Council, so do we now by these renew our solemn appeal, with all solemnities requisite, unto the next free General Assembly and Parliament, as the only supreme national Judicatories competent, to judge of national causes and proceedings. Sixthly, We protest, That no subscription, whether by the Lords of Council or others, of the Confession mentioned in the Proclamation, and enjoined for the maintenance of Religion, as it is now already, or at this present time established and professed within this Kingdom, without any innovation of Religion or Law, be any manner of way prejudicial to our Covenant, wherein we have sworn to forbear the practice of Novations already introduced, etc. till they be tried in a free Assembly, And to labour by all lawful means, to recover the purity and liberty of the Gospel as it was established and professed before the foresaid Innovations: And in like manner, that no subscription foresaid be any derogation to the true and sound meaning of our worthy predecessors, at the time of their subscription in the year 1581. and afterward. Withal, warning and exhorting all men who lay to heart the cause of Religion, against the corruptions of the time & the present estate of things, both to subscribe the Covenant as it hath been explained, and necessarily applied; and as they love the purity and liberty of the Gospel, to hold back their hands from all other Covenants, till the Assembly now indicted be convened, and determine the present differences and divisions, and preserve this country from contrary oaths. Seventhly, As his Majesty's royal clemency appeareth in forgiving and forgetting what his Majesty conceiveth to be a disorder or done amiss in the proceeding of any; so are we very confident of his Majesty's approbation, to the integrity of our hearts and peaceableness of our ways and actions all this time past: And therefore We protest that we still adhere to our former complaints, protestations, lawful meetings, proceedings, mutual defences, etc. All which, as they have been in themselves lawful, so were they to us, pressed with so many grievances in his Majesty's absence from this native kingdom, most necessary, and aught to be regarded as good offices, and pertinent duties of faithful Christians, loyal subjects, and sensible members of this Kirk and Commonwealth, as we trust at all occasions to make manifest to all good men, especially to his sacred Majesty, for whose long and prosperous government, that we may live a peaceable and quiet life in all godliness and honesty, We earnestly pray. WHereupon a noble Earl, James Earl of Montrose, etc. in name of the Noblemen; M. Alexander Gibson younger of Durie, in name of the Barons; George Porterfield Merchant Burgess of Glasgow, in name of the Burrowes; M. Harry Rollock Minister at Edinburgh, in name of the Ministers; and M. Archbald Johnston Reader hereof, in name of all who adhere to the Confession of Faith and Covenant, lately renewed within this Kingdom, took instruments in the hands of three Notars present, at the said market Cross of Edinburgh, being environed with great numbers of the foresaid Noblemen, Barons, Gentlemen, Burrows, Ministers, and Commons, before many hundred witnesses, and craved the extract thereof: And in token of their dutiful respect to his Majesty, confidence of the equity of their cause, and innocence of their carriage, and hope of his Majesty's gracious acceptance, they offered in all humility with submiss reverence a copy thereof to the Herald. ANd now for trial of what We have said, the Reader may reflect upon these particulars: Not far from the beginning, they aver that they did confidently expect from Us a free General Assembly and Parliament to be indicted, and that Our Commissioner promised to recommend unto Us this their suit for a free General Assembly, without prelimitation either in the constitution and members thereof, in the order and manner of proceeding, or in the matters to be treated of; and do insinuate as if We had not given order for any such Assembly in Our Declaration; which every Reader (looking upon Our Declaration) may see to be most untrue: for in it We give warrant to Our Commissioner to indict a free General Assembly; nor is there there either mention or meaning of any prelimitation, though they themselves did use very many, some whereof you have heard already, and shall hear of more hereafter. Afterwards they quarrel with Our Declaration for ascribing all the late distractions of this Church and Commonwealth to their conceived fears of the Innovation of Religion and Laws, and not to the Innovations themselves: No doubt a great crime, that We will not acknowledge that the Service Book, which was penned at first by those who laid down their lives in opposition to Popery, is an introduction to Popery; and We do profess that We did discharge that Book only to remove their fears and doubts, and ease their pretended grievances: nor can We condemn that Book, without condemning the Service Book of England, for the Covenanters arguments strike alike at both. Then immediately after, They take it ill that though We have discharged the practice of these pretended Innovations, and voided all Acts made for the establishing of them, yet We have not rescinded Our former Proclamations at Sterling and Edinburgh; As if nothing could content them, unless We should disgrace Our own Proclamations, which did not any way establish or authorise the things complained of: nay more, unless We will call back Our own words, which cannot be interpreted to any such sense as they would force upon them, they would make Our people believe, that the liberty of the general Assembly is prejudged, &, in a suspicious, undutiful and dangerous phrase, tell them, That they do not consider with whom they are dealing; as if no trust were to be given to Us: Next, they quarrel with Our discharging of the practice of the Articles of Perth, but not the Articles themselves which are established by acts both of Parliament and General Assembly; and yet We dare say, that they would hold it for a strange position, if We should use Our Prerogative to the disannulling of any thing established by these two Judicatories; nay, if We and the Parliament jointly should (as the world goeth now) offer to disannul any act of their General Assembly: so glad they are to quarrel with Our Declaration, that in their eagerness they destroy their own grounds. Their next cavil, if it were possible, is as senseless as the former, whereby they aver, that Our naming of Bishops in Our Proclamation for the indiction of the Assembly is a prelimitation of it, because thereby We take it as granted, that the office of a Bishop is unquestionably an office in that Church and Kingdom▪ and this they call a great prelimitation put upon the Assembly; but with what show of consequence We cannot possibly conceive: for who would not take that undoubtedly for an office in any Church or Kingdom, which is established by the Laws and acts of both? and such is the office of a Bishop in that Kingdom: After these fancied prelimitations, they add six reasons why they should not be admitted; which are so ignorant and simple, as it is not possible to draw them into any form of reasoning or concluding: and though they could be so drawn, yet they were very needless; for to what end should reasons be brought against the admitting of these prelimitations, when there were no prelimitations offered, and these that are alleged are no prelimitations at all? And therefore these six Reasons, at least so called by them, are to be passed over with contempt, as having not one word in them worthy the answering. Next, they muster up sixteen Reasons against the subscription to the confession of Faith urged by Our authority in that Declaration, of the very same piece with the former six Reasons, every way as full of nonsense as they; The first is, that it will make their Covenant be forgotten: a matter of great consequence indeed, that their unlawful Acts should be drowned by any Act of lawful authority. For this We think they should thank Us: The second reason is, that if they should subscribe this confession now, they would think themselves guilty of mocking God: a notable whimsy, that Acts of authority must want obedience if they cross some people's foolish thoughts and idle fancies; but in the mean time what a fearful mocking of God, and taking of his name in vain is it for them to say so, and use that great name for so groundless a suspicion? The third reason is, that they are afraid that this subscription will introduce a division amongst themselves, it being against their Oath, in their late Covenant, to admit of any divisive motions. And truly whatsoever they pretend in all their other reasons, this is the main, if not the only reason of the principal Covenanters furious proceedings in all their ways, and especially in this their Protestation, because they did plainly perceive that if Our people should once see and acknowledge Our Grace and clemency, or be brought to subscribe to the same thing by Our authority, to which they had subscribed before by their persuasion, than they would begin again to relish government, and so fall off, and divide themselves from those who have resolved never to endure it: In the mean time, the Reader shall do well to observe the wonderful strength of this reason; We must not subscribe, because it will occasion some division amongst us; by the same reason, all hope of peace must be banished out of that Kingdom for ever: For certainly if they themselves should set down in writing the utmost of their desires, and We should assent unto them, yet undoubtedly some would dislike and not admit of those propositions of peace, which the rest had agreed upon: Are they therefore sworn by their Oath to reject all proffers of peace, because some will dislike them, upon which a division must follow more or less? The fourth reason is plain Popery, and the main ground of most of the errors established at the Council of Trent; If they subscribe now, it will be thought that they have erred in their former proceedings; but where the reason of this Reason lies, is past ordinary finding: The fifth reason hath in it a reach beyond the Moon; This subscription is urged by authority, but our former subscription proceeded from our own heads, and therefore is to be preferred, as carrying with it more liberty, more sincerity, and less hypocrisy; A reason fit to be answered by none but such as have lost their Reason: The sixth reason is in the same case; for truly We understand it not: The seventh reason supposeth that there is a Papist in the world so foolish and simple as to think, that the same confession of Faith, consisting of the same words and syllables, enjoined to be sworn without authority, if it shall be commanded to be sworn by authority, becometh a new and different confession of Faith; or if that We every year of Our Reign should renew and command a subscription to the same confession, that then every year We should establish a new Faith; Sure they need not trouble Our people's heads with such foolish fears, for undoubtedly there will be no such foolish fellows found amongst the Papists: The eighth reason, hath not a show of any reason: For their ninth reason, We are confident, that if they had known as much as now they do, and have expressed in their answer to Our Commissioners last Declaration, they would have left this quite out: for the truth is, that no man can subscribe this confession of faith commanded by Us, and with a safe conscience hold that Episcopacy is abjured by it, for many reasons, amongst which this alleged by them is but one, yet a very true one, viz. That an oath must either be refused or taken according to the known intention of him that ministered it; and it being well known, that We, according to the Laws of all Our Kingdoms, are resolved to maintain Episcopal government, no man can swear any oath administered by Us or Our authority, which may not consist with that government: And it is as true, that there is nothing in that confession of faith, which being sworn unto, abjureth Episcopacy, by whomsoever the oath shall be administered; and therefore it is a very unjust and unnecessary fear, which seems to make them sweat at the end of this ninth Reason, viz. That this subscription commanded by Us, seemeth to determine, that the confession of faith as it was professed 1580. doth consist with Episcopacy: That this subscription determineth it, is undoubtedly a very simple conceit, but that the confession itself made in 1580. may and doth consist with Episcopacy, is unquestionably true; and it is so determined by the Covenanters themselves, who assured many who made that scruple, and would not have come into their Covenant unless the Covenanters had first resolved them of it, that they might swear the same confession, and yet not abjure Episcopal government, which likewise the three Ministers in their first answer to the Divines of Aberdene, have positively affirmed, averring, that Episcopacy was not abjured by that confession, nor their Covenant, but only referred to the trial of an Assembly and Parliament: Now it is most certain, that when We commanded this subscription to that confession, no Assembly (true or pretended) had determined that it was abjured, nor hath any Parliament done so yet; and therefore the Covenanters themselves have determined, that when We required this subscription, a man might safely subscribe without abjuration of Episcopacy: But to let the weakness of this ninth reason pass, it is a wonder to observe how these men in their answer to the fourth reason (contained in Our Commissioners last Declaration) are constrained by main force of argument to deny their own most true proposition, expressed at the beginning of this ninth reason: For there they affirm it plainly, that a man may swear secundùm rem juratam, though he know that that which he swears to, is against the meaning and sense of him that gives the oath; Which is such a notable piece of equivocation, and, indeed, of such dishonesty, as is not to be expressed by Us in its proper name; for no patron of equivocation hath yet outgone it. The tenth reason propoundeth an undoubted truth, viz. that by swearing that confession, none of these pretended innovations is abjured. What then? Is it not sufficient, that by Our authority they are discharged, and referred to the trial of a general Assembly and Parliament? The 11. reason repeateth again the dark parable of the March-stone which was in the sixth reason; it would break any man's teeth to crack it, and it is not to be hoped, that ever any man will find the pith and kernel of it; and therefore let it be as unintelligible as the sixth. The 12. reason is such a one as certainly no rational man could ever have dreamt of: If we subscribe the confession by the King's authority, than it will be thought that we acquiesce in His Majesty's Declaration, and that we are contented to be pardoned by Him, and that is such a thing as it turns all our glory into shame, by confessing our guiltiness. A strange fancy, that men should account that a shame, which the Scripture calleth giving glory unto God. But truly it is not far from blasphemy, when they affirm, that God by the fire of his Spirit from heaven hath accepted their service: If they mean their Covenant, what more can be said of the holy Scriptures? For sure to be indicted by the Spirit, and to be approved by the fire of the Spirit from heaven, is much about one; if there be any difference, the odds will seem to lie upon the acceptation of it from heaven by the fire of the Spirit; for the Spirit descending upon the Apostles in fiery tongues, was that which both sealed their calling unto them, and enabled them for it, and for inditing those holy Scriptures which they wrote: And thus, before they are aware, they make themselves patrons of a notable point of Popery, viz. That their Covenant, which sure was penned by men, and so but a humane writing, is of equal authority with the sacred Scriptures: for if it be approved from heaven by the fire of the Spirit, it must be so. But We hope that every man will pity this frenzy, and give no credit to it, until they make it appear unto Us, when and where God from heaven by the fire of his Spirit did seal and approve this Covenant. The 13. reason is a mad one indeed, for it doth condemn the confession of faith which was first subscribed in 1580. upon which confession they do solely ground their own Covenant; for that confession hath no such oath for reformation of life annexed unto it: The truth is, some thing they would have said against Our Declaration, but they did not well know what: their wits were run very low, when in an extraordinary Vow and Covenant with God, they would put in Reformation of life, unto which every man is tied by the ordinary moral precepts, both of Law and Gospel, and by the doctrine of repentance contained in both: For the reason which is in their 14.15. and 16. Reasons, We leave it for them to find that can, We are persuaded they will lose their labour who seek it. After their Reasons, they conclude with 7. Protestations, which truly need not to be taken notice of; for being grounded upon so weak and inconsiderable considerations, the Reader is unreasonable, like them, if he should expect a conclusion stronger than the premises. In the preamble to them, take notice only of their dangerous and fearful approach unto blasphemy, while they affirm, That the Covenant made by them was sealed from heaven. Their first Protestation is utterly invalid, being Protestatio contra factum; for it is plain to the whole World, that the rebellious distractions of that Kingdom proceed from them alone. Their second Protestation is void most evidently upon the same ground; for they themselves, both by their public instructions, of which you have heard, and in their private instructions, of which you shall hear, have used many prelimitations in all the particulars against which they protest, but neither We nor any by Our authority have used any. The third Protestation begins with a supposition, which they themselves do know to be most false; for both Archbishops and Bishops had, at the time of this their Protestation, both by the Acts of the Church, and by the Acts of Parliament, a settled office in the Church, and have so still by Parliament, nay and by Assembly too, unless they do pitifully beg that which will never be granted them, That their last Assembly at Glasgow was a lawful Assembly, after Our Authority had dissolved it. And as it beginneth with a false supposition, so it endeth with as false and foolish a position and petition; For it maintaineth, That all these who are to undergo any trial at the Assembly, either upon any general complaint already made, or upon any particular accusation to be given in against them, are to compeer at that Assembly, not to have voice, but as rei: upon which ground, none of themselves could have voice there; for they were all liable to trial and censure upon any particular accusation that was to be given in against them: And then their petition is, That the warning given to the Bishops by this Our Proclamation, and this their Protestation, should be a sufficient Citation to them to appear as rei: That their Protestation should be so; We protest it is so foolish a request, as We are confident no man ever heard of the like before; nor could they expect that any man, endued with reason, would yield unto it: And that our warning of the Bishops by Proclamation to appear at the Assembly, as We did all the rest of the members of it, should make them appear as rei, is such a conceit, as We wonder any man could light upon it, unless they do hold, that every one of themselves was to appear as reus too, for all of them were warned by Our Proclamation to appear at the Assembly as well as the Bishops. In their fourth Protestation We only admire their rare and undeniable impudence, who dare affirm, that their Covenant is approved from heaven, with rare and undeniable evidences, when all the Christians in the world (except themselves and their faction) who have heard of it, do acknowledge that no such Covenant or Combination can come from Heaven, but from Hell, from whence cometh all faction and schism. In their fifth Protestation they do run into an act of high treason; for they appeal from Us and Our Council, which by an Act of Parliament is made high treason, and which they know themselves was adjudged to be so in the case of the Ministers, who held an Assembly at Aberdene, after it was prorogued by Our royal Father, who being cited to compeer before the Lords of the Council to answer that high contempt, and compeering, declined the authority of Our royal Father and his Council, and appealed to a General Assembly, and were therefore arraigned of high treason upon that Statute before the Lord chief Justice of that Kingdom, and after pleading to it by their Advocates, were found by a Jury or Assize guilty of high treason; and had received sentence accordingly, if Our royal Father, out of his singular clemency and gracious respect to their calling, had not reprived them before sentence, and only inflicted upon them perpetual banishment, which they did undergo: The Act of Parliament upon which they were arraigned was this. The eighth Parliament current holden at Edinburgh the 22. of May, in the year of God 1584. by the right Excellent, right High and Mighty Prince James the sixth, by the grace of God, King of Scots, and three Estates of this Realm. An Act confirming the King's Majesties royal power over all Estates and subjects within this Realm. FOrasmuch as some persons being lately called before the King's Majesty and his secret Council, to answer upon certain points to have been inquired of them, concerning some treasonable, seditious, and contumelious speeches uttered by them in Pulpits, Schools and otherways, to the disdain and reproach of his Highness, his Progenitors, and present Council; contemptuously declined the judgement of his Highness and his said Council in that behalf, to the evil example of others to do the like if timely remedy be not provided: Therefore our Sovereign Lord, and his three Estates assembled in this present Parliament, ratifieth and approveth, and perpetually confirmeth, the Royal power and authority over all Estates, aswell spiritual as temporal, within this Realm, in the person of the King's Majesty our Sovereign Lord, his Heirs and Successors: And also, statuteth and ordaineth that his Highness, his Heirs and Successors, by themselves and their Counsels, are and in time to come shall be judges competent to all persons his Highness' subjects, of what estate, degree, function, or condition soever they be of, Spiritual or Temporal, in all matters wherein they or any of them shall be apprehended, summoned, or charged to answer to such things as shall be inquired of them by our said Sovereign Lord and his Council. And that none of them which shall happen to be apprehended, called or summoned to the effect aforesaid, presume to take in hand to decline the judgement of his Highness, his Heirs and Successors, or their Council in the premises, under the pain of treason. Their sixth Protestation is nothing but a repetition of that which they have said so oft, even unto tediousness: In their seventh and last, they bewray an unexempled boldness, in avowing their confidence of Our approbation to the integrity of their hearts, and peaceableness of their ways and actions all this time past, when in their own consciences they do know, that We do hold and detest their ways and actions, as most unpeaceable and seditious. And now having taken a short survey of this their Protestation, We do appeal to any man, who shall compare it with Our Declaration, whether Our gracious Proclamation, against which they protested, did not rather deserve an humble and hearty acknowledgement of Our many graces and favours towards them, with a joyful and submissive acceptation of them, than first to be traduced to the people before it was made, for a Proclamation tending to the utter ruin and subversion of the Religion and Laws of that Church and Kingdom; and then afterward to be encountered in public with such an impudent, insolent, seditious, and senseless Protestation: And lastly, after all this, to be railed at in their Pulpits, and Our people made to believe, that that part of it which required subscription to their own confession of faith, but lately sworn and subscribed unto by themselves, was a device of the Devil, and hatched in Hell, as shall appear by that which followed. For the next day, being Sunday, all the Pulpits of Edinburgh, nay and many places where there were no Pulpits (for they heard Sermons in many Halls, and other profane and common places) did ring with bitter invectives and declamations against this Our gracious Declaration, especially against that part of it which they conceived would be most satisfactory to Our people, and prove a special Antidote for expelling that poison which they had made them swallow, concerning Our declining from the Reformed Religion, and inclining to Popery, viz. the subscription to their own confession of faith now commanded by Us: For, they branded it so with most hideous and horrible names of the very depth and policy of Satan, that the common people, who were well persuaded of the piety of their Preachers, could not choose but imagine that there was some wickedness in it, which their Preachers could and did dive into though they did not. One Preacher in his Sermon prayed God to scatter them in Israel, and to divide them in Jacob who were the authors of this scattering and divisive counsel. Another Preacher in his Pulpit told his people, that the urging of this subscription, was an Italian and a devilish device, first to make them renounce God, and perjure themselves, and then afterward there was an intention to destroy their bodies; and so that this subscription imported no less than the destruction both of their bodies and souls. These and many more such false fears suggested, first from two of the Preachers of Edinburgh, and from them transmitted to their fellows throughout the Kingdom, did work so strongly with Our good but simple and seduced people, as that they were wrought unto a persuasion, that this subscription to their own confession of faith, commanded by Us, for removing that false opinion which their Leaders had put into their heads of Our inclination to Popery, was of a far deeper reach, and of more dangerous consequence, then if We had been inclined to Popery indeed; still adding, That if they did subscribe it now by Our authority, it could receive no acceptation at God's hands, God rejecting any service done to him by constraint (it being very familiar with them at these times to term obedience to authority constraint) but when they subscribed it voluntarily, or by the persuasion of their Leaders, than it was acceptable to God; and, if they durst have used such a Popish word, no question they would have added, Meritorious: And thus you see, with what undutifulness Our gracious Declaration was entertained. Yet it was not so received by all: For first, all the Lords of Our Council (amongst whom were some, who never seemed to be satisfied before) were so fully satisfied, and so much overjoyed with this Our gracious Declaration, that they did condemn and utterly detest this odious Protestation of the Covenanters; whereupon Our Counsels Letter of thanks and proffer of service was sent Us, as was before declared. Next, the greatest part of the Ministers of that Our Kingdom did rest satisfied with it; as shall be made evident if it come to trial: But this is most certain, that the Ministers assembled at Edinburgh that morning at the Grayfriars Church by the name of the fourth Table, or Table of the Ministers ordinarily resident at Edinburgh all this time, for attendance upon the business of the Covenant, being sent unto by the other Tables, and desired by them to send some of their number up to the great Committee of all the Tables, to join with them in a Protestation which was to be made that afternoon against Our Declaration, which then they expected would be proclaimed; the Ministers returned this answer by their whole voices (not above two or three at the most dissenting) That they would not agree to any Protestation which should be made against Our gracious Declaration, unless it should be sent down unto them, that it might be throughly advised upon; especially considering that they had heard so much of the contents of that Our Declaration, importing the removing of their grievances which occasioned their Covenant, that they could not conceive the necessity of any Protestation. Which answer being returned to the other Tables, did so trouble them, that they sent a second message to them, entreating them presently to come up to Saint Gyles Church, and to sit there, that so being in a place of a near distance from their great Committee, they might the more easily consult with them. Thither they came, and stayed a great while, but heard nothing from the Committee, who it seems were much distracted and puzzled about the penning of their Protestation, and had certain Ministers with them (especially Rollock) at that consultation, who were not deputed by the Table of Ministers to be present at it; and having stayed in that Church until near one of the clock in the afternoon, dissolved themselves, took their leaves one of another, and resolved not to meet until the next week, many of them going home presently towards their own country Churches, where they were to preach the next day, being Sunday; and at their parting they deputed none to join with the Committee from the other Tables, either to consult about, or to assist at any Protestation which should be made against this Our gracious Declaration: And all this was averred by diverse Ministers then present, before diverse of the Lords of Our Council, and other persons of special rank and quality, who likewise would have averred it before the last pretended General Assembly, if they durst have done it without running the hazard of their fortunes, if not their lives: And yet in that afternoon about three of the clock, Rollock, in the name of the Ministers, did upon a Scaffold join with the deputies from the three other Tables, in that wicked Protestation, without deputation (as is presumed) from the Table of Ministers, unless perhaps he called some few straggling Ministers about the town, of whom it may be he asked the question. Besides, many thousands of Our subjects Covenanters were fully satisfied with Our Declaration, though they durst not, as many of them have professed, subscribe this confession of faith urged by Us, for fear of being troubled by the major part. And it is known, that wheresoever Our Declaration was published, before that the Covenanters from their Tables sent their emissaries to dissuade the acknowledgement of it, and copies of their Protestations against it, it was received with all expressions of joy and thankful acknowledgement; insomuch that when it was proclaimed at the market Cross at Glasgow, it was assisted with all these expressions, both by the Magistrates and all the inhabitants, by the Principal, the Regent's and Professors, by all the Ministers of that City, though Covenanters, who out of the great sense of the many obligations and favours, which We had laid upon that whole Kingdom, by this Our gracious Declaration, directed their several letters of thanks and acknowledgement to Our Commissioner, which are here exhibited. The Letter of the Provost, Bailiffs, and the Council of Glasgow. Most Honourable and our very good Lord, HAving received a letter directed from your Grace to us with this bearer your Grace's Cousin, and having read the same, and heard and weighed his Majesty's gracious Proclamation, which was this day proclaimed within this City, to the great joy of all the hearers; We cannot but praise God, who hath endued his sacred Majesty our dread Sovereign, with such wisdom, piety, clemency, and fatherly care of this Church and Kingdom; and pray God for a long and happy Reign to his sacred Majesty, and his Highness' posterity over us and succeeding generations; And shall ever endeavour to approve our selves his Majesty's most loyal subjects; And wish from our hearts all happiness to your Grace, and your Grace's most noble family, for the wel-wishing to this City; and especially for the great pains taken by your Grace in this so weighty an employment, hoping & praying to God that the same may obtain the wished for accomplishment, and shall ever remain, Glasgow this 24. of Septemb. 1638. Yours Graces most humble and obedient servants, James Stewart Provost. John Anderson Bailiff. Colme campbel Bailiff. Ninian Anderson Bailiff. Gabriel Cuningham. William Stewart. Patrick Bell. Matthew Hamilton. Colme campbel. John Barnes. Richard Allane. Walter Stirling. Gavine Nesbit. John Anderson. Robert Horner. The Letter of the Ministers. Most honourable and our very good Lord, HAving received the Letter directed from your Grace, and having heard and considered his Majesty's most gracious Proclamation published this day in this City, with joyful acclamations universally of the hearers, as we of the Ministry and University of Glasgow, who were present, with great contentment and joy of heart applauded thereto; and do praise God who hath inspired our dread Sovereign with such wisdom, piety, clemency, and fatherly care of the Church and Commonwealth of this Kingdom, as is abundantly manifested in the said Proclamation; So we would gladly testify, by what means we can, our thankfulness to his Majesty, our Crown of rejoicing, and the breath of our nostrils; not omitting our bond duty to your Grace, whom God and his Majesty hath appointed so fit and happy an instrument in this great errand, for your singular prudence, rare piety, and zeal to God, your Prince, and Country, and incredible pains in this honourable and weighty employment, which we pray God may still prosper in your hands, until it be brought to a full and blessed conclusion, being willing for our part to contribute what lieth in our poor power by our earnest prayers and best endeavours. Glasgow Sept. 24. 1638. Your Grace's humble and most observant servants, M. Ro. Wilkie. J. Maxwell. M. Bell younger. M. Ga. Forsythe. M. Blair. John Strang. John. Will. Wilkie. Pa. Maxwell. NOw, besides these, in many places of the Kingdom whither they sent their Protestation to be read, it was refused by diverse, who had subscribed their own Covenant. The Assembly being indicted, the Covenanters did now go about to effect all which they had plotted and designed concerning the election of the Commissioners to it, That all, and none but they, might be chosen whom they had resolved upon, and were of the most rigid rank, whom they were sure would receive no satisfaction, and keep all others (so far as in them lay) from accepting of any: Their device was this; They perceived that most of the Ministers throughout the Kingdom would gladly embrace peace, if they might see their consciences satisfied in these fears and doubts, upon which they entered into the late Covenant. The Leaders resolved not to trust any such moderate men, considering that all their scruples were removed by Our last Declaration, and the indiction of a free general Assembly; and therefore they took order by their secret instructions, that none of them should be chosen, though they were Covenanters: For Ministers non-Covenanters, they took order, that if in any place by plurality of voices such a one should be chosen, than he should be processed and protested against, (which no man could avoid) and so he should be sure to be set by at the Assembly, and cast from having any voice there. And whereas they might fear, that the rigid Ministers, designed by them for this Assembly, might want a sufficient number of their fellow-Ministers for their elections in their several Presbyteries, they took an order, That not only for this time, but for all times to come, there should be no Minister chosen Commissioner from any Presbytery to any Assembly, but such as the laity should make choice of: For they presently gave order from their Tables, That every particular Parish should send to the Presbytery in their bounds one Layman, whom they called a Ruling Elder, who by their appointment should have voice in the Presbytery as well as the Minister of the Parish; so that when the whole Presbytery was assembled together, the number of the Laymen was at the least equal to the number of the Ministers; By which new device, the laity gained of the Ministers undoubtedly these four things: First, That never any Minister should be chosen Commissioner to the Assembly, but whom they would; for they being equal in number in voices with the Ministers, and six of the Ministers being to be put in the List, and to stand in election, out of which six three must be chosen, and all these six must be removed in the time of the election, and have no voices themselves in it, it is clear, that the number of the Lay voices in these elections must needs exceed the number of the Ministers voices at least by six: Or, if in some Presbyteries (as We hear was done in some few) these six Ministers before their removing gave voices to whom they pleased, yet (no man being able to give a voice to himself) of necessity the number of the Lay voices must exceed the number of the Ministers by one. Secondly, the laity gained this, That in all other Presbyterial meetings, which are weekly, the Ministers should never have a casting voice, to determine any thing but what they liked; the Laymen being always at the least equal to them in number. Thirdly, this they gained, That whatsoever should be concluded in a general Assembly, should ever be concluded likewise in a Parliament, if Our negative voice did not stop it: (and We hear that they have not spared to give out, that they will take from Us and Our Successors, that which all Our Predecessors have enjoyed, that is, a negative voice in Parliament, as they have done in Assemblies, for as much as lies in them:) For by their instructions they ordered, That where any Nobleman lived in any Presbytery, he should be chosen lay-Elder there for the Assembly; and all Noblemen are hereditary members of the Parliament: and where there wanted a Nobleman, they should choose some special Gentleman, who in all probability standeth fair for being chosen one of the Commissioners of the Shire for the Parliament; which made the Covenanters stand so importunately for that point, viz. to have the Assembly held before the Parliament, as making just account, that all the lay voices in the Assembly were engaged to give their voices to the same conclusions, when they should sit in Parliament; and so, that the Parliament, for it Acts, should depend upon the general Assembly, and the general Assembly (for the Acts passed there) should depend upon them; but neither the one nor the other depend upon Us. Fourthly, the laity gained this, That they exempted themselves for ever hereafter from all fears of the power of the Clergy: for they being resolved (so far as in them lay) to overthrow Episcopal government, and yet fearing by so doing to be brought again under the tyranny of Presbyterial government, of which they had heard their fathers so grievously complain, they pitched upon this way of equal number of lay-Elders in every Presbytery, being assured thereby to curb their Ministers, most of whom had their stipends and rents paid by these lay-Patrons; and so now the laity made account, that if in their elections to this Assembly they could compass these conclusions and resolutions, they had brought the Church and Churchmen under for ever. These conclusions, though effected by the laity with violence, yet received great resistance by many Ministers in most Presbyteries, and in some by all: For when these Lay Elders came to sit with them, they either refused to admit them, or desired time to deliberate, how they (who being Covenanters, and had complained of Innovations) could admit of such innovations as those which seemed to threaten the ruin of the Liberty of the Church, for these Reasons: First, because, that above these forty years no Lay Elder had sat in their Presbyteries, and therefore it was a great Innovation: Secondly, because at the beginning of the Reformation, when there was a kind of necessity to require the assistance of Laymen for the government of the Church, (Ministers being then so few and scant,) yet it was provided that they should ever be fewer in number then the Ministers, and that therefore this obtruding of themselves in equal number, was not only an Innovation, but directly against the book of discipline, upon which they did so much ground their proceedings: Thirdly, that it was a thing never ●eard nor practised before in that Church, that Laymen had voices in the choosing of the Ministers Commissioners for the Assembly, and therefore if they would choose, they desired them to choose their own Lay Commissioner, but for the Ministers Commissioners to leave it to themselves, who were better able to discern of their Ministers abilities since they were weekly conversant with them, than they whom they had never seen in their Presbytery before. But all this opposition and arguing was fruitless: For the Lay Elders, according to their secret instructions from the Covenanters Tables, which afterward shall be related, would not remove, but put themselves in possession of suffrage, and so these Ministers, and none but they, were chosen in each Presbytery whom the Tables at Edinburgh had designed: A thing so odious and distasteful to the Ministers, that in some Presbyteries, the Ministers (chosen Commissioners) had but eight Ministers voices, and the voices of two and twenty Laymen, in others not above two Ministers voices, in some but one; but in all Presbyteries the Ministers Commissioners were elected by the plurality of Layvoices. Some of these Ministers, though Covenanters, seeing the liberty of the Church by this means utterly lost and betrayed, did repair to the two Covenanting Ministers of Edinburgh, to whom they bemoaned themselves, wondering that they would give way to the utter defacing of the Church by these Laic intrusions; to whom they gave this answer, That they grieved for it as much as themselves, but that the necessity of the times was such, that they must wink at it, else the Nobility, Gentry, and Burrowes did threaten them with a desertion, upon which a division must follow, which by their Oath and Covenant they were bound by all means to prevent. But the aggrieved Ministers were not satisfied with such cold, comfortless, and unconscionable answers, but resolved in many Presbyteries to draw up their Protestations against the Lay Elders to the Assembly; yet they were so threatened by the laity, that most of them fell back and durst not adventure upon it, though others both Covenanters & Non-covenanters had the courage to do it, but with what success shall be declared when We come to speak of the Assembly itself. Yet this We will confidently aver, That when Our Commissioner came last from that Our Kingdom, three parts of four of all the Covenanting Ministers did detest the elections made by lay Elders, and would have declared the nullity of all such elections if they durst have done it; and that these Ministers, (unless they have changed their minds since) had rather live under Episcopal government, then under the tyranny of the laity and a few Ministers, from whom they have suffered more in a few months, than ever they did under all the Bishops in the Kingdom, since Our coming to the Crown: all which very many of them have affirmed, both for themselves and others, to Our Commissioner, diverse of Our Council, and others of good credit and quality, whom We dare and do trust. But the elections being now past according as they had plotted them, or in good forwardness so to be where they were not yet past, the Covenanters next care was, how to hinder the subscription of the confession of Faith commanded by Us, they conceiving it their masterpiece to stop any thing (though never so well liked by themselves) if it were commanded by Our authority; as fearing, that if We had obedience given to Us in any one thing, Our people might recover the taste of government: And hearing that Our Commissioner was to repair to the College of Justice, there to tender to the Lords of Our Session, who are the supreme Judges of Our Laws in that Kingdom, the confession of Faith and band annexed, to be sworn by Our authority, that very morning they set up Rollock to preach, (though it was not his ordinary course) where many of Our Judges were present before they went to sit: There he with many false and foolish impertinences did so labour to persuade them, that the swearing of that confession was unlawful and plain perjury, that he showed himself a ridiculous and most dishonest man to most that were present, & a weak man to all; and so little he prevailed, that immediately after Sermon, the Judges repairing to their usual place of sitting, whither Our Commissioner came presently and tendered them the said confession, all of them, except four who were known to be of the false stamp, did swear to it and subscribe it, the number of the Judges in all being twenty. And here We desire the Reader to observe, whether these men shall not be accounted a faction, and not a body of a Kingdom, when they shall separate themselves from Us; who are their Sovereign, from the body of Our Council, who have the supreme government of the Kingdom under Us, and from the body of Our Judges, who are the Interpreters of Our Laws, and under Us the supreme Judges of all their estates and fortunes, these two Judicatories, together with Our Judges in criminal causes, being under Us, by the Laws, constituted the only Judges of all their actions: For if these Covenanters shall ascribe unto themselves the government, because they are more in number then those who disassent from them, then certainly in all Kingdoms and Republics, the established government must go down; for in them all, they who are ruled and governed are far more than the Rulers and Governors. They then seeing that their fierce endeavours were fruitless with the Lords of the Session, with all speed dispatched some of their Tables throughout all parts of the Kingdom, to stop the subscription to the confession of faith commanded by Us, with copies of their Protestation to be read in all places, where Our Commissioners should either proclaim Our Declaration, or require subscription to that confession: In many places they prevailed, in many not; Where they prevailed, they used such indirect and violent courses, as they gained an assent from many men's mouths, whose minds were very far from it. In Glasgow, after that the Lord Lowdan, with diverse others, noblemans, Gentlemen, and Ministers, sent (as they pretended) from the Tables at Edinburgh, had caused to be read that infamous Libel (of which you shall hear afterwards) against the Archbishop of Glasgow in his own Cathedral Church, without the knowledge of the Magistrates of that City; the Lord Lowdan desired the Provost of Glasgow to convocate their Town Council, that he might impart some things unto them; which the Provost refused: But that Lord and his Associates, understanding that their ordinary Church Session sat that afternoon, at which the Magistrates and Ministers were to be present, came suddenly into the place where they did sit, beyond their expectation, where the Lord Lowdan made a speech of great length, concerning the iniquity and danger of Our Covenant, adjuring them both by persuasions and threatenings, that they would not subscribe the confession of faith required by Us; and therefore his demand was, That he might have the assured promises of the Magistrates and Ministers, that they would not subscribe it, that so he might report their answer to the Tables from whence he was sent: To which the Provost presently answered, That his Lordship knew well that Our Commissioner had required from them a subscription to Our Covenant, that they had humbly entreated of his Grace some short time to return their answer; and therefore he wondered that any man should think it was fit to answer any who was sent from the Tables, before they had made their answer to Our Commissioner; and so refusing to give any answer to these Emissaries from the Tables, they went away unsatisfied. The Covenanters, finding that Our commanding of the subscription of the confession of faith; in many places had given satisfaction, and had indeed confuted that lying scandal of Our inclination to Popery, and that many of the Covenanters had remitted much of their former rigour, being much taken with Our last gracious Proclamation, the Heads and swayers of the four Tables, (as if all their designs were come to the last cast) cast about once again, and laboured hard to work Our people into the belief of this one point, That none of these things promised in Our last gracious Proclamation, no not the Assembly itself, were ever intended to be performed by Us; That We only studied to gain time, until We were ready for their ruin; and therefore they gave out, that Our Commissioners late coming from Hamilton to Edinburgh was only to prorogue the Assembly. They spent days and nights in penning a Protestation against it, and writing multitudes of copies to be ready in all places of the Kingdom, before the Proclamations of the prorogation should arrive. They sent for all their party to flock to Edinburgh, as if now there were greater danger than ever: All which was carried with notable hypocrisy; for the authors of this report did disperse it, not that they did believe it to be true, but because it was conducible to their ends to have the people believe it. But knowing that they who do act long parts, must needs sometimes be out, and that the time of the Assembly beginning to approach, and Our Commissioners provisions and preparations for his journey to Glasgow, were far stronger proofs to Our people of Our holding the Assembly, than all which they had surmised to the contrary, they then betook themselves to their last shift, which was a miserable and wicked one, and it was this: Since they were persuaded that the Assembly indicted by Us would now hold if they could not divert it, they resolved to take such courses, as they conceived Our Commissioner neither could nor would endure; with which they did conceive they should so irritate him, that he could not choose but either discharge or prorogue the Assembly. For two things now they feared: First, that they had committed a great error in petitioning Us for an Assembly, which they conceived was fully in their own power to indict; and therefore did begin to think, that by that act they had weakened their own power and claim, and supposed, that it had been more agreeable to their designs, if they had indicted one themselves, being the title which they meant to stand to, as appear by their own indiction of a new Assembly, since the dissolution of this. Secondly, they were afraid of nothing more than this, that Our Commissioners propounding and passing into acts of Assembly, all the particulars of Our grace and favour contained in Our last Proclamation, would abundantly satisfy the greatest part of their own party, when they should see the grounds of their fears of innovations in Religion removed, which occasioned them to enter into the late Covenant: But now, if Our Commissioner could be forced any way, either to prorogue or discharge this Assembly indicted by Us, that then they would presently indict one themselves, which they were sure We would not countenance with any Commissioner from Us; by which means they were both secured from having their party weakened by Our propounding in Assembly Our gracious offers expressed in Our last Declaration, and were certainly persuaded, that they should easily induce Our people to believe, that these things promised in that Declaration were never intended by Us. To compass therefore their desires of Our Commissioners either proroguing or discharging the Assembly, they resolved to increase their disorders to such a height, as they hoped he would never endure them; and to multiply so many affronts upon him, and in him upon Us and Our authority, as they imagined should be passed all sufferance: As first, by their letters directed from their Tables at Edinburgh, they quarrelled with Our Commissioner, that Our Confession and Covenant was commanded to be subscribed in many parts of the Kingdom by the authority of Us and Our Council, with an unbeseeming violence: The copy of their Letter to Our Commissioner, being then at Hamilton, here followeth. Please your Grace, We were glad of the indiction of an Assembly, as the mean to bring our complaints to an end: And as we promised for our part to do our endeavour, that all matters might be carried in a peaceable way, and no man troubled in any sort till that time, so did we certainly expect that no violence or molestation should have been used against any of those who had subscribed the late Covenant: and yet, far contrary to our expectation, are brought hither almost every hour grievous complaints from many of the people, in diverse parts of the Kingdom, That they are by the threatenings and open violence of some Statesmen, Counsellors, and Barons, constrained to subscribe a Confession of Faith, and Band; some with blind and doubting minds, and others against their consciences, to the great trouble of their souls, and great disturbance of the peace of the Country, contrary to such peaceble preparations as should have preceded a perfect pacification at a General Assembly. If we had heard but some complaints of this kind, we would have spared both your Grace's pains and our own, but complaints being multiplied more and more, we could not of duty but make some representation thereof to your Grace, that some course may be taken for present suppressing this so irreligious and unjust manner of doing; and for preventing the hard consequences that may ensue from people who are thus pressed to subscribe against their minds, and from others who are joined in Covenant with them; which, as it is humbly petitioned, so it is confidently expected by Edinb. 3. Oct. 1638. Your Grace's humble servants, Cassills'. Lothean. Lindsay. Lowdoune. Balmerino. Johnstoun. Burgly. THe complaint contained in this Letter did afterward prove to be most unjust; and yet it was dispersed through the Kingdom with horrible and most false aggravations, viz. That some of Our Council with charged Pistols and drawn Daggers held to the breasts of Our subjects, had forced them to subscribe Our Covenant: To this their Letter Our Commissioner returned an answer, though not to their Table, because he would not acknowledge it, yet to that Nobleman, whose hand was first at it: The copy of which answer is this. My very good Lord, I Have received from your Lordsh: and other Noblemen a Letter, containing a complaint against the violence offered to diverse of his Majesty's subjects, by Statesmen, Counsellors, and others; and that complaint aggravated by your promising and undertaking, for yourself and all your adherents, that no man should be troubled till the General Assembly; and your just expectation that the same course should have been held on the other side by us. For the former, I know not what Statesmen, Noblemen or Barons, your Lordsh: means▪ for naming none, I know not to whom I shall take myself; nor do I know what violence and threatenings you mean: If you mean his Majesty's Commissioners appointed by the King, they requiring his subjects to subscribe the old Confession and Covenant, by his authority now renewed, and remonstrating unto them the danger they incur by law in not obeying his Majesty's commandment, I hope that cannot be called violence but duty, the omission whereof, must needs be a violation of, and violence offered to his Majesty's sacred authority: If other violences and threatenings they have used, as your Lordsh: seemeth to intimate (for their obedience to his Majesty's just authority, I am sure, your Lordsh: will not call violence) they must answer for it, and shall whensoever your Lordsh: shall make known the delinquents. But alas my Lords, Tell me now in good earnest whether you have heard they have used such violence in persuading this Covenant, as hath been used by your adherents in enforcing of yours? hath the blood of God's servants, his holy Ministers, been shed, which blood I am afraid keepeth the vengeance of God still hanging over this Land? have men been beaten, turned out of their livings and maintenance, reviled and excommunicated in the Pulpits, and a thousand more outrages acted upon them, for not subscribing this Covenant? have none who have subscribed your Covenant, done it with blind and doubting minds? If they have, I beseech your Lordsh: not to call his Majesty's Counsellors legal proceedings, irreligious and unjust, until you have proved the piety and justice of the proceedings of your own adherents. For the other, of your undertaking and promising for your parts, that no man should be troubled till the Assembly, and expecting the like from us, truly I am glad I have it under your Lordsh: hands; for I think there are few hours of any one day, since the indicting of the Assembly, that from all parts of this Kingdom, I am not vexed with complaints of new processing of Ministers, new withholding of Ministers stipends unprocessed, heavy complaints of Ministers of your own Covenant, that they are threatened, and that sharply and bitterly, for their declaring of their grief, in being barred of their freedom in the election of their own Commissioners to the General Assembly, and being borne down by the multitude of Lay voices, and menaced because of their protesting against the same. The complaints of Ministers Non-Covenanters and Lay-Elders Non-Covenanters, chosen by their Sessions to assist at the election of the Commissioners from the Presbyteries, but turned back, for not having subscribed your Covenant, and reviled with bitter words, for being so pert as to come thither; is this the performance of promising, that no man shall be troubled till the Assembly? These are, indeed, preparations very unfit to precede this Assembly, they being so unpeaceable and like to take up much time, in discussing at that great Meeting the illegality of these elections. My Lord, the truth is, I shall be as careful to see any wrong offered by his Majesty's Commissioners (in urging his Majesty's authority) punished, when I shall know the offences and the offenders, as I am heartily grieved at the proceedings of your Associates: Here I am sure, his Majesty's Commissioners have been rather backward then forward, but so have not your Lordsh: adherents been; for they have in very many places proclaimed your Protestation, where his Majesty's Declaration hath not been proclaimed. I hope your Lordsh: will pardon my unusual prolixity; for I confess I am much troubled to see his Majesty's good subjects led into such misconstructions of his pious and religious intentions towards them. This my Letter, I pray your Lordsh: to communicate to the other Noble Lords, who subscribed that to me. To yourself and them, I pray your Lordsh: commend the true respects of Your Lordsh. For the Earl of Cassills'. THis Letter it seems gave them no satisfaction, for they still continued their reports: Besides, they had the boldness by another Letter from the same Table, sent likewise to Our Commissioner, being then at Hamilton, to expostulate with him, that one of Our Ships at sea had searched a Scottish Merchants Ship for Ammunition, when as they themselves before had searched a Merchant's Ship for some Ammunition, which We had sent for Scotland, and would have seized upon it, if they had not been prevented; and immediately after, a little English Vessel carrying Beer to some part of that Kingdom, was likewise stayed and searched by them. In the same Letter they quarrel with Our Commissioner, for hindering the bringing of Horses from England thither, which is unlawful for any one to do, without a special licence from the Master of Our Horse: The copy of their Letter, filled with their ordinary pretences of Religion, and Our Commissioners Answer unto it, be these. Please your Grace, AFter your parting from us, we had knowledge from John Wilson Skipper, and sundry of his Passengers newly arrived, That being at Sea on his way from Holland hither, one of his Majesty's small ships of eight Pieces, came aboard and searched him for Arms and Ammunition, declaring they did the same by his Majesty's Warrant. We do not so much value the hazard of any prejudice, as we are heartily grieved to find any such note of his Majesty's displeasure, differencing us from his other subjects, when our own hearts and the Lord that searcheth them doth hear witness of our loyalty and affection to his Majesty, especially to have found it now when we are made so secure, both by the hopes of obtaining from his Majesty's favour, by your mediation, these ordinary and public remedies that can fully settle this Church and State, and by assurance from your Grace we should find no such hard dealing, during the time of your employment amongst the subjects here, who trust in your care to prevent speedily the inconvenience of this, as you did in that other late particular anent the arrest of our horses in England. We think this advertisement sufficient to your Grace, who is wounded through our sides if we suffer any thing in this time, being so far interessed to vindicate us from such prejudice, who do acknowledge ourselves to be Edinb. the 28. Septemb. 1638. Your Grace's humble servants, Rothees, Montrose, Home, Weymse, Lindesay, Boyd, Londone, Balmerino, Dalhousie, Forrester, Elcho, Craustoune, Baltarres, Burghly, Lothiane. My Lord, I Have received a Letter this day signed by your Lordsh: and sundry other Noblemen, making mention, that one John Wilson Skipper, being on his way from Holland hither, was searched by one of his Majesty's small ships. This is no new nor unaccustomed thing; for commonly the Captains of his Majesty's ships during the time of being at sea, do take notice what the loadings of all such ships are, as they meet with, who trade in the Channel; it being a prerogative that belongs to his Imperall Crown▪ I am persuaded that your Lordsh: and the rest of my Lords cannot think, but if his Majesty had been desirous to have made stop of importation of Ammunition into this Kingdom this time past, but it would have been an easy matter for him to have effected; but so little hath he regarded this, as he hath not so much as taken notice of it: And yet it were no strange thing, if his Majesty should give direction to cause examine for what end so great store of Ammunition is imported into this Kingdom, and a little more narrowly to look into our actions; when, by I know not whom, there hath been so much notice taken of such Ammunition, as his Majesty hath thought fit to send hither. For notwithstanding that your Lordsh: says we are made secure by the hopes of obtaining from his Majesty these remedies that can fully settle this Church and State, yet I may say courses are taken to put fears in his Majesty's good subjects minds, by persuading of them that no such thing is intended: This does too too manifestly appear by the watching and guarding his Majesty's Castle, and many other courses; but of this I will write nothing, my intention being only to return answer of what is writ to me: And therefore for your Lordsh: satisfaction I shall acquaint his Majesty with the contents of your letters, who will no doubt give such directions therein, as his good subjects will have no just cause of complaint: Whereas you have been pleased to say, that you have been assured by me, that you should receive no such hard dealing, during the time of my employment; let me desire you to consider this aright, and you will find it none; for neither was that ship stayed from proceeding in their intended voyage, nor any thing taken from them: nor needs your Lordsh: to doubt that his Majesty will do any thing (except our own indiscretion provoke him) that may make appear to the world that he makes a difference betwixt us of this Nation and his other subjects. Be confident, my Lord, that my endeavours have, and do tend to no other end, but to the glory of God, the honour of his sacred Majesty, and the preserving from ruin this poor distracted Kingdom; and that I have and shall labour to prevent all such accidents as may breed the least stop or hindrance of this wished event, which I hope and am confident that your Lordsh. and all those noble Lords who have signed this Letter to me, will take the same to heart; and then certainly you will not be so easily moved with such light and sleight reports: Nor will your Lordsh: think that either you or I can be wounded by the order and command of so pious, merciful, and so clement a Prince as is our dread Sovereign, who hath shown himself to be so full of goodness, as we must of all men living prove the worst, if we be not thankful to God, and him for it. This my letter your Lordsh: will be pleased to communicate to the rest who have writ to me, and esteem of me as Hammilt. 24. Sept. 1638. For the Earl of Rothees. Your Lordship's humble servant, Hammiltoun. WIth his answer they were so far from being satisfied, that to answer this affront (as they did interpret it) for searching a Ship of that Kingdom at sea, they resolved to put a greater affront upon Us, by increasing their Guards about Our Castle of Edinburgh: In Fife, they gave order for a Communion throughout their Churches, at which they made every one to swear that they should not subscribe Our Confession and Covenant, nor any other but their own, which they swore again the novo; especially to stand to that part of it which concerneth mutual defence against all persons whomsoever. They gave general order for the Fast to be kept on the fourth of November, being Sunday, neglecting the day designed in Our Proclamation, which was the Wednesday following, and the seventh of that Month. Our Commissioner seeing these contempts daily to increase, and hearing that they had appointed the Communion to be celebrated at Edinburgh, sent for the Provost and Magistrates, and inquired of them these particulars: First, whether at their Communion (which was to be celebrated the two next Sundays following) it was intended, that the like oath should be taken with them, as had been taken in Fife: Secondly, whether they intended to keep the Fastday designed by Us in Our Proclamation, and according as they had lately since been required to do, by an order sent from Our Council to them for that purpose: Thirdly, what order they had taken with those, who had the day before reviled and abused Doctor Eliot while he was preaching in the Pulpit. That he had sent for them, because he had found those few Ministers, by whom they were ruled, to be unreasonable men, and despisers of Authority. To the last, they promised that they would make a discovery of the offenders, and see them punished; which they never did: For the first, they thought it most unreasonable that any oath should be ministered as it was in Fyfe: For the second, they thought it most reasonable that Our Fastday should be kept but before they could give a full answer, they must first confer with their Ministers; at their meeting with whom, they found that the Ministers had intended that barbarous oath at the Communion, and not to keep Our Fastday more than other Churches in the country had done: yet the Magistrates did with much persuasions overrule them in both. Our Commissioner did resolve with great solemnity, attended with all Our Council and Judges, to keep that Fast in the great Church of Edinburgh, on the day appointed by Us, and gave notice thereof to the Magistrates; who returned him thanks, and assurance of welcome; But understanding that they were resolved to discharge the ordinary Ministers of that Church, from preaching there that day, only because they were Non-covenanters, and had appointed their places to be supplied with the two only Covenanting Ministers of their Town, he sent for the Magistrates again, telling them, That he could not come to their Church, and countenance so great a disorder as the displacing of the two Preachers of that Church, only because they were faithful subjects to Us; nor durst hear these two Preachers designed by them, who in their Pulpits did ordinarily inveigh against Us and Our authority: Unless therefore he might either nominate the Preachers, or hear the ordinary Preachers of that Church, he must not come thither. The Magistrates did what they could to persuade with their Ministers; the one of them was contented with Our Commissioners desire, but the other was so obstinate, as he would no way hearken to it; and him (being so powerful with the people) the Magistrates durst not offend: and so Our Commissioner, with Our Council and Judges, were necessitated to keep Our Fast at another Church hard by Our Palace. Now We desire the Reader to observe, how the Heads of the Covenanters were afraid that any show of obedience should be yielded unto Us by Our people in the least point, they having ordered, that in most places of the Kingdom, the day designed by Us for the Fast should not be observed; certainly, only because it was commanded by Us, as being unwilling that We, (whom they had given out to Our people for an Innovator in Religion, and an Introducer of Popery) should be thought by them to have any care of so religious an exercise as a solemn Fast; And how that in Edinburgh, though the Magistrates by their earnest entreaty had procured the observation of it, yet they could not obtain it without putting a special affront upon authority, by displacing of those Ministers who had continued in loyalty and obedience to Us. But these were nothing to their other violences, whereby they would have Our Commissioner take notice that it was impossible their proceedings at the Assembly should be pleasing unto Us: For not only in many of their Pulpits did they preach, That whosoever subscribed Our Covenant, were perjured and villains, but when some affirmed the contrary, and reproved the Preachers for such furious speeches after their Sermon was ended, they were cited before their Presbyteries for so doing, and threatened with excommunication: Nay, more than so, there were few Ministers of the Kingdom, not subscribers of their Covenant, whom they did not presently process and cite before their several Presbyteries; and notwithstanding their Appeals to the General Assembly then approaching, yet they would not show so much patience, but proceeded to present most illegal, and unwarrantable suspending of them, and other censures, as best pleased them; which being complained of to Our Commissioner and Council, could find no redress, although they sent many times to the Covenanters, requiring them to forbear all such unjust proceedings, and to refer the trial of these oppressed Ministers causes to the General Assembly, which was now at hand. None were so insolent as the Presbytery of Edinburgh; for they presently put very many of their Ministers under process: They begun with one Master David Michael Minister of Edinburgh; Our Commissioner wrote earnestly to that Presbytery, to forbear proceeding against him until the Assembly, to the which he had appealed, and where his cause might have a full and fair trial; which they not only most unjustly rejected, but were so unmannerly, as they did not vouchsafe to answer his Letter, either by message or otherwise: The next Presbytery day he wrote to them again to the same purpose, but with the like success; for they proceeded without taking notice of his Letter, or returning any answer to it, although in that second Letter he had desired them, either to delay their proceedings that day, or else to send one or more of their number to him, (being then hard by at Our Palace at Holy-rood-house) who might show him some reason why they could not stay so long as until the Assembly, which was now so near approaching. Our Commissioner wondering at this contempt, by the advice of some of the principal Lords of Our Council, sent for an Officer of Our Council, and directed him to them with an ordinary warrant drawn up in an ordinary form by the Clerk of Our Council, requiring them in Our name, under pain of Our high displeasure, and as they would answer the contrary at their utmost peril, to desist from any further proceeding in that cause until the General Assembly; to which the Defendant had appealed, and which was to begin within fourteen days: This warrant was delivered unto them by the Officer of Our Council, in whose audience it was read, and when he required an answer to it, he received none, but in highest contempt of Our Crown, Dignity, and Royal commandment, and against all rules of Justice (the Appellants appeal to the superior Court of a General Assembly, legally depending) for doctrines preached by him four year since at least, and the witnesses being all Laymen, who (besides their no extraordinary memory for such a time as was laid) were men of such mean and ordinary understanding, as that it was improbable, if not impossible, that they should understand the doctrines wherewith he was charged; and some of them being uncontroverted, and such as are generally received by all Protestant Churches in the world; they presently suspended him, and discharged him from the place of his Ministry; and afterward, to make their contempt the greater, sent down three of their number to tell Our Commissioner that they had done so, who offered to show him reasons for their so doing: But Our Commissioner told them, That since they were not pleased to show him their reasons before their sentence as he required, he would not hear their reasons after their sentence as they desired. But to let pass this and many more their such unjust proceedings, against those Ministers which continued in Our obedience, in all places of the Kingdom, even when the Assembly was ready to begin, notwithstanding these Ministers legal appeals thereunto, We shall desire the Reader to observe their proceedings in one process, which We are confident was framed and pursued with such malice, injustice, falsehood, and scandal, not only to the reformed Religion in particular, but to the Christian Religion in general, as it cannot be paralleled by any precedent of injustice in precedent ages, nor (We hope) shall ever be followed in future, and which if it were known amongst Turks, Pagans, or Infidels, would make them abhor the Christian Religion, if they did think it would either countenance or could consist with such abominable impiety and injustice. It is their process against all and every one of the Archbishops and Bishops of that Kingdom: The Covenanters did indeed first desire Our Commissioner, in his own name and as he was Our Commissioner, to grant out process against the Archbishops and Bishops, and thereby to city them to appear as rei, or guilty persons: To whom he returned this fair answer, That he did not hold it fit to city them as guilty, of whose guiltiness he had no presumptions; and besides that he would be loath to do an act which should void, according to their grounds, both the Prelates places and voices in the Assembly, they having laid it down for a rule (though it were a false one) that parties cited can have no suffrage there; yet if either by the Law or practice of that Kingdom, the King's Commissioner or Commissioners did use to grant out any such process, he would not refuse it, being resolved to concur with them in any course of Justice: but he hoped that they would not make Us his master, or himself do any act prejudicial to the Bishops, their place and government, before they were heard, and that in the mean time for their satisfaction he would advise with some of Our Judges and Our Advocate, whether any such process was awardable, or had usually been awarded by Our Royal Father's Commissioners to the General Assembly, and according to their advice he would do that which should be agreeable to Justice. From this answer of Our Commissioner, they expected no satisfaction to their desire; for they themselves did know as well as any Judge or Advocate in the Kingdom, that no Commissioner either could award or ever had awarded any such process as they required: And therefore they moved Our Commissioner once again, that he would require Our Judges or Lords of Our Session, to grant out such process; with which request, when Our Commissioner made Our Judges acquainted, they returned him that answer which the Covenanters knew very well they could not choose but make, viz. That they could grant out no process for the compeerance of any persons before them, but those who were impleaded, and whose causes were triable before them. The truth is, Our Commissioner found by inquiry, and the Covenanters knew it perfectly well, that the ordinary way of process or cytation to a General Assembly was to pass it under the hand of the Clerk of the Assembly, whose office is during life, if he be not legally removed, & usually too under the hand of him who was Moderator at the last General Assembly; both which were then living and are so still: the name of the Clerk of the Assembly being Master James sandeland's, an Advocate and Commissary of Aberdene, and the Moderator of the last Assembly, being the now Archbishop of Saint Andrew's: But they who had all this while gone on in disorderly, illegal, and unjustifiable ways, belike thought it an incongruity to keep the beaten path and tract of justice in any thing, and therefore they fell and resolved upon a way so unlike Justice, so repugnant to Religion and common honesty, as one would wonder how they hit upon it, having neither Law nor practice for it, which was this, They caused to be drawn up a most false, odious, and scandalous Libel against the Archbishops and Bishops, with a Petition annexed, to the Presbytery of Edinburgh, wherein they desired the Libel to be admitted by them; the copy whereof, as it was exhibited by them to the said Presbytery, and afterward publicly read in all the Pulpits thereof, here followeth; which out of Our love to the Christian Religion We wish might never come to the notice of any Pagan, and out of Our love to the Religion reform, We wish might never come to the notice of any Papist: But it cannot be concealed. The Bill, or the complaint, of the Noblemen, Barons, Burgesses, Ministers, and Commons, Covenanters, (which were not Commissionaries to the Assembly) against the pretended Archbishops and Bishops within this kingdom, as it was presented to the Presbytery of Edinburgh; with an Act of reference of the Bill, from the Presbytery to the next General Assembly, as it was fully read on the Lord's day before noon in all the Churches within the Presbytery of Edinburgh, according to the Act. Noblemen. Unto your wisdoms humbly shows and complains, We John Earl of Sutherland, John Earl of Athol, William Earl of Dalhousie, Mungo Viscount of Stormouth, Hugh Lord Montgomerie, David Lord Elcho, George Lord Forester, Arthur Lord Forbesse, John Master of Berridale, Robert Lord Boyd, David Lord Balcarras, John Lord Melvill. Barons and Gentlemen. Craggemillar, Lugtoun, Buchanan, Young, Dury, Balgonny, Balbirny, Master William Hamilton, Thomas Cragge of Ricarton, John Cowper of Gogar, John Hamilton of Boghall, David Inglis of Ingliston, John Dundas of Newliston, Sir William Cockburne of Langton, Patrick Cockburne of Clerkinton, John Leslie of Newton, Colonel Alexander Leslie, David Barclay of Onwerme, Sir Michael Arnot of Arnot, Sir Michael Balfoure of Deanemill, John Aiton of Aiton, David Beaton of Balfoure, John Lundie of Lundie, Walter Murray of Liviston, Sir John Preston of Ardrie, Walter Cornwall of Bonhard, William Scot of Ardrosse, Robert Forbosse of Ricesse, Sir Andrew Murray of Balvarde, George Dundasse of Dudistone, Sir William Murray of Blebo, Master Robert Preston, William Dicksone. Ministers. Master William Scot Minister at Cowper, Master George Hammiltoun at Nuburne, Master Walter Grog at Balmerino, Master john Machgil Parson of Fliske, Master Andrew Blackhat at Aberlady. Burgesses and Commons. George Bruce of Carnock, George Potterfield a Burgess of Glasgow, John Smith, John Mill, Laurence Henryson, Richard Maxwell, Burgesses of Edinburgh. WE, for ourselves, and in name and behalf of the rest of the Noblemen, Barons, Gentlemen, Burgesses, Ministers, and Commons within this Realm of Scotland, subscribers of the Covenant, who are not chosen Commissioners to the General Assembly, but) who will assist and insist in this complaint with us, as faithful Christians, as loyal subjects, and sensible members of this Church and Commonweal, having interest to pursue this popular action, in a special manner and an eminent degree, by which pursuit God may be glorified, Christ's Kingdom advanced, that the Church may be restored to her privileges and liberties, and freed from manifold scandals, from the corrupters of Doctrine with Popery and Arminianism, of the Sacraments with Superstition and Will-worship, and of the Discipline with tyranny, and from the overthrowers of the peace of this Church and Kingdom by their usurpations and lies, their violent humours, and falsehood for their own worldly ends, may be tried and censured accordingly, and so this Church and State made free from the present divisions and combustions, and restored to peace and unity, both with God and amongst themselves, and that his Majesty's religious disposition and honour may be cleared to all the world, by the trial and censure of those men who have fraudulently abused his Majesty's name and authority by their trust and credit with his Majesty: We most earnestly make request, That whereas by the Laws of this Church and Kingdom, and by his Majesty's last Proclamation, all his Majesty's subjects, whether Ecclesiastical or Civil, of whatsoever title or degree, if they have exercised an unlimited or unwarrantable power, They are declared and ordained to be liable to the trial and censure of the General Assembly and Parliament, or to any other judicatory, according to the nature and quality of the offence. And whereas Master David Lyndsey pretended Bishop of Edinburgh, Master Thomas Sydserfe pretended Bishop of Galloway, Master Walter Whitefoord pretended Bishop of Brichen, Master James Wedderburne pretended Bishop of Dumblane, Master James Fairley pretended Bishop of Argyle, Master John Spotswood pretended Archbishop of Saint Andrew's, (having their residences or dwelling places within the bounds of this Presbytery of Edinburgh,) Master Patrick Lyndsey pretended Archbishop of Glasgow, Master Alexander Lyndsey pretended Bishop of Dunkell, Master Adam Bannatine pretended Bishop of Aberdene, Master John Gutherie pretended Bishop of Murray, Master John Maxwel pretended Bishop of Rosse, Master George Greme pretended Bishop of Orkney, Master john Abernethie pretended Bishop of Caithnesse, Master Neil Campbel pretended Bishop of the Isles, should be tried and censured for their unlimited and unwarranted power. For whereas it was provided in the Cautions agreed upon in the General Assembly holden at Mountrose, Anno 1600. for bounding of the Ministers votes in Parliament, and concluded to be inserted in the body of the act of Parliament, for confirmation of this vote as a most necessary and substantial point of the same, which was never yet repealed by a lawful Assembly, That the Minister should swear, upon his admission to the office of Commissionarie, to subscribe and fulfil the Cautions agreed upon under the penalties expressed therein, otherwise he was not to be admitted; yet the said Master David Lyndsey sometimes Minister of Brichen now pretended Bishop of this Diocese of Edinburgh, and pretended Moderator of this Presbytery, with his foresaid Colleagues, the pretended Bishops and Archbishops of this Church respectiuè, have taken upon them (without craving or obtaining Commission from the Church as it is set down in that Assembly at Mountrose) the office and power to vote in Parliament, without swearing at his or their entrances to subscribe and fulfil those Cautions which are set down under penalties. In the first Caution it was provided, that he presume not to propound in Parliament, in council or convention, any thing in the name of the Church without an express warrant or direction from the Church, under the pain of deposition from his office; and that he should neither give consent unto, nor keep silence from any thing (amidst these meetings) that might be prejudicial to the liberty of the Church, under the said pain. But the forenamed Master David Lyndsey pretended Bishop of Edinburgh, with the rest of his Colleagues respectiuè above named, have presumed (having no warrant nor direction from the Church) to propound in Parliament, and to consent to several acts which have passed in Parliament, to the prejudice of the Church, as namely, To the act concerning the Restitution of the State of Bishops, Anno 1606. the act concerning the chapter of Saint Andrew's, Anno 1607. To the act of Commissariots and jurisdictions given to Archbishops and Bishops, Anno 1609. To the ratification of the act agreed upon in the Assembly of Glasgow Anno 1610. with an explanation, contrary to the meaning and tenor of the said conclusions, Anno 1612. To the acts concerning the Elections of Archbishops and Bishops, and to the acts concerning the Restitution of chapiters, Anno 1617. To the ratification of the five Articles of Perth, Anno 1621. To the act concerning the apparel of Churchmen, and to the ratification of the acts concerning Religion, in which all the former Acts are included, Ann. 1633. and to many other several Acts of this kind. In like manner he propounded and gave consent to several Acts of the Privy Council, for the establishing of it, and of the power of the High Commission, which are against the laws and liberties of this kingdom; and for ratification of several acts and sentences given out by them and their Colleagues in that unwarrantable judicatory: for in the same manner did he propound and consent unto the Acts made in the Privy Council for pressing and bringing in of the Service Book, which would have trod under the frame of God's public worship in this Kingdom, if the Lord had not prevented it. And further, in the last convention of the States holden in the years 1625. and 1629. he did not only keep silence, but propound and give consent to some things which were prejudicial to the liberties of this Church, and he did oppose himself to the just desires and grievances which were presented in name of the Church for some of her liberties and privileges: whereas it was provided that he shall be bound upon each general Assembly to give an account of the discharge of his Commission since the Assembly going before, and shall submit himself to the censure of the Assembly, and stand to the determinations of it without further Appeal, and shall sue for and obtain ratification of his carriage from the Assembly, under the pain of infamy and excommunication; but the said Master David Lindsey, and his Colleagues respectiuè abovenamed, have never given an account of the discharge of his or their Commissions, nor sought nor have obtained ratification of his or their doings from the Assembly. Whereas it was provided in the third caution, that he should content himself with that portion of the Benefice which should be assigned to him from his Majesty for his livelihood, not hurting or prejudging the rest of the Ministers, or any Minister whatsoever, planted or to be planted within his Benefice, and that this clause was to be inserted in his provision: beside, when Bishops were charged in the Assembly holden in Octob. Ann. 1578. to quit the corruptions of that State, there was numbered amongst the corruptions, That they received for the maintaining of their ambition and riot, the emoluments of the Church, which might sustain many Pastors, the Schools and the Poor; but the said Master David Lindsey with his Colleagues respectiuè, have taken provision for their Benefices, and the foresaid clause was not inserted, and he and they have prejudged Ministers, Schools, and the Poor, by taking and enjoying plurality of Benefices. Whereas it was provided in the fourth caution that he should not dilapidate nor make a disposition of his Benefice without the consent of his Majesty and the general Assembly; and for the greater warrant of this, That he should interdict himself to the general Assembly not to dilapidate, nor to give consent to the dilapidation of his Benefice made by others, and that he should be contented that an Inhibition should be raised upon him to that purpose; but the said Master David Lindsey, with his Colleagues respectiuè, have set, and take settled patronages. Whereas in the fifth caution it is provided that he should be bound to attend his particular Congregation faithfully in all the points of a Pastor; and that he shall be subject to the trial and censure of his own Presbytery and provincial Assembly, as another Minister that bears no Commission: In like manner by diverse Acts and constitutions of the general Assemblies and Presbyteries, non residents are punishable by deprivation; Yet the said Master David Lindsey with his foresaid Colleagues respectiuè, have been nonresident from his and their charges for many years; nor have they performed the duties of Pastors by preaching, administration of the Sacraments, visiting the sick, etc. but they have deserted their charges by the space now of many years; neither have they in this subjected themselves to the trial of the Presbyteries and provincial Assemblies. That whereas in the sixth caution it was provided, That in the administration of Discipline, collation of benefices, visitation, and all other points of Ecclesiastical government, he shall neither usurp nor acclaim to himself a power or jurisdiction further over the rest of his brethren, under the pain of deprivation: and in case he did usurp upon the Ecclesiastical government, if the Synodall Presbyteries, or general Assemblies did oppose, or make impediment unto him; whatsoever he did in that case should be ipso facto null, without a declaratour; yet the said Master David Lindsey with his Colleagues respectiuè, have usurped a jurisdiction in the administration of Discipline, collation of benefices, visitation, and other points of Ecclesiastical government, without a lawful warrant from the Church, in exercising power to suspend, deprive, command, and inhibit excommunication at their pleasure, to fine, confine, imprison, banish Ministers, and other professors without the warrant of the laws of the Country; appointing their Moderators over Presbyteries and Synods, prorogating their Diets, staying their proceedings against Papists, Sorcerers, Adulterers, and other gross offenders, by exacting of contributions to such Commissioners as he pleased to send to Court for his own and his Colleagues affairs; by depriving, and ordaining of Ministers, not only without the consent of the Presbyteries and Synods, but by ordaining of scandalous and unqualified Ministers, and depriving of learned and religious Pastors; by ordaining Ministers after a form not allowed of in this Church; by silencing Ministers for not reading the Service Book, and Book of Canons; by interdicting after a Popish manner, the exercises of Morning and Evening prayer in their Churches; by releasing of excommunicated Papists; by contradicting and crossing the votes of the Presbyteries at their pleasure; by their pretended negative vote directly contrary to this caution; by enacting decrees of Synods without demanding their votes; by changing and falsifying their Acts, when most votes had carried the contrary; by many ways have they failed in this caution, which are so notorious to the whole Church and to your Wisdoms, that we shall condescend upon the same when we are required. Whereas in the seventh caution it was provided, That in Presbyteries, and in Provincial and general Assemblies, he shall behave himself in all things, as one of the brethren of the Presbytery, and be subject to their censure; yet the foresaid Master David Lindsey with his foresaid Colleagues respectiuè, hath not behaved himself as a brother at these meetings; he disdains to sit in Presbyteries, or to be subject to their censures; he sitteth and over-ruleth in Provincial Assemblies rather as a Lord then a Moderator; and in stead of behaving himself as a brother in the general Assembly, hath, by threatening and silencing, prejudged the liberties of the lawful Commissioners; when they propounded, reasoned, or concluded matters conducing to the liberty of the Church, he forced them to conclude things contrary. That whereas it was concluded at Mount Rose, That none of them who should have vote in Parliament should come Commissioners to the general Assembly, or have vote in it in time to come, unless they had authority or Commission from their own Presbyteries for that purpose; yet the said Master David Lindsey with his foresaid Colleagues respectiuè, though they had no authority by commission from any Presbyteries, have usurped to give votes in the last pretended Assemblies. Whereas in the seventh chapter of the book of Policy, registrated in the register of the Acts of the Assembly, it was concluded, That in all Assemblies a Moderator should be chosen by common consent of the whole brethren assembled together, and it hath been so practised since the beginning of the Reformation, till he and his fellows began to break the Cautions; yet the said Master David Lindsey with his foresaid Colleagues respectiuè, have usurped the place of moderation in the last pretended Assemblies, and rather domineered than moderated, to bring in novations; yea further, have directed Mandates from themselves as from the representative Church of Scotland, which name and power is only competent to general Assemblies; he hath brought in the practice of many Innovations in the Royal Chapel, in the Abbey Church, and his pretended Cathedral; he hath laboured not only to hinder the ordinary meetings of general Assemblies of this Church, by obtaining letters and charge from Authority to that purpose, but also hath laboured, what in him lay, to take away from the Church the privilege of holding general Assemblies yearly, belonging to Her by the Word of God, Acts of this Church, and laws of this kingdom. Whereas it is provided by another caution, That Crimen ambitus shall be a sufficient cause of deprivation of him that shall have vote in Parliament; yet the said Master David Lindsey with is foresaid Colleagues respectiuè, are guilty of the said crime, in seeking of the said offices, and promising and giving good deeds for them. Whereas it was provided by the book of Discipline, and acts of the Assembly Feb. An. 1569. and December 1565. & 1567. that marriage should not be solemnised without ask of banes three several Sabbath days before; yet the said Master David Lindsey and his foresaid Colleagues respectiuè, have given licence to sundry Ministers to solemnize marriage without ask three several Sabbaths before; upon which have followed diverse inconveniences; a man hath been married to a woman her husband being alive, and they not divorced; some have been married to persons with whom they have committed adultery before, and some have been married without the consent or knowledge of their parents. Whereas by the book of Fasting, authorized by the general Assembly, and prefixed before the Psalms, no set or yearly Fasts are allowed, but disallowed, as contrary to the liberty of the Church, and to the nature of the exercise (a Fast;) yet the said Master David Lindsey and his foresaid Colleagues respectiuè, have appointed yearly Fasts, and troubled some godly Professors for not observing the same. Whereas the office of a Deacon is set forth in the book of Discipline, and book of common order before the Psalms, according to the Word of God, to have no meddling with the preaching of the Word, or the ministration of the Sacraments, and by the first Confession of faith ratified in the Acts of Parliament, chapter 23. Ministers called unto particular flocks have only power of the Ministration of the Sacraments; yet the said Master David Lindsey with his foresaid Colleagues respectiuè, have given a power to certain Divines whom they make Deacons (men not admitted to the calling of the ministry) to administer the Sacrament of Baptism, under the names and titles of preaching Deacons, and they refuse to admit divers men to the calling of the Ministry before they be admitted to that Order. Whereas it is ordained by the book of Policy▪ and Acts of the Assembly, that no man should receive ordination to the Ministry without a present admission to a particular flock; yet the said Master David Lindsey with his foresaid Colleagues respectiuè, have separated the Act of Ordination from the act of Admission. Whereas according to the established order of the Church, and the Acts of the Assembly, the ordination and admission of Ministers should be public, in the presence and with the consent of the Congregation; yet the said Master David Lindsey with his foresaid Colleagues respectiuè, have given ordination to some men in other places, not in their own Congregation; & violently have thrust upon them scandalous Ministers. Whereas Ministers who teach erroneous and corrupt doctrine should be censured by the book of Discipline, and by the Acts of the Assembly; yet the said Master David Lindsey and his foresaid Colleagues respectiuè, have taught erroneous and corrupt doctrine themselves, and by their pretended power have preferred to the Ministry men who have taught erroneous doctrine against the Confession of Faith, and Acts of Parliament quoted in our Covenant; and they cherish and maintain them who teach Arminianism and Popery, as conditional Election; Free will; resistibility of effectual Grace; The universality of Christ's death; The merit of it in Heaven and in hell; a final apostasy of the Saints; The local descent of Christ into hell; That Christ came into the world clauso Virginis utero; auricular Confession▪ and Papal absolution; That the Pope is not Antichrist; That the Church of Rome is a true Church; That reconciliation with Rome is a thing easy; That the Church of Rome errs not in fundamentals; and that she differs not in fundamentals from the reformed Churches; They call in question the imputation of Christ's righteousness, and they affirm the formal cause of justifying faith, to consist in our inherent righteousness; They affirm that there is a local and circumscriptive presence of Christ in the Sacrament, and they change the Sacrament into a Sacrifice, and the Table into an Altar, the Ministers into Priests. There are other damnable and heretical points of Doctrine which they maintain; of which we shall give particular information in our particular accusation of each one of them respectiuè, with the proofs thereof, when we shall be required. Whereas by the Acts of the Church, no oaths or subscriptions should be required from those who enter into the Ministry, but to the Confession of faith, and to the book of Policy; yet the said Master David Lindsey with his foresaid Colleagues respectiuè, without a warrant from the Church or Parliament, do exact divers oaths and subscriptions from them who enter into the Ministry; namely, That they should both in public and private prayers commend the Prelates to Gods merciful protection; That they should be subject to the orders which were now in the Church, or by the consent of the Church, that is, by their consent (as they affirm) should be established; as to the Service Book, and to the Book of Canons. The heaviness of this grievance made the most part of his Majesty's subjects to complain in these Articles, that worthy men which have testimonies of their learning from Universities, and are tried by Presbyteries to be fit for the work of the Ministry, and for their gifts and lives were much desired by the people; yet these men are kept out because they could not be persuaded to subscribe and swear unto such unlawful oaths, which have no warrant from the Acts of the Church, nor the laws of the Kingdom; and they were Articles and oaths conceived according to their pleasure▪ and men of little worth, and ready to swear, were for by-respects thrust upon the people, and admitted to the most eminent places of the Church, and of the Schools in Divinity, which breeds continual complaints, and moves the people to run from their own parish Churches, refusing to receive the Sacrament from the hands of Ministers set over them against their hearts, which makes them not to render unto them that honour which is due from the people to their Pastors; and it is a mighty hindrance to the Gospel, to the souls of the people, and to the peace of this Church and Kingdom. Whereas in the Assembly holden at Edinburgh, in March, ann. 1578. it was declared that it was neither agreeable to the word of God, nor to the practice of the Primitive Church, that the Administration of the Word and Sacraments, and the ministration of civil and criminal justice should be confounded, that one person could supply both the charges, but that a Minister should not be both a Minister and a Senator in the College of justice. And in the Assembly holden in October An. 1578. it was reckoned amongst the corruptions of the State of Bishops, which they were charged to forgo, that they should usurp a criminal jurisdiction, that they should not claim unto themselves the titles of Lords, that they should only be called by their own names, or brethren; yet the said Master David Lindsey, with his foresaid Colleagues respectiuè, have assumed to themselves the titles and honours of Lords, they did sit as Senators in the College of justice, as Councillors in the Privy Council, as Auditors in the Exchequer, and have enjoyed prime Offices of State. The pretended Bishops have usurped the place and precedency before all Temporal Lords, the pretended Archbishops before all the Noble Earls of the land, and the pretended Primate before the prime Officers of State in the land. Whereas by the Word of God and Acts of the Assembly, namely, Anno 1576. 1577. and 1578. no man should be suffered to be a Minister, unless he be tied to a particular flock and congregation; and not to be tied to a particular flock it is condemned as a corruption of the state of Bishops which they were charged to forgo; yet the said Master David Lindsey, with his Colleagues respectiuè foresaid, are Ministers, and will not be tied to particular flocks. Whereas the office of a Bishop (as it is now used within this Realm) was condemned by the book of policy, and by the Act of the Assembly holden at Dundee, Anno 1580. whereof these are the words; Forasmuch as the office of a Bishop (as it is now used and commonly taken within this Realm) hath no sure warrant from authority, nor good ground out of the Scriptures, but it is brought in by the folly and corruptions of the inventions of men, to the great hurt of the Church, The whole Assembly of this Church with one voice, after liberty given to all men to reason in the said matter (no man opposing himself to maintain the said pretended office) do find and declare the said pretended office, used and termed as is abovesaid, unlawful in itself, as having neither ground nor warrant within the Word of God; and we do ordain that all such persons which do, or shall hereafter, enjoy the said office, shall be charged simply to dismiss, quit, and leave the same, as an office unto which they were not called by God; and that they shall leave off all preaching, ministration of the Sacraments, or other offices of Pastors, until such time as they receive admission de novo from the general Assembly, under the pain of excommunication to be used against them; and if they be found disobedient to contradict this Act in the least point, after due admonition, the sentence of excommunication shall be executed against them. And for the better execution of the said Act, it is ordained that a Synodall Assembly shall be holden in every Province (in which usurping Bishops are) 18. August next to come, in which they shall be cited and summoned by the Visitors of the said Countries to compeer before their Synodall Assemblies; as namely, The Archbishop of S. Andrew's to compeer at Saint Andrew's, The Bishop of Aberdene in Aberdene, The Archbishop of Glasgow in Glasgow, the Bishop of Murray in Elgin, to give obedience to the said act, which if they refused to do, that the Synodall Assemblies shall appoint certain brethren of their Presbyteries to give them public admonitions out of their Pulpits, and to warn them, if they disobey, to compeer before the next General Assembly to be holden at Edinburgh 20. Octob. to hear the sentence of excommunication pronounced against them for their disobedience: and to this act the Bishop of Dumblane that then was, agreed, submitting himself to be ruled by it: it was also condemned by the act of Glasgow Anno 1581. which doth ratify the former act of Dundee, and ordains the book of policy, which was approved by several General Assemblies to be registrated in the books of the Assembly, and enjoined the general confession of faith to be subscribed by all his Majesty's Liege's, Yet hath the said Master David Lyndsey with his foresaid Colleagues respectiuè, not only encroached upon the liberties of Presbyteries and Synods, but hath also took Consecration to the office of a Diocesan Bishop, without the knowledge or consent of the Church, and against the acts of it, claiming the power of ordination and jurisdiction, as due to him by that unwarrantable office. Besides, the said Master David Lyndsey with his foresaid colleagues respectiuè, have, against the Laws of the Church and Kingdom, brought in the Service book, the book of Canons, and the High Commission Court, and would have changed and overthrown the whole frame of doctrine of God's word, the use of the Sacraments, the Discipline, Liberties and Privileges of this Church and State, if the Lord had not prevented them; The particulars we shall present to your wisdoms, though it be known to all men, how he and they have abused his Majesty's authority against his Royal intentions and Declarations, they having moved discontents betwixt the King and his subjects, by scandalous lies betwixt subject and subject, for which things complaints have been given in to the Council, which we hold hear to be repeated as a part of our complaint, and to be tried by your wisdoms, and referred to the Assembly. Besides all these faults, the said Master David Lyndsey with his Colleagues respectiuè, in his life and conversation is slandered constantly as guilty of excessive drinking, whoring, playing at Cards and Dice, swearing, profane speaking, excessive gaming, profaning of the Sabbath, contempt of the public ordinances and private familie-exercises, mocking of the power of preaching, prayer, and spiritual conference, and sincere professors; beside, with bribery, simony, selling of Commissariots places, lies, perjuries, dishonest dealing in civil bargains, abusing of their vassals, and of Adultery, and incest, with many other offences, of which we shall give the particulars in our particular accusations. Whereas the Presbytery is the ordinary judicatory of this Church for trying of these offences, and hath the Ecclesiastical power for cytation of the parties and offenders, with the reference to their complaints to the General Assembly, Therefore we most earnestly and humbly beseech your godly wisdoms, as you tender the glory of God, the peace and liberty of this Church, the removal of scandals, and punishment of vice, that you will take into your consideration and trial the foresaid many and heinous offences, with the particular reservations and qualifications of them, which we shall present to your wisdoms, or to the Assembly when it shall be thought convenient; and that you would either take order with it yourselves, and censure the offenders, according to the nature of the offences, with the Ecclesiastical pains contained in the Acts and foresaid Canons of this Church and Kingdom, or else make a reference of them to the General Assembly to be holden at Glasgow 21. Novemb. and, that the knowledge of these should come to the Delinquents, that you will be pleased to ordain the publishing hereof, to be made by all the Brethren of the Presbytery in their Pulpits upon the Sabbath before noon, with a public admonition to the offenders to be present at the Assembly, to answer to this complaint, and to undergo the censure and trial of it, and to bring with them the books and scrolls of subscriptions and oaths required from those who enter into the Ministry, with the books of the High Commission Court, and the books of the General Assembly, which they or their Clerk had or have fraudulently conveied away, Together with this certification, That if the said Master David Lyndsey, with his foresaid colleagues respectiuè, do not appear in the said Assembly, and bring with them the said books, to answer to this complaint in general, and to the particular heads of it, and to submit himself to the trial and proof of this complaint general, and to the particular heads of it, that there shall be a condign censure of these offenders for their contempt and contumacy; Here we humbly beseech your wisdom's answer. The Act of the Presbytery of Edinburgh 24. Octob. 1638. years, in answer to this Complaint. UPon the said day, we the Brethren of the Presbytery of Edinburgh, after we had received this Bill and complaint, presented unto us by the Laird of Buchanan, The Laird of Dury the younger, The Laird of Carlourie, John Smith late bailiff of Edinburgh, John Hammiltoun, and Richard Maxwel, in name of the Noblemen, Barons, Burgesses, and Commons, subscribers of the Covenant (which are not Commissioners to the General Assembly) against the pretended Archbishops and Bishops of this Kingdom, and after we had read and seriously considered the same, we, according to the desire of the complainers did and do refer the same to the next General Assembly to be holden at Glasgow 21. November. And we ordain the publishing of this complaint, and of our reference of it to the Assembly, to be fully read by all the Pastors of the Presbytery upon the next Sabbath before noon out of their Pulpits, with a public warning and cytation to the offendants complained upon; By name, Master John Spotswood pretended Archbishop of Saint Andrew's, Master Patrick Lyndsey pretended Archbishop of Glasgow, Master Thomas Sydserfe pretended Bishop of Galloway, Master David Lyndsey pretended Bishop of Edinburgh, Master Alexander Lyndsey pretended Bishop of Dunkeld, Master Adam Bannatine pretended Bishop of Aberdene, Master John Gutherie pretended Bishop of Murray, Master John Maxwel pretended Bishop of Rosse, Master George Greme pretended Bishop of Orknay, Master John Abernethie pretended Bishop of Caithnes, Master Walter Whitefoord pretended Bishop of Brichen, Master James Wedderburne pretended Bishop of Dunblane, Master James Fayrley pretended Bishop of Argyle, Master Nail Campbel pretended Bishop of the Isles, to be present at the said Assembly, to answer to this complaint in general, and to the particular heads of it, to undergo the trial and censure of it, and to bring with them the books and scrolls of the subscriptions and oaths of them who enter into the Ministry, the books of the High Commission, and the book of the General Assembly, which they either had or have fraudulently put away; and if any Pastor within this Presbytery refuse to publish this cytation, we require the Reader of the Church to do it. In like manner we require all parties who have interest, either in pursuing, or specifying, or proving this complaint, to be present at the said Assembly for that purpose: Upon which the complainers took instruments in the hands of the Notary. According to this complaint, and the warrant of the Presbyteries reference of it, I A. R. warn and admonish the abovenamed offenders to compeer before the next General Assembly to be holden at Glasgow 21. November, for the causes contained in the complaint, and for the certification expressed in it. NOw though the very reading of this Libel cannot choose but work a detestation of it in the heart of every religious and just man, yet the Reader shall do well to take a more special notice of these particular passages of injustice and impiety in it: First, that the Presbytery of Edinburgh taketh cognisance of the cause, and accordingly makes cytation, not only of the Bishop of Edinburgh, over whom they can have no jurisdiction, but of all the rest of the Archbishops and Bishops, of which none at all, or certainly if any, very few, are inhabitants within the bounds of their Presbytery: And who before this, did ever hear that any Consistory or judicatory, Ecclesiastical or Civil, could make process against any man, or take cognisance of the cause of any man, who was not an inhabitant, nor had any charge or estate within the Precincts or bounds of those places, which only are liable to the jurisdiction of that Court? Next, who did ever hear that men should wittingly and willingly city others to answer for the transgression of acts and Laws which they themselves do know were repealed by posteriour acts and Laws; and so stood at the time of this cytation, and therefore can no ways be censurable for them, though it were true that the person cited had done as it is alleged in the Libel, and such be these acts of Assembly cited by them, which were and still are disannulled by diverse acts both of Assembly and Parliament: Thirdly, who did ever hear that men should be called in question for yielding obedience to acts of Parliament and General Assembly, and yet in this Libel the Prelates are charged with giving voices in Parliament, and practising the five Articles of Perth, and diverse other particulars, which then were and are now still in force by acts both of Parliament and Assembly: and if it should be said that these acts were unduly obtained, which is the Covenanters only plea, sure to say so is a greater fault than the other; for what Judge can ever give sentence in any cause, if the asseveration of the party aggrieved by the sentence, that the Law was unjustly made, may pass for a good plea? Fourthly, who ever heard that men should be charged with yielding obedience to acts commanded by the authority of Us and Our Council, especially in things not repugnant to any established Law of that Church and Kingdom? and yet such are all these pretended Innovations, with the introduction whereof the Prelates are charged in this Libel: for they were enjoined and commanded first by Us, and then by acts of Our Council, it being far more agreeable to reason to complain of the Lords of Our Council, by whose authority they were commanded, then of those who in dutiful obedience to authority did practise them: But indeed it is to be wondered at, with what face the Covenanters can blame either the one for commanding, or the other for practising them: For what ground have they, or did they ever yet allege, for their swearing to the Confession of Faith and their Covenant annexed? Did they ever yet allege any but the authority of Our Royal Father and his Council, who by their authority commanded them to be sworn throughout the Realm? And did not We and Our Council by equal authority command these pretended Innovations? Was not then the Prelates practice of them as well warranted, as this Confession of Faith and the band annexed, which were never brought in by acts of Parliament or Assembly, but merely by Our Royal Father's Prerogative, and put in execution by the authority of his Council? Fifthly, who did ever hear that men professing Piety and Religion, durst adventure in the sight of God, in the house of God, and in the Pulpit, which is as it were the Chair of God, and in the face of the Congregation, which is the people of God, to command the Bishops to be indicted and accused of such horrible crimes, as whoring, excessive drinking, excessive gaming, swearing, profane talking, profanation of the Lords day, contempt of God's public ordinances, neglecting piety in their families, mocking of the power of preaching, prayer, and spiritual communication; bribery, simony, lying, perjuries, unhonest dealing in civil bargains, adultery, incest, and what not? We do even appeal to their own consciences, whether they did think all of them, or any one of them, guilty of all these crimes: Most certainly they did not; and that excuse which they bring for the justifying of this wicked Libel cannot any ways extenuate their fault: They say that some particulars contained in the whole Libel may be proved against every one of them, and therefore it is a good and a legal Libel, if they can make good any thing contained in it: But be it legal or not, the world must needs take notice that it is most unconscionable. The other things mentioned before, and charged upon them in this Libel, are not crimes at all, being warranted by acts of Parliament, Assembly and Council; these last rehearsed are crimes indeed, odious in the sight of God and man, and of which, as if they be guilty, the Bishops deserve death and exquisite torments; so, if they who have accused them of these crimes, shall fail in proving them to be guilty, they deserve to be infamous throughout all generations, for the most malicious and malignant traducers of the servants of God, that ever lived upon the earth, and must look for the unavoidable judgements of God to fall upon them and their whole families for this so horrible a crime, committed wilfully against the knowledge of their own consciences, unless they do expiate it with the bitter tears of repentance: For We desire them to declare bonâ fide, whether they themselves did believe or conceive all the Bishops accused in the Libel, or only some of them to be guilty of these last recited crimes: If not all, but some, why did they not distinguish them, that the people might know whom they should take for guilty, and whom for not guilty? Nay, did they not believe and know, that some of these Bishops were holy and learned men, free from the crimes objected? For instance, We will only name the Bishop of Edinburgh, seeing in the principal Presbytery of his Diocese this Libel was presented, admitted, and publicly read in the Churches within the Precincts of it: did they then, or do they yet believe or suspect that he was guilty of incest, adultery, excessive whoring, gaming, drinking, dicing, swearing, etc. ut supra? We do verily believe, that if they were judicially called, they would absolve him from such foul crimes; how then they can answer to God, men, or their own consciences, for accusing that reverend, learned, and holy Prelate of such crimes, for which they themselves would be his compurgators, We must leave it to themselves to resolve: Nay, what if they themselves did not believe any one, not the most hated of all the Prelates to be guilty of these last recited crimes? Sure, the presumptions are very pregnant and unanswerable, that they did not believe it: for at the general Assembly, when the several Bishop's causes came to be heard and discussed upon this Libel, they did not so much as offer to make any proof of these last rehearsed crimes against them, they examined not so much as one witness upon them in discussing the processes of many of the Bishops: And in the printed Acts of their pretended Assembly (as shall appear by those passages of it in their place) in their particular sentences of deprivation and excommunication, they not only do not censure them for these crimes, but do not so much as take notice of them: And it is well known, that these men who in all their proceedings had made every Bishop's moat a beam, were not so mercifully or compassionately affected towards them, that they would have spared them, or forborn to make proof of these crimes, if they had seen but colour for it. If they shall say, that though they could not prove these crimes, yet there was a public scandal of them; There was indeed a scandal raised amongst them, and that public enough, when it was proclaimed in the Pulpits; But by whom was it raised? even by the principal Covenanters themselves, who were resolved to raise a fame when they were sure they could prove no fact: or if they should allege that they did forbear probation, or examining of witnesses, out of their respect either to the Bishop's calling or their persons, they will hardly find credit with any one; For who will think they did it out of the respect of their calling, which they have given out for Popish and Antichristian? or out of respect of their persons, whom they have scandalised in so many great and public congregations of the Kingdom, infinitely exceeding in number those who were present at the Assembly? The plain truth than was this: They could easily slander them with these crimes in the Churches, but they were sure they could make no proof of them at the Assembly. Sixthly, who did ever hear, that the form of proceeding of Presbyteries in that Kingdom was by reading of the Libel in any Church? the custom being to city them personally where they may be found; or if they be not to be found, by leaving both the cytation and copy of the Libel at the place of their dwelling; or if the party be out of the Kingdom, by citing him publicly in the Church, and afterward serving him with a copy of the Libel upon his coming home and appearance: and if he do not appear, by proceeding against him tanquam pro confesso; which form was observed by them in the processing of all the Ministers, whom at this time they suspended and transmitted over to the general Assembly, none of their Libels being publicly read in Churches: But with the Bishops they proceeded otherways, against all course of Law, made the Libel against them be read publicly in the Churches, and that after diverse of them, upon the Covenanters own knowledge, had been served with it by the Officers of that Presbytery; so that there was no use of any further public citation, personal citation being already made: Nay, and to do it upon a Sunday, though that morning the Magistrates of Edinburgh, by Our Commissioners special commandment, required them to forbear: Nay, yet to publish that infamous Libel in their Churches, upon a day when the holy Communion was solemnly administered; Nay, and in the College Church where Rollock is Minister, (because it was late, and after noon before all the people had received) to have the ordinary thanksgiving and prayers after the Communion quite omitted, and the afternoon Sermon begun without any precedent prayer, and all to gain time for the reading of this lewd Libel, as if it had been of greater consequence then either the thanksgiving or prayers after the holy Communion, or the reading of those Lessons and Chapters of sacred Scripture, or using of prayer, which are duties usually performed before Sermon: Nay, to have this Libel read in the afternoon, directly against the Act of the Presbytery which appointed it to be read in the forenoon, and to have it read neither by Minister nor Reader, as the Act enjoineth, but by a Layman, and a fiery Advocate: All these put together, let the Reader judge whether here were not many acts, first of injustice, then of impiety; As drawing along with them the profanation and violation of the Lords house, the Lords day, the Lords holy Communion, the Lords service and worship in both parts of it, Prayer and Preaching. Seventhly, the Reader shall do well to observe in the Preface of this Libel, what a harmless and hazzardlesse mustering and training of their men they make: For all the Covenanters being now one gross body, sworn to one Covenant, and to mutual defence one of another, without admitting any motion which shall tend to the division or breaking of their ranks, see how they divide themselves, only to exercise their arms, and to make them perfect in their postures and motions; after they have cast themselves in several figures, they fall to skirmishing, not in earnest, but in jest, to please themselves and the spectators: For since they could not all be Judges, and Commissioners of the Assembly, they make their fellow-Covenanters not elected Commissioners, to be Plaintiffs; so that indeed upon the point, the Plaintiffs and Judges are all one: for they having all sworn and abjured (as they say themselves) the principal things to be determined in the Assembly, the same actors before they came from their Tables at Edinburgh, sorted and divided their parts, appointed some to be chosen Commissioners, and so to act the part of Judges, and others of themselves to draw a Libel against those whom they should nominate, so they should act the part of Plaintiffs: In the mean time, what was like to become of the poor Defendants and the parties cited? whether they were not like to be killed in this play, let the spectators deliver their opinions: And this now is that Libel, with which the Covenanters did undoubtedly compass their own end, which was, to raise up in the people an utter abhorring of the present Bishops persons, and an irreconcilable hatred against both their persons and calling; but with what religion, justice, and honesty they have effected it, others besides themselves, both in heaven and earth, must judge and give sentence. As this of the Libel was a trick of falsehood, so about this time there was put upon the people a notable trick of forgery, which was this: There was a maid, whose name is Michelson, her father was a Minister; and when he died left her young, she hath been for many years distracted by fits: Upon this young Maid's weakness some were pleased to work, and to report her for one inspired with a spirit of divination; and finding, that out of her blind zeal she was wonderfully affected with their Covenant, and that in her raving fits her words tended all, or for the most part, to the admiration of it, and detestation of the opposers of it; and perceiving, that she was well skilled in the phrases of the Scripture, and had a good memory, so that she could remember the bitter invectives, which both in the Pulpits and elsewhere she had heard made against the Bishops and the Service-booke, they thought her a very fit instrument to abuse the people, and cried her up so much, that the multitude was made believe her words proceeded not from herself, but from God. Thence was that incredible concourse of all sorts of people, Noblemen, Gentlemen, Ministers, Women of all ranks and qualities, who watched or stayed by her day and night, during the time of her pretended fits, and did admire her raptures and inspirations, as coming from Heaven: She spoke but at certain times, and many times had intermissions of days and weeks, in all probability, that she might have time to receive instructions, and to digest them against the next time of exercising her gifts (as they call them;) which so soon as she was ready to begin, the news of it was blown all the Town over, and the house so thronged, that thousands at every time could find no access. The joy which her auditors conceived for the comfort of such a messenger from Heaven, and such messages as she delivered from thence, was many times expressed by them in tears, by none more than by Rollock her special Favourite; who being desired sometimes by the spectators to pray with her, and speak to her, answered, That he durst not do it, as being no good manners in him to speak while his Master was speaking in her. Now, that she was set up by the Covenanters, to persuade their ends with the people, there be two reasons which may induce the Reader probably to believe: First, because that they of best judgement, who were present at the time of her pretended raptures, did affirm, that they saw nor could observe nothing supernatural in them; they only found she had a good memory, especially of that which she had read in the Scripture, or had heard preached: that she had a very good expression of herself, but yet they found that both she knew that she was speaking, and what she was speaking (contrary to that report which went about of her) and that while she was speaking, if she were interrupted by any questions, she made very pertinent answers to them, which could not have been, if all that time she had been transported with any supernatural rapture. Secondly, because most of all that she spoke, still tended to the Covenanters ends: when she spoke of Christ, she ordinarily called him by the name of Covenanting Jesus: The sum of her speeches for the most part was, that it was revealed unto her from God, that their Covenant was approved and ratified in Heaven; but that Our Covenant was an invention of Satan; that all the adherents to it should be confounded, as all the adherents to the former were and should be protected by God, the author of their Covenant, against all opposition whatsoever; which speeches of hers were averred by the Covenanters with as great confidence, and admired by the people with as much veneration, if not more, as any other of their Pulpit Dictates: which presumptions did make very many (both Covenanters and others) think, that the crying up of this Maid, did look something like a Romish imposture. Let all this rebellious behaviour, and these contempts of Our Commissioner and Council, interveening between Our last gracious Proclamation of the indiction of the Assembly, and the day of the Assembly near at hand, be laid together, and what judgement can any man make of them, but that they were devised and practised principally for this purpose, That Our Commissioner might prorogue or discharge the Assembly, from whence by these strange proceedings he could not have the least hope of any good: and if he should discharge it, they were sure they should gain some credit with their party, whom they had made believe that he never intended otherwise, as also, should indict an Assembly themselves, which they made full account to do; which appeareth both by the tenor of the Commissions given to their several Commissioners, both from Presbyteries and Burrowes, which run thus: We give you full power to appear for Us at this Assembly now indicted the 21. of November next, wheresoever it shall happen to be, not naming the place, Glasgow, where We had appointed it, hoping that it should be prorogued; in which case they intended to hold it at Edinburgh, the seat of their Tables, As also by diverse of the Covenanters Letters written to that purpose; the copy of one, written by the Lord of Balmerino, We here exhibit to you. Loving Cousin, I Have lately received advertisement from several friends that are chosen Commissioners for the Assembly, to help them to lodgings in Glasgow; I send you h●re a Roll of some of our particular friends, whereof you may give a Copy to the Provost and Magistrates, that they, (being men of quality) may be accordingly furnished for themselves and their train, with such rooms (at least) as you have provided for me. I hope your Magistrates have been as careful to provide for the Commissioners as for the Counsellors, which are not so necessary members of the Assembly as the Commissioners: And if they be not well eased, it may be a great argument to the Assembly to remove itself elsewhere. I am of opinion, that of the three hundred necessary Commissioners of Assembly, the half of them have not provided themselves, as being far distant and unacquainted, hoping in so good a town to fnde all commodities for money. I would send a servant to take possession of those Lodgings which can be had, for myself and our friends, that we be not surprised with the Counsellors followers, who are to be with you the 15 or 16 of this instant. George Porterfield undertook to my Lord Lindsey and other Noblemen, at his last being here, to bespeak three or four of the best Lodgings they designed for such Noblemen as was given him in list; we have heard nothing of his performance. My Lord Lindsey hath written ofttimes to me, and I would entreat you to desire George to write with the first occasion to John Smith, or any other he pleaseth here, that we may know his care and account of his undertaking. You will pardon me for this trouble I put you to, being for friends that will be very sensible of it, whereof none are more obliged and less able to acquit all your favours, than Edinb. Novemb. 8. 1638. Your loving Cousin to dispose of, Balmerino. I could wish our own friends were as well bestowed near one another as can be; and if I cannot come there the next week, I will send a servant. BY these lines you may easily perceive, both the insolent contempts used by these men towards Our Council, and the resolution which they had to keep the Assembly, or to remove it at their pleasures. But after they were once persuaded, that Our Commissioner was resolved to hold the Assembly at the time and place appointed by Our Proclamation, the time of it approaching, they sent out from their Tables a second paper of public instructions throughout all the parts of the Kingdom, which were these▪ THat all Noblemen subscribers of the Covenant, (except the Noblemen of the West, who shall be ready upon advertisement) meet at Edinburgh the 12. of November, and stay there till they go to Glasgow, where they shall all meet on Saturday the 17. of November at the furthest. That the full number of these who are appointed Commissioners by the several shires, to attend this common cause, with four Gentlemen within the bounds of every Presbytery at the least, out of the number of their Assessors, without excluding any voluntaries, That they come to Glasgow the 17. day of November, to attend constantly the Assembly, and give their advice in the common cause to the ruling Elders, Commissioners to the Assembly out of these Shires and Presbyteries. That the Burrowes appoint (according to their quality and number) two, four, or six, of most judicious men to come to Glasgow the 17. of November, and there constantly to attend the Assembly, and give their advice to their Commissioner in this common cause. That the Fast be observed the fourth day of November universally, with any other days they may conveniently: and if any be repairing to the Assembly, that they keep the Fast where they shall be for the time. That now especially, seeing ruling Elders from particular Congregations are received in Presbyteries, that particular Congregations take such course, that no Minister Commissioner be forced to be absent from the Assembly for want of necessary charges. That where any hath been deceived or compelled to subscribe this new Covenant, that the Ministers take their Declarations in writing, or by act in the books of Session, or before one witness, that they were forced, deceived, or mistaken: And that every Minister make known, and intimate publicly to the people the printed protestation, containing the reasons against this new subscription; and where the Minister refuseth, that some well affected Gentleman do it. IN the first of these, there is a meeting appointed of all the Commissioners, first at Edinburgh, then at Glasgow, which was (no doubt) to agree upon the conclusions to be made in the Assembly, before the Assembly should assemble: In the second and third you see a course taken, That both from Presbyteries and Burrowes, the several Commissioners shall have numbers of Assistants, without whose advice the Commissioners were to conclude nothing; a thing never heard of before at any Assembly of that Church; and by which multitude they meant to terrify all those, who in Glasgow should offer to oppose or speak against them. In the fourth, to the high contempt of Our Authority and Proclamation, they appoint another day for the public Fast than was by Us designed. In the sixth, they order that all these who had subscribed Our Covenant and Confession, should be presented as public offenders. These new instructions, especially that Article which appointed so great troops to repair to Glasgow, all which (as Our Commissioner was informed) meant to go thither with Arms, and in hostile equipage, which is most severely prohibited by the Laws of that Our Kingdom, moved Our Commissioner and Council, by public Proclamation at the Cross of Edinburgh, severely to interdict any Commissioner for the Assembly at Glasgow to travel thither, or to continue there with more attendance than those of their own family and ordinary retinue; and that they should carry with them no other Arms, but such as were allowed by the Laws of that Kingdom, under the pains and penalties contained in the said Laws. This Proclamation they only answered with a Protestation, yielding no obedience to it; for they traveled to Glasgow in great troops, carrying with them prohibited and warlike Arms. It is easy now to be conceived, that Our Commissioner could expect no good from this Assembly, the preparations whereunto were so full of rebellion and tumult; and the precedent elections of the members whereof had induced many legal, unavoidable, and undeniable nullities of it: yet because Our people should clearly see the reality of Our royal intentions, and the Covenanters party might understand how they had been abused by the reports which their leaders had dispersed, That We meant nothing less than to keep this Assembly; and principally, that in that Assembly We might fully make good to all Our subjects, whatsoever We had promised in Our last gracious declaration, (the heads of the Covenanters having mainly laboured with them that point, viz. that We never meant to perform what therein We had promised) Our Commissioner began his journey towards Glasgow, and arrived there on the 17. day of November in a quiet and peaceable manner, none of his train carrying with them any prohibited arms: There met him at Glasgow all Our Council by Our direction, according to a Letter which We had written unto them, requiring them to assist him all the time of his being there, with their best concurrence and counsel: Our Letter to them here followeth. RIght trusty and right well-beloved Cousin and Counsellor, Right trusty and right well-beloved Cousins and Counsellors, We greet you well: As by your Letter We find how well you are satisfied with Our gracious pleasure, expressed in Our late Proclamation and Declaration; so We do expect the continuance of your care by your best endeavours, to bring all Our good people to a true sense of Our Royal intentions, and real care of preferring and advancing the good and peace of that Church and Kingdom, which hath always been and still is one of Our chiefest cares. We give you hearty thanks for your affection and pains in this service, and do approve of your course in subscribing of the Confession and band, and order taken by you for publishing and requiring the like due and thankful acceptance of Our gracious pleasure by all Our good subjects. And seeing the time of the Assembly doth now approach, We require you to attend diligently upon Our Commissioner, until the time appointed for the down sitting of the said Assembly, and further, to the final ending thereof; that from time to time you may be assisting to him with your best opinions and advices, for preparing and digesting every thing that may conduce to bring this business, to be treated upon in the Assembly; to the wished peaceable and happy end. And although We will not doubt but that all Our good subjects will be careful of every thing that may concern Us, or Our Sovereign authority; yet because that at such public and general meetings, it is not to be expected that all men's dispositions will be alike, and of one temper, We require you, and that in a more particular manner, according to the trust and confidence We have in your affections to Our service, carefully to advert, that if any proposition shall be made, which may seem to derogate from Sovereignty, or that true estate of Monarchical Government already established within that Kingdom, or which may impede the peaceable conclusion of this Assembly, that as good subjects and faithful Counsellors and servants to Us, you assist Our Commissioner to withstand the same to the uttermost of your power: To whom We will you to give absolute trust in every thing which he in Our name shall deliver or impart to you, or any of you, in public or in private, And so We bid you farewell. From Our Honour of Hampton Court the first of October. 1638. THe City of Glasgow being much filled and thronged with all sorts of people, on the 21. day of November 1638. the day designed by Our Proclamation, the General Assembly begun, and was opened; and the proceedings were as follow. After Sermon in the morning, they assembled in the afternoon: The ancientest Minister of the Town, who had preached in the morning, desired all present to begin the Action with the choosing of a Moderator: Our Commissioner (who sat upon a State raised in a place eminent above the rest, with his Assessors about him conveniently seated below) told them that there was something to be done before the choice of the Moderator, viz. that his Commission was first to be read, that it might be known by what authority he sat there; which was done, and so Our Commission to him was publicly read, as followeth. CAROLUS Dei gratia, Magnae Britanniae, Franciae, & Hiberniae Rex, fideique Defensor, Omnibus probis hominibus suis ad quos praesentes literae pervenerint, Salutem. Sciatis nos considerantes magnos in hoc regno nostro Scotiae non ita pridem exortos tumultus, ad quos quidem componendos multiplices regiae nostrae voluntatis declarationes promulgavimus, quae tamen minorem spe nostrâ effectum hactenus sortitae sunt: Et nunc statuentes ex pio erga dictum antiquum regnum nostrum affectu, ut omnia gratiosè stabiliantur & instaurentur, quod (per absentiam nostram) non aliâ ratione melius effici potest quam fideli aliquo Delegato constituto, cui potestatem credere possimus tumultus hujusmodi consopiendi, aliaque officia praestandi, quae in bonum & commodum dicti antiqui regni nostri eidem Delegato nostro imperare nobis videbitur. Cumque satis compertum habeamus obsequium, diligentiam, & fidem praedilecti nostri consanguinei & consiliarii, Jacobi Marchionis Hamiltonii, Comitis Arraniae & Cantabrigiae, Domini Aven & Innerdail, etc. eundemque ad imperata nostra exequenda sufficienter instructum esse, Id●irco fecisse & constituisse, tenoreque praesentium facere & constituere praefatum praedilectum nostrum consanguineum & consiliarium Jacobum Marchionem de Hamiltoun nostrum Commissionarium ad effectum subscriptum. Cum potestate dicto Jacobo Marchioni de Hamiltoun, etc. dictum regnum nostrum adeundi, ibidemque praefatos tumultus in dicto regno nostro componendi, aliaque officia à nobis eidem committenda in dicti regni nostri bonum & commodum ibi praestandi, eoque Concilium nostrum quibus locis & temporibus ei visum fuerit convocandi, ac rationem & ordinem in praemissis exequendis servandum declarandi & praescribendi; & quaecunque alia ad Commissionis hujus capita pro commissâ sibi fide exequenda, eandemque ad absolutum finem perducendam & prosequendam conferre possunt, tam in Concilio quam extra Concilium, nostro nomine efficiendi & praestandi; idque similitèr & adeò liberè acsi nos in sacrosancta nostra persona ibidem adessemus. Praeterea cum plena potestate dicto Jacobo Marchioni de Hamiltoun, prout sibi videbitur nostro servitio & bono dicti regni nostri conducere, conventum omnium ordinum ejusdem regni nostri indicendi, ac publica comitia & conventus eorundem ordinum eorumve alterius vel utriusque quibus temporibus & locis sibi visum fuerit statuendi, & ibidem nostram sacratissimam personam cum omnibus honoribus & privilegiis supremo Commissionario nostri Parliamenti & publici conventus incumben̄ similiter adeoque amplè sicut quivis supremus Commissionarius quocunque tempore retroacto gavisus est gerendi: Necnon cum potestate praefato Jacobo Marchioni de Hamiltoun Synodos nationales ecclesiae dicti regni nostri tenendas temporibus & locis quibus sibi visum fuerit indicendi, & ibidem seipsum tanquam nostrum Commissionarium gerendi, omniaque eisdem tenendis inservientia secundum leges & praxin praedictae ecclesiae & regni nostri praestandi: Et hac praesenti nostrâ Commissione durante nostro beneplacito duratura, & semper donec eadem per nos expressè inhibeatur. In cujus rei testimonium, praesentibus magnum sigillum nostrum unà cum privato nostro sigillo (quia praefatus Marchio de Hamiltoun in praesentiarum est magni sigilli custos) apponi praecepimus, Apud Oatlands vigesimo nono die mensis Julii, Anno Domini millesimo sexcentesimo trigesimo octavo, Et anno regni nostri decimo quarto. Per signaturam manu S. D. N. Regis suprascriptam. NOw, this Our Commission was sealed both with Our great Seal of that Kingdom and Our Privy Seal, because the Archbishop of S. Andrew's the late Lord Chancellor, had lately delivered up unto Us Our Great Seal of that Kingdom, which being by Us for a time deposited into the custody of Our Commissioner until We should otherwise dispose of it, it was thought fit, that Our Commission to him should be attested, not only by Our Great Seal, which he then had in his custody, but by Our Privy Seal also, which was in the keeping of the Lord Privy Seal: After the Commission read, Our Commissioner exhorted them to a peaceable and moderate carriage, touching a little (but with great discretion) the disorderly proceedings which had been used before their meeting: At which a Nobleman Lay-Elder presently took fire (an undoubted presage of their succeeding carriage) and answered sharply, That they had given his Grace content for all their proceedings; to which Our Commissioner replied, That he had never yet received any satisfaction from them in any of their proceedings, and, by way of attestation, called God to witness to it: It had like to have grown to a hot contestation, but that that night the Assembly was dismissed. The next day upon their first sitting down, they urged presently the choice of a Moderator; but Our Commissioner desired first Our Letter to the Assembly to be read, which was done, and it was thus: ALthough We be not ignorant that the best of Our actions have been mistaken by many of Our subjects in that Our ancient Kingdom, as if We had intended innovation in Religion or Laws; yet considering nothing to be more incumbent to the duty of a Christian King, than the advancement of God's glory, and the true Religion; forgetting what is past, We have seriously taken to Our Princely consideration such particulars as may settle and establish the truth of Religion in that Our ancient Kingdom, and also to satisfy all Our good people of the reality of Our intentions herein, having indicted a free General Assembly to be kept at Glasgow the 21. of this instant; We have likewise appointed Our Commissioner to attend the same, from whom you are to expect Our pleasure in every thing, and to whom We require you to give that true and due respect and obedience, as if We were personally present Ourselves. And in full assurance of Our consent to what he shall in Our name promise, We have signed these, and wills the same for a testimony to posterity to be registered in the Books of the Assembly. At White-Hall the 29. of October. 1638. THen they called again for the choice of a Moderator, at which time one Doctor Hamilton presented to Our Commissioner a Declinator and Protestation in the name of the Bishops against the Assembly, containing the nullities of it, with a desire that it might be read, and a public Act entered for the production of it: Upon this there arose a very great heat in the Assembly, they alleging, that nothing could be done until a Moderator was chosen; and they did directly refuse to read the said Declinator: upon which both Our Commissioner entered a Protestation in Our Clerk of Registers hands against the refusal of it, and took instruments thereupon; and so likewise did Doctor Hamilton in the name of the Bishops. At last they proceeded to the choice of a Moderator, to which, before Our Commissioner gave way, he entered (as before) another Protestation, that their Act of choosing should neither prejudice Our Prerogative and Authority, nor any Law or Custom of that Church and Kingdom, nor bar him (when he should see cause) from taking legal exceptions, either against the person elected, or the illegality of his election: And so they having put diverse other stales upon the List, accordingly as it was resolved upon before at their Tables in Edinburgh, without one contrary voice except his own, who could not choose himself, one Master Alexander Henderson, the prime and most rigid Covenanter in the Kingdom, was chosen Moderator. The third day Our Commissioner, at their first meeting, required again that the Bishops Declinator and Protestation might be read, which he conceived they had promised after the Moderator should be chosen: but they rejected it again, adding then, that the Assembly must be fully constituted of all it members, and be once an Assembly, before any thing could be presented to it: To which it was answered by Our Commissioner, That he required it only to be read, not to be discussed until the members of the Assembly were constituted by allowing of their several Commissions, because this Declinator contained reasons why either all, or at least some elected, should not be admitted Commissioners in the Assembly, because of the nullities of the elections expressed in the Declinator; which reasons containing the said nullities, might persuade (as they hoped) with them, for the rejecting their Commissions, which could not be done after their approving and allowing of them, and so by virtue of these Commissions, admitting them for constituted members of the Assembly. The reason why Our Commissioner did so earnestly urge the reading of that Declinator, was, because he did foresee the fallacy which they meant to use, viz. The Declinator cannot be read before the Assembly be constituted; and they fearing that the Declinator contained reasons against the constitution of it by such members as were elected, and that after they were once admitted, it was too late to allege any reasons; for than they were sure to answer, that all elections were discussed, and the members of the Assembly received, and therefore nothing then to be heard against either; which indeed afterward was their very answer: There was nothing left here to Our Commissioner, but entering a Protestation as formerly, and solemnly calling themselves to witness, whether with any show of justice the reading of the Bishop's Protestation could be denied before the elections were admitted, the principal aim of it being to show reasons why they could not be admitted, wondering with what colour or face they (above all men) could do it, who had read and published so many Protestations both against Our Proclamations and Acts of Our Council; and so, how they could deny to Our Commissioner a thing required in Our name, and by Our authority, which they themselves had practised without any warranty or authority at all: But all in vain; for not the least resolution taken at Edinburgh must suffer any abatement: and therefore rejecting the reading of the Declinator, they first put by the Clerk of the Assembly his son, who by reason of his father's sickness had a lawful deputation from him, and whom (as it seemeth) they afterward wrought to a demission, and went on to the election of a new Clerk, whom without one contrary voice they did choose, viz. one Master Archibald Johnston an Advocate, the Clerk of their Tables at Edinburgh; against whose election Our Commissioner likewise protested as formerly. At his admission he made a short speech, declaring (against his conscience) his unwillingness to accept that charge, but yet affirming, that at this time he would not be wanting to contribute his part towards the defence of the prerogative of the Son of God; as if that now had been in any danger. The fourth day they begun the reading of the several Commissions. Our Commissioner, as formerly, entered a Protestation to take exception against their elections, in his own due time; only he was content they should go on, that he might see their justice in allowing or disallowing the elections, of which he knew many to be very untoward, and made with violence: Now the Reader is carefully to observe their partiality in admitting or rejecting elections: for wheresoever there was a Non-covenanter chosen (of which number there were not above two or three) or any moderate Covenanter, not designed by them at Edinburgh, and chosen according to their secret instructions (with which the Reader shall afterward be made acquainted) them they either quite rejected, or suspended from voice, until some exceptions made against their election should be discussed; which they were sure should never be done: as shall now appear in these particulars. When the Commission from the Presbytery of Peebles was read, there was presently read a Protestation and Petition given in by a mean Minister of that Presbytery, not against the election itself (for there did not appear the least show of exception against it when the Act of the Presbytery was read) but against some violence pretended to be used by Our Lord Treasurer, who, being an inhabitant within the precincts of that Presbytery, was present at the election: The petition was conceived in very boisterous and uncivil terms: The Lord Treasurer answered all that was pretended so fully, that not any one in the Assembly seemed to be unsatisfied; there being not one election returned which was more punctually made, and that even according to their own public instructions: yet because the Commissioners elected, though Covenanters, were not the same who had been designed at Edinburgh, nor such as another Lord, dwelling in that Presbytery, who was a Lay-Elder and Covenanter, had a mind to, the approbation of that Commission, and admission of these Commissioners most shamefully was put off and respited, until that Petition and Protestation might be examined; and so it was continued from time to time, though it were often called upon: Our Commissioner told them, That sure there were none present, who did not admire at these proceedings; and that if the Petitioner failed in his probation (which afterward he did, and asked pardon for it) he deserved some exemplary punishment to be inflicted upon him, who had dared to traduce so great an Officer of State: In this particular it was too plain, that the poor Minister was only set on to present this Protestation for the reasons now declared. After this, there arose a very hot contestation, concerning the election of the Lay-Elder for the Presbytery of Brichen: The Earl of Montrose presented one Commission in which the Laird of Dunn was chosen Lay-Elder by the voice of one Minister, and a few Lay-Elders: There was another Commission presented by that Presbytery, in which was returned the Lord Carnaegie, lawfully chosen by the voices of all the rest of the Ministers and Lay-Elders; yet because the Earl of Montrose did oppose the election of the Lord Carnaegie, though his own brother in law, all the Covenanters in the Assembly sided with the Laird of Dunn, for whom the Earl of Montrose stood, both of them being rigid Covenanters, against the other Lord who was a Covenanter likewise, but a more moderate one. And indeed, it was a wonder to see how openly all rules of justice without any fear or shame, were laid aside in this particular; for though they did not approve the election of the Laird of Dunn, who wanted voices to his election, yet they would not admit of the other, whose election admitted not the least scruple. In the agitation of this business, there fell out a memorable passage, of which the Covenanters were very much ashamed, because it betrayed one of their secret instructions, & it was this: There was written upon the back of that Commission which was tendered by the Lord Montrose, a Declaration wherein the lawfulness of that Commission, and the unlawfulness of the other was offered to be cleared, in which, among other things, it was objected against the Lord Carnaegie his election that it was made contrary to the directions of the Tables at Edinburgh; which the Clerk perceiving, stopped, and would read no further. Our Commissioner hereupon required the Moderator to give him a copy or extract of that paper which was last read, and of the names of those who had subscribed to it, and that subscribed by the hand of the Clerk of the Assembly. The Moderator absolutely refused it: Our Commissioner told him, that he desired it to help him in Our service, that by it he might be the better informed how to proceed in his objecting against such Commissions as he meant to challenge: The Moderator again refused to do it, alleging, that the challenged Declaration was but accidentally written on the back of the Commission; Our Commissioner replied, That could not be written privately or accidentally, which was given in public to the Assembly, and that by a member of it, of so great place and quality, for a justification of his proceeding in that election; and withal protested, That though he were not Our Commissioner, but the meanest subject of the land, he could not in justice be denied the copy of any thing exhibited in a Court of justice. But all in vain: for after much cavilling by the Moderator and other covenanting Lords, Our Commissioner desiring the Moderator to put it to voices whether he could be denied a copy of it; even that was refused him likewise, they being afraid, that the Assembly would not deny so notorious an act of justice: upon which Our Commissioner (though mildly, yet with some expression of distaste) did thus deliver himself: Let God Almighty judge if this be a free Assembly, in which is denied to his Majesty's Commissioner that, which cannot be denied to the meanest of his subjects; and at last, he took instruments in the hands of Our Clerk of Register, that he was refused the copy of a Declarator given in to the Assembly, delivered into the Clerk's hands, and publicly read by him, in which, amongst other things, was contained, that the election of the Lord Carnaegie, Commissioner from Brichen, was invalid, as being contrary to the directions of the Tables of the Commissioners at Edinburgh; which occasioned the Moderator to say, That Our Commissioner needed no copy of it, he had so faithfully repeated all that was contained in it: Our Commissioner hereupon, since he could not obtain a copy of it, desired all present to be witnesses of what the Moderator had spoken, & that he had acknowledged his faithful repetition of that part of the Declarator whereof he was refused the copy; and thereupon again took instruments. In this business Sir Lewis Stuart, one of Our Assessors to Our Commissioner, spoke some few words; which when the Moderator was about to answer, the Lord of Montrose forbid him to answer one who had no place to speak there: Afterward there arose a great contestation between the Earl of Southesk, one of Our Assessors, and the Moderator, with so much heat on the Moderators side, and some Lords who sided with him, that Our Commissioner was put to moderate the Moderator, and quench the heat of the Assembly; for which many of them gave Our Commissioner thanks, and so all business was continued till Monday. On Monday, being the 5. day of their sitting, they went on in the rest of the controverted elections, refusing to hear the Lord Carnaegie his election discussed, but putting it off to a Committee: Master Andrew Logie Minister of Red, but a Non-covenanter, being returned a Commissioner from the Presbytery of Garrioche, was refused to be admitted, though they laid not the least exception against his election: their pretence was, There was a Petition presented against him to the Assembly, and no voice must be allowed him, until he had answered that: A very easy device for putting by any Commissioner whom they liked not, since it was no hard matter to find one to present a Petition against any man. Another Minister of the Channery of Rosse, and Archdeacon of Rosse, one Master William Mackeinzey, Commissioner from the Presbytery of the Channery, upon certain cavils both of his election and commission, which did bear, that he should continue there no longer than We or Our Commissioner should continue the Assembly, because the sole power of calling and dissolving of Assemblies did belong to Us, for the present was only suspended from his voice; the reason was plain, he was a Non-covenanter, and had openly averred in the Assembly, that at their election the Ministers of their Presbytery were threatened by those who brought Letters from the Tables, if they should return the election of any, but such as they, who brought the Letters, desired. Two elections were returned from the Presbytery of Aberdene, One of Covenanters, made by a few Ministers, but many Lay-Elders, at which neither the Moderator nor the Clerk of the Presbytery were present; Another of Non-covenanters, which election was made only by Ministers, and at which the Moderator and Clerk were both present; yet that other election, at the return whereof there wanted the Clerk's hand, (without which no Presbyterial Act can be taken for a Record) was allowed, and the other rejected, upon the bare relation of one of the Covenanting Ministers who was returned wrongfully, and the attestation of the other whom the Moderator openly in the Assembly called up and desired to testify whether the relation of his fellow was true: an excellent way of proof against a public Record, to take the testimony of one who was as wrongfully returned as the Relator. The University of Aberdene sent none of their Professors to the Assembly, not daring to trust themselves upon the way, having been so much threatened with the loss of their lives for writing against the Covenant: Only they sent one of their number, no Divine, but a Professor of Humanity, to excuse their absence; his Commission being read, gave him only power to be there, and did constitute him their Agent in any thing which should concern their University; requiring him to continue there, and from time to time to give them advertisement of all that passed. The Moderator did justly affirm, That that was no Commission, the party having no power by it to give any voice in the Assembly, and so there was no more to be said to it: but immediately something being transmitted by whispering from ear to ear, until it came to the Moderatours' ear, the Moderator begun presently to recant, and perusing his letter of credence, said, he perceived that there was only want of formality in the draught, which they might easily pass over; and so they allowed that for a Commission which was none, and admitted him to have a voice in the Assembly, though the University gave him no such power, nor would they have sent any Commissioner but a Divine. At this sudden change of the Moderator, made in him by a whisper, many begun to smile, and to lay wagers that the party admitted was a Covenanter, which the Moderator did not expect from that University, and that this secretly-conveyed intelligence of it had changed him; and indeed afterward it proved to be so. And thus the members of their Assembly were constituted, just as they had designed them; at which they were mightily overjoyed, being now assured, that they might conclude what they pleased: And although it might in common reputation have better suited with the principles of wisdom, not to have taken exceptions against these few elections, which were made contrary to their directions (for thereby they had gained the opinion of impartiality▪ and had lost nothing of their power, those few voices not being able to carry any thing against their great number) yet such was their blind obstinacy, that they scorned that any one should sit there who run not their rebellious courses, as holding it a dis-reputation to them if they should be thought to have abated any thing, not only of their power but even of their will. Besides, not only their peevishness, but even their pride appeared notably in one particular: We, in Our Letters to the Assembly, had nominated for Assessors to Our Commissioner these six: The Earl of Traquair Lord Treasurer, the Earl of Roxburgh Lord Privie-Seale, the Earl of Argyle, the Earl of Lauderdaile, the Earl of Southesk, Lords of Our Privy Council, and Sir Lewis Stuart an Advocate, a far fewer number than ever Our royal Father called to assist any of his Commissioners; all which ever constantly had voices in the Assembly; But here, though these six suffrages were able to do nothing against their minds; yet because they would be sure to clip the wings of Authority, they absolutely refused to let them have any voice at all, telling Our Commissioner, That he might consult with these Assessors if he pleased, but that they were to have no voice in the Assembly: affirming, with incredible impudence, That if We Ourself were there, We should have but one voice, and that not negative neither, nor more affirmative than any one member of the Assembly had: by which means they have published to the World this sweet and wholesome doctrine, That their King in their Ecclesiastical Assembly hath no more power than any Town-clerk, Tailor, or Saddler who shall sit as a Lay-Elder there: which desperate opinion of theirs, doth plainly show the reason why in their last public instructions preceding the Assembly, they ordered, That every Lay-Elder from Presbyteries should come attended with three or four, and every Commissioner from Burrowes with five or six of their own rank and quality, who should continue with them all the time of the Assembly, without whose advice they should not give voice to any thing; a thing never heard of at any general Assembly before. Sure they had heard and knew the number & names of the Assessors, whom We had appointed to assist Our Commissioner; and therefore they would have every mechanical Artisan, chosen a Lay-Elder for the Assembly, (whom they held to have equal power with Us in it) to carry the same badge of power and state with Us, and to have their Assessors as well as We, and those equal in number to Ours, and the same power with Ours, of consulting, though not concluding: All which, whether royal Majesty and supreme Sovereignty can or aught to digest, any reasonable man may judge. The Assembly being just now the same thing which the Tables were at Edinburgh in substance, but in condition far worse (for here were none now but the most obstinate Covenanters, whom the several Tables had picked out of all the pack) and they meeting at the Town-house of Glasgow always before they met at the Church (the place of the Assembly) the Moderator being the same materially who governed them at Edinburgh, though not so formally chosen as now; the Clerk of the Assembly being the same, who was Clerk to their Covenant and to their Tables at Edinburgh; the members of the Assembly being the same who sat at their Tables there, and those the most corrupted and distempered of them all: who could now expect less insolent conclusions from this Assembly, than they had found from their Tables? And indeed the very same were found: For immediately they bragged that now they were a constituted Assembly, and resolved to laugh at any who should quarrel with the elections which they had approved; and especially at the Bishops Declinator, if it should contain any arguments to that purpose. The first Cock who begun to crow upon this dunghill, though it were within night, no ordinary time of crowing, was Master Andrew Ramsey a Minister of Edinburgh, who, getting up upon a stool or form, made a very great brag, offering by dispute to prove against any man the lawfulness of lay Elders, by Scripture, Antiquity, Fathers, Counsels, the judgement of all the Reformed Churches, even of the Church of England, who admitted them into the High Commission. Our Commissioner seeing him crowd so much in a very little room, told him that he run no great hazard or danger in his challenge; for he was sure the Judges would be his seconds: yet if it pleased him, he would find one should enter into the Lists with him, either publicly or privately, upon that quarrel; but many of his brethren were not very well pleased with his glorious challenge, as making account that he would never be able to make good the greatest part of it: And with this brag the Assembly dissolved for that night. The next day, being the 27. of November, after the Assembly was met, Our Commissioner urged once again that the Bishops Declinator might be read; which was accordingly done by the Clerk of the Assembly. It was entertained with much jeering and laughter, and by transmission of a whisper from one ear to another, they resolved when it was read out to have received it with a general hissing; but yet by another general whisper, transmitted as the former, that course was stopped. After it was ended, Our Commissioner spoke home to them, for the necessity of that Declinator, and the unavoidable strength of the reasons contained in the same, and in depressing, by way of parallel, their Libel against the Bishops: which he spared not to call infamous and scurrilous, both in the matter of it, and the manner of promulging it; and hereupon took instruments in Our Clerk of Registers hands, both for the production and reading of the Declinator. Some of the Lords of the Assembly offered to do the like in the Clerk of the Assemblies hands, but Our Commissioner told him it was needless, since it was not tendered to the Assembly but to himself: First, the Moderator in a short speech deplored the obstinacy of the Bishop's hearts, who in all that Declinator had bewrayed no sign of remorse and sorrow for their wicked courses▪ and then the Lords of the Assembly perceiving their error, that they who found themselves to be Judges, had offered to take instruments in the Clerk's hands of the production of any exhibits (which was never heard to be done by the Judge, but only by the actor or plaintiff) prompted some young Noblemen, and Gentlemen Covenanters (but not members of the Assembly) then present, to demand instruments of the production of the Bishops Declinator; in whose name one Gibson, one of the Clerks of Our Session (and so acquainted with Law terms) both demanded instruments, and thundered out a verbal Protestation, in such Law terms as was not easy to be understood by most of the auditors: The sum of what was understood, was this, That they would pursue their Libel against the Bishops so long as they had lives and fortunes, etiam in foro contentiosissimo, and required Doctor Hamilton their Proctor then present, to take notice that they cited him to compeer die in diem till sentence were given. Our Commissioner first protested against that Protestation, and then discharged the Bishop's Proctor from appearance before the Assembly, to which he had presented no Declinator; but required him to appear before himself, to whom it was presented, when he should require him: The Declinator of the Bishops here ensueth. 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 holden at Glasgow, Novemb. 21. 1638. 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 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 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 Parliament 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 a 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 Dioceses or Province, within which they dwell, as the Act bears. All of the Clergy convened to this Assembly 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, & 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 Jacob. 6. Parl. 18. Cap. 1. Car. Parl. Cap. 1: do proport. And moreover, being obliged at their admission to give their oath for performance of this duty of their allegiance, 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 defend 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 Holy-rood-house Septem. 24. 1638. and proclamations following thereupon, that all his Majesty's lieges 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 lieges to subscribe the same, and publicly protested against the subscription thereof: and thereupon cannot conveen nor concur lawfully to the making up of the body of an Assembly of the Kirk, as being deprived and denuded of all place and function in the same. A general Assembly was condescended to, 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 lieges 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. James 6. Parl. 15. cap. 31. Prelacies being declared to be one of the three Estates of this Kingdom, and by the Act of Parl. James 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, Septemb. 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 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 Moderatours, 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 Moderatours 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 Moderatours, 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, flowing from such meetings, further appear in this, that they have associate to themselves a laic ruling Elder (as they call him) out of every Session and Parish, who, being ordinarily the Lord of the Parish, or a 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 Andrews, 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 way 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 those chosen by them to this Assembly have no lawful power nor authority. 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 free 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 communicate 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 practice, 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 diverse 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, Maii 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. Fifthly, for keeping conventions not allowed by his Majesty, without his knowledge and consent; contrary to another Act of the same Assembly. Sixthly, 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. Eighthly, for usurping the authority to convent 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 Council: 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 practice 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 superfluos. 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 Ecclesiasticus immisceri tractatibus— And Pulcheria the Empress commanded Strategus, Ut Clerici, Monachi, & Laici virepellerentur, 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. 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 probabilities, 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. Junii 1520. renewed by Paul 3. dated in Aug. 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 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 accessory 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, and 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 declinatorie 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 and scurrile Libel, full of impudent lies and malicious calumnies against the Archbishops 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. VII. 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 Beadle, to the Bishop of the Diocese, 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 the 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 city 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 cytation 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 city 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 city 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 Provost and Bailies to the contrary, except in Holy-rood-house, 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 Parliament, 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, especially that prescribed by the Act of general Assembly at Perth, Martii 1. 1596. whereby it is ordained, that all summons contain the special cause and crime, which the said Libel doth not; naming 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 Kirke 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 cytation 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 city 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 Assemble 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 thereof to be no less injurious to our place and authority, than they are overweening of their own. For it is against reason and practice 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 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 Parliament 1592. is restored by the Act of Parliament 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 Parliament in Ecclesiastical causes, imply and infer the abrogation of that authority which they received not from the Parliament 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 hoc 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 Parliament 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 then that at Glasgow, 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 Mont rose, 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 Evangelii 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 dissimulavi semper & pertuli; sed dissimulandi nunc locus non est, quando decipiatur fraternitas nostra à quibusdam vestrûm, qui dùm sine ratione restituendae salutis plausibiles esse cupiunt, magis lapsis obsunt. Lastly, it is most manifest by the premises, 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 Council 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 Churches 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 Assembly 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 practice 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 bypast, 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 bypast 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 aside 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 innocence 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 undergo 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 intercede 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 Dr. Robert Hamiltoun 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 Holy-rood-house, Newcastle, and Glasgow, the 16.17. and 20. days of Novemb. 1638. & sic subscribitur. Jo. Sti Andreae Arch. Pa. Glasgow. Da. Edinburgen. Tho. Gallovidien. Jo. Rossen. Walterus Brechinen. AFter these passages, there were read diverse Protestations at Our Commissioners instance, from several places against the lawfulness of this Assembly, both in regard of the Lay-Elders present in it, and the Ministers Commissioners in it chosen by Lay-Elders: One sent from many Ministers, and read publicly, doth here follow. The Supplication and humble Remonstrance of the Ministers of the Church of Scotland, presented to his Majesty's High Commissioner and general Assembly held at Glasgow in November, 1638. May it please your Grace, ANd you right Noble, Right Worshipful, and you most Reverend brethren, convened by his Majesty's Proclamation in this venerable national Assembly, to consult upon the most convenient ways, and to enact such Ecclesiastical Laws, as to your wisdoms seems most expedient, for preserving of peace and truth in this Church, for which ends we from the bottom of our hearts (as feeling members of the same) earnestly entreat him, who hath promised to be with his own to the end of the world, by his spirit and grace, so to direct and assist your wisdoms, that by this long expected meeting, glory may redound to his ever glorious Name, and peace to this rend Church, which all the members thereof, with most earnest wishes, expect at your hands. For the present, we thought it our duty, as those whom it doth most clearly concern (our great Shepherd having committed to our charge a part of that Flock which he hath redeemed with his precious blood) to present unto you our just fears which arise from the sudden encroaching of the Laic (now called Ruling) Elders, in diverse Presbyteries of this Kingdom, having chief hand in choosing of Commissioners there, lest they, with Commissioners thus elected, may bring upon the neck of the Ministry and Church here, the heavy yoke of overruling Elders in all times coming, to the no small hurt of us and our successors in the Gospel, except timely remedy be provided. Our humble supplication therefore to your Grace, and Members of this present Assembly, is, that all these Commissioners thus chosen by the voice of Laic Elders, and in whose Commissions they have had hand, may be removed, as men to whose voices and judgements we cannot submit ourselves in matter of Church government, for the just fears above expressed, they being justly suspect Judges not to be admitted, and their elections and Commissions void for reasons following: First, there is no Law in this Kingdom whereby Laic Elders have any voice in choosing Commissioners to General Assemblies; the choosers therefore having no legal power to elect, those that are chosen by such, can have no place nor voice in this Assembly. Secondly, albeit there have been heretofore, and before Churches were fully planted, a custom that Laick-Elders did sit in Presbyteries, yet that custom hath been these 35. years bypast, universally (and above forty years in most Presbyteries) interrupted; which prescription is sufficient to make void any such custom: so that it can be no sufficient warrant for them to sit and voice in Presbyteries now, much less to intrude themselves (as they have done in many Presbyteries) contrary to the minds and public protestation of the Ministry. Thirdly, when Laick-Elders had place in Presbyteries, yet it was ordained that the voices should not be equal in number, with the voices of the Ministry, as is to be seen in the book of discipline Chapter. But in this election, their number were not only equal, but in most parts more, because out of every Parish there was a Laick-Elder, and so at least equal in number; and in election of these Commissioners, against whose election we except, there was put upon the list six in some places, and in others four of the Ministers, who being removed, in their absence the choice was made when the Laick-Elders by six or four at the least exceeded the Ministers in number of voices, yea in some Presbyteries the Laick-Elders were twice so many in number; so that these Commissioners are mainly chosen by the laity, and not by the Ministers, neither can we acknowledge them for ours. Fourthly, these Laicke-Elders did of old only assist in Discipline, not meddling with points of Doctrine (suffering the spirit of the Prophets to be subject to the Prophets, according to the Apostolical rule;) but now they intrude themselves to sit and voice in the Presbyteries in matters of Doctrine, and have given Commission to those whom we except against, to voice in this venerable Assembly, in Doctrine aswell as in matters of Discipline; which Commissions are null, as proceeding à non habente potestatem. For these and other most weighty causes, the election of such Commissioners, and their place in this Assembly being so dangerous to the Church, threaten the same with the most intolerable yoke of bondage to be laid upon the neck of the Presbyteries by Laic over-ruling-Elders, to the prejudice of the liberties of the said Presbyteries, and whole Discipline of this Church. We could not, out of conscience to God, our callings, and flocks, but make humble remonstrance of the same to your Grace and members of this grave Assembly: withal protesting, both in our own names, and in name of all the Ministry and body of this Church that will adhere to this present supplication, that all sentences, conclusions, Canons, Statutes, and Ordinances, which shall be made in that Assembly wherein the foresaid Commissioners shall have determinative voices, to be void, null, and of no effect to oblige us or any of us to the obedience of the same: But if this our just supplication be not admitted (which we hope and earnestly pray may be graciously accepted) then this our protestation may be of force against such Laws and proceedings that may follow thereupon. Thus hoping for your charitable construction of this our necessary duty in so eminent a danger of the Church, and humbly entreating these presents may be put upon Record, We rest. ANd when the Protestation of the Presbytery of Glasgow (which was a very strong one) begun to be read, the Principal of the College there desired the forbearance of it for a time; to which the Moderator gladly yielded: but Our Commissioner, who had delivered it in with his own hands, pressed the reading of it out; which the Moderator refused, alleging that any man might withdraw his own Protestation, much more desire the forbearance of reading of it: to which Our Commissioner replied, That the Protestation was subscribed not only by the hand of the Principal, but the major part of the Ministers of that Presbytery, of whom many were Covenanters; that in all their names it was presented unto him, and therefore could not be re-called by any one of them, without the consent of the rest, praying him that it might be read out to the end: but all in vain; for no justice could be had from them, especially in a point which so much concerned their reputation: for they conceived it would be a great blur to their business, if a Protestation (made by that Presbytery, in which was the seat of the Assembly) should be known: and therefore they would neither read it, nor did they deliver it back again, against all rules both of justice and equity: After this contest the Assembly for that night was dismissed. Our Commissioner wondering that the Principal of the College should in public desire the forbearance of publishing the Protestation of the Presbytery of Glasgow in the Assembly, used means to know the reason of it, and found by the averment of persons of good credit upon their own knowledge, that the night before late at ten of the clock, the Lord Lowdan and the Moderator, with diverse others Covenanting-Ministers, had been with the Principal, and told him, that the Presbyterial Protestation would make a great division amongst them; that unless he did withdraw it, he must never look to live quietly in Glasgow, nor any where in Scotland; that the Principal told them, it was presented to Our Commissioner, from whom it was not possible to recover it; that then by the same threatenings they adjured him to desire the forbearance of reading of it, if it should be tendered to the Assembly; that after they were parted from him, his wife all in tears begged the like of him, affirming, that the Lord Lindsey had been with her, and sworn to her, that both he and his must be utterly ruined, if she could not prevail with him for recalling that Protestation. This and many other passages heretofore mentioned, banishing quite out of Our Commissioners mind, and the minds of all Our well affected Counsellors there present, all hopes, not only of just and fair, but even of formal proceedings in that Assembly, where not so much as the show and countenance of justice was to be discerned, nor any thing but the power and obstinate wilfulness of the Covenanters, and the unanswerable nullities of this Assembly, in regard both of the members elected, and the manner of their election, being throughly considered, and the reasons of the Bishops Declinator presented to Our Commissioner being seriously weighed, by which they did not decline the judgement of a general Assembly lawfully constituted, but only of this Assembly, which was to be accounted far rather a Laical convention, then Ecclesiastical, all the members whereof had barred themselves from being Judges by their solemn oath of combination for the rooting out of that Kingdom both the Bishop's persons and callings; to whose sentence We or Our Commissioner could not deliver them over without betraying all courses of justice, and denying to Our Bishops that protection which cannot be denied by Us to any of Our subjects, viz. the benefit of the Laws of that Our Church and Kingdom: And beside, Our Commissioner having certain and unquestionable intelligence of the Covenanters unmoveable resolution, that although the Assembly should be continued, and all things which they desired (even to their own wishes) should be granted and effected, yet that the quietness and peace of that Kingdom should be never a whit the more settled or established, but that they were determined to choose at this assembly certain Committees, who, under the name of Commissioners from the general Assembly, should keep up their Tables, and be chosen and continued from one Assembly to another, and so hold on the same rebellious courses which they have held ever since the first erection of their Tables, to the utter overthrow of Our royal Authority, and the authority of the Lords of Our Council, and Lords of Our Session under Us: and Our Commissioner well weighing Our instructions, according to which he was to carry himself in this Assembly, if he should find that these mischiefs and courses of injustice could not be stopped, resolved the next day (according to Our special commandment) in Our name, and by Our authority to dissolve that Assembly, whose aim was only to rob Us of Our Sovereign power, and to put it in the hands of their Commissioners. According to which resolution Our Commissioner the next day, being Wednesday the 28. of November, went betimes in the morning to the Church, and Our Council (having warning over night) met him in the Chapterhouse, where they sat in consultation before they went to the Assembly: He did then impart to them the resolution he had to dissolve the Assembly, and did ask their advice for the manner of doing it: after hearing each of their advice severally, he was confirmed in his resolution. The reason why Our Commissioner held the Council in that place, was, because some of Our Council, who were present, should have no time to communicate his resolution to the Covenanters, nor to consult with them about the hindering it; the Assembly being fully set before the Council came out, so that what had passed there, could not be communicated to them. The first thing propounded there by the Moderator that day, was this: A day or two before, there were brought into the Assembly three or four great volumes by their new Clerk, which he alleged were the Acts of the general Assembly from the very first reformation of that Church, which, by the special providence of God, and his own careful industry, had been recovered, else they had been lost for ever, to the invaluable loss of the purity of the Religion and Discipline established amongst them; for they had been thrown by for many years, until he by some strange accident had light upon them: after which speech of the Clerk, the Moderator had desired them to choose a Committee to peruse these Books, and to report to the Assembly whether they conceived them to be the true and authentical Acts of the general Assemblies of the Church of Scotland: The day before this, these Committees had made their report that they had perused them, and had found them to be true and authentical Records, and delivered in writing some reasons of this their opinion; which made the impartial auditors wonder how in two day's men could peruse, and make a judgement of such volumes, which other men (who took themselves to be no fools) thought could hardly be done in one year: but that was all one, the Moderator this day put it to the question and voices, Whether they would allow the copies of those Books of Assembly (which the Committees the day before had reported to be good and faithful copies) to be reputed ever hereafter for the authentical Records and Registers of the Church of Scotland: Our Commissioner prayed them to forbear doing any thing suddenly in a business of so great importance, that nothing, especially if it were doubtful, could be made a public Record of any judicatory which was to oblige Our subjects, unless We first by Our Advocate and learned Council were satisfied of the authentical authority of that Record; and therefore wished them to stay until that course might be taken, and before that time not to put it to voices: But all in vain, for presently they of the Assembly (without one contrary voice) concluded these Books to be authentical Registers, and so to be held and reputed for ever, without knowing what was in them: They were four Books, and very large, and confessed not to be the Originals, but copies. Our Commissioner then remembering that at Our Palace at Holy-rood-house he was denied the sight of the Books of the Assembly (the Covenanters having threatened the former Clerk of the Assembly, if he should let Our Commissioner have the perusal of them) begun now to think, that there might be stuff enough in them against Our Regal authority, and perhaps a great deal of it of their own devising; which caused Our Commissioner to enter into Our Clerk of Registers hands a solemn Protestation against the validity of these Records, and against any of Our subjects being obliged by them, until such time as they should be perused and allowed by such as We should authorise by Commission for that purpose. Next, the Moderator desired the Clerk to read certain answers, which upon the sudden had been drawn up (as he said) by certain Brethren to the reasons contained in the Bishops Declinator which had been read the day before: And indeed, so soon as they were heard, it was easily believed that they were drawn up upon a sudden, without either fear or wit, being very poor and silly, stuffed full of cytations out of their own books of Discipline, which did allow lay-Elders; and by these testimonies concluded the exception of the Bishops against Lay-Elders, & Ministers, Commissioners chosen by them for having voice in the Assembly, to be invalid; which made some admire by what consequence it could be inferred, that because there had been Lay-Elders in particular Church-Sessions, nay and perhaps in Presbyteries, that therefore these Lay-Elders either had, or must now have voices in the general Assembly, or in choosing the Ministers Commissioners to it: Yet the Moderator caused another paper to be read in defence of Lay-Elders, of the very same tedious stuff with the former: And, to magnify those Books of Discipline, so often cited in both these papers, the Moderator desired the whole Assembly to hear himself read a long Latin testimony, given in the Syntagma of the confessions of the Reformed Churches, to the purity of the discipline of the Church of Scotland. Our Commissioner called for the Book, & desired to see what he had read, and found it to be a private testimony of one unknown, inserted by the Printer or setter out of that Syntagma, to make it sell the better, because it had some new thing in it; which made a good many laugh at that so much magnified testimony. Then the Moderator, to take away that exception in the Bishops Declinator, that the Assembly was a declared party (and therefore could not be their Judge) alleged, that the Remonstrants had made the same objection against the Synod of Dort, but that it was repelled by all the Divines there present, and the invalidity of that exception declared by none better than by the Divines of great Britain, whose judgement against that exception he then out of the public Acts of that Synod did read: Our Commissioner told the Moderator, that he should have done well to have translated into Scottish that passage which he last read, and the former out of the Syntagma, that so many of the Lay-Elders, who were to judge of the fitness of these cytations, might understand him and them; which the Moderator passed over with a smile. ONE who stood by Our Commissioner, and had been present at the Synod of Dort, asked leave first of Our Commissioner, and then of the Moderator to speak, which being granted him by both, he answered the Moderatours answer to the Bishop's objection, thus: That the Bishop's exception against them of the Assembly, as pars adversa, differed from that of the Remonstrants against the Synod of Dort two ways: First, in regard of the matter of it: For the Synod consisting of Divines, & the matters controverted being points of Divinity (and by some men thought to be fundamental points of faith, though they were not so) in which Scholars use not to be neutral, it was impossible for the Remonstrants to find Divines to be their Judges, if they would except against such Divines as had declared themselves to be of the one opinion or the other: But it was not so with Episcopacy in the judgement of the members of this Assembly; for they could not hold the allowing or rejecting of Episcopacy to be a point of doctrine, because points of doctrine are not alterable; but the Church of Scotland in her positive confession, Article 21. did hold Church policy or government alterable at the will of the Church; which opinion, whether he did allow or not, he was not then and there to declare: but sure in such points, which they themselves held alterable and indifferent at the will of the Church, being no points of doctrine, there was no necessity of pre-declaring their judgement, especially after they meant to be Judges: Nay, there was a necessity of not pre-declaring their judgement against Episcopal government, considering it stood now in force by Acts both of Church and Parliament; and therefore that the declaration of their judgement against it, (even since they intended to be Judges of it, but before they were actually so) did bar them from being Judges of it at all. But secondly, and that upon which he principally insisted, was this: That the Bishop's case in their exception against this Assembly, differed from that of the Remonstrants against the other Synod, in the manner of the members of that Synods pre-declaration, and of the members of this Assemblies pre-declaration. Many of the members of that Synod had pre-declared themselves by discoursing, writing, preaching, etc. but not by any judicial Act, nor by any Act equivalent to a judicial Act, such as swearing against the other tenet, binding themselves by Oaths, Covenants, Combinations, Confederacies, Associations against the abetters of it; all which being Acts analogical to judicial Acts, and being done by the members of this Assembly against the Bishops, absolutely barred them from being Judges in the question of these Bishop's persons or calling. Some answer was made to this by the Moderator and others, which required no reply; and therefore received none, that which was answered being no way against that which had been delivered: For the Moderator conceiving that he who spoke had affirmed that the five Articles treated of at the Synod of Dort, had been fundamental points of faith (of which opinion the speaker never was, nor is) fell upon a discourse of fundamental and not fundamental points of faith; affirming that the Synod of Dort had never determined the five Articles to be fundamental points of faith, which the former speaker knew very well to be true: And it made many auditors think, that the Moderator did deliver this only because he would have something to say; for they did conceive that he had been a man so rigid in these tenets, that he had held them to be fundamental points of faith: But whether he did or not, there were many Ministers members of the Assembly, who did hold them to be fundamental points, & most unchristianly and uncharitably had preached, that the Remonstrants' tenets did destroy the very foundation of faith; and whosoever sided with them in the five Articles, could not possibly be saved. But now the other exception laid by him that spoke, and in which he conceived the strength of his speech principally to lie, viz. That by their swearing, and combining by a Covenant against the Bishops (which was a plain pre-judging of them) they had barred themselves from being their Judges; the Moderator was pleased to make no answer at all, though of all that was spoken it most principally required one. Another Minister, one of the gravest and learnedest in the Assembly, did conceive that he which spoke had affirmed, that Counsels and Synods were only Judges of points of faith and doctrine, but not of government or other matters; and instanced in Novatus and Donatus, who by Counsels and Synods had been censured in points of schism; which no man ever denied, nor ever came within the compass of the thoughts or words of him that spoke. Here a Lay-Elder, who was a Lord, conceived that he who spoke had said something insinuating that Lay-Elders had given voices in some Counsels; Thereupon the person that spoke, unwilling to let that pass, asked leave to tell his Lordship that he was mistaken, & that if Our Commissioner and the Assembly would give him leave, he would maintain it against any man in the Assembly, that neither the name nor thing of a Lay-Elder, was ever known to any general or Provincial Council; nay, not to any particular Church in the whole Christian world, before Calvin's days. To this no reply was made, save only by the Moderator, who first said that it would be thought a strange thing in England, if any of this Assembly should stand up in the Convocation house, and speak against their Church government: to which was answered by him that spoke, That he neither did speak, nor would have spoken there, without leave asked and obtained; nor would he have asked leave if it had not been to have cleared a passage of the Synod of Dort urged by the Moderator, and in which he himself was interessed. And it seems here the Moderator was brought very low, by telling the party that his father while he lived was of another opinion: to which the other answered, That that was a weak reason; for there were some members of the Assembly then sitting, whose Fathers had been Papists: And he who spoke did very much wonder that the Moderator should think it strange for him to differ from his Father in his judgement of these points of Ecclesiastical government; for he did not apprehend it so great a matter for any man to differ from his Father in judgement, as to differ from himself: and he was sure that the Moderator knew well enough that many members of the Assembly, who were now fiercest against Episcopal government, within these few years had been as earnest maintainers of it as any, & more ambitious and earnest suitors for Bishoprics then any other. The Moderator at last cut off all further contestation about these Lay-Elders, by affirming that the state of the question as it stood before them, was not whether Lay-Elders had ever been received in other Churches, but whether their office and place in the Assembly was agreeable with the constitutions of the Church of Scotland; and so no more was spoke of it. The Moderator from that speech which was made for justifying the Bishop's exception against the competency of their Judges, viz. the Assembly, because the members of it had declared themselves parties, took occasion to speak thus to the Assembly: Since we see both the competency and constitution of this judicatory and Assembly is thus openly impugned, it is high time to clear this point, of which none can be Judge but the Assembly itself, and therefore I will presently put it to voices, Whether this Assembly be the lawful and competent Judge of the Libel against the Bishops, notwithstanding the reasons contained in their Declinator. This gave our Commissioner the occasion (which he neglected not) to do and declare that which by Our special commandment he had resolved on; for he presently made a speech of a competent length, the sum whereof was this: I should perhaps have continued a little longer with you, if you had not fall'n upon a point which doth enforce my deserting you: You are now about to settle the lawfulness of this judicatory, and the competency of it against the Bishops, whom you have cited hither; neither of which I can allow, if I shall discharge either my duty towards God, or loyalty towards my gracious and just Master. This is a day to me both of gladness and sadness; Gladness in that I have both seen this Assembly meet, which his Majesty's subjects have been made believe was never intented by Him, and in that I shall now in his Majesty's name make good unto you all his most gracious offers in his last Royal Proclamation, which likewise his Majesty's subjects were made believe would never be performed by Him: Of Sadness, in that you who have called so much for a free General Assembly, having one most free, in his Majesty's intentions, granted you, have so handled and marred the Master, that there is not the least shadow of freedom to be discerned in this your meeting: for the former, which is the discharge and performance of your Sovereign's gracious promises, let this paper, which I deliver to the Clerk to be read, witness it to you all, which I am sure you cannot choose but receive with all thankfulness and dutiful acknowledgement of his Majesty's piety, goodness, and clemency, unless all Religion and goodness be quite banished out of this Land: Here the Clerk publicly read the paper, which followeth. 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 Popery and 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 or either of them: And annuleth and rescindeth all Acts of Council, Proclamations, and all other Acts and Deeds whatsoever, that have been made and published for establishing them, or either of them; And declareth 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 his subjects, established the high Commission, that thereby justice might be ministered, 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 intentions therein to be mistaken, hath been pleased to discharge, like as by these presents 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 Perthes Assembly hath bred distraction in the Church and State, hath been graciously pleased to take the same to his Royal consideration, and for the quiet and peace of this Country, hath not only dispensed with the practice of the said Articles, but also discharged all and whomsoever persons from urging the practice thereof, upon either Laicke 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 to the contrary. And his Majesty is further contented, that the Assembly take the same so far into 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 administered different from that which is conceived 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, then that which is set down in the Act of Parliament. And that it may appear how careful his Majesty is, that no corruption or innovation shall creep into this Church, neither yet any scandal, vice, or fault of any person whatsoever (censurable or punishable by the Assembly) go unpunished, his Majesty is content to declare by Me, and assure all his good people, that general Assemblies shall be kept so oft as the affairs of this Church shall require. And that none of Our good subjects may have cause of grievances against the proceedings of the Prelates, 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 Our dear Father in anno 1580. and now likewise requireth all those of this present Assembly to subscribe the same. And it is his Majesty's will, that this be inserted and registered 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 resolution to maintain and defend the same, and his subjects in the profession thereof. Subscribitur HAMILTOUN. AFter the reading whereof, Our Commissioner went on, and added: I have, you see, subscribed that paper with mine own hand, and to make his Majesty's Religion, Grace, Goodness, and the Zeal which he hath to settle the peace of this Church and Kingdom known to all succeeding generations, I do require that it be entered into your ordinary Books of Assembly; but with this provision, That this my assent to the Act of registering this his Majesty's Declaration, shall be no approbation of the lawfulness of this Assembly, or of any other Act made, or to be made in it; but that all Protestations, made or to be made against this Assembly in all other acts and proceedings thereof, shall stand in full force and effect: And of the delivery of this paper, containing his Majesty's gracious offers, into the hands of the Clerk of the Assembly, and of my requiring it to be registered in the Books of the same, as also of my Protestation against the lawfulness of this Assembly in all other Acts, I take public instruments in the hands of the Clerk of Our Sovereign Lord his Register, and require him to make an act thereof. Which being done, the Moderator in a short speech acknowledged Our special goodness in granting the particulars contained in the paper, promising it should be registered in the books of assembly, and desired to go on with the business of the assembly. But Our Commissioner told them, he must go on with them no more; for now the sad part was behind, viz. That since they had brought Lay-Elders to give voices in this assembly, a thing not practised before, or at least dis-used so long, that no man present had seen it; the Ministers sitting here as Commissioners were chosen by Lay-Elders, a thing never heard of before in this Church, all the persons having voices here, were before the elections designed by the Tables at Edinburgh, all others by their express directions barred, these few Commissioners sent hither, but not chosen according to their designation, were by their cavils, made for that purpose, set aside, and not admitted to have voices, the Bishops cited hither were to be judged by the very same persons who had pre-judged and condemned them at their Tables; he attested heaven and earth, whether this could be imagined to be any way a free Assembly, and therefore called God to witness, that they themselves were the cause, and the only cause why this Assembly could not have that happy issue which We heartily wished, and why the Bishops could receive no censure from them, in regard of these their sinister proceedings: for how could any man expect justice from them, who had denied it to Us, in refusing voices to Our Commissioners assessors, which was never denied to Our Royal Father, when he called far more assessors than We did now? Much more to this purpose was delivered by Our Commissioner; upon all which he commanded and required them not to proceed any further in this Assembly, and declared that whatsoever they should say or do hereafter in it, he in Our name protested against it, and that it should never oblige any of Our subjects, nor be reputed for an Act of general Assembly. The Moderator with a speech well penned, which he had in readiness whensoever the Assembly should be dissolved, seemed much to deplore Our Commissioners resolution for breaking up the Assembly; he attributed very much to Our power in Ecclesiastical causes and assemblies, said many things of Our power, quite contrary to much which they have since printed in their seditious Pamphlets and Protestations, and much more than was liked and approved by many of his fellow-Covenanters: towards the end of his speech he affirmed, That We were Universal Bishop over all Our Kingdoms, etc. which made Our Commissioner use means to have the copy of his speech, but it could not be obtained while it was fresh in the auditor's memories: Many days after Our Commissioner was gone from Glasgow, a copy of it was sent him, but all that which concerned Our Ecclesiastical power, especially of Our being Universal Bishop in Our Kingdoms, was quite left out; by which it was plain, that (as it was before conjectured) he had displeased many of the Assembly, by giving more Ecclesiastical power to Us in that speech, than they intended We should ever have. The conclusion of his speech was, That as Our Commissioner had served his Master carefully and faithfully, in preserving his Privileges and Prerogatives, so they must needs likewise be faithful and careful in preserving the Privileges and Prerogatives of the kingdom of the Son of God, which was his Church; That they should much grieve for his absence, whose presence had been so acceptable and comfortable to them, and who had carried himself among them with so much wisdom and moderation; that they should have a great miss of him, with many more words, tending to the very high commendation of Our Commissioner. After the Moderator, diverse of the Lords spoke much, to vindicate the Covenanters from their prelimitations and sinister dealings in their elections: But Our Commissioner presently choked their confidence, with the production of two papers, which they little supposed he had ever seen: They contained their secret instructions, with which the whole Tables were not acquainted, for they must then of necessity some way or other have come to the knowledge of all the covenanters, very many of whom by these secret orders were barred from being chosen commissioners to the assembly, as well as the Non-covenanters; and therefore they fearing to lose or displease such a considerable number of their own party, did by these private advertisements (contrived only by the chief Rulers of the Table, but never presented to the Tables themselves) take order that none who could fall within the suspicion of moderation, should be chosen commissioner for the assembly. The one of these papers was directed to one Lay Elder of every Presbytery, some special confident of theirs, containing these nine Articles ensuing. BEcause all projects and purposes will fail, if they be not pursued with constant diligence to the end, the Devil sleeps not, and we hear our adversaries are busy, and our misery will be unexpressible great, and we * We desire the Reader to observe, that they were afraid of being overthrown in a free general Assembly, and therefore they took a course by these private instructions to prevent all freedom in the Assembly, and to make sure that none should be chosen a member of it, but such of whom they were sure. ludibrious if they shall prevail over us in a free general Assembly, for which we have been pleading so long; it were meet that so far as may be a new warning should be given, to stir up the best affected. 2 That every Nobleman be diligent with the Barons and Ministers nearest unto them, and that he write unto his best acquaintance, who are far off. 3 That some one Minister and Gentleman in every Presbytery meet oft together, to resolve upon the particular Commissioners to be chosen, and use all diligence with the rest of the Ministers and Gentlemen that such may be chosen. 4 Because nothing will avail so much for our purpose, where the most part of the Ministers are disaffected, as that the Gentlemen be present to vote in Presbyteries, it would be presently tried whether this be put in execution; and if the Minister be slow in urging it, the Gentlemen themselves to urge it, and put themselves in possession. Our adversaries in this cause are seeking their own ends, and will set our friends on work to deal with us; all would be warned to shut their ears, and in this case to forget parents, brethren, and friends, and without respect to any person, to do what may most conduce for our good ends. Much will be pretended that the Bishops be limited, They will be harmless in time coming; and on the other hand, that Ministers having all in their power will prove unruly: but it would be seriously considered, First, That God's ordinance (except that we will mock him, and be wiser in his errands then himself) should have place: Secondly, That Ministers will be constrained to keep themselves within bounds, if Gentlemen resort to the Presbyteries, Synods, and Assemblies: Thirdly, That this order will both make Gentlemen more religious and more accomplished every way, and will make Ministers more diligent in their studies and calling, and take better heed to all their ways; which no doubt will (through the blessing of God) make this a flourishing Church and Kingdom, which otherwise, of all nations will be most slavish, miserable, and contemptible to all our neighbours, when they shall perceive how by our own silliness and treachery we have lost so fair an occasion of our liberty, both christian and civil. That they linger not, they would be urged again to send their Commissioners to Edinburgh before the first of October; by this we shall know our own strength the better at our next meeting. And the Gentlemen, at the least the greatest part of them, would be warned to be at Edinburgh the 20. of September; and that only the Gentlemen who are named Commissioners to the Presbytery, for choosing their Commissioners for the Assembly, with some to assist them, that day stay at home, and those to come away immediately after the election. That in every Presbytery there be a particular care taken of the informations against the Prelates for instructing our complaints. THe other paper was directed to some Minister of every Presbytery, in whom they put most special trust, containing these eight Articles ensuing. Private Instructions, August 27. 1638. THese private Instructions shall be discovered to none but to brethren well affected to the cause. Orders must be taken that none be chosen ruling Elders but Covenanters, and those well affected to the business. 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. That they be careful no Chapter-men, Chappell-men, or a Minister Justice of Peace, be chosen, although Covenanters, except they have publicly renounced or declared the unlawfulness of their places. 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 any opposition. That the Commissioner of the Shire 'cause convene 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. That where there is a Nobleman within 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. That the ablest man in every Presbytery be provided to dispute de potestate supremi Magistratus in ecclesiasticis, praesertim in convocandis Conciliis, de Senioribus, de Episcopatu, de Juramento, de Liturgia, & corruptelis ejusdem. NOw both these were so closely carried, that the rest of the covenanting Ministers never suspected there had been any other instructions, save the two public and avowed papers before related; nor would they ever have suspected any such close and double dealing, but that when they came to their elections, they found for the most part the ablest and most experienced Ministers passed by, and only the rigidest and hottest men chosen; which made them (enquiring after the reason of it) come to hear of these private Instructions, at which they stormed exceedingly, but could not then help any thing. And now whether these two papers do not contain prelimitations of the assembly, a thing against which they most fearfully cried out, We leave it to the judgement of the Reader. The Moderator and some Noblemen lay Elders, went about to clear themselves from the notice of these two papers of the secret instructions, but could not do it: Our Commissioner when he delivered them to the Clerk to be read, told him, That surely they were papers which he had seen before, and with which he was well acquainted: The former of these, to a lay Elder of every Presbytery, in which is that seditious Article, being the sixth in number (intimating their fear of the loss of their Civil liberty as well as Christian) he acknowledged he had seen; but denied that he had seen the other. One of the principal covenanting Lords affirmed, That these Instructions were not sent from the Tables, but that they might be some private advices from one friend to another; for proof whereof, he offered to produce the two papers of public Instructions which had been sent from their Tables, and which are set down before by Us in this Narration. To this Our Commissioner answered, That the sending of these public instructions, of which all the Kingdom had notice, was a weak argument to prove that they sent no other private ones; That he acknowledged these private instructions were not sent from their public Tables, but he offered to prove that they were sent to the several Presbyteries by the direction of some of the principal rulers of the Tables, who laboured by all means to conceal them from the rest of their party, who they were sure would take offence at them: That they were sent from one friend to another by way of private advice, he declared to be impossible for these two reasons; First, because it could not be imagined that several men, writing to their private friends, should light upon the same words, and yet that the copies of these instructions sent unto him Our Commissioner from many parts of the Kingdom, very far distant one from another, were the very same: Secondly, because he and every man did find that all the elections now returned, were made throughout the whole Kingdom according to these private instructions, and in pursuance of them: And, that these private instructions were undoubtedly sent, besides the two reasons last mentioned, it doth evidently appear; First, because it is well known, that they who had never yet let any thing slip which they thought was advantageous to them, would not have let this pass unquestioned, but would have required Our Commissioner to prove the truth of these secret instructions, which brought so great a scandal upon their proceedings if they were not forged; and so great a scandal upon him if they were: and therefore their not urging of him to make proof of them, doth clearly evince their guiltiness. Secondly, Our Commissioner, though he was loath to nominate unto them those several Covenanters from whom he received copies of these secret instructions, unless he were put to it; yet he hath upon his Honour protested unto Us, that he received them only by the means of Covenanters, who found themselves aggrieved by these sinister dealings, and that he will justify the receipt of these papers from them whensoever he shall be put to it, as he would have done in the Assembly if he had been urged thereunto; which he expected they would have done, but did not, because they knew there were diverse members of the Assembly there present, who were well acquainted with the truth of what he had delivered concerning these secret instructions. Thirdly, because in their protestation made against Our last Proclamation, they have confessed some of them, which were not in either of their public instructions, and which never came to Our Commissioners notice, but by these private papers. After this, first diverse of the Lords, and then some of the Ministers, entreated Our Commissioner to stay, adding many words both to that purpose, and for justifying their proceedings. To the Lords our Commissioner answered, That for many months, only their Tables had been obeyed, but that We and Our Council Table had received no obedience at all; he was therefore now to try their obedience in this point, whether they would dissolve themselves at our special commandment. To the Ministers he replied, That one of the chief reasons which had moved Us to dissolve this Assembly, was, to vindicate them from the tyranny of Lay-Elders, who as they had gone about to suppress the Bishops, so now to oppress them; and, if We did not protect them, would undoubtedly prove, not only ruling but overruling Elders: And withal added, That if they would now depart he would be a suitor to Us for the indiction of a new free general Assembly, in which they might mend all the faults committed by them in their proceedings at this. Here the Earl of Argyle, one of our Councillors and Assessors to Our Commissioner, desired to speak: his voice was low, his speech he directed to the Covenanters; the sum of it was, That he was surprised, and did not expect this sudden rupture, but that he was willing to say something, which was, That he held it fit the Assembly should consist of Laymen as well as Churchmen; because these two made up one complete body, exhorted them to stand by the Confession of Faith, as it was sworn in 1581. After he had done, Our Commissioner desired the Moderator to say prayer, and so to dismiss the Assembly; which he was about to do, but was hindered by the Lords, who fell again with new persuasions to urge Our Commissioners stay with them: which he answered with so much expression of grief for there misdemeanours, which had necessarily enforced this rupture, that very many of the Assembly seemed to be much moved with it. When nothing could persuade his stay, at last some of the Lords told him, that fearing this rupture they had a protestation ready against what he had said and done, which they desired him to hear read; which so soon as the Clerk begun to read, Our Commissioner repeated his former protestation, adding, in express words, that in Our name he dissolved the Court under the higest pains: and so came out with the Lords of Our Council, leaving the Clerk reading their protestation. When he came to the Church door, he found it shut, so that some of his company were glad to force it open. No sooner was he gone, but the Lord Areskyn, eldest son to the Earl of Marr, stood up and made this wise speech, not without tears: My Lords, and the rest, my heart hath been long with you, I will dally no more with God, I beg to be admitted into your blessed Covenant, and pray you all to pray to God for me, that he would forgive me for dallying with him so long. Three others of meaner quality desired the same, and so all those four were presently admitted into their Covenant. These men, at least the Lord Areskyn, were resolved to enter into their Covenant long ago, but were reserved on purpose for doing of it at that hour, for the greater glory of their Covenant: For no sooner had they sworn, & the Moderator received them by the hand, but presently he desired the whole audience to admire God's approbation and sealing of their proceedings, that even at that instant, when they might have feared some shrinking and back-sliding because of the present rupture, He had moved the hearts of these men to beg admittance into their blessed society. Immediately after, diverse stood up and spoke, but all much about one, and to this sense: They had seen how careful and punctual Our Commissioner was, like a good servant, faithfully to serve Us his Master, and to observe Our instructions (speaking withal much to his singular commendation;) how much more than ought they to be careful to be found faithful in following his instructions, who was Master, as to all themselves, so even to him who was Our Commissioners Master? These speeches being ended, two things were immediately put to the question: First, whether notwithstanding Our Commissioners departure and protestation they would adhere to their own protestation, and continue the Assembly. They all voiced affirmatively, except the Lord Carnaegie Commissioner from the Presbytery of Brichen, Sir John Carnaegie Commissioner from the Presbytery of Arbroath, two Ministers Commissioners from the Presbytery of strabogy, the lay Elder and Ministers Commissioners from the Presbytery of Peebles, Doctor Strang Principal of the College of Glasgow, Doctor Baroune Commissioner from the University of S. Andrew's▪ with some others, who refused to sit with them any longer. The second was whether the Assembly, though discharged by Our Commissioner, was competent Judge to the Bishops, and whether they would go on in their trial, notwithstanding the reasons contained in their Declinator: and this passed affirmatively without one contrary voice; and so for that night the Assembly was dismissed. Our Commissioner after he had left the Assembly, that very night, though late, assembled Our Council; none were absent except the Earl of Argyle, who made some excuse and pretence for his not coming, and the Lord Almond, who was then sick. Two things Our Council resolved on; first, to write unto Us a letter of thanks for those gracious proffers, which We by Our Commissioner had made at the Assembly; Next, to draw up a Proclamation for the dissolving of the Assembly. Their Letter here followeth. Most Sacred Sovereign, IN obedience to your Majesty's Royal commands, we have attended your Majesty's Commissioner here at Glasgow since the 17. of this instant, and according to our bond duty in so exigent occasion, have not been wanting with our humble and best advices: And although we do remit the particular relation of what is passed to his Grace's self as best known to him; yet we cannot for truths sake be so silent, as not acknowledge to your Majesty, that never servant did with more industry, care, judgement and patience go about the discharge of so great a trust: And albeit the success hath not answered his desires, neither yet his extraordinary pains, and (as we may confidently affirm) most dexterous and advised courses taken to compass the just command of so gracious a King; yet his deserving herein merits to be remembered to posterity. And since your Majesty hath been pleased to renew to us your former act of grace expressed in your Proclamation and Declaration anent the maintenance of the true Religion, and we in the defence and profession thereof; we do all in humility and hearty acknowledgement of so great goodness, return to your Majesty the offer of our lives and fortunes in defence of your Sacred person, and maintenance of your Royal Authority: and shall in all our actions approve ourselves your Majesty's most loyal subjects and humble servants. Sic subscribitur. Traquaire, Roxburgh, Marre, Murray, Lithgow, Perth, Wigtoun, Kingorne, Tullibardin, Haddington, Galloway, Annandaile, Lauderdail, Kinnoul, Dumfreis, Southesk, Angus, Elphinstoun, Naper, Dalyell, Hay, W. Elphinstoun, Ja. Carmichael, Hamiltoun, Blackhall. From Glasgow, Novem. 28. 1638. TO this Letter the Lord of Argyle refused to set his hand. Next morning the Proclamation was signed by Our Commissioner and Council, but the Earl of Argyle refused to sign it, as before he had done the Letter. The Proclamation here followeth. CHARLES' by the grace of God, King of Scotland, England, France and Ireland, Defender of the Faith. To Our Lovits, Heralds, Pursuivants, Our Sheriffs in that part conjunctly and severally specially constitute, greeting. Forsameikle as out of the royal and fatherly care which We have had of the good and peace of this Our ancient and native Kingdom, having taken to Our serious consideration all such things as might have given contentment to Our good and loyal subjects: And to this end had discharged by Our Proclamation the Service Book, Book of Canons, and high Commission, freed and liberate all men from the practising of the five Articles, made all Our subjects both ecclesiastical and civil liable to the censure of Parliament, general Assembly, or any other judicatory competent, according to the nature and quality of the offence: and for the free entry of Ministers, that no other oath be administrate unto them than that which is contained in the Act of Parliament: had declared all bygone disorders, absolutely forgotten and forgiven: and for the more full and clear extirpating all ground and occasion of fears of innovation of Religion, We had commanded 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: Like as for settling of a perfect peace in the Church and Commonwealth of this Kingdom, We caused indict a free general Assembly to be holden at Glasgow the 21. of this instant, and thereafter a Parliament in May, 1639. By which element dealing, We looked assuredly to have reduced Our subjects to their former quiet behaviour and dutiful carriage, whereto they are bound by the Word of God, and Laws both national and municipal, to Us their native and Sovereign Prince. And albeit the wished effects did not follow, but by the contrary, by Our so gracious procedure they were rather emboldened, not only to continue in their stubborn and unlawful ways, but also daily add to their former procedures acts of neglect, and contempt of authority, as evidently appeared by open opposing of Our just and religious pleasure and command, expressed in Our last Proclamation anent the discharge of the Service Book, Book of Canons, high Commission, etc. protesting against the same, and striving by many indirect means to withdraw the hearts of Our good people, not only from a hearty acknowledgement of Our gracious dealing with them, but also from the due obedience to those Our just & religious commands, notwithstanding We had been formerly so oft petitioned by themselves for the same. By their daily and hourly guarding and watching about Our Castle of Edinburgh, suffering nothing to be imported therein, but at their discretion, And openly stopping and impeding any importation of ammunition, or other necessaries whatsoever to any other of Our houses within that 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,) By making of Convocations and Council Tables of Nobility, Gentry, Burrowes and Ministers within the City of Edinburgh, where, not regarding the Laws of the Kingdom, they, without warrant of authority, convene, assemble, and treat upon matters, as well ecclesiastical as civil, send 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 and unbounded liberty, require obedience to their illegal and unlawful procedures and directions, to the great and 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 their Commissioners for the Assembly, whereof some are under the censure of this Church, some under the censure of the Church of Ireland, and 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 a long time since denounced Rebels, and put to the Horn, who by all law and unviolable custom and practic of this Kingdom, are, and ever have been incapable, either to pursue, or defend before any judicatory, far less to be Judges themselves; some of them confined, and all of them by oath and subscription bound to the overthrow of Episcopacy. And by this and other their underhand working, and private informations and persuasions, have given just ground of suspicion of their partiality herein, & so made themselves unfit Judges of what concerneth Episcopacy. And also 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 the Moderatours lawfully established, and placed others, whom they found most inclinable to their turbulent humours; associate to themselves for the choosing of the said Commissioners for the Assembly, a Laick-Elder out of each Paroch, 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 Ruling-Elder; being directed more therein by the warrants from the foresaid pretended Tables, then by their own judgements, as appears by the several private instructions sent from them, far contrary to the Laws of the Country, and lowable custom of the Church: by which doings it is too manifest, that no calm nor peaceable procedure or course could have been expected from this Assembly, for settling of the present disorders and distractions: Yet We were pleased herein in some sort to blindfold Our own judgement, and overlook the said's disorders, and patiently to attend the meeting of the said Assembly, still hoping that when they were met together, by Our Commissioner his presence, and assistance of such other well disposed subjects who were to be there, and by their own seeing the real performance of all that was promised by Our last Proclamation, they should have been induced to return to their due obedience of subjects: But perceiving that their seditious disposition still increases, by their repairing to the said Assembly with great bands and troops of men, all boddin in fear of war, with guns and pistolets, contrary to the laws of this Kingdom, custom observed in all Assemblies, and in high contempt of Our last Proclamation at Edinburgh the 16. of this instant: As also by their peremptory refusing of Our Assessors, authorized by Us (although fewer in number then Our dearest Father was in use to have at diverse Assemblies) the power of voting in this Assembly, as formerly they have done in other Assemblies; and by their partial, unjust, and unchristian refusing, and not suffering to be read the reasons and arguments given in by the Bishops, and their adherents, to Our Commissioner, why the Assembly ought not to proceed to the election of a Moderator without them, neither yet to the admitting of any of the Commissioners of the said's Commissioners from Presbyteries, before they were heard object against the same, though earnestly required by our Commissioner in our name. And notwithstanding that our Commissioner under his hand, by warrant from us, gave in a sufficient declaration of all that was contained in our late proclamation and declaration, the same bearing likewise our pleasure of the registration of the same in the books of assembly for the full assurance of the true religion to all our good subjects; And yet not resting satisfied therewith, lest the continuance of their meeting together might produce other the like dangerous acts, derogatory to royal authority, we have thought good, for prevening thereof, and for the whole causes and reasons abovementioned, and diverse others importing the true monarchical government of this estate, to dissolve and break up the said assembly. And therefore OUR will is, and we do discharge and inhibit all and whatsoever pretended commissioners, and other members of the said pretended assembly, of all further meeting and conveening, treating and concluding any thing belonging to the said assembly, under the pain of treason, declaring all and whatsoever that they shall happen to do in any pretended meeting thereafter, to be null, of no strength, force nor effect, with all that may follow thereupon: Prohibiting and discharging all our lieges to give obedience thereto, and declaring them, and every one of them, free and exempt from the same, and of all hazard that may ensue for not obeying thereof. And for this effect we command and charge all the foresaids pretended commissioners, and other members of the said assembly, to depart forth of this city of Glasgow within the space of xxiiii. hours after the publication hereof, and to repair home to their own houses, or that they go about their own private affairs in a quiet manner. With special provision always, that the foresaid declaration, given in under our Commissioners hand, with all therein contained, shall notwithstanding hereof stand full, firm and sure to all our good subjects in all time coming, for the full assurance to them of the true religion. And our will is, and we command and charge, that incontinent these our letters seen, ye pass, and make publication hereof by open proclamation at the market cross of Glasgow, and other places needful, wherethrough none pretend ignorance of the same. Given under our signet at Glasgow the 29. of November, and of our reign the fourteenth year. 1638. Sic Subscribitur HAMILTOUN, Traquaire, Roxburgh, Murray, Linlithgow, Perth, Kingorne, Tullibardin, Hadingtoun, Galloway, Annandaill, Lauderdaill, Kinnoull, Dumfreis, Southesk, Belheaven, Angus, Dalyell, J. Hay, W. Elphinstoun, Ja. Carmichael, J. Hamiltoun. THis Proclamation being very solemnly made with sound of Trumpets, and by Heralds, with coats of Our arms on their backs, at the market Cross of Glascow, was received with a Protestation read in the same place by johnston the then Clerk of the Assembly, assisted by the Lord Areskyn, and diverse others, young noblemans, and Gentlemen. The paper which johnston read, was not, as it seemeth, that very Protestation which they printed; for he read something out of a paper to that purpose, and offered it by the name of a Protestation to him who read Our Proclamation, which paper the Clerk of our Council offering to receive, johnston refused to deliver it, saying, He must stay until it were written. By which it is evident, that they who at Glascow protested against Our Proclamation, did protest and desired their Protestation to be received, before it was penned, as it is now printed, and before they could so much as send to them in whose name it was made, to know whether they would adhere to it or not. But a Protestation against it they have since printed, which here now we do subjoin, that the reader may see how groundless and unwarrantable it is. The Protestation of the general Assembly of the Church of SCOTLAND, etc. Made in the high Kirk, and at the Market Cross of Glasgow, Novemb. 28. and 29. An. 1638. 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 into the doctrine, worship, and discipline 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 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 undertake 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 approbation to the things proponed and concluded, 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 Grace 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, in violably 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 & covenant, subscribed & 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 an. 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, & 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 it 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 no ways 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 reiterared 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, 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 1580 and 1590. being a national covenant and oath to God; which is lately renewed by Us, with that necessary explanation, which the corruptions introduced since that time contrary to the same, enforced: which is also acknowledged 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 prejudices which may follow upon the show of two different covenants & 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 judicatory of this kingdom: Intolerable presumption 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, Most false. 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 continuing 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 and 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 ardently desired the concurrence of his Majesty's Commissioner to this lawful Assembly; But upon the contrary, that the Prelates and their adherents, 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 depart 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 shall follow hereupon, and condignly censured 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 summon 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 cytations, and according to Justice, with certification as effeirs; Like as by these presents we summon and city 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 foresaid 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 eighth day of November: and upon the market Cross of Glasgow, the twenty ninth day of the said Month, the year of God 1638. respective. THe Reader shall not need to look after much reason in this protestation; for if he do, he will be sure to lose his labour. Much is repeated in it, of that which hath been delivered in their former petitions and protestations; all which shall now be passed by, what is new in it, the Reader shall do well to cast his eye upon that, taking along with him this advertisement, That there is little or indeed nothing in it new, which is true. Towards the beginning you find the Protestation made, not only in the name of the general Assembly, but in the name of the Noblemen, Barons, Gentlemen, Ministers, Burgesses, and Commons, Subscribers of the Confession of Faith: Now how this Protestation could be made at Glasgow in their names, who at that time neither were acquainted nor possibly could be acquainted with what passed at Glasgow, being in the several parts of the Kingdom so far distant from it, and many parts having no Commissioners there, except those that were in the Assembly, We leave it to the Readers consideration. They affirm not many lines after, That it was made clear to Our Commissioner, that the Assembly which he meant to indict in August, was clogged with such prelimitations, that he undertook another journey to Us, and promised to endeavour to obtain a free general Assembly without any prelimitation, etc. All which is so far from truth, as nothing can be more; for he did never desire the Assembly to be prelimited; for they themselves by their instructions both public and private did prelimitate it, he did only desire, that (according to the usual custom before Assemblies) some previous meeting and consultation might be held concerning the forms of the Assembly; which might very well have been forgot, there having been no Assembly held for many years before. Again, in the last words at the end of the first section, one would wonder how any man could have the boldness to affirm, That this their Assembly was constituted of such members, as by all law, reason, and custom of that Church were ever admitted in their free Assemblies, since they in their own conscience do know, that there is no law extant for lay-Elders having voice in general Assemblies: And if there be no law for it, We appeal to the judgement of every man endued with reason, whether there can be any reason found for it, and whether if such a proposition were to be propounded, and to pass into a law, he would give his voice unto it if he had power so to do, That lay-men (especially many of them, being ignorant and mechanical persons) should sit in the highest Ecclesiastical judicatory, and by their voices determine points of faith, and other highest points of doctrine, and to inflict the highest censures of the Church, even excommunication and deprivation, not only of Ministers, but of Bishops, especially when in an Assembly the number of the lay-voices shall be equal or very near equal to those of the Clergy, So that it may fall out, that the voices of the lay-men, having the voices but of twenty or thirty Clergy men concurring with them in opinion, may carry the determination of the highest point of doctrine against the rest of the Clergy, and those perhaps the holiest, ablest, and most learned, though their number exceed a hundred. Sure if such a proposition were to be passed into a law, few voices would be found to enact it; and therefore if there be no law for it already (as undoubtedly there is none) they might have done well not to have talked of reason for it: And that which they aver of the custom of that Church, is as untrue as what they said either of law or reason: for We demand if there have been never a free Assembly in Scotland these last forty years? Sure they will confess there hath been; and yet in none of these, lay-Elders chosen by and sent from Presbyteries had voices in these Assemblies: nay, since the first Reformation, hath there been any free general Assembly in that Kingdom? No question they will say there hath; and yet We challenge them to name but any one Assembly before this, in which the Ministers chosen Commissioners to it from the several Presbyteries, were chosen by the voices and suffrages of lay-Elders: so that for that point it is impossible they should allege either law, reason, or custom, or so much as any one instance; and yet the elections of all the Ministers present at this Assembly were carried by the voices of lay-men, and in many places in despite of the Ministers. A little after the beginning of the second section they do affirm that which they themselves do know not to be so; for when they say that Our Commissioner did unexpectedly depart and discharge any further meeting or proceeding in this Assembly, how can that stand with the words of the Earl of Rothes, who when Our Commissioner was rising and departing out of the assembly, told him, that his departure and discharging of the assembly was a thing not unlooked for, but expected by them; and therefore they were provided for him, and had a Protestation ready written against his discharging of the assembly, which he desired him to hear (as is before mentioned?) But Our Commissioner refusing, the Clerk presently begun to read it, and Our Commissioner and Council at their departure left them reading it; and after his departure it was read out to the end, and presently put to voices whether all the members of the assembly would adhere to it; and the very Title page of their Protestation affirmeth, that it was first read in the high Church, and afterward at the Market-Crosse of Glasgow: Besides, the Moderator made a speech to Our Commissioner upon his departure, which none of the auditors did conceive to be extemporary; for when it was compared with any other speeches of his, delivered at any other time of the Assembly, it was agreed that it was so much better penned or premeditated and delivered then any of the rest of his speeches, that certainly it was provided against Our Commissioners departure; and yet these men protest, that Our Commissioners departure and discharging of the Assembly was to them altogether unexpected, when they knew that they had carried themselves, and meant to carry themselves so, that it was impossible but that he should discharge the Assembly. A great mark of the sincerity of their proceedings. That which immediately after they add, That they have fully cleared in their answer to the Bishops Declinator all the arguments contained in it against the assembly, as also those propositions made by Our Commissioner in his 11. Articles or Demands, sent unto them before the indiction of the Assembly, and that Our Commissioner acknowledged so much, is all of equal untruth with the former; for neither have they satisfied the Bishop's reasons propounded in their Declinator, nor gave they any satisfaction to Our Commissioner his eleven Articles or Demands: and that Our Commissioner acknowledged that he had received satisfaction to them is so manifest an untruth, as they themselves do know there is no colour for it: They affirm within a few lines after, that Our Commissioner did know, before the indiction of the Assembly, that ruling Elders were to have voices in the election of Commissioners from Presbyteries: He did know it indeed, but could not tell how to help it; and so soon as he did know it, which was immediately before the indiction of the Assembly, he did sharply expostulate it with them, and assured them, that it would induce a nullity upon the elections made to the Assembly; That We would never allow any for members of the Assembly who were so chosen; That he had notice of this their intention by the complaints of many covenanting Ministers, who were resolved to protest against all such elections, but that he did know of any such elections with approbation of them, cannot be charged upon him. And whereas they say, that these elections are agreeable to the Acts and practice of that Church, they have received already a sufficient challenge to make that good, which undoubtedly they cannot: And where they add, that not one of the Assembly doubted thereof, it is well known that some of the Ministers of Edinburgh, and many more Ministers of the Assembly did grieve at it, but did not know how to remedy it. The whole third Section is so derogatory to Our Royal authority, and indeed doth so unworthily debase the authority of Monarches, as it is not to be answered any way but by justice: for it giveth no more power to Us, if We had been present and sitting at the Assembly at Glasgow, than Thomas Patterson a Tailor of Edinburgh had, who sat Commissioner there. After, they subjoine some reasons for their Protestation: In the first, they affirm that the Assembly was constituted by the word of God; but they do not prove it, and sure never will. Then they affirm, that Our Commissioner acknowledged the lawfulness of their Assembly, by assisting therein seven days; but they conceal that he solemnly protested, and entered his particular Protestation against every thing they said or did in it; and if he who protesteth against a thing, may be said to acknowledge the lawfulness of it, than it may be that they themselves do acknowledge the justice and equity of all Our Proclamations, and Our power and authority in discharging of this Assembly, notwithstanding all their Protestations made against these. And for Our Commissioner his exhibition of Our Royal Declaration to be registered in the Books of this Assembly, let the Reader remember the Protestation before mentioned, which Our Commissioner made when he did so, and that scruple is quickly removed. Their second and third reasons are of their own fancies: They have lately sworn so, and to that sense they have explicated their Covenant, therefore it must be so: But they did wrong in both, and therefore none must follow them in either, for every Oath unlawfully taken is unlawfully kept. Their fourth reason hath not one true word in it; for there is Law for Our authority to dissolve the Assembly, there being an express Act of Parliament which giveth Us the sole power of indicting of an Assembly, viz. the first act of the 21. Parliament of Our Royal Father: and sure, ejusdem est destituere cujus est instituere, whosoever hath the power of indicting hath the power of dissolving. They add that there is no preceding practice for it. We wonder they can or dare affirm it: Did not Our Royal Father discharge that Assembly at Aberdene? and when some few turbulent Ministers did notwithstanding hold it, were they not convented before the Lords of his Council for it? who undoubtedly had punished them most severely, if by their declining of the Counsels authority, and appealing to a General Assembly, they had not fall'n into an act of treason, and so by Our Council were turned over to the Judges in criminal causes; before whom, by a Jury or Assize, they were found guilty of treason, for that act of declining Our Royal Father and his Counsels authority, all which we touched a little before. And that by claiming Our power to indict or dissolve the Assemblies of the Church, We do infringe the privilege and liberties of the Church, or do any act not consistent with the Oath which We took at Our Coronation in that Kingdom, as is suggested in this fourth reason, is most falsely and most seditiously affirmed, only for drawing away of the hearts of Our good subjects from Us and our government. The Act of Parliament for Our sole power of indicting Assemblies here followeth. A ratification of the Acts and conclusions set down and agreed upon in the general Assembly of the Church, kept in Glasgow in the month of June 1610. together with an explanation made by the Estates, of some of the Articles of the same. CHAP. I. The act is long and hath many branches, We only recite two: First, it confirms that Act of the Assembly, which acknowledgeth the indiction of the general Assembly of the Church, to appertain to his Majesty by the prerogative of his Royal Crown: and in the last branch of the act, Our Royal Father and the three Estates do annul and rescind the 114. Act of the Parliament held in Anno 1592. which did give some power to the general Assembly, in some cases, of themselves to indict a new Assembly. Their fifth reason containeth an instance of an Assembly that would not stay a Process which they had intended against Archbishop Montgomerie the Archbishop of Glasgow, nor yet dissolve itself, notwithstanding they were charged by Our Royal Father and his Council with Letters of Horning and Rebellion to do one of the two: An excellent argument, Because one Assembly did wickedly, and that which they could not do, we must do so likewise; as if many years hence, an Assembly being charged by one of Our Successors to dissolve, should not obey, but allege for their defence, That this Assembly of Glasgow would not dissolve itself, notwithstanding the members thereof were charged by Us to do so under pain of treason; as if one unjust act could justify another. But they should do well to remember, that those who did but offer to hold an Assembly at Aberdene, after it was discharged by Our Royal Father, were first convented before his Council, and afterwards severely punished for it. In their sixth reason there is no Reason to be found. In their seventh reason they allege, that they cannot rise until they have found Our Covenant and theirs to be all one. If by their Covenant they mean the Confession of Faith and Covenant annexed, which was first enjoined by Our Royal Father, and twice afterward by his authority renewed▪ then they needed not to have sit one hour longer for finding of that; for any man that can read may find the words and syllables of both, to be the very same without the least alteration: But if by their Covenant they do understand their explications, additions, and glosses which destroy and corrupt the very text of the first Covenant, then certainly they should not have risen yet, nor could have risen until the end of the world; for they will never find that these corrupt glosses, & apocryphal additions of their own, can consist with Our Royal Father his Confession and Covenant, upon which they pretend they ground their own. Besides, as shall presently appear, they have discharged all men to subscribe the Confession and Covenant commanded by Our authority; which We suppose they would not have done if they had found them to be one; and therefore if they be men of their words, they should have sat still and not risen yet, because as yet they have not found them to be one. After their seven reasons they add seven protestations of the same piece with their reasons: The first, third, fourth, and fifth are not worth the reading, for they contain nothing but their usual tautologies and taking the sacred name of God in vain. In the second, and latter end of their sixth reason, their is so much boldness expressed, as could never have been expected from any men who had been acquainted with the names of King, Law, Authority or Government: For who ever heard that subjects durst require their King's Commissioner not to depart out of the Assembly, when he himself had pleased, although he had not been commanded by Us so to do? what greater command could they have laid upon the meanest member of the Assembly than this, by which they affronted Our Commissioner and in him Us and Our authority? But their cytation of Our Council, who signed Our Proclamation, to appear as offenders before Us and Our three Estates of Parliament, (which by the way We wonder how they can be made up without Bishops) and to answer the subscription of Our Proclamation as a crime, is a boldness that calleth more for admiration then refutation. They city for this their doing the twelfth act of the second Parliament of Our Royal Progenitor James the fourth. We wondered that in his days there should be any warrant found for the allowing the members of a general Assembly in any thing, in whose time a general Assembly had no existence: but when we looked upon the act, We wondered much more; for there is not so much as any word to be read there, which can be drawn to any show of construction that way. That act attributeth rather too much to Privy Counsellors, then diminisheth them; so that upon perusal of the act, We were almost enforced to excuse them, and lay the fault upon the Printer, who had mistaken the cytation, until We remembered that in their cytations both of other acts of Parliament, and many passages of holy Scripture, they are as far out as in this, hoping (belike) that the Reader would never peruse them. That which they affirm about the middle of the sixth Protestation, that the Prelates moved Our Commissioner to dissolve the Assembly, We must aver upon Our own knowledge to be far otherwise; for he did it by Our special commandment, when none of the Prelates were near Us to give Us any such advice. Their seventh protestation is usual with them, and therefore now not to be taken notice of. And now when the Reader hath perused both Our Proclamation for the dissolving of that Assembly, and their Protestation against that Our Proclamation, and hath well weighed all the precedent first violences, and then juggle for their obtaining of such persons only to be elected, as should be sure to stand for such conclusions as they had resolved upon at their Tables at Edinburgh, We do leave it to the judgement of every man to consider whether We could any longer continue that Assembly without endangering Our own Royal authority, which they intended to supplant, and betraying into the hands and power of their sworn and combined enemies the Bishops of that Church, who never declined, nor yet do decline the trial of a general Assembly lawfully constituted. They did long call for a free general Assembly; We granted them one most free on Our part, and in Our intentions: But as they have handled and marred the matter, let God and the World judge whether the least shadow or footstep of freedom can in this assembly of theirs be discerned by any man who hath not given a Bill of divorce both to his natural light, that is, his Understanding, and to his connatural light, that is, his Conscience. It is a great error to conceive, that liberty and limitation are destructive one of another: for that freedom which admitteth no bounds and limits, is not liberty but licentiousness: When therefore they talked of a free general assembly, We took it as granted that they meant not an assembly in which every one both in the necessary preparations preceding it, and in the necessary proceedings in it, might say and do what he would; but such an assembly, in which no man having interest, should be barred either in the precedings to it, or proceedings in it, of that liberty which the laws or customs of that Kingdom and Church in which that assembly was convocated, do allow him: which two bounds whosoever shall transgress, though they pretend liberty and freedom, yet in all true intendment & construction, they must be taken either for professed & common, or clandestine enemies to the freedom of that assembly. What wresting and wring was used in their last Protestation made at Edinburgh, to charge Our gracious Proclamation with prelimitations, is known; and it was detested by many even of their own Covenant. Whether their courses, especially in the elections of the members of this assembly, were not only prelimitations of it, but strong bars against the freedom of it, and such as did utterly destroy both the name and nature of a free assembly, inducing upon it many and main nullities, besides the reasons contained in the Bishops Declinator, let these few particulars declare. First, whereas they refused so much as to hear from Our Commissioner of any precedent treaty for repairing and right ordering of things before the Assembly, alleging that it could not be a free Assembly where there was any consultation before, either concerning the choosers, or those to be chosen, or things to be discussed in the Assembly, but that all things must be treated of upon the place, else the Assembly must needs be prelimitated. Whether they did not transgress in all these particulars is easy to be discerned: For besides these instructions, which it may be are not come to Our knowledge, We have seen, and Our Commissioner at the Assembly did produce four several papers of instructions, sent from them, who call themselves the Table, all of them containing prelimitations, and such as are repugnant not only to that which they called the freedom, but to that which is indeed the freedom of an Assembly: Two of these papers were such as they were content should be communicated to all their associates, viz. that larger paper sent abroad to all Presbyteries, before or about the time of Our indiction of the Assembly; and that lesser paper, for their meeting first at Edinburgh, then at Glasgow some few days before the Assembly, and for choosing of assessors; These two papers Our Commissioner delivered not into the assembly, because they did publicly avow them: But their other two papers of secret instructions were directed, not from the Table publicly, but underhand, from such as were the prime Leaders of the rest; The one of them was delivered or sent only to one Minister of every Presbytery whom they trusted most, and was only to be communicated to such as he might be confident of, and was quite concealed from the rest of the Ministers, although Covenanters: The other paper was directed only to one lay-Elder of every Presbytery, to be communicated as he should see cause, and to be quite concealed from all others: These are the two papers which before you heard were delivered by Our Commissioner into the assembly, and they did contain directions, which being followed (as they were) did banish all freedom from this assembly; as doth appear before by the reading of the papers themselves. The second: Some Presbyteries did choose their Commissioners before the assembly was indicted, and therefore those Commissioners could not lawfully have any voice there. The third: Neither lay-Elder, nor Minister chosen Commissioner by lay-Elders, could have voice in the assembly, because such elections are not warranted by the laws of that Church and Kingdom, nor by the practice and custom of either; for even that little which seemeth to make for their lay-Elders, is only to be found in these books, which they call the books of Discipline, which were penned by some private men, but never confirmed either by Act of Parliament, or Act of general assembly; and therefore are of no authority: And yet in these elections they did transgress even the rules of these books, there being more lay-Elders who gave voices at every one of these elections, than there were Ministers; contrary to their books of Discipline, which require that the lay-Elders should always be fewer. But say there were an Ecclesiastical order or law for these lay-Elders, yet the interruption of that order for above forty years, maketh so strong a prescription in that Our Kingdom against it, as that without a new reviving of that law by some new order from the general assembly, it ought not again to have been put in practice: For if We should put in practice and take the penalties of many dis-used laws, without new intimation of them, it would be thought by Our subjects hard usage. The fourth: In many Presbyteries these lay-Elders disagreed wholly in their election from choosing those Ministers whom their own fellow-Ministers did choose, and carried it from them by number of voices, although in all reason the Ministers should best know the abilities and fitness of their brethren. The fifth: These men elected as lay-Elders to have voices in this assembly, could not be thought able and fit men, since they were never Elders before, all or most of them being newly chosen; some of them were chosen lay-Elders the very day before the election of the Commissioners to the assembly, which showeth plainly they were chosen only to serve their associates turn. The sixth: Since the institution of lay-Elders by their own principles is to watch over the manners of that people in that Parish wherein they live, how can any man be chosen a Ruling-Elder from a Presbytery, who is not an inhabitant within any Parish of the precinct of that Presbytery? And yet diverse such, especially Noblemen, were chosen as lay-Elders Commissioners from Presbyteries, within the precincts whereof they never were inhabitants, against all sense or reason, even upon their own grounds. The seventh: They can show neither law nor practice for choosing assessors to the Ruling-Elders, without whose consent they were not to give voice to any thing in the assembly. The eight: The introducing of lay-Elders is a burden so grievous to the Ministers, as that many Presbyteries did protest and supplicate against them, and many Presbyteries (though they were in a manner forced to yield to it then) yet did protest against it for the time to come. The ninth: In the election of Commissioners to this assembly, for the most part the fittest men were passed by, and few chosen who ever were Commissioners at any assembly before: the reason was, they conceived that new men would not stand much for their own liberty in an assembly, of the liberties whereof they were utterly ignorant: Besides, some were chosen who were under the censures of the Church, some who were deprived by the Church, some who had been expelled out of the University for reading to their Scholars against Monarchical government, some who had been banished out of that Kingdom for their seditious Sermons and behaviour, some who for the like offences had been banished out of Ireland, some who were then lying under the sentence of excommunication, some who then had no ordination or imposition of hands, some who had lately been admitted to the Ministry, contrary to the standing laws of that Church and Kingdom, and all of them were chosen by lay-Elders: Now what a scandal were it to the Reformed Churches, to allow this to be an assembly, which did consist of such members, and so irregularly chosen? The tenth: Divers members of this Assembly, even whilst they sat there, were Rebels, and at Our Horn; and so by the laws of that Our Kingdom uncapable of sitting as Judges in any judicatory. The eleventh: Three oaths were to be taken by every member of this Assembly: the oath to the confession of faith lately renewed by Our commandment, the oath of Allegiance, the oath of Supremacy, any of which three oaths whosoever shall refuse, cannot sit as a Judge in any Court of that Kingdom; and yet none of all these three oaths were sworn by any member of this Assembly. Besides these nullities of this Assembly, what indecency and rudeness was to be discerned in it? not so much as the face of an Ecclesiastical meeting to be seen, not a gown worn by any member of it, unless it were by one or two Ministers who lived in the Town, the appearance in a manner wholly Laical▪ amongst the members of it were seven Earls, ten Lords, forty Gentlemen, one and fifty Burgesses; many of them in coloured clothes, and swords by their sides, all which did give voices not only in very high points of controversy (which We are sure very many of them did not understand,) but also in the sentences of excommunication pronounced against the Bishops and others: Nay and more, all things in the Assembly carried by the sway of these lay-Elders, insomuch that all the time which Our Commissioner stayed in the Assembly, it was a very rare thing to hear a Minister speak; for there was one Earl and one Lord who spoke far more than all the Ministers, except the Moderator. And in the Assembly every thing which was put to voices, was so clearly discerned to have been resolved amongst themselves before by a palpable pre-agreement, that it was very tedious to the auditors to hear the List of the Assembly called, when the conclusion of it was known to them all, after the hearing of his voice who was first called; which made some present to envy no member of the Assembly but one, whose fortune it was ever to be first called, his name being set down first in the List; his name was Master Alexander Carse Minister of Polwart, one of the Commissioners from the Presbytery of Dunce: For if the Acts of this Assembly should come out in Latin, and be thought worth any thing in the Christian world, and withal it should be expressed that the List of the members of it was called to the passing of every Act, and his name should ever be found to be the first, there was never a Father nor Bishop, whose name is in any of the Greek or Latin Counsels, so famous as this man should now be: for he would be taken for a man of an unparallelled judgement both for soundness and profoundness, from whose judgement not one of the whole Assembly (except one, and that but once) did ever swerve in the least particular; for as he begun, all the rest did constantly follow. All these things being well considered, what hope could be conceived of any good, either for the Church or Kingdom, from an Assembly thus miserably constituted? And therefore We resolved to dissolve it, as knowing that it would make that Church and Kingdom ridiculous to the whole World, especially to the adversaries of Our Religion; that it would both grieve and scandalise all the other Reformed Churches, and make Our Justice to be universally traduced, if We should have suffered the Bishops Our subjects, in that which concerned their callings, their reputations and fortunes, to be judged by their sworn enemies thus prepapared against them. After Our Commissioners departure from Glasgow, they still continued their Assembly notwithstanding Our dissolving it by Proclamation under pain of treason: And then immediately the Earl of Argyle, who indeed all this while had been the heart of their Covenant, begun to declare himself openly to be the head of it; for he presently adjoined himself to them, sat continually with them in the assembly, although he were no member of it, nor had suffrage there, but sat only as their chief director and countenancer, and indeed like Our Commissioner. It was not to be expected that after We had dissolved the assembly, they would observe any greater moderation in their proceedings then they had done before: nor did they indeed; for all things passed in a huddling confusion, nothing argued publicly, but every particular referred to some few Committees, who were the most rigidest they could pick out of the whole pack: what they resolved on, was propounded presently to the assembly, swallowed down without further discussing; Mr Alexander Carse was called up, what he said first all the rest said the same. In one hour they declared six general assemblies to be null and void, though two of them were then and are still in force by several acts of Parliament, and diverse acts of the other four are ratified and confirmed by Parliament. In another hour they condemned, upon the report of a few Ministers, all the Arminian tenets (as they call them) and, under that name, many things received by all the Reformed Churches: a strange way, to condemn the Arminian tenets without defining what those tenets were. In another hour, they deprived the Archbishop of Saint Andrew's, the Bishops of Galloway and Brechen, and so at other times all the rest of the Bishops, many of whom they likewise excommunicated: where it is observable, that in the printed acts of this their (now after Our dissolving of it) pretended assembly, the acts of the depositions of the Bishops bear no such odious crimes, as they had made Our people believe they were guilty of in that infamous libel which they caused to be read in the Pulpits against them; for proof whereof We have caused one of their sentences of deposition to be here inserted, whereby it may be seen that not so much as one witness was examined, nor offered to be produced against them for any one of those fearful crimes with which they were slandered in the libel, but were only deposed for their obedience to acts of Parliaments and general assemblies. Sentence of deposition against Mr John Guthrie pretended Bishop of Murray; Mr John Grahame pretended Bishop of Orknay; Mr James Fairly pretended Bishop of Lismoir; Mr Neil campbel pretended Bishop of Isles. THe general Assembly having heard the libels and complaints given in against the foresaids pretended Bishops, to the Presbytery of Edinburgh, and sundry Presbyteries within their Diocese, and by the said's Presbyteries referred to this Assembly to be tried: The said● pretended Bishops being lawfully cited, oftentimes called, and not compearing, proceeded to the cognition of the complaints and libels against them; and finding them guilty of the breach of the cautions agreed upon in the Assembly at Montrose Anno 1600. for restricting of the Minister voter in Parliament, from encroaching upon the liberties and jurisdictions of this Kirk, which was set down with certification of deposition, infamy, and excommunication; and especially for receiving consecration to the office of Episcopacy, condemned by the Confession of Faith, and Acts of this Kirke, as having no warrant nor fundament in the word of God; and by virtue of this usurped power, and power of the high Commission, pressing the Kirke with novations in the worship of God; and for their refusal to underlye the trial of the reigning slander of sundry other gross transgressions and offences laid to their charge: Therefore the Assembly, moved with zeal to the glory of God, and purging of this Kirke, ordains the said's pretended Bishops to be deposed, and by these presents doth depose them, not only of the office of Commissionarie to vote in Parliament, Council, or convention in name of the Kirke; but also of all functions, whether of pretended Episcopal or ministerial calling: And likewise in case they acknowledge not this Assembly, reverence not the constitutions thereof, and obey not the sentence, and make not their repentance, conform to the order prescribed by this Assembly, ordains them to be excommunicated, and declared to be of these whom Christ commandeth to be holden by all and every one of the faithful as Ethnics and Publicans: and the sentence of excommunication to be pronounced upon their refusal, in the Kirks appointed, by any of these who are particularly named, to have the charge of trying their repentance or impenitency, and that the execution of this sentence be intimate in all the Kirkes' within this Realm, by the Pastors of every particular congregation, as they will be answerable to their Presbyteries and Synods, or the next general Assembly, in case of negligence of the Presbyteries and Synods. IN another hour they declared Episcopal government to be inconsistent with the laws of that Church and Kingdom, and so abolished it for ever, though it did then, and doth still stand confirmed by many Acts both of Parliaments and Assemblies: they deprived the Ministers, whose hands were at the Protestations against lay-Elders and elections made by them: some Ministers they deprived for Arminianism; a course never heard of in any place where any rule of justice was observed, that a Minister should be deprived for holding any tenet which is not against the doctrine of that Church wherein he liveth, and that before it be prohibited and condemned by that Church: Now there is nothing in the confession of that Church against these tenets. At the Synod of Dort no man was censured for holding any doctrine against the conclusions of it, before the Synod had determined against them, nor was he to be censured for any thing he had preached or printed, before that Synod did tender unto him their Canons to be subscribed: But at Glasgow no such course was taken, but Ministers were deprived without so much as ever being once asked the question whether they held any such opinion; or if they did, whether they would now recall their opinions, and conform their judgements to the judgement of the Assembly in these points. Some of their Ministers being asked the question, With what conscience or justice they could deprive their brethren for holding opinions not condemned by that Church, who perhaps after their Church had condemned them, out of their love to the peace of their Church would have forborn any further meddling with them; They returned this weak answer, That these tenets were condemned by that Church under the general name of Popery: But they could make no answer when it was told them, That certainly these tenets could not be counted Popish, concerning which, or the chief of which, as learned Papists as any in the World, viz. the Dominicans and Jesuits did differ as much as the Protestants did; and that those who do adhere to the Augustan confession, did hold that side of these tenets which the Arminians do hold, and yet they were very far from being Papists, being the first Protestants; and therefore it was against all sense to condemn that for Popery, which was held by many Protestant Churches, and rejected by many learned Papists. But all would not serve; they would deprive Ministers for holding them, before they themselves had condemned them. In the deprivation of one of these Ministers there did fall out a memorable passage, which was this: The Moderator of the Assembly, after the sentence of a Ministers deprivation, was pleased to move this learned question to the Assembly, Whether▪ if this deprived Minister should baptise a child, the child must not be baptised again? But he was presently taken off by one of his brethren, who it seemeth was much ashamed of such a question, & told him, That they did never rebaptise those who had been baptised by Popish Priests; and so all further talk of it was hushed. What conclusions were to be expected from an Assembly whose Moderator was so grossly ignorant as to move such questions, is easy to be conjectured. And the weakness of their conclusions would easily appear, if all their several Acts were printed; but because the Reader shall be able to make some judgement of them, We have here caused an Index of the titles of their Acts to be inserted, by which may be seen what they hold. An Index of the principal Acts of the Assembly at Glasgow, 1638. SUndry Protestations betwixt the Commissioner his Grace and the members of the Assembly. Master Archibald Johnstone his admission to be Clerk, and his production of the Registers of the Church, which were preserved by God's wonderful providence. An Act disallowing any private conference, and constant Assessors to the Moderator. The Act ratifying the authenticness of the Registers, with the reasons thereof. The Act registrating his Majesty's will given in by his Commissioner. The Act bearing the Assemblies Protestation against the dissolution thereof. The Act deposing Master David Michael Minister at Edinburgh. The Act deposing Master Alex. Glaidstounes Minister at S. Andrews. The Act annulling the six late Assemblies holden at Linlithgow 1606. and 1608. at Glasgow 1610. at Aberdene, 1616. at Saint Andrew's, 1617. at Perth, 1618. with the reasons of the nullity of every one of them. The Act declaring the nullity of the oath exacted by Prelates of Intrants [id est, Such as are instituted to Benefices.] The Act deposing Master John Creichtone Minister at Paislay. The Act condemning the Service Book. The Act condemning the Book of Canons. The Act condemning the Book of Ordination. The Act condemning the High Commission. The sentence of deposition, and excommunication of the sometime pretended Bishops of Saint Andrew's, Glasgow, Rosse, Galloway, Brichen, Edinburgh, Dumblane, Aberdene. The sentence of deposition against the sometime pretended Bishops of Murray, Isles, Argyle, Orknay, Cathnes, and Dunkell. The large Act clearing the meaning of the Confession of Faith made Anno 1580. as abjuring and removing Episcopacy. The Act declaring the five Articles to have been abjured and to be removed. Sentence of deposition against Master Thomas Forrester. Sentence of deposition against Master William Ahannan. Sentence of deposition against Master Robert Hammiltoun Minister at Glasford. Sentence of deposition against Master Thomas Mackeney. Act anent the Presbytery of Auchterardours present seat at Aberuskene for the time. Act restoring Presbyteries, provincial, and general Assemblies to their constitution, of Ministers and Elders, and their power and jurisdiction contained in the Book of policy. Act erecting Presbyteries in Argyle. Act referring to the Presbyteries the consideration of their meetings. Act concerning the Visitation of particular Kirks, Schools, and Colleges. Act against non-resident. Act concerning the planting of Schools in the Country. Act concerning the power of Presbyteries admission of Ministers, and choosing of their Moderators. Reference to the Presbyteries anent the competency of Parochioners and Presbyteries. Act concerning the entry and conversation of Ministers, ratification of the Act 1598. Act of reference to Presbyteries concerning the defraying of the expenses of the Commissioners. Act of reference concerning repressing, of Popery and Superstition. Act of reference to the Presbyteries concerning the more frequent celebration of the Lords Supper. Act of reference concerning markets on Monday and Saturday within Burrowes. Act against the profanation of the Sabbath for want of afternoon's exercise. Act against the frequenting the company of excommunicate persons. Act setting down the Roll of Provincial Assemblies, and some orders thereanent. Act of reference against milnes and salt pans. Act anent the order of receiving the repentance of any penitent Prelates. Act anent the excommunicating of the Ministers deposed, who do not obey their sentence. Act against those who speak or write against the Covenant, this Assembly and constitutions thereof. Act of reference anent the voicing in the Kirk Sessions. Act condemning Chapters, * Which offices were in the Church of Christ long before Popery was known or heard of in the world. Archdeans, preaching Deacons, and such like Popish trash. Act against the obtruding of Pastors upon people. Act against marriage without Proclamation of Banes. Act against funeral sermons. Act anent the trial of expectants; [that is, such as are not possessed of any Benefice.] Act anent the admission of Master Archibald Johnstoun to be Advocate, and Master Rob. Dalgleish to be Agent for the Kirk. Act anent the transplantation of Master Alexander Henderson from Leuchars to Edinburgh. Act of reference to the Presbyteries and Provincial Assemblies, to take order with Salmon-fishing. Act of transporting Master Andro Cant from Pitsligo to Newbotle. Act condemning all civil offices in the persons of Ministers separate to the Gospel, as to be Justices of peace, sit in Session or Council, to vote or ride in Parliament. Act concerning a Commission for complaints about Edinburgh. Another Commission to sit at Jedburgh. Another Commission to sit at Irwin. Another Commission to sit at Dundee. Another Commission to sit at the Channeries and Forres. Another Commission to sit at Kircubright. A Commission for visitation the College of Aberdene. A Commission for visitation of the College of Glasgow. Act against Salmon fishing, and going of milnes on the Sabbath day. Act appointing the Commissioners to attend the Parliament, and Articles which they are to represent in name of the Kirke to the Estates. Act ordaining the Commissioners from Presbyteries and Burrowes presently to get under the Clerk's hand an Index of the Acts, and hereafter a full extract of them, which they are bound to take back from the Assembly to the Presbyteries and Burrowes. Act ordaining the Presbyters to intimate in their several pulpits the Assemblies explanation of the Confession of faith, the Act against Episcopacy, the Act against the five Articles, the Act against the Service book, book of Canons, book of Ordination, the High Commission, the Acts of excommunication and deposition against some Prelates, and Act of deposition only against some others of them. * A pretty act, that We must print nothing concerning Ecclesiastical policy and government, unless Johnston will give Us leave. An Act discharging Printers to print any thing either anent the Acts or the proceedings of this Assembly, or any treatise which concerns the Kirke, without a warrant under Master Archibald Johnstouns hand, as Clerk to the Assembly, and Proctor for the Kirke, and that under the pain of all Ecclesiastical censure to be intimate with other Acts. Act ordaining the Covenant subscribed in Febr. now to be subscribed with the Assemblies Declaration. * A most traitorous act, for the very terms and words of it contain high treason. Act discharging all subscription to the Covenant subscribed by his Majesty's Commissioner and the Lords of Council. Act ordaining all Presbyteries to keep a solemn thanksgiving in all Parishes, for God's blessing, and good success in this Assembly, upon the first convenient Sabbath. Act against those who are malicious against this Church, decliners or disobeyers of the Acts of this Assembly. Act warranting the Moderator and Clerk to give out summons upon relevant complaints, against parties to compeer before the next Assembly. Act renewing the privileges of yearly general Assemblies, and oftener, pro re nata, and appointing the third Wednesday in July next in Edinburgh for the next general Assembly. Act that none be chosen ruling Elders to sit in Presbyteries provincial, or general Assemblies, but those who subscribe the Covenant, as it is now declared, and acknowledges the constitution of this Assembly. * This Blair is he who was expelled the University of Glasgow by the Professors there, many years since, for teaching his Scholars, in his Lectures upon Aristotle, that Monarchical government was unlawful. Now for this man to be made by them Professor of Divinity in the prime University of that Our kingdom, whether We can or aught to endure it, We leave to the Reader to judge. Act to transport Master Rob. Blair from Air to St. Andrew's. Act for representing to the Parliament the necessity of the standing of the Procutors place for the Kirk. There are many less principal Acts omitted, so the Index is not fully perfect. A. Jhonston. BY these it is easy to be discerned what conclusions, tending to Sedition and Rebellion, and the overthrow of the laws both of Church and Kingdom, were agreed upon; what false, nay and what foolish positions there were established; For instance, Had it not been enough to have removed Episcopal government, the five Articles of Perth, and the other pretended innovations, if they had been furnished with lawful power so to do? No, but they will have it concluded, that all these were abjured in the confession of faith when it was first sworn; which no reasonable man can believe▪ and which they themselves did allow in many not to abjure when they first swore their Covenant, and to which many Ministers, members of this Assembly, had sworn at their admission into their Benefices, according to the Acts of Parliament, and Acts of general Assembly provided in that case; And so by swearing that these things were abjured in the first confession, they make them profess that they had perjured themselves in taking the other oath of their conformity to these pretended innovations: Upon which rock one Minister of the Assembly finding himself to be set fast, when that Act was voiced unto which declared Episcopal government, and the five Articles of Perth to have been abjured formerly, and so to be for ever removed: Mr. Robert Bailiff voiced thus, Removed but not abjured, to the great scandal of the rest of the Assembly, he being reputed for one of the ablest men in it: But the Act was drawn up in these terms, Abjured and removed, by the voices of all the Assembly, except his alone, who, knowing that all the Acts were particularly to be read and voiced to again, had drawn up a supplication to the Assembly in the name of those Ministers, who before had conformed themselves to the five Articles of Perth, for a mitigation of that Act, at least that it might receive a public hearing and arguing; which the rest having knowledge of, when that Act came to be read and voiced to again, one of the Lords, who was a lay-Elder, persuaded with the Clerk, that in calling the List this Minister his name should be omitted, and so the Act passed without so much as ask of his voice, who had his supplication ready when he should be called upon by his name, but perceiving that the omission of his name was purposely done, he durst stir no more in it, for fear of public envy, and some private mischief which might be done unto him; And yet you must think this was a most godly and free Assembly. Towards the end of their Assembly, they divided themselves into several Committees, which should after their rising see all their Acts put in execution; a thing never heard of before in that Church. The Moderator concluded with thanks to God for their good success, and then to the Nobility and the rest for their great pains, and last of all with a speech to the Earl of Argyle, giving him thanks for his presence and counsel, by which they had been so much strengthened and comforted: The Lord Argyle answered him with a long speech; first, entreating all present not to misconstrue his too late declaring himself for them, protesting that he was always set their way, but had delayed to profess it so long as he found his close carriage might be advantageous to their cause; but now of late, matters had come to such a height, that he found it behoved him to adjoin himself openly to their society, except he should prove a Knave, (this was, as We are informed, his own word): Then he went on and exhorted them all to unity, wishing all, but especially the Ruling-Elders and Ministers, to keep a good correspondence; entreated all the Ministers to consider what had brought the Bishops to ruin, viz. pride and avarice, and therefore willed them to shun these two rocks if they would escape shipwreck. The Lord who delivered this speech, delivered indeed the true meaning and sense of the Covenanters: for it was neither the Bishops bringing in the pretended innovations, nor their suspecting them to be guilty of the odious crimes expressed against them in their Libel, which incensed this and the other Covenanting Lords against the Bishops, but their fear of their daily rising in dignity and place, which in this speech is called pride in them; and their fear that the Bishops might recover out of their hands by law some of the Church lands belonging to their Churches, which in this speech is called avarice in the Bishops. In the mean time, whether it be not pride in these Lords to envy any man's rising in the Church and Commonwealth, according to that worth and sufficiency which his Prince shall find in him, and whether it be not avarice in them not to endure that other men should legally seek to recover their own from them, shall be left to the judgement of the indifferent Reader. But for this revolted Lord who made this speech, and professeth in it, That if he had now not adjoined himself to them, he should have proved a Knave, We can give this testimony of him, That at his last being here with Us in England (at which time We had good reason to misdoubt him) he gave Us assurance that he would rest fully satisfied, if We would perform those things which We have made good by Our last gracious Declaration (in which We have granted more than We did at that time promise) so that We had little reason to expect his adjoining himself to them, who had given Us so great assurance to the contrary, besides that assurance which he gave to Our Commissioner when he was in Scotland. And now if by his own confession he carried things closely for the Covenanters advantage, being then one of the Lords of Our secret Council, and that in the end he must openly join with them or be a Knave; what he hath proved himself to be by this close and false carriage, let the World judge. Our Commissioner, after he had by Our commandment dissolved the Assembly, hearing that they who remained still at Glasgow under the name of an Assembly, went about to put such a sense upon that confession of faith and band annexed, which We lately had commanded to be renewed, as agreed best with those corrupt glosses and false interpretations, which by their own Covenant they had put upon it, as if Episcopal government had now by Our commandment been abjured; and so did begin to magnify Our Covenant, and resolved to declare it to be all one with their own, though they had in their Pulpits called it the depth of Satan, and had assured their followers, that it could not be sworn unto without perjury, and that even after that Act of Council, upon which they did ground their interpretation, he, having perused Our instructions which required him not to suffer the confession of faith to be sworn in any sense, which might not consist with the laws of that Church and Kingdom then in force; thought it convenient to print a Declaration of Our clear meaning and intention in requiring that oath; which, so soon as it was published, made them quite change their minds, and prohibit the subscription to Our Covenant, which they had immediately before so much extolled: Our Commissioners Declaration We have here caused to be reprinted together with their printed answer to it, because We are confident both by Our own judgement, and the judgement of others who have perused them both, that the five reasons contained in Our Commissioners Declaration stand yet unshaken for any thing delivered in their answer unto them; and that as strongly as the Divines of Aberdenes first Queries, Replies and Duplies do. Our Commissioners explanation follows. An Explanation of the Oath and Covenant. WHereas some have given out that by the Act of Council, which explaineth the Confession of Faith lately commanded to be sworn by his Majesty, to be understood of the Confession of Faith, as it was then professed and received, when it was made, and that in that Confession, defence both of the doctrine and discipline then established is sworn, at which time Episcopal government being (as they say) abolished, it must needs follow, that the same government is by this late oath abjured. And understanding that even amongst those who continue together still at Glasgow, under the name of a pretended and unlawful general Assembly, this objection is held to be of some moment, and used by them to the great disturbance of the peace of this Church and Kingdom, and to the great disquieting of the minds of such his Majesty's good subjects as have taken the said Oath, and yet never meaned nor do mean to abjure Episcopal Government; and to persuade others, that if they shall take the same Oath thus explained by the said Act of Council, by so doing they must likewise abjure the said government.. We James marquis of Hamiltoun, his Majesty's High Commissioner, wondering that any such scrupulous misconstruction should be made of his Majesty's gracious and pious intentions, and being desirous to remove all doubts from the minds of his Majesty's good subjects, and to keep them from being poisoned by such as by forced and forged inferences would make them believe, that they had actually by taking that Oath sworn that which neither virtually nor verily they have sworn, or ever intended to swear, or was required by Authority to be sworn by them, either directly or indirectly; considering that all Oaths must be taken according to the mind, intention, and commandment of that Authority which exacteth the Oath; and that we, by special commandment from his sacred Majesty, commanded the said Oath to be administered, we do hereby freely and ingeniously profess and declare our mind and meaning herein, as we have constantly heretofore done since our coming into this Kingdom about this employment; viz. That by any such words or Act of Council we never meaned or intended that Episcopal government should be abjured, nor any thing else which was established by Acts of Parliament, or Acts of the Church of this Kingdom which are now in force, and were so at the time of the taking of the said Oath. Nor indeed could we have any other intention or meaning, being clearly warranted and expressly commanded by his Majesty's instructions, to exact the said Oath, and take order that it should be sworn throughout the Kingdom in that fair and lawful sense, and none other: Neither in this point did we deliver our own words, or his Majesty's mind ambiguously or doubtfully, so as any other sense, to our thinking, could be picked or wrung out of either the one or the other; for we do attest the Lords of the Council, whether we did not to many, or all of them upon several occasions in conference with them ever since our coming into this Kingdom, constantly declare unto them, that his Majesty's resolution was not to suffer Episcopal government to be abolished: We attest all the Lords of Session, whether before our tendering of that Oath to them, or their Lordship's taking of it, we did not fully and freely declare to them, that his Majesty's mind in commanding us to see this Oath taken, and our own mind in requiring them to take it, was only to settle and secure the Religion and Faith professed in this Kingdom, but was not to be extended to the abjuring of Episcopal government, or any other thing now in force by the Laws of this Church and State at the time of administering this Oath, which their Lordships, being the reverend and learned Judges of the Laws, knew well could not be abjured; after which perspicuous predeclaration of our mind, their Lordships undoubtedly in that same sense and none other took the said Oath. And now, good Reader, having heard his Majesty's mind and intention, and in pursuance of them the mind of his Majesty's High Commissioner concerning this Oath, the reasons to repel the former objection seem to be needless (the known mind of the supreme Magistrate who urgeth an Oath, being to be taken for the undoubted sense of it;) yet for as much as that objection hath of late been mainly urged for alienating the minds of many of his Majesty's good subjects, and well affected to that government, from adhering unto it, be pleased to know, that the former objection hath neither show nor force of reason in it, and that by the said Oath and that explanation set down in the Act of Council, Episcopal government neither was, nor possibly could be, abjured, and that for many reasons, but especially these five, which we having seen and approved, have caused to be here inserted, and leave them to thine impartial consideration. First, God forbid it should be imagined that his Majesty should command his subjects to take an Oath which in itself is absolutely unlawful; but for a man to swear against a thing which is established by the Laws of Church and Kingdom in which he liveth (unless that thing be repugnant to the Law of God) is absolutely unlawful, until such time as that Kingdom and Church do first repeal these Laws; and therefore Episcopal government, not being repugnant to the Law of God, nay, being consonant unto it, as being of Apostolical institution (which shall be demonstrated if any man please to argue it) and standding fully established, both by Acts of Parliament, and Acts of general Assembly at the time when this Oath was administered; to abjure it before these Acts be repealed, is absolutely unlawful, and against the word of God: and it is to be hoped no man will conceive that his Majesty meaned to command a thing absolutely unlawful. And if it should be said, as it is said by some, (who not being able to avoid the force of reason, do betake themselves to pitiful shifts and evasions) that these Acts of Parliament and Assembly, establishing Episcopal government, were unlawfully and unduly obtained; certainly if they have any reasons for this their bold assertion, which is of a more dangerous consequence then that it ought to be endured in any well settled Church or Commonwealth; these reasons may be presented lawfully to these judicatories to entreat them to reduce the said's Acts, if there shall be strength and validity found in them: But to hold, that until such time as these judicatories shall repeal the said's Laws, they either aught to be, or can possibly be abjured, is a wicked position, and destructive of the very foundation of justice both in Church and Commonwealth. Secondly, it cannot be imagined that this Oath should oblige the now takers of it farther than it did oblige the takers of it at first: for doctrine and points of faith it did oblige them then, and so doth it us now, perpetually, because these points in themselves are perpetual, immutable, and eternal: But for points of discipline and government, and policy of the Church, that Oath could bind the first takers of it no longer than that discipline and government should stand in force by the Laws of this Church and Kingdom, which our Church in her positive Confession of Faith printed amongst the Acts of Parliament, Artic. 20.21. declareth to be alterable at the will of the Church itself, and so repealable by succeeding Acts, if the C●●rch shall see cause. When a King at his Coronation taketh an Oath to rule according to the Laws of his Kingdom, or a Judge at his admission sweareth to give judgement according to these Laws, the meaning of their Oaths cannot be that they shall rule or judge according to them longer than they continue to be Laws: but if any of them shall come afterwards to be lawfully repealed, both King and Judge are free from ruling and judging according to such of them as are thus lawfully repealed, notwithstanding their original Oath. Since therefore if the first takers of that Oath were now alive, they could not be said to have abjured Episcopal government, which hath been since establshed by Laws of this Church and Kingdom, especially considering that this Church in her Confession holdeth Church government to be alterable at the will of the Church; certainly we repeating but their Oath, cannot be said to abjure that government now, more than they could be said to do it if they were now alive and repeating the same Oath. Thirdly, how can it be thought that the very Act of his Majesty's commanding this Oath should make Episcopal government to be abjured by it, more than the Covenanters requiring it of their associates, in both Covenants the words and syllables of the Confession of Faith being the same? Now it is well known that many were brought in to subscribe their Covenant, by the solemn protestations of the contrivers and urgers of it, that they might subscribe it without abjuring of Episcopacy, and other such things as were established by Law, since the time that this Oath was first invented and made; and the three Ministers in their first answers to the Aberdene Quaeres have fully and clearly expressed themselves to that sense, holding these things for the present not to be abjured, but only referred to the trial of a free general Assembly: And likewise the adherers to the last Protestation against his Majesty's Proclamation, bearing date the ninth of September, in their ninth reason against the subscription urged by his Majesty do plainly aver, that this Oath urged by his Majesty doth oblige the takers of it, to maintain Perth Articles, and to maintain Episcopacy. Why therefore some men swearing the same words and syllables should have their words taken to another sense, and be thought to abjure Episcopal government, more than others who have taken the same oath in the same words, must needs pass the capacity of an ordinary understanding. It is a received maxim, and it cannot be denied, but that oaths ministered unto us must either be refused, or else taken according to the known mind, professed intention, and express command of Authority urging the same: A proposition, not only received in all Schools, but positively set down by the adherers to the said protestation totidem verbis in the place above cited. But it is notoriously known even unto those who subscribed the Confession of Faith by his Majesty's commandment, that his Majesty not only in his Kingdoms of England and Ireland, is a maintainer and upholder of Episcopal government according to the laws of the said Churches and Kingdoms, but that likewaies he is a defender, and intends to continue a defender of the same government in his Kingdom of Scotland, both before the time, and at the time when he urged this oath; as is evident by that which is in my Lord Commissioner his Preface, both concerning his Majesty's instructions to his Grace, and his Graces expressing his Majesty's mind, both to the Lords of Council, and to the Lords of Session; and the same likeways is plainly expressed and acknowledged by the adherers to the said protestation in the place above cited: their words being these; And it is most manifest that his Majesty's mind, intention, and commandment, is no other but that the Confession be sworn, for the maintenance of Religion, as it is already or presently professed (these two being co-incident altogether one and the same, not only in our common form of speaking, but in all his Majesty's Proclamations) and thus as it includeth, and continueth within the compass thereof, the foresaids novations and Episcopacy, which under that name were also ratified in the first Parliament holden by his Majesty. From whence it is plain, that Episcopacy not being taken away or suspended by any of his Majesty's declarations, as these other things were which they call novations; it must needs both in deed, and in the judgement of the said protesters no ways be intended by his Majesty to be abjured by the said oath. Now both the major and that part of the minor which concerneth Episcopal government in the Church of Scotland, being clearly acknowledged by the Protesters; and the other part of the minor concerning that government in his other two Kingdoms being notoriously known, not only to them, but to all others who know his Majesty, how it can be imagined that his Majesty by that oath should command Episcopacy to be abjured, or how could any one to whom his Majesty's mind concerning Episcopal government was known, honestly or safely abjure it, let it be left to the whole world to judge; especially considering that the Protesters themselves in that place above cited, by a dilemma, which we leave to themselves to answer, have averred, that when that Act of Council should come out, yet that it could not be inferred from thence that any such thing was abjured. Fifthly and lastly, If the explanation in that Act of Council be taken in that not only rigid but unreasonable and senseless sense which they urge, yet they can never make it appear, that Episcopal government at the first time of the administering of that oath was abolished: The very words of that Confession of Faith, immediately after the beginning of it, being these, Received, believed, defended by many and sundry notable Kirks and Realms, but chiefly by the Kirk of Scotland, the King's Majesty and three Estates of this Realm, as Gods eternal truth and only ground of our salvation, etc. By which it is evident, that the subscription to this Confession of Faith is to be urged in no other sense then as it was then believed and received by the King's Majesty, and the three Estates of this Realm at that time in being; and it is well known, that at that time Bishops, Abbats and Priors made up a third Estate of this Realm, which gave approbation to this Confession of Faith: and therefore it is not to be conceived, that this third Estate did then abjure Episcopacy, or that Episcopacy was at the first swearing of that Confession abolished. But say that at that time it was abolished by Acts of general Assembly, yet was it not so by any Act of Parliament, nay by many Acts of Parliament it was in force, because none of them was repealed; some whereof are annexed in the sheet immediately after these reasons, which we pray the Reader carefully to peruse and ponder: and at the very time of the taking of this oath and after, Bishops, whose names are well known, were in being. Now it is to be hoped that in a Monarchy, or any other well constituted republic, that damnable Jesuitical position shall never take place, That what is once enacted by a Monarch and his three Estates in Parliament, shall ever be held repealed or repealable by any Ecclesiastical national Synod. By all which it is evident, that the explanation of that Act of Council so groundlessly urged, can induce no man to imagine that by the Confession of Faith lately sworn by his Majesty's commandment, Episcopal government, which then did, and yet doth stand established by Acts of this Church and Kingdom, either was, or possibly could be abjured. And having now (good Reader) heard his Majesty's mind in his instructions to us, our mind in requiring in his Majesty's name this oath to be taken, and these few reasons of many which do evidently evince the inconsequence of that sense, which without any show of inference is put upon it by those who would go on in making men still believe, that all which they do or say is grounded upon Authority, though they themselves do well know the contrary; we suppose that all they who have taken this oath will rest satisfied that they have not abjured Episcopal government; and that they who shall take it, will take it in no other sense. Which timely warning of ours, we are the more willing to give, because we are given to understand, that even they who were wont to call the takers of this oath (notwithstanding of that explanation by act of council) perjured and damned persons, and in their pulpits called the urging of it the depth of sathan, do now mean to take it themselves, and urge others to take it in that sense which they make men believe (though wrongfully) that act of council makes advantageous to their ends. But we do in his Majesty's name require that none presume to take the said oath, unless they be required so to do by such as shall have lawful authority from his Majesty to administer it unto them: being confident, that none either will or can take the said oath or any other oath in any sense, which may not consist with episcopal government, having his Majesty's sense, and so the sense of all lawful authority fully explained to them. HAMILTOUN. THat episcopal jurisdiction was in force by acts of parliament, & no ways abolished nor suppressed in the year 1580. nor at the time of reformation of religion within the realm of Scotland, doth evidently appear by the acts of parliament after mentioned. First by the parliament 1567. cap. 2. whereby at the time of reformation the Pope's authority was abolished, it is enacted by the said act, That no bishop, nor other prelate in this realm, use any jurisdiction in time coming by the bishop of Rome's authority. And by the third act of the same parliament, whereby it is declared, That all acts not agreeing with God's word, and contrary to the confession of faith approved by the estates in that parliament, to have no effect nor strength in time to come. Whereby it is evident, that it was not the reformers intention to suppress episcopacy, but that bishops should not use any jurisdiction by the bishop of Rome his authority; & seeing they did allow episcopacy to continued in the church, that they did not esteem the same contrary to God's word and confession foresaid: as appears more clearly by the sixth act of the said parliament, which is ratified in the parliament 1579. cap. 68 whereby it is declared, That the ministers of the blessed Evangell of jesus Christ, whom God of his mercy hath now raised up amongst us, or hereafter shall raise, agreeing with them that now live in doctrine or administration of the sacraments, and the people of this realm that profess Christ as he is now offered in his Evangel, and do communicate with the holy sacraments, as in the reformed kirks of this realm they are publicly administrate, according to the confession of the faith, to be the only true and holy kirk of jesus Christ within this realm; without any exception by reason of policy and discipline, declaring only such as either gainsay the word of the Evangel according to the heads of the said confession, or refuse the participation of the holy sacraments as they are now ministrate, to be no members of the said kirk so long as they keep themselves so divided from the society of Christ's body. Whereby it is manifest, that it was not the said reformers mind to exclude any from that society by reason of discipline, and that they did not at that time innovate or change any thing in that policy they found in the said kirk before the reformation. This is likewaies evident by the oath to be ministered to the king at his coronation, by the vl act of the said parliament, whereby he is to swear to maintain the true religion of jesus Christ, the preaching of his holy word & due and right ministration of the sacraments now received and preached within this realm, and shall abolish and gainstand all false religion contrary to the same; without swearing to any innovation of policy and discipline of the kirk. Secondly, it doth evidently appear by these subsequent acts of parliament, that by the muncipall law of this realm archbishops and bishops was not only allowed in the kirk, but also had jurisdiction and authority to govern the same. First, by the 24. act of the said parliament, whereby all civil privileges granted by our sovereign Lords predecessors to the spiritual estate of this realm, are ratified in all points after the form & tenor thereof. And by the 35. act of the parliament 1571. whereby all and whatsoever acts and statutes made of before by our sovereign Lord and his predecessors anent the freedom and liberty of the true kirk of God, are ratified and approved. By the 46. act of the parliament 1572. whereby it is declared, that archbishops and bishops have the authority, and are ordained to conveen and deprive all inferior persons being ministers, who shall not subscribe the articles of religion, and give their oath for acknowledging and recognoscing of our sovereign Lord and his authority, and bring a testimonial in writing thereupon within a month after their admission. By the 48. act of the same parliament, whereby it is declared, that archbishops and bishops have authority at their visitations to design ministers gleibes. By the 54. act of the said parliament, whereby archbishops and bishops are authorized to nominate and appoint at their visitations, persons in every parochin for making and setting of the taxation, for upholding and repairing of kirks and kirk-yards, and to convene, try, and censure all persons that shall be found to have applied to their own use the stones, timber, or any thing else pertaining to kirks demolished. By the 55. act of the parliament 1573. whereby archbishops and bishops are authorized to admonish persons married, in case of desertion, to adhere, and in case of disobedience, to direct charges to the minister of the parochin to proceed to the sentence of excommunication. By the 63. act of the parliament 1578. whereby bishops, and where no bishops, are provided, the Commissioner of dioceses, have authority to try the rents of hospitals, and call for the foundations thereof. By the 69. act of the parliament 1579. whereby the jurisdiction of the kirk is declared to stand in preaching the word of jesus Christ, correction of manners, and administration of the holy sacraments; and yet no other authority nor office-bearer allowed and appointed by act of parliament, nor is allowed by the former acts; but archbishops and bishops intended to continue in their authority, as is clear by these acts following. First, by the 71. act of the same parliament, whereby persons returning from their travels are ordained, within the space of twenty days after their return, to pass to the bishop, superintendent, commissioner of the kirks where they arrive and reside, and there offer to make and give a confession of their faith, or then within forty days to remove themselves forth of the realm. By the 99 act of the parliament 1581. whereby the foresaids acts are ratified and approved. By the 130. act of the parliament 1584. whereby it is ordained, that none of his Majesty's lieges and subjects presume or take upon hand to impugn the dignity and authority of the three estates of this kingdom, whereby the honour and authority of the King's Majesties supreme court of parliament, past all memory of man, hath been continued, or to seek or procure the innovation or diminution of the power and authority of the same three estates, or any of them in time coming under the pain of treason. By the 131. act of the same parliament, whereby all judgements & jurisdictions as well in spiritual as temporal causes, in practice & custom, during these twenty four years bypast not approved by his Highness and three Estates in parliament, are discharged: and whereby it is defended, That none of his highness' subjects of whatsoever quality, estate, or function they be of, spiritual or temporal, presume, or take upon hand to convocate, conveen, or assemble themselves together for holding of counsels, conventions, or assemblies, to treat, consult, or determinate in any matter of estate, civil or ecclesiastical (except in the ordinary judgements) without his Majesty's special commandment, or express licence had and obtained to that effect. By the 132. act of the said parliament authorising Bishops to try and judge ministers guilty of crimes meriting deprivation. By the 133. act of the same parliament, ordaining Ministers exercing any office beside their calling to be tried and adjudged culpable by their Ordinaries. By the 23. act of the parliament 1587. whereby all acts made by his highness, or his most noble progenitors anent the Kirk of God, and religion presently professed, are ratified. By the 231. act of the parliament 1597. bearing, That our Sovereign Lord and his highness' estates in parliament, having special consideration of the great privileges and immunities granted by his highness' predecessors to the holy Kirk within this realm, and to the special persons exercing the offices, titles, and dignities of the prelate's within the same. Which persons have ever represented one of the estates of this realm in all conventions of the said estates; and that the said privileges and freedoms have been from time to time renewed and conserved in the same integrity wherein they were at any time before. So that his Majesty acknowledging the same to he fallen now under his Majesty's most favourable protection, therefore his Majesty with consent of the estates declares, that the Kirk within this realm, wherein the true Religion is professed, is the true and holy Kirk: And that such ministers as his Majesty at any time shall please to provide to the office, place, title, and dignity of a Bishop, etc. shall have vote in parliament, sicklike and als freely as any other Ecclesiastical prelate had at any time bygone. And also declares, that all bishoprics vaicking, or that shall vaick, shall be only disponed to actual preachers and ministers in the kirk, or such as shall take upon them to exerce the said function. By the 2. act of the parliament, 1606. whereby the ancient and fundamental policy, consisting in the maintenance of the three estates of parliament, being of late greatly impaired and almost subverted, especially by the indirect abolishing of the Estate of Bishops by the act of annexation: Albeit it was never meaned by his Majesty, nor by his estates, that the said estate of bishops, being a necessary estate of the parliament, should any ways be suppressed; yet by dismembering and abstracting from them of their livings being brought in contempt and poverty, the said estate of bishops is restored, and redintegrate to their ancient and accustomed honour, dignities, prerogatives, privileges, lands, teindes, rents, as the same was in the reformed kirk, most amply and free at any time before the act of annexation; rescinding and annulling all acts of parliament made in prejudice of the said bishops in the premises, or any of them, with all that hath followed, or may follow thereupon, to the effect they may peaceably enjoy the honours, dignities, privileges, and prerogatives competent to them or their estate since the reformation of religion. By the 6. act of the 20. parliament, declaring that archbishops and bishops are redintegrate to their former authority, dignity▪ prerogative, privileges and jurisdictions lawfully pertaining and shall be known to pertain to them, etc. By the 1. act of the parliament 1617. ordaining Archbishops and Bishops to be elected by their Chapters, and no other ways, and consecrate by the rites and order accustomed. This is the Explanation, and now followeth their answer, which shall receive no reply, as being confident that there is nothing in it that hath weakened any thing contained in the five reasons. Only, where there is any new or dangerous position of theirs, or any other thing which may seem with any show fit to be observed, you shall find it noted upon the margin, as it here ensues. AN ANSWER TO THE PROFESSION AND DECLARATION Made by JAMES marquis of HAMILTON, His MAJESTY'S high Commissioner, at Edinburgh, An. 1638. in December. THis ancient Kingdom, although not the most flourishing in the glory and wealth of the World, hath been so largely recompensed with the riches of the Gospel, in the reformation and purity of Religion from the abundant mercy & free grace of our GOD towards us, that all the reformed Kirks about us, 〈…〉 did admire our happiness. And King JAMES himself of happy memory, gloried that he had the honour to be born, and to be a King in the best reformed Kirk in the world. Those blessings of pure doctrine, Christian government, and right frame of discipline we long enjoyed, as they were prescribed by GOD'S own word; who as the great Master of his family, left most perfect directions for his own economy, and the whole officers of his house: till the Prelates, without calling from GOD, or warrant from his word, did ingire themselves by their craft and violence upon the house of GOD. Their crafty entry at the beginning was disguised under many cautions and caveats, which they never observed, and have professed since, they never intended to observe, though they were sworn thereto. Their ways of promoving their course were subtle and cunning: as in abstracting the registers of the Kirk, wherein their government was condemned; in impeding yearly general Assemblies, whereunto they were subject and comptable, and generally in enfeebling the power of the Kirk, and establishing the same totally in their own persons: whereby in a short time they made such progress, that being invested in the prime places of estate, and arming themselves with the boundless power of the high Commission, they made themselves lords over GOD'S inheritance: and out of their greatness, without any show of order or Council, without advice of the Kirk, but at their own pleasure enterprised to alter and subvert the former doctrine and discipline of this Kirk, and introduce many fearful corruptions and innovations, to the utter overthrow of Religion; and to make us no less miserable than we were happy before. These pressing grievances did at length awake the good Subjects to petition his Majesty and his Council for redress. And albeit at last, after many reiterated supplications and long attendance, his Majesty hath been graciously pleased to grant a free general Assembly; yet in the beginning by the credit of the Prelates, and their commodity of access, his Royal ear was long stopped to our cries, and we discharged under the pain of treason to meet for making any more remonstrances of our just desires. In this distress none other mean, nor hope of redress being left, we had our recourse to GOD, who hath the hearts of all Kings and Rulers in his hand; and therefore taking to our heart, that GOD had justly punished us, for the breach of that national Covenant, made with GOD, in Anno 1580. We thought fit to reconcile ourselves to him again, by renewing the same Covenant. And so, in obedience to his * There is no divine commandment in Scripture, nor example of the Christian Church for subscribing any confession without the consent of the supreme Magistrate if he be a Christian. divine Commandment, conform to the practice of the godly in former times, and according to the laudable example of our religious progenitors, warranted by acts of Council, we again renewed our confession of Faith of this Kirk and Kingdom, as a real testimony of our fidelity to GOD, in bearing witness to the truth of that Religion whereunto we were sworn to adhere in Doctrine and Discipline, of our loyalty to our Sovereign, and mutual union among ourselves in that cause. Which Confession, with a sensible demonstration of GOD'S blessing from heaven, was solemnly sworn and subscribed, by persons of all ranks, throughout this Kirk and Kingdom, with a necessary explanation and application for excluding the innovations and corruptions introduced in the Religion, and government of this Kirk, since the year 1580. that so our oath to GOD might be clear for maintenance of the doctrine and discipline then professed and established, and according to the meaning of that time. The happy effects of this our resolution and doing, have been wonderful: And since that time GOD'S powerful hand in the conduct of this business hath evidently appeared. For after some time, upon the continuance of our groans and supplications, our gracious Sovereign was pleased to send into this Kingdom, The noble Lord JAMES Marquis of Hamiltoun, etc. with commission to hear and redress our heavy grievances: who after many voyages to his Majesty, and long conferences and treating with us, needless to be related in this place, did in end, by commandment from his Majesty, indict a free general Assembly to be holden at Glasgow the twenty one of November last, and proclaimed a Parliament to be holden at Edinburgh the fifteenth of May next to come, for settling a perfect peace in this Kirk and Kingdom: And further to give full assurance to the Subjects, that his Majesty did never intend to admit any change or alteration in the true religion, already established and professed in this Kingdom: And that all his good people might be fully and clearly satisfied of the reality of his royal intentions for the maintenance of the truth and integrity of the said Religion, his Majesty did enjoin and command all the Lords of his privy Council, Senators of the College of Justice, and all other Subjects whatsoever, to renew and subscribe the confession of Faith formerly subscribed by King JAMES of blessed memory and his household in Anno 1580. and thereafter by persons of all ranks, in Anno 1581. by ordinance of the Council, and acts of the general Assembly, and again subscribed by all sorts of persons in Anno 1590. by a new ordinance of Council, at the desire of the general Assembly, with a band for maintenance of the true Religion, the King's person, and each of other in that cause: as the Proclamation of indiction, being dated at oatland's, the 9 of September, published at the Mercat cross of Edinburgh, the 22. of the said month, more fully proporteth. Upon the hearing of which Proclamation, These who were attending at Edinburgh, and expecting a gracious answer of our former desires, as out of bounden duty they did with all thankfulness acknowledge his Majesty's gracious favour: So out of zeal to GOD and Religion, they did protest, that they who had by the late Covenant and Confession condescended more specially to the innovations and errors of the time, could not after so solemn a specification, return to an implicit and more general confession enjoined, conform to a mandat, apparently discrepant from the genuine meaning of the confession, and wanting both explication and application, and did most humbly and earnestly desire the Lords of his Majesty's Council; that they would not, in regard of the former reasons, press upon the Subjects the subscription of this Covenant, but that they might be pleased to forbear their own subscribing of it, in respect of the inconveniences might result upon their subscribing thereof, in an ambiguous sense; but their Lordships not having subscribed that confession, containing our former explanation, and being required by his Majesty's Commissioner, to subscribe the Confession, as it was drawn up, and presented to them, without our explanation, with a general band for maintenance of the Religion in Doctrine and Discipline now presently professed, and of his Majesty's person, lest these words (now presently) repeated in this year 1638. should infer any approbation of these innovations, introduced since the year 1580. whereof many did justly complain, after deliberation for removing of this scruple and prejudice, and clearing of their own meaning; they caused make an act of Council that their swearing and subscribing of the confession of Faith was according to the tenor and date the second of March 1580. according as it was then professed within this Kingdom: whereupon they rested satisfied, being confident that the general Assembly then indicted, would remove any doubt and differ which might arise anent the meaning and interpretation of the confession of Faith, and clear what was professed in the year 1580. Yet some having subscribed that Covenant in different senses, others forbearing to subscribe the same, as some of the Lords of Session, till the Assembly should declare the genuine and true meaning of the Confession, upon whose interpretation, as of the only competent Judge, they might acquiesce, and rest satisfied: which now after accurate trial of the acts of general Assemblies, and mature deliberation, is fully cleared, and explained in this last general Assembly by GOD'S mercy, and his Majesty's gracious favour of indiction, holden at Glasgow: as the act made thereupon doth proport: whereby Episcopal government, 'mongst many other innovations is found upon undeniable evidences of truth and declared to be condemned and abjured in this Kirk, in Anno 1580. There is notwithstanding published in name of his Majesty's Commissioner a declaration, tending to dissuade his Majesty's Subjects from receiving the explanation of the confession made by this Assembly, and affirming that the confession subscribed by the Council, doth no ways exclude Episcopal government, nor any thing else established by laws standing in force, the time of the taking of the said oath, the ninth of September last; notwithstanding the foresaid act of Assembly, which as the decree of our mother Kirk ought to be received and reverenced by all her children, and act of Council, whereof the words are so clear, as they cannot admit any mental reservation, which is acknowledged by such of the Councillors then present and subscribers, whose hearts GOD hath touched, to make the sense of their oath to GOD, preponder with them above all other worldly respects and fears. THis declaration containeth five arguments, with a boundle of acts of Parliament, quotted and drawn up by some persons, whom we know not; but seen and approven by the Commissioner: whereby his Grace indevoureth to evince his conclusion, that Episcopal government was not abjured by the Council, nor the Covenant 1580. Which is so repugnant to the acts of the Kirk; The act of Council, and all reason, that we are confident, the same will make no impression in the judgement of any well affected Christian, as shall be evident by our following answers, which we offer to the reader's consideration, after he hath first expended these generals. Four general considerations of the Declaration. 1. This Declaration is only made by his Majesty's Commissioner, * The Lords of Council did take and were to take this oath as well as any other in the known sense of us who commanded it, and therefore any Act of Council for their explanation was unnecessary, and it is unjustly affirmed that this Declaration or explanation was made by Our Commissioner, for it was made by Us, but published by him at Our Commandment, as is plainly expressed in the title of it. and not by the Lords of secret Council, who should be fittest Interpreters of their own act, and whose act should be the ample expression of their meaning, else acts of Council, by possibility of admitting the variable commentary of intentions, will loss all force & vigour in themselves. And yet it is evident that the Councillors have not only actually sworn to maintain the Religion & Discipline established in Anno 1580. When Episcopacy was condemned; but likewise intended to do so: because they have distinguished and opposed between the Religion presently professed, 1638. mentioned in the Proclamation, and the Religion professed in Anno 1580. mentioned in their act; and by that opposition of now and then, they reject the one, and swear the other: otherwise they needed no declaration: which notwithstanding accompanies their subscriptions, and is acknowledged by the Commissioner in the second line, to be an act explaining the Confession, for obedience whereof all those who have subscribed that Covenant, have done the same. 2. Albeit his Majesty did not conceive any difference between the Religion, Doctrine and Discipline now professed, from that which was in Anno 1580. (wherewith his Majesty can hardly be acquainted, without perusing the records of Assemblies) yet his Majesty's Real intention was to maintain the confession of Faith professed in Anno 1580. because his Royal design by that commandment was to maintain true Christian Religion in purity (whereunto Episcopacy by this Kirk was ever judged and condemned as prejudicial) and to remove the fears of his Majesty's good Subjects, complaining of bygone innovations, and apprehending greater changes: which ends are only obtained by subscription of the Confession as it was Anno 1580. And no wise by maintaining the Religion now presently professed; because the corruptions now presently received in this Kirk, are the grounds of our just complaints, as being * But when shall they be proved to be contrary to the word of God? contrary to the word of God, and foresaid confession in Anno 1580. 3. We must distinguish between oaths, tendered by the first framers of the Confession, * They themselves do know that this Confession was not framed at first by the Church as the positive Confession was, but by one Master john Crage, and commanded by the Authority of our Royal Father, he did advise with the Church concerning it, but they received it from him, not he from them. the whole Kirk, who have power to interpret and explain the same, and oaths required, to be renewed by the supreme Magistrate the King's Majesty, who as custos utriusque tabulae, and a true * That the supreme Magistrate should as the Son of the Church only receive the meaning of the Church, and cause it to be received by his subjects, is not only the Jesuitical tenet, but their very words and syllables, and as they are alleged here very false, for the greatest part of this confession containeth not matters of faith, but of government, discipline and ceremonies: besides this confession was first enjoined by Our Royal Father and his Council before it was approved by the Church: how then Our Royal father, if he were now living, should receive the meaning of it from the Church after he had subscribed it, and commanded his household to do so; or we should now receive the meaning of it from the general Assembly after it was subscribed by Our commandment, we cannot apprehend. Son of the Kirk, aught to receive the true meaning of the Kirk, and cause it to be received of those whom God hath subjected to him. And we are confident that his Majesty, in his just and pious disposition, will never take away the benefit of that holy national oath, and confession of Faith subscribed by his Majesty's Father of blessed memory 1580. and now lately renewed again, & solemnly sworn by the Subjects of this Kingdom, upon the pretence of any intentions repugnant to the true sense of that confession: which even as it is subscribed by the Council, doth never import that his Majesty was framing or administering any new confession or oath, but only enjoining to renew the old confession 1580. and therefore unquestionably should be taken in the true meaning of that time. Fourthly, if there were any real opposition betwixt his Majesty's Proclamation and the act of explanation made by his Majesty's Commissioner and Council, * Nay the first should be preferred: for if our Commissioner and Council had explained it contrary to Our meaning, Our declaration coming after should be preferred to their misinterpretation. Yet the last must be observed and preferred before the first, because the first is his private will, the second his public, and judicial will. Et posterior derogat priori, publica privatae. And albeit we do not now express that the Council did subscribe the confession of Faith in obedience to a mandat, where there was any contrariety, repugnancy, or ambiguity betwixt the mandat and the Confession itself, which was commanded, yet the Council making an act that they did subscribe it as it was professed 1580. and declaring publicly that this was their own meaning, both they and such of his Majesty's liedges, who did subscribe in obedience of their charge, are obliged to observe r●m juratam, and the real matter of the oath (more than the mind and mandat of the prescriver) especially seeing it is no new Confession, but the renewed Confession of the whole Kirk of Scotland; The meaning whereof cannot be declared nor interpret by any, but the whole Kirk of Scotland who now upon unanswerable reasons, have clearly found that Episcopal government, was then abolished and abjured: It followeth by good consequence, that the Council did both virtually and verily swear, yea intent to swear the abjuration of Episcopacy, which is found by that confession 1580. and the discipline of the Kirk then established, to be a corrupt government in this Kirk, of human invention, wanting warrant from the word of God, tending to the overthrow of this Kirk: So that any declaration in the contrary hereof is protestatio contraria facto, and the reasons thereof cannot be forceable, to brangle the resolution of any judicious well affected Christian, if he will patiently read and ponder, without preoccupation, these following answers to the five reasons insert in that declaration. The first aleadged reason is this, that his Majesty could not command an oath absolutely unlawful: Answer to the first reason. but it is absolutely unlawful to swear against any thing established by the Laws of the Kirk and Kingdom, if the same be not repugnant to the word of God or repealed by posteriour laws. * The last part of the first reason is quite omitted, though in it lieth the principal explication of this first reason. To this we answer, First. The King's Majesty by commanding his subjects to renew the confession of Faith for maintaning the doctrine & discipline professed in anno 1580. hath commanded them to abjure whatsoever is found by the competent Judge to be introduced since that time repugnant thereto, albeit by the corruption of times it were countenanced with some law interveening. Secondly, the Lords of Council and Session and other Subjects have subscribed the confession of Faith as it was 1580. not only without any restriction of it to the present laws, but in a direct opposition to what is presently established by returning from the present corruptions in the profession, tanquam termino a quo, to the profession 1580. tamquam terminum ad quem: which a * How many of them have determined so? they know that they are not comparable in number to those who have determined the contrary. great part of Counsellors and other Subjects have declared to be their meaning. Thirdly, Episcopacy is found by the Kirk of Scotland in many Assemblies to be an office unwarranted by the word of God, unlawful and repugnant thereto: so that the abjuration thereof in this Kirk is lawful and necessare. Fourthly, Episcopacy was never * Most false. restored by any Assembly of this Kirk, nor these Assemblies wherein it was condemned, repealed, without the which the same could not be established by a Parliament, whose power doth no more reach to the placing officers originally in the Kirk, than the Kirks power to the making states men in the commonwealth. Fifthly, the laws which any ways contribute to the introduction of Episcopacy, do only extend to civil privileges, and were always protested against by the Kirk, as contrary to the national Covenant of this land. Sixthly, if any Assembly can be pretended to countenance Episcopacy or other corruptions, it sufficeth to say that the same with all the acts thereof is declared to have been nul and void ab initio for undeniable reasons, as the act at more length proports. Seventhly, the breach of our national Covenant by introduction of corruptions thereby abolished, hath undoubtedly in high measure offended God: and therefore at the renovation of that Covenant again with God, we ought not only to abjure all these innovations, but hereafter should be careful not to be relapse in our offence. Eightly, in no Covenant Episcopacy is expressly or specifice abjured, before all Ecclesiastical laws favouring the same was repealed, & declared null, but only virtually and generally, as being formerly abjured in anno 1580. And as the trial hereof was referred to the Assembly, as the only Judge competent, so now when the Assembly hath declared & found Presbyterial government to have been approved, & Episcopal government condemned, abolished and abjured in anno 1580. and in lieu of perceiving that Episcopacy is of an Apostolic institution, have clearly seen that it is justly condemned in our Kirk, as the invention of man wanting warrant or fundament in the word of God, tending to the overthrow of this Kirk, Therefore albeit Episcopacy had been abjured expressly in the renovation of this Confession commanded by his Majesty, it was not unlawful, but most necessary and incumbent to us all, who are tied by that national Covenant against that unlawful hierarchical government, albeit we had never renewed the same: But we are falsely calumniat to have condemned the name of a Bishop, even as it is used in Scripture, which the act of Assembly itself, sufficiently refutes, by allowing S. Paul's Bishop's towit Pastors of a particular flock, and condemning only all other Bishops brought in without the warrant of Scripture. Answer to the second reason. The second reason in the Declaration is, that the oath for preserving the discipline and government of the Kirk, cannot oblige after the alteration & change of that discipline & government: and seeing the Discipline and government of the Kirk is not only alterable, but changed in this Kirk, we are not tied by that oath, after the alteration. Whereunto we answer, first, that it is true, that policy and order in ceremonies is temporary and may be changed, as is meaned in that article of the Confession cited in the declaration: But a Bishop, or his office, or the government of God's house cannot be called a ceremony, nay, they will be loath to be vilified by that appellation: but if it be a ceremony, they are of no Apostolic constitution, as is mentioned in the first reason: so that if they be lawful governor's in God's house, warranted by his word, they are not alterable: and so this second reason militats not for them, if their office be changeable, and accounted among alterable ceremonies: they are well exploded from our Kirk; & may be so by that second reason of the declaration. 2. One cause of general Counsels is, for constituting a good order and policy in ceremonies: which is grounded upon the last verse of the 14. Chap. to the 1. Corinth. willing that all things be done decently and in order, wherein the Lord giveth not power to institute new officers in his Kirk, but commandeth his own officers to exerce their functions by his commandments without indecency, or confusion, in the variable circumstances thereof, to be determined according to the present occasions of edification, 3. In the 15. Chap. of the same confession of Faith, all men's inventions in matters of Religion are condemned; And in the 19 Chap. Ecclesiastical discipline uprightly ministered as God's word prescribeth. Matth. 18. 1. Cor. 5. is set down as the third essential and unchangeable mark of the true Kirk of God; and so is not of that nature with temporary, changeable ceremonies; though unwarrantably ranked with them in the declaration. 4. It is evident at our first reformation what policy was perpetual, and what ceremonies changeable, for in the first book of Policy compiled that same year with the Confession, 9 head is expressed a twofold policy of the Kirke; The one absolutely necessary in all Kirks, the other not necessary, but changeable; such as, what day of the week sermon should be, and the like; whereof they established no order, but permitted every particular Kirk to appoint their own policy, as they thought most expedient for edification; if parity of reason will make Episcopacy of this nature, let all men judge. 5. Our confession speaketh of an order in ceremonies; which cannot be appointed for all ages, as is before said. But when they speak of the office-bearers in the Kirk, they acknowledge according to the truth, that Christ himself appointed an ordinare constant government of his Kirk by his four ordinar office-bearers, The Pastor, Elder, Doctor, & Deacon, to administrat the same perpetually; as is set down in the first book of Discipline, and in the treatise before the Psalms, which was drawn up at that same time, and allowed by the same persons. Like as in the year of God, 1560. when that confession was made, & in the year 1567. when it was ratified, and by continual acts of Assembly, and by the second book of Discipline; The government of Christ's Kirk by these four ordinary office-bearers, is set down as founded only upon the Word of God, as constant unchangeable, and perpetual; and as that holy discipline without which Gods word cannot be preserved; so that the intruding of any other officer in God's house was accounted an offence against the Lord of the house. 6. By our oath, we are obliged to continue in obedience of discipline as well as doctrine, because they are both grounded on the Word of God, without the warrant whereof, all traditions that are brought in are abjured, and the discipline of the Kirk of Scotland is set down in the book of policy, as grounded on God's word & commanded to continue to the world's end, whereunto we have sworn, and cannot without perjury to God, gainsay it, like as the Assembly ordains the discipline of the Kirk to be subscribed as such, and the act of Parliament 1592. Ratifieth the discipline of the Kirk, as a privilege granted by God, whereinto the King's prerogative cannot be prejudicial. 7. It carrieth no show of argument or face of probability, that the Kirk and reformers of Religion which condemneth all other ordinar officers in the Kirk, but these four appointed by Christ, did mean under the name of variable ceremonies, to comprehend and admit Episcopacy, which frequently they condemn, as an invention of man, without the warrant of God's word, tending to the overthrow of the Kirk and purity of Religion. 8. * Because in the XXI. Article cited, the word Ceremony is used, therefore they would infer that this reason supposeth Episcopal government to be but a ceremony: But weakly, for the reason consisteth in the word policy which they take no notice of, and Episcopal government being a part of Ecclesiastical policy, they hold the one alterable, (as all they do who adhere to that XXI. article) must needs hold the other so too: nor can it be inferred from any thing in this reason that Episcopal government is maintained by it to be alterable, but that they themselves, and that XXI. article do hold it to be so. The Prelates themselves will not grant Episcopacy to be reckoned in the orders of ceremonies, which cannot be unchangeably constitute for all ages, times and places, but are temporal as devised by man; and so changeable, when they rather foster superstition then edify the Kirk, but herein they will disclaim the benefit of this second reason, and undoubtedly affirm, that Episcopal government, not only may be, but should be, and was appointed for all ages, times, & places; & that it is not the devise of man temporal & changeable, but deriveth its extraction from divine Apostolic, at the least Ecclesiastical, perpetual and necessary institution, as is averred in the first reason; and so should ever be unchangeable. 9 This Kirk hath ever condemned all such as held the discipline, and policy thereof, to be indifferent and changeable; & in particular in An. 1581. which is the year of the subscription of the confession of Faith, and book of policy, Mr. Robert Montgomery is accused and condemned for that doctrine. 10. In the Assembly 1596. upon the King's Majesty's proposition, and demand that it might be lawful for him to reason or move doubts, in any point of the external policy, government, or discipline of the Kirk, which are not answered, affirmative or negative in the Scripture. The Assembly concluded, that it might be lawful for his Majesty, or his Commissioner, to propone any point to the general Assembly in matters of external government, alterable, according to the circumstances, providing it be done in right time and place, Animo aedificandi, non tentandi: But as for the essential discipline, in the book of Policy: * The Assembly desired it, but did ever Our Royal Father do so? The same Assembly desireth the King's Majesty to declare before his Estates, that he never intended to prejudge the same. 11. Albeit it were granted that discipline were changeable, yet now seeing by the King's Majesties own consent, we have sworn to maintain the discipline of the Kirk of Scotland, as it was 1580. we are obliged strictly, interposito juramento, to abide by that discipline specificè: at least till it be lawfully changed by the Kirk of Scotland, in her free general Assembly, which can never be presupponed: because in rei veritate, the Discipline, as well as the doctrine, is acknowledged and sworn to, as unchangeable, wherein we must continue all the days of our life: and defend the same according to our power, under the penalty of procuring deservedly upon ourselves, all the curses contained in God's Word. 12. The doctrine of the Kirk of Scotland, condemned Episcopal, and reestablished Presbyterial government perpetually: which we have acknowledged by joining ourselves in the assertory part of our oath, unto the Kirk of Scotland in doctrine as well as in discipline, and in the promissory part thereof by swearing to continue in the obedience of the Discipline, as well as Doctrine: to show that Discipline as well as Doctrine, is not variable, nor so sworn to by us: but as an immutable law and constitution, which we are obliged to maintain perpetually. Answer to the third reason. The third reason is that we who subscribed the Covenant, acknowledged that Episcopacy was not abjured thereby, which is qualified by two instances. First that the Ministers in their answers to the Quaeres of Aberdeine, expressed themselves in that sense, holding these things for the present not to be abjured, but only to be referred to the trial of a free general Assembly. Next, that it is averred in our last reasons against the subscription urged by his Majesty, that this oath, required by his Majesty, doth oblige the takers of it, to maintain Perth articles, and Episcopacy. This needeth no answer if the preceding narration, and the whole passages of the business were considered and known; for in the application of our Covenant, we did not expressly & specificè, abjure Episcopacy, but only generally and virtually, by abjuring whatsoever was abjured in the Confession, 1580. which we found to be a strong band, lying upon us to bind us straight to the obedience of the discipline then established: wherein because there had intervened some alterations, we permitted justly the trial thereof to the Kirk, whether Episcopacy, Perth articles, and other innovations were not condemned and abjured by the said oath, which now the Assembly after careful search and examination of the records have clearly found. This is the true meaning and substance of the answer made to the Quaeres of Aberdeine, and aught also to be the ingenuous meaning of the Counsellors, who by their act declared they subscribed the Confession 1580. as it was then professed: which is consonant to our general application, and which being now declared by their mother Kirk, they ought to reverence and obey, and not upon light and subtle pretences to neglect and contemn. 2. For the second instance: It is true that when the Council was urged to subscribe the Confession, 1580. conform to the warrants bearing (that they should maintain the Religion now presently professed) we justly feared, that the same being subscribed in 1638. would comprehend Episcopacy, Perth articles, and all other corruptions introduced since 1580. And therefore both in our written reasons against that subscription, and in our speeches at the Council table, and to sundry Counsellors in private, we dehorted them upon that reason from that subscription: which was the true cause why the Council being convinced with that reason, made their explanatory act, declaring that they subscribed the Confession according to the meaning 1580. and as it was then professed, for removing of that doubt. 3. * We defy any man living to produce from any Jesuit or the greatest patron of equivocation yet ever heard of, such a wicked position as this, that the swearer is neither bound to the meaning of the exacter of the oath, nor to his own meaning who takes the oath, but to the reality of the thing sworn, as it shall be afterward explicated by the competent Judge: For than no man can tell what he sweareth, when he sweareth; if the declaration of the competent Judge shall come after, it were to be wished that he who set down this proposition, had set his hand to it, that the world might take notice of him for an ignorant fool and an errand knave: In the mean time, till johnston find out another, he must be taken for the man, because his hand is at this foolish Pamphlet. Albeit by the meaning of the prescriver of an oath, the swearer were tacitly bound to maintain Episcopacy, Five Articles of Perth, and suchlike, yet according to the premitted considerations, he is more oblished to the reality rei juratae, which is now declared and found to abjure Episcopacy, etc. Nor to the meaning of the prescriver or his own either, being contrary to the explanation of the sovereign Judge competent. The fourth reason is Syllogistically urged thus: Answer to the fourth reason. It cannot be denied but that oaths ministered unto us, must either be refused or else taken, according to the known mind, professed intention, and express command of authority urging the same. But it is notoriously known, that his Majesty, not only in his Kingdoms of England and Ireland, is a maintainer of Episcopal government, but likewise is a defender, and minds to continue a defender thereof in his Kingdom of Scotland. And therefore the oath being taken, and not refused, must be sworn conform to his Majesty's known meaning. The minor is confirmed from our own Assertions. To this it is answered first, that in contradictory oaths, * This is directly contrary to the words of their own protestation against Our Proclamation, dated the ninth of September: see their ninth Reason in that Protestation against the subscription to our Covenant, and you shall find it flatly contradictory to this which they affirm now. the swearer is more obliged to the true meaning of the oath, clearly expressed therein, then either to his own meaning, or any sense of the prescriver, being contrary thereunto. Especially in this case, where there is no new oath which may receive any new meaning, but the renovation of the old oath, which can admit no new destructive sense: but must be sworn conform to the genuine original first meaning. 2. That oath was justly refused by us upon that ground of discrepance amongst many others; and such like, was not received by the Council, till they declared their meaning by act simul & semel with their subscription. 3. We do not meddle with the Kirks of England or Ireland, * They do not meddle with the Church of England, but yet in all their Writings declare that the government of the Church of England is against the Word of God; and the pattern showed in the Mount: and that their new fancied government, contained in their imaginary books of discipline, is only according unto it. but recommends to them the pattern shown in the Mount: all our arguments and proceedings being for the Kirk of Scotland, where, from the time of her more pure reformation then of her sister Kirks, Episcopacy hath ever been abolished, till the latter times of corruption. So that though his Majesty hath hitherto maintained Episcopacy in Scotland, because his Majesty wanted the means to be informed of the acts of this Kirk, yet we know that God hath so richly replenished his Royal breast, with such justice and piety, that when his Majesty shall receive perfect information, we are confident that He will never desire any change or alteration in our ancient Kirk government and discipline. Especially now when his Majesty hath caused the maintenance thereof to be religiously sworn. The fifth and last reason is, that we can never make it appear, that Episcopal government, Answer to the fifth reason. at the first time of administering the oath was abolished; the very words of that confession of Faith, immediately after the beginning of it being these: Received, believed, and defended by many and sundry notable Kirks and Realms, but chiefly by the Kirk of Scotland, the King's Majesty, and three Estates of this Realm, as Gods eternal truth, and only ground of our salvation. Whereupon is inferred that Bishops, Abbots and Pryors, made up, at that time a third Estate of this Realm, which gave approbation to the confession of Faith: and therefore this third Estate did not abjure Episcopacy. And albeit it had been abolished by acts of Assembly, yet it was not so by act of Parliament, but in force by many of them standing unrepealed, which are annexed to the reasons. Which being the acts of a Monarch, & his three Estates, are never repealable by any Ecclesiastical national Synod. For answer hereunto, 1. It doth appear and is manifest by the Registers and acts of Assembly, that before the subscription of the Confession at the time thereof, and thereafter: That Abbots, Priors, and Bishops were so clearly, evidently, and expressly condemned in this Kirk, That the best wits of this age opposers of Episcopacy cannot yet require one syllable to be added for farther assurance, and the most able maintainers thereof could not pick any quarrel to the clearness of the expression. 2. The clause citted in the reason, is only anent the doctrine, and not anent the discipline, which thereafter is determined and the Hierarchy detested: And the Discipline of the Kirk sworn unto. 3. Albeit that clause were of discipline, yet it maketh nothing for Bishops except by inference, that they are comprehended under the name of the third estate: which cannot be so understood, for collections by way of inference or ex consequenti, cannot be adduced against the express acts of the time: wherein the makers signify their minds in clear terms▪ & apertissime dicendo, leaveth no place to presume the contrary: especially in this kingdom, where these expressions of stylus curiae are carefully observed without change: which may be seen in the same case by many Parliaments: where it is * But it is most notorious that at those Parliaments which were holden when the confession of faith was first sworn unto, Bishops had voices and were present, and so then Episcopal government could not be abjured, for proof whereof We refer the reader to the Parliament Roll inserted at the end of this answer. not our that no Prelate was present, or allowed: and yet the acts proporting to be made by his Majesty and three Estates are interpreted by the quoter as made by the Prelates with others. 4. Episcopacy was abolished not only by acts of Assembly, but there is no standing laws for Episcopal government, but some against the same, as shall be evident in the answer made to the acts of Parliament, subjoined hereto: but if there be any Acts of Parliament standing for Episcopacy, the King's Majesty; his Commissioner, the Council, the Collective-body of the Kingdom, hath actually renunced the same by returning to the doctrine and discipline, 1580. whereunto Episcopacy is contrary: which God-willing may also be enacted at the next Parliament, proclaimed to be holden by his Majesty in May 5. The acts of the Assembly, and the book of Policy in the 1. and 10. chapter, putteth clear merches betwixt civil and Ecclesiastical jurisdiction; making every one independent in matters properly belonging to their own judicatory, and every one subject to the other in matters properly belonging to that other. * Let any kingdom which is acquainted with Parliaments consisting of a Monarch and his three estates, digest this proposition, and then the Parliament can be no more the highest Court of the Kingdom. So that as the Assembly cannot make civil laws nor repeal them, nor imped the Parliament from making or repealing civil laws, no more can the Parliament make Ecclesiastical laws originally, nor repeal, or hinder the lawful Assemblies to repeal the same. For albeit acts of the Assembly are, and may be ratified in Parliament, that is, only that the civil sanction may concur with the Ecclesiastical constitution: But will not stop the Assembly to recall their own act: which being anulled by them, the * A most false position: As if the convocation in England, or the general Assembly in Scotland had power to reconcile the two kingdoms to the Church of Rome, to reduce Popery into them, and to restore to the Church all the Abbey lands, notwithstanding many Acts of Parliaments in both kingdoms to the contrary. civil ratification and sanction falls ex consequenti. For to maintain that the Kirk may not repeal her own acts, ratified once in Parliament, is so derogatory to Christ's prerogative and ordinance, to the liberty of the Kirk, and freedom of the Assembly, to the nature, end, and reason of all Ecclesiastical jurisdiction, as we have more largely cleared in the Protestation 22 September last) that we believe few or none will be of that opinion. All these Five objections and many more was agitate and discussed in the Assembly, before the act anent Episcopacy was made. And seeing the general Assembly of the Kirk of Scotland, Conclusion. indicted by his Majesty now holden at Glasgow, which is the only Judge competent and fit interpreter to remove and explain all doubts, arising upon the confession of Faith, hath after long, religious and mature declaration, exponed the same, and clearly found that Episcopal government in this Kirk, amongst other corruptions, is abjured by the confession of Faith, as the same was professed within this Kingdom, hath discharged all subscription to the Covenant, subscribed and interpreted by his Majesty's Commissioner, hath commanded the Covenant subscribed in Februare with the application to be now subscribed according to her present determination: therefore we trust that the knowledge hereof, will be a sufficient warning to all good Christians and Patriots, that they subscribe not the one, and that they subscribe the other, according to the genuine and true meaning thereof, declared by the Kirk allennerly, and of no contrary incompatible sense, as they would eshew the crime and danger of a contradictory oath, and we would most humbly and earnestly beg of his Sacred Majesty, from the bottom of our hearts, that his Majesty would be graciously pleased to command, that the same may be so subscribed, conform to the declared explanation of the Kirk; which would prove the greatest happiness and joy that ever befell these disconsolated Subjects of this nation, who (though unjustly branded with many calumnies) yet never have, nor ever shall swerve from our loyalty due to the Lords anointed: But would readily embrace any occasion to employ our lives and fortunes for his Majesty's service and honour: who (we heartily pray God) may long and happily ring over us. Anent acts of Parliament. * For the cavils here made against the Acts of Parliament, cited in the explanation, they will be sufficiently confuted, if the reader will take the pains to read the acts; for than he shall easily discover that these exceptions are not only weak, but none at all. There is annexed to this Declaration a quotation of sundry acts of Parliament, to prove that Episcopal government was not abolished in the year 1580. whereunto albeit there is no necessity of answer, seeing the meaning of the Kirk of Scotland in her Confession of Faith is only to be sought from herself, and the registers of her Assemblies, and not from the Parliament, yet the same shall be specially answered in the order that they are alleged: after these two generals are offered to the Reader his consideration. 1. After the reformation of this Kingdom, the Kirk was still wrestling against all corruptions, and especially against Episcopacy. But though they clearly and frequently condemned the same, yet the power of the enemies of reformation withstood them long: so that her own policy could not be obtained ratified expressly & specifice in Parliament, till the year of God 1592. which abrogateth all those proceeding acts, alleged in the contrary. 2. That acts of Parliament can no more make Ecclesiastical offices, nor give Ecclesiastical privileges, nor the acts of Assembly can establish civil offices of Estate, or grant to them civil privileges; each judicatory being properly confined within their own spheres. But before the acts of Parliament be particularly marked and cited, Answer to the acts 1567. there be two reasons prefixed: the one taken from some acts of Parliament 1567. cap. 2.3.6. and cap. 68 Par. 1579. The other from the oath ministered to the King, at his coronation, for the act of Parliament 1567. Bearing that no Bishop nor other Prelate in this Realm, use any jurisdiction in time coming by the Bishop of Rome's authority, It is evident hereby that Episcopacy is altogether condemned, as all other Prelacy was: for before that time they had no jurisdiction but from the Pope: and therefore being discharged to execute that; they are discharged by the act to execute any at all. That this is the true meaning and scope of that act is manifest: because the Kirk in the book of common order, and in the first book of discipline at that same time, acknowledgeth no other ordinary office bearers appointed by Christ in Ecclesia constituta. But the Pastor, Doctor, Elder and Deacon: and in her Assemblies at that same time, was still censuring these who were called or designed Bishops by reason of their benefices, as is instructed by the acts printed before the book of discipline. And therefore in the act of Council, 1560. made in the same year by these same persons, ratifying the first book of discipline, they provided only that Bishops, Abbots, Pryors, etc. Being protestants, brook their revenues during their lifetimes: they sustaining Ministers in the mean time. 2. In the year 1566. which precedes that Parliament, the Kirk of this Kingdom approved the Confession of Helvetia; wherein the parity of Ministers is preferred as God's ordinance warranded by his word, to Episcopacy, as an humane consuetude. 3. Because at that time the Queen had restored the Archbishop of S. Andrews; therefore the Kirk supplicated the Nobility of the Kingdom, against that restitution, which they condemn as the curing of the head of the beast once wounded within this land. Wherein they expressly ground themselves upon the said act of Parliament being before made in the year 1560. as a certain abrogation of the Archbishops authority. 4. In the 2. book of discipline chap. 11. the Kirk useth the same act of Parliament as an abrogation of the Papistical Kirk, and Papistical jurisdiction, and thereby of Episcopal jurisdiction and power. 5. The Kirk thereafter in the same chapter declareth their uniformity of this meaning by urging the act of Parliament, 1567. printed amongst the black acts and renewed in the Parliament holden 1579. (which immediately followeth the act here cited) declaring that no other Ecclesiastical jurisdiction shall be used within this Realm, but that which is and shall be in the reformed Kirk and floweth therefrom: and they urge that none under the abused titles in Papistry, of Prelates, etc. attempt to claim the benefit of any act of Parliament, having no commission of the reform Kirk within this Realm. Whereby our Kirk declared all Episcopal jurisdiction to be Papistical. Which is the true meaning of the word, his hierarchy in the short confession. For their jurisdiction could flow from none other but from the Pope: Seeing it flows not from the Kirk: but was abolished and condemned by them: as is clear by the Registers of the Assembly. 6. The acts do abolish all Papistical jurisdiction: And therefore all Episcopal jurisdiction, because Episcopal policy and jurisdiction is Papistical: as is acknowledged by many, and specially by Doctor Poklingtun Chaplain to the Bishop of Canterbury: who deduceth a continual lineal succession from Peter through the whole Popes, unto the present Arch bishop of Canterbury: and by the quotter himself, who allegeth (albeit falsely) that this Kirk retained the Papistical Policy and government. 6. Where it is said in the reason; that our Kirk did not innovate any thing in that Policy which they found in the Kirk before the reformation: the same is controlled by the book of Common prayer, first book of Discipline, and acts of the Assemblies. Anent the sixth act 1567. And for the 6. act 1567. and the 68 act 1579. The same doth not only not mention Bishops, but declareth the true Kirk to consist only of Ministers of the Gospel then living, and these who thereafter should rise; agreeing with them, in doctrine and administration of the Sacraments, and the people, as the members thereof, which directly excludeth Bishops: against whom the doctrine and practice of this Kirk, continually sounded: especially at that time. For in the government of this Kirk by weekly meeting of Ministers, Elders, and reformed towns from the year 1560. to the year 1576. (except the interim of the pretended convention at Leeth 1572.) and from the year 1575. to the year 1581. The Assemblies for the most part were employed in abolishing the corruptions of Episcopacy, and in establishing the settled Policy: which was agreed upon, 1578. In the second book of Discipline. In the which acts of Assembly and book of Discipline is set down at large the doctrine of the Kirk of Scotland, anent that discipline, as grounded and well warranded in the word of God, and against Episcopal jurisdiction, as an unlawful humane invention: So that Episcopacy being contrary to the doctrine of the Kirk of Scotland, 1579. The Bishops disagreeing from the Ministers of the Evangel then living, in doctrine and in the use and administration of the Sacraments, are declared by the said acts to be no members of this Kirk, and the same acts cited for them do sufficiently evince that Episcopacy was still condemned, notwithstanding all opposition made in the contrary. As for the King's oath, the same containeth no mention of Bishops, but by the contrary, Anent the King's oath. the King is obliged thereby to maintain the true Religion of Jesus Christ, the preaching of his holy word, and right administration of the Sacraments, then received and preached within this Realm. And seeing it is cleared by the preceding relation, that Bishops were never allowed, but oppugned by the Kirk of Scotland, that oath doth not allow, but exclude Episcopacy which is also more perspicuous in the short confession 1580. and 1581. when the Kirk set down her constant policy in Doctrine and Discipline grounded upon the word of God, wherein the Hierarchy is abjured as contrary thereto; and craved an oath from his Majesty for maintenance thereof, which now also our gracious Sovereign in the judgement of the Kirk of Scotland is obliged to maintain, as being founded upon the word of God, and exclusive of Episcopacy as repugnant thereto. The acts of Parliament thereafter particularly cited are these mentioned in order. The 24. act 1567. ratifying all civil privileges formerly granted to the spiritual estate, and the 35. act 1571. Ratifying all acts made anent the freedom, and liberty of the true Kirk: the same cannot be extended to the establishing of Episcopacy because it is not mentioned in these acts, but by the contrary was abolished by the acts of the Assembly and Parliament, before mentioned, so that the privileges therein mentioned, are granted to such Kirk-men as then were received by the Kirk and Kingdom: and the freedom of the Kirk must be interpret by her own judgement: who thought ever Episcopal jurisdiction an heavy bondage: and yet those privileges can infer no spiritual jurisdiction, but only civil privileges; some immunities and extemptions granted for the goods and persons of Kirk-men as is clear, 1. act james 1. Par. 1. and 26, act Par. 2. james 1. and 4. act Par. 3. james 2. with many others. It is here to be observed, that the careful evolver of these acts of Parliament, hath omitted to cite the 7. act 1. Parliament of King james 6. bearing the examination and admission of Ministers, to be only in the power of the Kirk, then openly and publicly professed; and presentations to be made to Superintendents, or others having commission from the Kirk, and appealeth from them, to the Superintendents and ministers of the Province, and appealleth from these to the general Assembly: in all which gradations no mention of Bishops; but they in effect excluded by that contrary distinction of the Kirk then openly professed: because they were discharged by the foresaid second act 1567. and Superintendents were then permitted like temporary Evangelists for the present necessity, declared in the first book of discipline ad ecclesiam constituendam; but was abrogate from 1575. that the constant Policy of Ecclesia constituta began to be established. As for the acts of Parliament, 1572. and 1573. It is known by the records of the time, Anent the acts 1572. & 1573. that the Regent then laboured hard to bring in Archbishops, and Bishops, who were not dead, but standing the facto provided to the power of these titulars of benefices, to fortify his own designs, and counterbalance the authority of Ministers, pressing the purity of reformation: and so cannot be honourably alleged for the Bishops at this time: and yet it was done not by authority, but by warrant of some Ministers of his own party convened at Leeth: and was only done for an interim, and protested against by the next Assembly; and yet nevertheless by the said acts of Parliament, the Archbishops, Bishops, Superintendents, or Commissioners of Diocese or Provinces, are joined together (which is wrongously omitted in the quotation) to show that no Archbishop or Bishop, quatales had any power, but only being de facto standing provided in the title, they were capable of a Commission from the Kirk, which sometimes they obtained, and in the book of Assembly are named such as are called Bishops, and were under the Discipline of the Kirk: and in the same Superintendents possessors and titulars of prelacies, as well as Archbishops and Bishops, are ordained to be called and convened for that effect before the general Assembly of the Kirk: And yet none can say, That the offices of Abbots, Pryors, etc. were then retained; howbeit the benefices were not extinct; and few ill grant that when the Archbishops and Bishop's office was in vigour, they thought themselves subject to the general Assembly: as they are by the said act which is also fraudfully omitted in the quotation. Anent the acts 1578. & 1579 As for the acts of Parliament 1578. and 1579. It is answered that the Kirk in this mean time, from the year 1575. was busied in abrogating Episcopacy, and establishing the constant policy, as is clear by the printed acts of Assembly before the book of Discipline, and unprinted acts of Parliament: The Kirk by her Commissioners daily reasoning and agreeing with the King's Majesty and his Commissioners upon these heads of policy, whereupon the Parliament, by the said 69. act 1579. declareth there is none other jurisdiction ecclesiastical to be acknowledged, but that which is in this reformed Kirk, and floweth therefrom, which extinguisheth Episcopacy; because it doth not flow from this reformed Kirk: neither can produce its chartor from her: for besides that it was abolished by the foresaid acts 1567. It was condemned also in the book of Policy, and in the general Assembly holden at Dundie, 1580. and their whole estate spiritual, and temporal condemned in the Assembly at Glasgow, 1581. and so acknowledged by his Majesty's Commissioner in the Assembly at Edinburgh, 1581. so that by this act of Parliam. 1579. The Bishops are so abolished, that unless they be established by lawful Assemblies of the Kirk, no act of Parliament since sen can conduce for their establishment: seeing this act with the other acts for their abolition, standeth yet unrepealed. And farther for the act of Parliament, 1578. if the same contribute any thing, for Episcopacy, it must either be because Bishops are there mentioned, or for the power thereby conferred upon them: But both these are weak grounds. The first because there is no Bishop there named, but such as stood provided de facto on life: which is an designation of the benefice, which was not then extinct; and not of the office which was extinct. The power conferred upon them by the said act can give no strength to the argument: because there is no jurisdiction granted thereby to them, but only power to visit Hospitals: which the Parliam. might have granted to any person: but was most proper to these idle titulars of benefices, who might best attend the same, or employ means for their reparation. And this charge is likewise communicate by act of Parliament to all Chancellors of this Kingdom for the time being: And as to the 71. act 1579. we repeat the former answers that Superintendents and Commissioners are there joined with the Bishops; to show that no power is granted unto them as Bishops, but Commissioners from the Kirk, and the name is still used, because the benefice was not extinct, but they were known by that appellation. The acts of Parliament 1581. were better alleged for Assemblies than Bishops, Anent the act 1581. for it is an express ratification of the former acts of abolition of Bishops, and abrogation of all acts or constitutions, cannons civil or municipal contrary to the Religion then presently professed within this kingdom: which is not only clearly expressed in the words: but if they were doubtsome (as they are not) were manifest for these reasons. First, the Assembly holden at Edinburgh, about the very same day, honoured with the presence of his Majesty's Commissioner, is acknowledged by him to have condemned Episcopacy whereunto temporal jurisdiction is annexed: and the Assembly declaring that function to be against the word of God and acts of the Kirk, thereupon did supplicat the Parliament, that they should make no acts repugnant to the word of God, especially concerning Bishops. Secondly, the King and Estates by that act ratifieth all acts made for maintenance of the liberty of the true Kirk of God, presently professed within this Realm and purity thereof: which present profession can be no other, then that which was received by the Kirk and Assembly then presently sitting so near the Parliament at Edinburgh, which had approven the Presbyterial government, condemned the Episcopal, and ratified the short confession simul & semel, wherein the Estates had sworn to the Presbyterial and abjured Episcopal government. Thirdly, this ratification of the former acts of Parliament must be interpreted, according to the words thereof, to be in all points, which are not prejudicial to that purity of Religion and liberty of the Kirk presently professed within this Realm. And at this time the whole Estates had subscribed the short Confession and so sworn to the discipline, set down in the book of discipline, which by this act is ratified in the first place, before any special enumeration of particular acts. Fourthly, it hath been formerly shown that in the preceding acts of Parliament where Archbishops or Bishops are named, the same hath been by reason of their benefice, and not their office: which the Parliament could not give them being abrogate by Assembly: or having intended really to give them any place, would not have joined Superintendents and other Commissioners with them: or otherwise they are named as having equal power with the Superintendents and other Commissioners, as in the convention at Leeth; and conform to the time, especially 1572. and 1573. Wherein some titulars or possessors of prelacies, so called in the 46. act of the Parliament 1572. had a commission from the Kirk like unto Superintendents, which was not fully abrogate until 1580. But all this was without prejudice of the Kirk her liberty, to recall her own commission from these who were provided to prelacies; and to condemn their Episcopal offices, whereunto they ascrived the power; which they really had by their commission: as the Kirk did upon good reasons abrogate the office of Superintendents without impunging of the said's acts of Parliament (which were never rescinded till 1592.) whereby it is evident, that though this act of Parliament 1581. ratify the former acts wherein Arch bishops, Bishops, Superintendents, or other Commissioners of the Kirk are named, yet seeing the said acts are alternative conceived, the vigour and efficacy thereof subsists by this ratification in the last alternative; viz. Commissioners from the Kirk, Dyoces or Province: seeing the remanent were formerly condemned: especially by this Assembly of Edinburgh holden the time of the Parliament. Fifthly, this ratification 1581. of the former acts made in favours of the true Religion repeating only the titles of these acts and not themselves, cannot import any corroboration of the offices under the titles mentioned in these former acts: because this ratification, can only be extended to the matter, and not to the designation of the persons, expressed in the former acts, which is only personal and circumstantial, as for instance, this act 1581. could not confer any power or employment upon Superintendents: because that office was then abrogate; and out of the Kirk. But the true meaning of the act is; that ratifying the substance and matter in favours of the Kirk and Religion, it doth intrust the execution to these whom the Kirk shall lawfully authorise with commission for that end, which is more manifest in the 114. act Par. 12. 1592. wherein this act 1581. and all the acts therein contained are ratified quoad materiam: and yet all Archbishops and Commissioners are discharged and all Ecclesiastical matters subjected to Presbyteries. Sixthly, it cannot probably agree with reason that by this ratification the Parliament, above their power would endevoure to establish in the Kirk any function so recently condemned of before by the Assemblies at Dundie 1580. and at Glasgow and Edinburgh, 1581. immediately before this Parliament. The acts of Parliament 1584. are of several natures. But they were protested against, Anent the act 1584. and the third Estate of Parliament. by the Ministers of Edinburgh in the name of the Kirk of Scotland, at the market cross of Edinburgh, when they were proclaimed and as they were made in that time which was called the hour of darkness in this Kirk, tirrannized by the Earl of Arran, so are they expressly repealed 1592. cap. 114. Anent the act of Parliament 1584. For the three Estates, and so forth. To answer: Primo, that the Kirk from the year of God 1580, 1581. that the Confession was subscribed, unto the year 1597. all this time was by continual acts condemning the office of Bishops, their spiritual, their temporal, their whole estate, their confusion of civil and Ecclesiastical jurisdiction, and craving in Council and Parliament the dissolution of Prelacies and the erection of Presbyteries. 2. De facto the former Bishops being continually processed and sentenced by the Kirk, these who presumed to usurp that office condemned by the Kirk, namely Mr. Patrick Adamson, and Mr. Robert Mountgomrie in the year 1582. 1584. 1586. they were deprived and excommunicate by this Kirk before the Parliament, 1587. 3. De facto no Ecclesiastical Bishop voted in Parliament but Mountgomry and Adamson, who were taken in by the Earl of Arran, unto the Parliament holden in May at Edinburgh 1584. Wherein the three Estates ratifieth the honour and dignity of the three Estates, so that as these two Bishops cannot be called the third Estate which doth ratify, so the Estate of Bishops, cannot be called the third Estate, which is ratified: especially seeing by that same Parliament in the 132. act. Bishops of the Diocie are but nominate the King's Commissioners. And in the last act of that same Parliament, printed of old in black letter, there is set down the King's Commission granted to the said pretended Bishop Adamson. 4. From 1581. till the year 1597. the quoter doth not eite nor can cite any act of Parliament expressly nominating any ecclesiastical Bishop, but that in the 1584. wherein he is named as one amongst other the King's Commissioners, whereof some were mere secular persons. 5. It is clear by the first act of the ninth Parliament 1584. and the eleventh act of the 10. Parliament 1585. that Bishoprics, Prelacies, Abbacies, Priories, Nunneries, were then thought to be alike in the King's hands, were granted to whatsoever persons being his subjects, albeit they brooked no office in the Kirk: so that some of these lordships and Baronies were erected before 1587. and excluded from the annexation. 6. As the Kirk had ever been craving the dissolution of Prelacies, and condemning the temporal as well as the spiritual estate of Bishops, by their act of the Assembly 1581. and by their censure of the Presbytery of Striviling for admitting Montgomrie to the temporality of the Bishopric of Glasgow, and censure of Mountgomrie for aspiring thereto, contrary to the word of God and acts of the Kirk in the Assembly 1587. juni. So in the 11. Parl. of King james the sixth 29. of july 1587. 29. act. The three Estates of Parliament annexeth to the crown, all Lordships and Baronies pertaining to whatsoever, Archbishops, or Bishops, Abbots, Pryors, Nuns, and Munkes: reserving always to Archbishops, Bishops, Abbots, Pryors, Pryoresses, commendators, and others possessors of great Benefices of the estate of Prelates, and which before had or hath vote in Parliament, the principal Castles and Fortalices: whereby it is clear, that the stylus curiae naming three Estates did no ways include Ministers being Bishops: seeing no ecclesiastical Bishops, sat in that Parliament, nor could sit: because the only two Bishops of the time Adamson and Montgomery, were before deprived and excommunicate, and certainly they neither would nor could have sitten as an Estate in Parliament to abrogate their own estate and lordships, and temporal land, whereupon that act acknowledgeth any right they had, did depend. 2. It is clear that Archbishops or Bishops, Abbots, Pryors, etc. all alike voted in Parliament of old, not by reason of their ecclesiastical office, but by reason of their great benefices and lordships: which here is said to have had vote in Parliament: for that cannot be relative to the persons, as unto Pryoresses: but unto the benefices. So that Ministers voted not as Ministers in name of the Kirk, but as possessors of these great benefices or Baronies: and others who were not Ecclesiastical persons being titulars, and possessors of these great benefices both communi styl● were called Bishops, Abbots, etc. by virtue of the benefice without any office, in the rolls of Parliament, and in the act of Assembly 1587. The Bishopric of Cathnes is said to vaike by decease of Robert Earl of March, the King's Uncle: And the Assembly in their letter to the King declareth, to be against the word of God and acts of the Kirk, to present and admit any Minister to that Bishopric, as also some of these titulars, and possessors of the benefices, albeit they had no ecclesiastical office, did some times ride and vote in parliament. 3. It is clear that the three Estates by taking away from Archbishops, and Bishops, their Lordship's Baronies, and temporal lands, they took away their vote in parliament, which doth not subsist, but in and by the benefice, and therefore ecclesiastical persons separat to the Gospel for want of their great benefices, had no vote in parliament, till the 1597. (albeit all the interveened acts are made by the three Estates,) wherein the King's Majesty restoreth Ministers to the titles and dignities of Prelacies, which showeth that before they were disponed to others than Ministers; and provideth that Ministers presented to these titles and dignities, and to the benefice of Bishoprics, shall have vote in parliament; which showeth that the benefice and not the office giveth right to vote in parliament, like as the very act of parliament 1606. acknowledgeth, that by the act of annexation of the temporality of benefice to the Crown 1587. the estate of Bishops were indirectly abolished; and therefore they behoved to rescind the act of annexation anent the benefice, and restore them to these titles and dignities, before Ministers could vote in parliament, but these acts also are hereafter answered. 7. But as for 130. act 1584. no Bishop is therein mentioned; and yet it is adduced for Bishops, because the three estates are therein named, under one of which the Prelate claimeth to be comprehended, but why more he then Abbots, and Pry●rs formerly abolished, as well as Episcopacy? why more by that act, than many former made when Bishops neither rode, sat, nor voted in parliament; but were expugned out of this Kirk, and yet the acts were all made by the three estates, which albeit it needeth none other demonstration then that it is stylus curiae, carefully observed in this Kingdom; Yet the truth is, that the Nobility, Barons, and Burrows were the three estates of this Kingdom, many hundred years after Christianity, before any Bishops was in this Kingdom, as is observed by Buchanan and Boetius, and acknowledged by Lesly in his Chronicles; and after the Bishops were abrogate expressly the three estates of parliament did continue, and make all acts of parliament. Yea, after the 1592. where Bishops were discharged, for if Bishops were an estate, there behoved to be four estates of parliament; as there are so many named in the Commission granted by King JAMES, and King CHARLES, viz. The Clergy, Nobility, Barons, and Borrows, and that as ecclesiastical persons separate to the Gospel, since the reformation, were never warranted to voice in Parliament, while 1597. So on the other part, the Barons are, and have been, as an estate of parliament in uncontravered possession of voting in parliament, conform to the 101. act Parl. 7. King JAMES the first, renewed again in the parliament 1585. and 1587. act 113. wherein precepts of the Chancelary are ordained to be directed to the Barons as unto an Estate of parliament: even as they shall be direct unto other Estates, to wit, The Nobility and Borrows; which in that act is mentioned. So in this same act of parliament (which in the narrative relateth the bygone great decay of the ecclesiastical Estate) There are expressed three complete Estates in Parliament, The Nobility, Barons, and Borrows. And as in law the three Estates are entire without Bishops or Ministers voters in Parliament, So also, it is most expedient, and necessary for the liberty of the Kirk, honour of the King, and peace of this kingdom: That no Ministers vote in Parliament, as is more clearly and largely proved in the reasons of the protestation, given into Parliament against the same, 1606. And in the act of this Assembly against civil places of Kirk-men. As for the 131. act 1584. no Bishop is therein mentioned to get any benefit thereby, and far less can the same reach to the prejudice of the late Assembly, which was indicted by his Majesty, and is an ordinare judicatory allowed by the laws of God and man: like as it is answered in our protestation, more largely. And for the 132. and 133. act of the said Parliament 1584. there is no Ecclesiastical privilege or authority thereby granted to Bishops as Bishops; but only a power of cognition: wherein the Parliament hath joined others the King's Commissioners with them, only as the King's Commissioners: and granted the same unto seculare persons with them: but the King could never provide them to the office and jurisdiction of Bishops, which was abolished by many acts of Parliament and Assemblies before written. The 23. act 1587. worketh directly against Bishops: Anent the act 1587. being a general ratification of all acts formerly made anent the religion presently professed in this kingdom: which must include the acts abolishing Episcopacy; but especially, seeing in the same Parliament 1587. temporal livings are taken from the Bishops, as well as the office was 1567. And the same act undoubtedly was granted in the same meaning, wherein the Kirk did crave it; who that same year had often condemned Episcopal government, as contraire to God's word, and the liberty of the Kirk, and approved Presbyterial government, as flowing from the pure fountain of God's word. It falleth in here to be remarked that the act 114. anno 1592. is never alleged: Anent the act 1592. and that because it not only revocks in particular the foresaid acts 1584. but in general all other acts contrary to that discipline then established, and in particular, the Assemblies, Presbyteries and Synods▪ with the discipline and jurisdiction of this Kirk, are ratified and established, as most just and Godly, notwithstanding whatsoever statutes, acts, cannons, civil or municipal laws made in the contrary: whereunto his Majesty's prerogative is declared to be no ways prejudicial. Further the said act abrogates all acts granting commission to Bishops, and other Judges constitute in Ecclesiastical causes; and ordaineth presentation to benefices to be direct to Presbyteries, with power to give collation thereupon: And so containeth a ratification of the heads of Policy set down in the second book of discipline. Which act is renewed act 60. anno 1593. and the power of Presbyteries acknowledged 1594. act 129. and was never rescinded expressly in totum; but only in part by the ratification of the act of Glasgow. Which now cannot be respected; but falleth ex consequenti: seeing that Assembly of Glasgow is now upon just and infallible reasons declared to have been null ab initio: and so this act of Parliament, wisely omitted by the collecter to the Commissioners grace might serve alone, without our preceding special answers, for clearing the whole preceding acts. The 23. act 1597. granteth the privilege of a voice in Parliament to the whole Kirk; Anent the acts 1597. and under that name to Abbots, or other persons provided to prelacies, as well as Bishops: even as in time of papistry. So as Sir Robert Spottiswood, Abbot of New-abbay road thereafter in Parliament: which was both unwarrantable and unusual. Which doth nothing contribute for the Bishop's advantage, because albeit the benefice was not extinct, yet neither the King nor the Parliament might give them the office so oft condemned by this Kirk: which is also acknowledged in the same act; because after the granting to them of the said voice, the Parliament remitteth them to the King and the Assembly, concerning their office in their spiritual policy and government in the Kirk. 2. The said act beareth expressly to be but prejudice of the jurisdiction and discipline of the Kirk, established by acts of Parliament made in any time preceding, and permitted by the said acts to all provincial and general Assemblies, and other whatsoever Presbyteries and Sessions of the Kirk: and so the same cannot derogate from the former acts ratifying the present discipline of the Kirk, especially the said act 1592. nor yet from the acts of the Assembly abjuring Episcopacy. 3. The privilege is granted upon condition they be actual Pastors and Ministers. And so we refer to the world and themselves, if with good consciences they may claim the benefice of that act. 4. That privilege was obtruded, and pretended to be introduced in favours of the Kirk: who may and hath renounced the same, as being incompatible with their spiritual function: as the act of the Assembly at more length beareth, upon undeniable reasons. 5. When voice in Parliament was first plausible obtruded upon the Kirk, it was neither proponed nor tolerated in other terms then that only such should have vote in Parliament, as had Commissiom from the Kirk. So that not as Bishops, but as Ministers, Commissioners from the Kirk, they had vote in Parliament. Like as the Assembly at Montrose, 1600. being so hardly pressed by authority, that they could not get it altogether refused (albeit in their conference at Haly-rud-house, 1599 they proponed unanswerable reasons against this, and all other civil places of pastors) set down cautions, binding the Ministers voters in Parliament, to be insert in the act of parliament subsequent: which was omitted notwithstanding of the Bishop's oath and duty in the contrary; for the breach whereof they are now most justly censured. 6. The ratificatory acts of the privileges of the Kirk and Discipline thereof then professed, are not thereby abrogate, but notwithstanding thereof must stand in force, because it is ever understood, and frequently provided in Parliament, that all acts thereof are made salvo jure cujuslibe●; far more salvo jure ecclesiae & sponsae Christi, when she is robbed of her right without audience: especially seeing her right, is usually ratified in the first act of every Parliament. 7. Albeit it were granted, that by this Act of Parliament, or any whatsoever the Prelates had voice in Parliament, yet that doth not exeime them from Ecclesiastic censure, nor forefault the Kirks right, whereby she may condemn them for their transgressions: as now this Assembly most justly hath done, for by their own caveats, whosoever is ecclesiastically censured by Presbyteries and provincial Assemblies, ipso facto loseth his benefice and vote in Parliament. 8. Further the Bishops in their declinatour profess they never had commission from this Kirk to voice for her in Parliament, according to the cautions set down in the Assembly at Montrose: for the which cautions that Assembly was never challenged, as trenching upon the third estate. The act of parliament 1606. is coincident with the nature of the preceding acts, Anent the act 1606. for albeit the King and parliament might have reponed them to their rents, teends, lands, etc. which were annexed to the Crown; yea, might have disponed to them any part of the patrimony of the Crown, If lordly titles and civil places in the persons of pastors separat to the Gospel, had been lawful, yet could not give them the spiritual office, and jurisdiction spiritual, which was abolished and abjured by many preceding acts of Assembly and parliament forecited. Et quod illud tantum agebatur, is evident by the whole strain of the act, reponing them, for remeed of their contempt and poverty to their dignities, privileges, livings, rents, lands, and teinds: and this always limited, as was competent to them, since the reformation of Religion in the reformed Kirk: From which time their office and jurisdiction spiritual was always extinct. Which is evidently acknowledged in the act of Parliament 1592. and expressly in the act of parliament 1597. granting voice in parliament to Ministers. Which albeit it was the first step to Episcopacy, yet the parliament thereby hath remitted the office of Bishops in their spiritual policy and government (as not pertaining to their civil place and jurisdiction) to the King and the general Assembly of Ministers, as properly belonging to them, but prejudice always of the jurisdiction and discipline of the Kirk, permitted by many acts of Parliament, (whereof that 1592. forecited is one) to general provincial Assemblies, Presbyteries and Sessions of the Kirk, which were never prejudged neither by the act 1606. nor by the act 1609. albeit corruption was then fast advancing; till the year 1612. at which time first, and never before, the King and Estates had taken the advice of the pretended Assembly at Glasgow, anent their office and spiritual jurisdiction formerly remitted to them; as is clear in the act of Parliament 1612. relative to that remit in the Parliament 1597. which for that cause is also omitted by the quotter. Like as also the act of parliament 1609. restoreth them only to temporal jurisdiction, Anent the act 1609. and privileges, lawfully pertaining to them and flowing from his Majesty, as any other ordinare jurisdiction doth; with reservation of the King's supremacy and prerogative therein; which can no ways comprehend their ecclesiastical office, because the same is not a temporal jurisdiction, neither did lawfully pertain to them, but by the law of God, and acts of this Kirk after reformation; and by the act 1592. was abrogat and taken from them; and the ecclesiastical power established in presbyteries. So that if it be an ecclesiastical office, it cannot flow from the King, who cannot make a Minister, Doctor, Elder or Deacon in the Kirk; albeit he may present a Minister made by the KING of Kings to the Kirk; neither can the parliament institute originally any ecclesiastical office in the Kirk, as is before said. Further the intended scope of that act is only the restitution of Commissariats and temporal jurisdiction flowing from his Majesty; as is clear by the act itself, bearing that they shall brook all privileges and jurisdictions granted to them by his Majesty, and redintegrates them to their former authority and jurisdiction, lawfully pertaining to them, always flowing from his Majesty (from whom only temporal jurisdiction doth flow) which is only the jurisdiction of Commissers in temporal causes, and no ways any spiritual jurisdiction competent ratione officii: which by God's word and the laws of the Kingdom was abjured in them, and established in assemblies, presbyteries, etc. as is many times before repeated. But to convince them further it is not or that both 1606, and 1609. they road in Parliament, and by their own voices and the iniquity of the time, made the said acts without inserting the cautions made at Montrose, without any commission from the Kirk, contraire to the said cautions and their own oath given for observance thereof, against which the Kirk of Scotland did protest solemnly, clearing unanswerably, not only the unlawfulness of their Ecclesiastic Episcopal function; but also of the civil places in persons of Pastors, from God's word, our confession of Faith, 1580. acts of this Kirk and Kingdom; but this protestation being rejected by them was printed to the view of the world. Anent the act 1617. And as for the act of the Parliament 1617. it cannot set down consecration to the office, without a preceding act of the Kirk: which is not alleged: but by the contraire, the Kirk, had before condemned that office, and did particularly protest against that act of Parliament. Moreover this act is builded upon the supposed ground of Glasgow Assembly 1610. which for infallible reasons is now annulled: and so not only this act 1617. but all after acts, ratifying the same, fall ex consequenti; both by the light of reason, law and practice of this Kingdom. For when the principal act or right ratified doth fall, the subsequent ratification falleth eo ipso: especially in this case, when civil laws in ecclesiastical matters, cannot be made originally, nor subsist after the abolition of the ecclesiastical constitutions, which they ordain under civil sanction to be obeyed: and yet being once annulled they cannot be obeyed. And further even that corrupt Assembly of Glasgow 1610. which is now declared to have been null ab initio, did never restore the office of a diocesian Bishop before condemned in this Kirk; but did too far enlarge and extend the power of these who were provided to the benefice of Bishops; and yet always under cautions and limitations sworn unto: which they never observed; and upon condition of their subjection for censure to yearly general Assemblies: which they have not keeped, but impeded, and so they ought not to claim the benefice of these acts of Parliament concluded by their own voices, and protested against by the Kirk of Scotland and violated by themselves. And last, for answer to all acts of Parliament whatsoever, Conclusion. let the Christian Reader consider, if, as the Assembly lately convened by his Majesty's indiction in the name of Jesus Christ, should judge (and hath proceeded) by the word of God alone; and not by acts of parliament: so we are obliged by our oath made to God, to return to the doctrine and discipline of this Kirk 1580. and renounce all subsequent acts contrary thereunto, and prejudicial to the purity of reformation and the Kirk▪ in whose favours any pretended privileges is granted, and that out of experience of real prejudice, and the pungent sins of our oath and danger of perjury; under which this Kingdom lieth: for the which we ardently deprecate God's wrath, and beg mercy to every one of us who are guilty; and must still continue our earnest and humble supplications to his Majesty for redress; as we shall do our petitions to God, for preserving the sacred person of our dread Sovereign, and perpetuating his reign and his Royal posterity over this land so long as the world endureth. Revised according to the ordinance of the general Assembly, by me Mr. A. Ihonston Clerk thereto. Edinb. 14. of Feb. 1639. BEcause the Reader shall not need to doubt of the vanity of all these exceptions against the Acts of Parliament here cited, and of the impertinency of their Citations of some Acts of Parliament to the contrary: We shall demonstrate to the Reader, that when this Confession of Faith was first framed, and enjoined to be subscribed; Episcopal government was then in force and strength, which doth appear by the most unquestionable and irrefragable Record of that Kingdom, viz. The Books and Rolls of Parliament. And therefore We have here caused to be inserted out of the Sederunt Rolls of Parliament, the names of such Bishops as sat in Parliament, and represented the third Estate since the Reformation, beginning no higher than the year 1579. In which the Reader must note that the Abbots were secular men who had got the Abbey-lands, but yet retained their names and places in Parliament. Parliament 23. Octob. 1579. Sederunt pro Clero Archb. S. Andrews. Sederunt pro Clero Glasgow. Sederunt pro Clero Dunkell. Sederunt pro Clero Murray. Sederunt pro Clero Orknay. Sederunt pro Clero Brechin. Sederunt pro Clero Abbots 15. Parliament penult. Octob. 1581. Sederunt pro Clero Archb. S. Andrews. Sederunt pro Clero Brechin. Sederunt pro Clero Orknay. Sederunt pro Clero Abbots 12. Parliament 2. Octob. 1583. Sederunt pro Clero Archb. S. Andrews. Sederunt pro Clero Dunkell. Sederunt pro Clero Aberdene. Sederunt pro Clero Brechin. Sederunt pro Clero Orknay. Sederunt pro Clero Dumblane. Sederunt pro Clero Argyl. Sederunt pro Clero Iles. Sederunt pro Clero Abbots 13. Parliament 22. May 1584. Sederunt pro Clero Archb. S. Andrews. Sederunt pro Clero Dunkel. Sederunt pro Clero Brechin. Sederunt pro Clero Orknay. Sederunt pro Clero Abbots 11. Parliament 26. August 1584. Sederunt pro Clero Archb. S. Andrews. Sederunt pro Clero Dunkel. Sederunt pro Clero Brechin. Sederunt pro Clero Aberdene. Sederunt pro Clero Abbots. 4. Parliament 1. Decemb. 1585. Sederunt pro Clero Arch●. S. Andrews. Sederunt pro Clero Dunkel. Sederunt pro Clero Brechin. Sederunt pro Clero Orknay. Sederunt pro Clero Abbots. 9 Parliament 13. July 1587. Sederunt pro Clero Archb. S. Andrews. Sederunt pro Clero Aberdene. Sederunt pro Clero Dunkell. Sederunt pro Clero Orknay. Sederunt pro Clero Brechin. Sederunt pro Clero Abbots 13. Parliament 3. April 1592. Sederunt pro Clero Orknay. Sederunt pro Clero Dunkell. Sederunt pro Clero Abbots 6. Parliament 3. April 1593. Sederunt pro Clero Aberdene. Sederunt pro Clero Brechin. Sederunt pro Clero Abbots 6. Parliament 22. April 1594. Sederunt pro Clero Dunkell. Sederunt pro Clero Aberdene. Sederunt pro Clero Brechin. Sederunt pro Clero Abbots 5. Parliament 1. Novemb. 1597. Sederunt pro Clero— Abbot's 5. Parliament 1. Novem. 1600. Sederunt pro Clero Dunkell. Sederunt pro Clero Brechin. Sederunt pro Clero Abbots 6. Parliament 12. April 1604. Sederunt pro Clero Glasgow. Sederunt pro Clero Dunkell. Sederunt pro Clero Rosse. Sederunt pro Clero Brechin. Sederunt pro Clero Caithnes. Sederunt pro Clero Abbots 3. Parliament 3. July 1606. Sederunt pro Clero S. Andrew's. Sederunt pro Clero Glasgow. Sederunt pro Clero Dunkell. Sederunt pro Clero Rosse. Sederunt pro Clero Galloway. Sederunt pro Clero Orknay. Sederunt pro Clero Abbots 1. Sederunt pro Clero Priors 1. Parliament 3. August 1607. Sederunt pro Clero St. Andrew's. Sederunt pro Clero Glasgow. Sederunt pro Clero Murray. Sederunt pro Clero Brechin. Sederunt pro Clero Caithnes. Sederunt pro Clero Orknay. Sederunt pro Clero Abbots 3. ABout this time Our Commissioner resolved to ask Our leave for his return to Us, seeing there was no good to be expected from Our fair and gracious proceedings with them of the pretended Assembly, and wrote unto Us accordingly. When he had received Our leave for his return, he hearing of the great stirs which were now raised at Edinburgh, and the strong and great guards which were since his leaving of Glasgow put upon Our Castle there, repaired thither to Our Palace at Holy-rood-house, where he found the people of that City horribly abused by the misreports of all the passages of the Assembly, whilst he continued at Glasgow; especially with a false information that We had there made good nothing of all which was contained in Our last gracious Declaration made at Edinburgh the 22. of September last passed: herewith he made Us presently acquainted, which moved Us by a very speedy dispatch to command him by Our Proclamation to make known to all Our subjects at Edinburgh, the sum of his whole proceedings at Glasgow; which Our Commissioner presently performed, by causing this Our ensuing Proclamation to be published at the Market Cross of that Our City. Charles R. CHARLES' by the grace of God, King of Scotland, England, France, and Ireland, defender of the Faith. To Our Lovits Maissars, Heralds, 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 one and twentieth 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 & 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 Moderatours 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 Laick-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 Laick-Elder, (which in time will prove to be of a dangerous consequence, and import a heavy burden to the liberty of Church and Churchmen) 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 silliness 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 Moderatours 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 those 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 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 Kirk 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, praesertim in convocandis conciliis, 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, & Pistolets, contrary to the laws of this Kingdom, and in high contempt of Our Proclamation at Edinburgh the 16. day of Novemb. 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: & by their partial and unjust refusing, & not suffering to be read the reasons & arguments given in by the Bishops, & 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 all 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 Perth Assembly hath bred distraction in the Church and State, hath been graciously pleased to take the same into His royal consideration, and, for the quiet and peace 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 laicke 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 proceedings of the Prelates, 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 ann. 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 abovementioned, 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, & 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 city 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 likewise that in contempt of Our proclamation at Glasgow the 29. of November they go still on to convene, 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 do also 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 Kirkes', 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 authorise, 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 lieges 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 proceedings 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 likewise straightly charge and command all Judges whatsoever within this Realm, Clerks and Writers, not to grant or pass any Bill, summons, or letters, or any 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 otherways 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. THis Our Proclamation, published only to make Our people acquainted with Our gracious proceedings at Glasgow, which by the malice of their Leaders had either been concealed from them, or misreported to them, was received, as all Our former gracious proffers, with a very undutiful, windy and blustering Protestation, so full of words, but withal, so void of truth and sense, as We were once resolved not to have inserted it here, neither indeed is it necessary it should, for it is stuffed with the idle and superfluous repetitions of those things which are contained in their former Protestations, especially their last Protestation made at Glasgow, with which indeed it is for the most part the same verbatim: Yet, because We know that if it should be left out they would not stick to assure their followers, that it was omitted because of the unanswerable pregnancy of the reasons contained in it, here you shall have it, but without any answer to it, as to their former Protestations hath been given; there being very little in it which is new, and so not answered before, or what is in it new being either very false or very impertinent, both which falsities and impertinencies shall only be observed on the margin, being assured that the Reader will easily find that there is nothing in it worthy of any larger answer. The Protestation of the general Assembly of the Kirke of Scotland, made at the Market Cross of Edinburgh the 18. of December, 1638. WE Commissioners from Presbyteries, Burghes, and * False: for there was not, after Our Commissioners leaving of the Assembly, any one Commissioner from any University of that Kingdom, which did not desert it. Universities, now convened, and yet sitting in a full and free Assembly of the Kirk 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 Kirk; 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 introduced into the doctrine, worship, and discipline of this Kirk, which had been before in great purity, to our unspeakable comfort, established among 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 disorder of the Kirk, 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 marquis of Hamiltoun, 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 Kirk 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 * False. prelimitations, as did both destroy the freedom of an Assembly, and could no ways cure the present diseases of this Kirk. Which was made so clearly apparent to his * More false than the other, if it were possible. Grace, that for satisfying the reasonable desires of the subjects, groaning under the weariness and prejudices of longsome attendance, he was again pleased to undertake 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 (whereof the power of ruling Elders as a part of the constitution, and the examination of Episcopacy as a present question to be moved, was expressed, albeit now the Commissioner hath pretended the 'samine for the greatest causes of his rising and away going from the Assembly) the 'samine 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 last, 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 for the space of seven days sitting was countenanced with his Grace's personal presence, yet his Grace did never allow any freedom to the Assembly, competent to it by the Word of God, Acts and practice of this Kirk, and his Majesty's indiction, but did labour to restrain the 'samine during the time of his abode there, 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 Kirk, were ever admitted as members constituents of our free Assemblies, and by denying his approbation to the things proponed and concluded, though most clear, customable, and uncontroverted. And further, his Grace after the presenting and reading of his own Commission from our sacred Sovereign, and after his seeing all our Commissions from Presbyteries, Burghes, and Universities, produced and examined, and the Assembly constitute in all the members by unanimous consent, did, to our great grief, without any just cause or occasion offered by us, * False, and sufficiently before disproved 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 thereafter to be made in this Assembly, to be of no force nor strength; and that for such causes as were either then expressed verbally by his Grace, or contained in a Proclamation made by his Grace at Glasgow, * It is a wonder that men can be found who dare aver such an untruth, when the Proclamation at Glasgow is subscribed by the hands of our Counsellors: let the Reader turn back to it and be judge. without any warrant of an Act of Council, contrary to the Law and custom of this Realm: whereunto we answered by our Protestation of the 29. of November, or otherwise for such reasons as his Grace thought meet to allege, which are since superadded in this late Proclamation, now made at Edinburgh, this 18. of December, wherein, for our greater surcharge of sorrow, we are heavily and wrongously blamed and taxed of many great offences. And first for making Protestation against the Proclamation made at Edinburgh the 22. of September last, Anent our Protestation. whereas our reasons contained in that our Protestation are so forcible and just, to demonstrate the necessity and lawfulness of our Act, that we judge all good men and Christians will be satisfied therewith; whereanent we remit ourselves to our Protestation printed, and will not for shortness repeat the 'samine reasons here. And where we are reproached and blamed in this new Proclamation for guarding and watching the Castle of Edinburgh, Anent our watching the Castle of Edinburgh. and impeding to import ammunition, or other necessaries, to any of his Majesty's houses; an Act which is exaggerate to be without an example in the Christian world, seeing we deny that liberty to our Sovereign, which the meanest of us do assume to ourselves: For answer hereunto, we confidently affirm that we are unjustly challenged of all the said points, except for prevening dangers evidently threatened unto us, by circumspect attendance about the Castle of Edinburgh; which afterward we shall show to be warrantably done: * They confess it within eight lines after this. For we declare that we have never made the least stop or hindrance to the importation of any ammunition, victual, or thing whatsoever, into any other of his Majesty's houses, or Castles: Nor for carrying all necessary sustentation into the Castle of Edinburgh. Neither hath any of us fortified, or provided any of our private houses for warlike defence; so that all those are heavy, and unjust imputations: But we confess and grant, that there being some provision and ammunition quietly imported into this Kingdom, for furnishing the Castle of Edinburgh, and intended secretly to have been put therein, we have carefully prevened the 'samine by our diligent attendance, And that for such reasons, grounded upon equity, the Law of nature, and municipal Laws and Acts of Parliament of this Kingdom, and the lowable example of our predecessors: For the truth is, that having petitioned his Majesty for redress of our just grievances, and a legal trial thereof, before we received any answer thereunto, all possible means were used to dissolve that union which was made amongst us for that good cause, and to impede all our meetings from deliberating thereupon, wherein the town of Edinburgh made a considerable part, not only as an important member of this conjunction, but as a most commodious and ordinary place of our meetings; so that when all other means of persuasion had failed, the means of terror was not left unassaied: And for that effect a great quantity of ammunition was brought by sea from foreign parts to have been clandestinly imported into the Castle of Edinburgh, as no doubt it was intended, seeing the 'samine was unloaded in the dead time of the night: And we considering that in case the 'samine had been imported into the castle, with other provision and store formerly therein, the 'samine might have been used & employed for the overthrow of that place, and tended to our great prejudice, by withdrawing them, upon that terror, and displacing us from our ordinary meetings; upon these reasons and considerations we prevened the 'samine by such a loyal way as cannot be offensive to Authority: * True: but We, and Our Council, and Our Judges, and the rest of Our loyal subjects are the public; mutineers and rebels are but a private and schismatical part, though never so many. For the safety of the public is the end of all lawful power, and supreme Law. And the adversaries of our Religion having formerly boasted, by that provision so to furnish the Castle, that it might beat down the town of Edinburgh, and bar the supplicants from meeting therein, we had just reason to hinder that fetter of slavery to be put upon the town; and that the Castle of Edinburgh, which is amongst the first strengths of the land against foreign forces, might be turned as a special engine of constraint against the subjects, to hinder their lawful meetings, or to force the town of Edinburgh to separate from the rest of the supplicants: Which great prejudice the Law of nature teacheth us to avoid, And yet we have not proceeded therein without the warrant of the Acts of Parliament. For first, where there is any violent presumption of spoiling of the Country, it is ordained that the * But not without or against the King's command; his General (much less any Lieutenant of his) cannot do that. Lieutenant raise the Country, and pass to such Castles and fortalices where there is any unruly men, and take sovertie of the persons within these houses, that the Country and all the King's lieges be unharmed and unskathed of the said's houses, and of them who inhabits the 'samine from time forth: And if any make difficulty to be arrested, and find sovertie as Law will, they shall be streinied thereto, James 2. Parliament 2. Act 3. And therefore now seeing there is not only violent presumption, but great menacing, from the adversaries of the truth and Country, and their adherents, of the breaking of the Country and harming of the 'samine; and especially his Majesty's lieges within Edinburgh, by the extraordinary provision of munition to the Castle of Edinburgh, and that by the said's Bishops plots from his Majesty's prime officers, who in his Majesty's absence should preveene that inconvenient by the ordinance of that Act: Therefore upon their default the Country itself and the King's lieges, in whose favours the Act is made, may provide for their own safety, and keep themselves unharmed by that Castle, or any inhabitants thereof, and so preveen the importation of ammunition thereunto, conform to the said Act of Parliament. * All this which followeth, concerning the guarding of Our Castles and Forts, and keeping Us out of them, containeth no less than treason, and is not to be answered with a pen. Secondly, as the Castle of Edinburgh and certain other Castles and lands are the King's undoubted annexed property, so it is to be considered for what cause they were annexed, by whom annexed, upon what condition, and how to be disponed upon. For the only cause expressed in the annexation thereof 41. Act. James 2. Parliament 11. is, that the poverty of the Crown is oftimes the cause of the poverty of the Realm: Which Act makes no mention that the King was annexer of the Castles and Lands to the Crown, but only that by the advice of the full Council of the Parliament it was so statute and ordained, And appoints that they may not be disponed upon, without advice, deliverance, and decreet of the whole Parliament, for great, seen, and reasonable causes of the Realm: So that being thus annexed to the Crown by the Realm itself, for avoiding an inconvenient to the Realm, and being annexed with condition not to be disponed upon without the advice and decreet of the whole Parliament, and for great, seen, and reasonable causes of the Realm; justice and equity will require, that these Castles should not be made an instrument of the poverty and desolation of the capital town of the Realm, and of the harm of the most considerable part of the body of the Realm there convened for supplicating his Majesty and the Council, and preparing overtures to the future Parliament, for redress of our just grievances. But now by this extraordinary provision to the Castle, being threatened with ruin and exterminion, they may stop the misemploying of that benefit granted to the Realm eo animo & ad hunc finem, for the well of the Realm, while the Parliament of the Kingdom give their humble advice to his Majesty thereanent. Thirdly, by the 9 Act. 9 Parl. James 6. it is acknowledged that the Castle of Edinburgh, Dumbartane, Stirling, and Blaknesse, are four chief strengths of the Realm which ought to be safely kept to the King's behoof, and welfare of the Realm: And for keeping the Castle of Edinburgh, there is assigned, with consent of the Estates, both money and victual, a great part whereof is forth of the thirds of benefices, which thirds in December 1561. were discerned and ordained by Queen Marie, with advice of her Council and others of the Nobility then present, to be up taken and employed for these two uses: viz. Sustaining of Ministers, and entertaining and setting forward the common and public affairs of the Country and Commonwealth of the Realm: which was also enacted, Act 10. Parl. 1. James 6. and thereafter ratified Act 121. Parl. 12. James 6. Whereby it doth appear that as the Castle is the King's undeniable annexed property, so it is also a strength of the Realm, which should be safely kept to his Majesty's behoof, and welfare of the Realm, having for the keeping thereof rends assigned with consent of the three Estates of the Kingdom forth out of the thirds of benefices, estimate by the Estates in eum usum, for entertaining and setting forward the public affairs of the Country and Commonwealth of the Realm. And consequently the most * Which the Covenanters are not. loyal part of the body of the Realm hath main interest to divert the converting of this strength to the weakening or ruin of the Realm or any member thereof, threatened by this unusual provision, and openly denounced by our said enemies. Fourthly, by the 125. Act 7. Parl. James 6. it is acknowledged that the King's Castles and strengths are the keys of the Realm: and the only use of keys is for keeping together in safety and preservation, and not for spartling, dispersing, or perdition. So that the Realm and collective body thereof can hardly be disallowed for contributing their loyal endeavours to the good keeping of their * Whether should the King or his subjects keep the keys of his own Kingdom? own keys, when contrary to the right end these keys are used against the Country and Realm, whereof they should be, and are the keys of safety: as by the said Act is declared. Fifthly, by the same Act, all violent detainers of the King's Castles from him, or constrainers of the King's regents do redeem his own houses, and all makers of any such bargain, merchandise, or market of the King's Castles, are only ordained to rander and deliver again what they have received for reddition of the said's Castles, and that the King shall have action for repetition thereof as necessarily given for the time, and wrongously received for unlawful causes. And our proceedings being compared with the subject of that Act of Parliament, cannot deserve so harsh constructions, where the * But the Covenanters are the worst part. best part of the body of the Realm being constrained for indemnity of their persons and goods, do neither take nor detain the Castle, but only withhold importation, first clandestinly intended, and thereafter openly threatened, of all kind of warlike and invasive furniture, which could be useful to no purpose, but to the harm and annoyance of those who were convened for the just occasions foresaids, who deserve and expect approbation and * We do not take them to be such fools as to expect thanks from Us for their proceedings; if they do, they are like enough to go without them. thanks from his Majesty in his own due time, for keeping his evil Counselors, and bad Patriots, from putting hand in his best subjects. Sixthly, by the 25. Act 6. Parliament James 2. sundry points of treason are ennumerate: And amongst the rest, one is the assailing, without consent of the Estates, the Castles or places where the King's person shall happen to be: And now the King's person not being in this Castle, but out of the Country, and the * The worst and most disloyal part of all Our subjects. best and most loyal part of his subjects both for number and fidelity, imploring his Majesty's authority, for convocating the Estates to take order with these, who, presuming upon his Majesty's absence, are bold to give him sinistrous information and counsel, these who do no ways assail the Castle, but bars these evil Patriots from putting in execution their damnable suggestions by their supercherie violence and terrifications from that Castle, before the convention of Estates, cannot in Law and equity be challenged in their carriage, so necessary to them in the interim, while the Estates convene in a Parliament, which now his Majesty hath been graciously pleased to proclaim. Seventhly, it is known by our Chronicles and Records, that the Castle of Edinburgh was given in keeping to the house of Erskine by the King and Estates of Parliament, * In what history be these words? is it not Regi as well as conventui ordinum? or can there be a convention of the three Estates called without the King or his Authority? hac lege expressa & conditione, ut nulli nisi conventui ordinum reposcenti traderent. Eighthly, this Act is not unexampled in the Christian world: but hath many precedents both in the History of other Kirks and Kingdoms, and of our own, which hath many such examples even done by the Estates themselves: whose fact doth make our right, and whose authority is ratified conform to the ancient and loveable custom, in punishing rebellious subjects, and preserving the faithful, Act 130. Par. 8. James 6. In the next place we are upbraided for our meetings, Anent our meeting and alleged Council Tables. which in the Proclamation are called Council Tables only by that name which by ordinary expression is due to judicatories, to make it believed, that we have arrogate to ourselves some unwarrantable power and authority; (which we neither have nor intends to do God willing) whereas the truth is, that in a matter so highly importing all of us, as the preservation of Religion and purity of God's worship, it was most necessary for us to meet, and that in a sober, modest, and quiet way, for deliberating with joint advice upon those weighty businesses for the good of the Kirke, his Majesty's honour, and peace of the Kingdom: And those * Many letters have been sent▪ down from Commissioners of Shires then resident at Edinburgh to them living in the Country, requiring them to do such things, as they would answer the contrary to the Table. meetings did never emit nor send forth any authoritative command or injunctions, but conclude upon such advices as might be most expedient for advancing that great business, and facilitating the way of supplication to his Majesty, and overtures for the Assembly and Parliament; which was an Act lawful and approvable in the self, albeit the conclusions thereof did not carry the force or validity of a binding law or command, which was never aimed at, nor intended: Which meetings they might warrantably keep for that end, being for God's glory, and removing the just grievances of the subjects, no ways prohibited by any of our municipal Laws, which disapproveth such conventions as are for disturbance of the peace, or usurpation against Authority, whereof neither of the two can be alleged against these meetings: Not the first, because no invasion, violence, offer of wrong by word or deed, to any person, no even to those, upon whom they justly complain, ensued upon the same, notwithstanding of their provocations, and their fears falsely represented to his Majesty, and maliciously pretended for their stay out of the Country: Not the second, because their meetings was to consult in manner foresaid upon the most fitting and humble way of supplicating his Majesty, and for the most convenient propositions to be represented to his Majesty, the Parliament, and Assembly: all which acts are most compatible with the loyalty and duty of good subjects, and do no ways entrench upon Authority, seeing they can never be challenged to have assumed to themselves any judicial determination in any matter of State, Civil nor Ecclesiastical, but by voluntary instructions and opinions every one to another in a common cause of Religion, did resolve what might be most conducible to their lawful and just ends; And yet those conventions want not the warrant of Law and Authority, because they consist of the Nobility, Barons, Burrows, and Ministry, which by the fundamental Laws of the Land, have place of proponing, reasoning, and voting in Parliament and Assemblies, Act 113. King James the 6. Parl. 11. wherein is acknowledged that it is necessary to the King and his Estates to be truly informed of the needs and causes pertaining to His loving subjects in all estates, and therefore ratifieth the Act made by King James, 1, anno 1427. Giving power to Barons, to propone all and sundry needs, and causes, and to hear, treat, and determine all causes to be proponed in Parliament: which necessary and true information cannot be made to his Majesty and Estates, † But was ever that previous meeting or contention of the Estates without the calling and authority of the King? without privy meeting and consultation: and consequently it being granted to them, to inform the King and Estates, and to propone, hear, treat, and finally determine all needs and causes to be proponed in Parliament, there must be necessarily understood to be a sufficient power granted to them for meeting and advising upon that information: Quia aliquo concesso, omnia concessa videntur, sine quibus concessum expediri nequit. And as to the Ministers they have likeways power granted to them, not only by the word of God and constitutions of the Kirke, but by the King and laws of this land, to propone, reason, and vote in Assemblies, and be the 'samine parity of reason to keep preceding meetings, not to determinate or execute, but to consult upon their necessary propositions: So that these lawful meetings, for the religious end, suffer wrongously the invidious designation of Council tables: which is only done for procuring misconstruction against them; because at these meetings and consultations they sat about a table, which posture is no ways prejudicial to Authority, the meanest of mechanik crafts having their own tables where about they sit, when they consult upon the smallest business importing their trade. And farther, these same meetings, consisting of Commissioners from each Sheriffedome and body of this Estate, were allowed by his Majesty's * Most false. Council first, and thereafter by the Commissioner his Grace; In so far as the whole subjects of this kingdom out of their resentment of the weight of this cause, having numerously convened at Edinburgh, from all the parts of the kingdom, that confluence of people was desired to be dissolved, and directed to make choose forth of that great number of some Commissioners from each shire who might meet to represent their just grievances and desires, and attend the answers thereof. Anent some members of the Assembly alleged to be under censure. The third particular challenge in the Proclamation, is for the illegal and unformall course taken in the election of Commissioners to the Assembly, whereof some are alleged to have been under the censure of this Kirke, some under the censure of the Kirke of Ireland, some banished for teaching against Monarchy, others being suspended, some admitted to the Ministry contrary to the laws of this kingdom, others at the Horn, some confined, and all by oath bound to the overthrow of Episcopacy: Whereunto although no answer be requisite, seeing the persons thereby meaned, are not specially condescended upon, yet for clearing all men's minds, and showing the warrantableness of our proceedings, it is of truth that the Assembly, after particular trial which they took upon some such surmises, could not find any censured by the Kirke of Scotland or Ireland, by a lawful manner, in a lawful * Who have made the Covenanters Judges of the lawfulness either of the judicatory or the cause? especially, what an intolerable presumption is it in them to judge Our judicatories in Ireland? judicatory, or for a lawful cause: but on the contrary, the Assembly, after careful searching and examination, found, that any censure inflicted upon any of these persons in Scotland was only by a Bishop (who ought to be punished for taking arrogantly on him the name of the Kirke of Scotland) and that without the advice of any Presbytery, but sitting in his high commission (which was condemned by the laws of this Kirke and Kingdom, is discharged by the King's Proclamation, is one of our just grievances, and a part of the Bishop's ditty) and that only for refusing the innovations and corruptions abjured by the Confession of Faith 1580. For the censure of the Kirk of Ireland, it was not notified to the Assembly by any such objection, and yet out of their zeal and care to satisfy all these misinformations, whereof they heard some whisperings, they found after trial, that these censures inflicted were for the same causes foresaids, and yet could not militate out-with the bounds of that diocie where they were censured in their own law and practic, and none of them were ever banished for any cause, let be for that odious cause pretended in the Proclamation: wherein the mention of Horning against some of the Commissioners could not be a lawful exception against them, because Horning can neither take away their Ministerial function, nor deprive the Presbyteries of their voice by their Commissioners: But in special this Horning against the Commissioners to the Assembly cannot be respected; because it was done in Edinburgh upon a † But they know that many members of that Assembly were denounced Our rebels, and put to Our Horn, long before Our Assembly was thought on. suddenty (upon what intention we permit every one to consider) after all the members of the Assembly were gone to Glasgow, and yet Protestation was taken against the 'samine, and suspension craved upon the real offer of consignation, which, contrary to the common law and practice of this kingdom, was unexampledly refused, and public instruments taken thereupon: All which objections are only now remembered to blemish the proceedings of this Assembly, but were never urged nor proponed in the Assembly; but on the contrary, the Commissions of all persons were produced, examined, discussed, and approven in my Lord Commissioners own audience, without any contrary voice of the Assembly: And yet upon these challenges much is built against the Assembly, and the 'samine are aggravate from a preceding oath, whereby it is alleged that the Commissioners were bound to overthrow Episcopal government, which is of the same stamp and mettle with the rest: For the truth is, that there was never any oath given, nor exacted, but that which is contained in the Covenant, whereby all was abjured, only in general, which was contrary to the Confession of Faith 1580. leaving to the trial and determination of the Assembly, whether Episcopacy and some other innovations were repugnant to the said confession, or not. And at the best, it is a bad inference, that one who hath maintained orthodox opinions, and preached against heresy, and error, may not in the lawful judicatory voice for condemnation of these errors. And as for the election of Moderatours, admission of Ministers by Presbyteries, and restitution of Elders; the same needeth no answer in this place, being sufficiently cleared by us before in our answers to the 11. Articles exhibit unto us by the Commissioner his Grace: Which answers were so satisfactory, that after the receipt of the same, his Grace promised to procure a free general Assembly, with power to determine upon all questions anent members, matter, and manner of proceeding. And are further cleared in the book of Policy, and other Acts already cited in our particular answer to the Declinator of this Assembly, produced by the Bishops. All which is approven by this general Assembly, and all Acts carrying appearance of contrariety thereto upon undeniable grounds are declared to be null ab initio. Anent the alleged instruments sent from the Tables. The fourth Act rubbed upon us to our prejudice by the Proclamation, is the sending from the Tables of instructions, whereof the heads are summarily expressed, which his Grace indeed did show to the Assembly, and then the members of the Assembly declared, that neither of these papers were ever sent from the * Not from their public meetings (for they durst not for fear it should be known) but from a cabinet meeting, consisting of them who led the rest by the nose, & whose names We know, and shall be known to all in due time meetings at Edinburgh to any man in their knowledge; and yet for the first (which possibly might have been some private direction of one friend to another, without common advice) it doth not contain any thing offensive or partial. For the phrase of losing of our Christian and civil liberty might be warrantably expressed in relation to our former bondage and slavery under the Prelates, tyrannising in their High Commission, whereby most summarily, at their own pleasure, they deprived, fined, and confined all persons and professors, with such an high hand as justly we might affect deliverance from that servitude, which was likely more to enteresse by the unlimited power usurped in their Canons. So that the desire of this liberty cannot be judged an affectation of licentious living without subjection to lawful authority, which in our solemn Covenant with God we have sworn to maintain. And as for the other paper, the † If it be forged, it is forged by none but Covenanters, who from many several shires in the kingdom did send copies of the same written in the same words to Our Commissioner and others, and yet those Covenanters did not know one of another's sending. same is the forgery of our enemies presented to the Commissioner his Grace, of deliberate purpose to make a pretext for discharge of the Assembly, which we are sorry was so readily embraced, notwithstanding that when the same was produced by the Commissioner, the same was not only cleared to be no draught sent by public advice, but the members of the Assembly, and even those whom his Grace most suspected, denied the same, and offered to control it by production of the true paper of their instructions, altogether disagreeing from that other produced by the Commissioner, except in the two points following, which had been craftily intermixed with the said's untruths, to give them some countenance of probability. Likeas they professed to his Grace, upon their * There was no man in the Assembly who offered any such oath as is here alleged. We doubt not but there were many members of the Assembly who might have taken that oath safely, because they were indeed never acquainted with these papers; but Our Commissioner (if he had been put to it by the Assembly) could have named many, especially some of the Nobility, Gentry, and Ministers, who could not have taken that oath without perjury; and since it is now denied; they shallbe named in due time and place. oath, that they had never seen the same before, nor ever read any of the Articles therein contained in any other paper, except the fourth and the eighth Articles, whereof the fourth was for eschewing (as far as might be) Chappel-men, Chapter-men, and Ministers Justices of peace, from being chosen Commissioners to the Assembly: which was so reasonable, that none could be offended thereat, because * First, this (nor the eighth) was not published in their public instructions (for it would have offended many Covenanters who were both Chapter-men and Chappel-men) and therefore they acknowledging it to be one of their instructions, must needs confess it to be amongst their private ones. But a wonder it is that men should not be ashamed to avow in print this their false and partial dealing; for this instruction concerning Chapter-men and Chappel-men was only given to bar some moderate covenanting Ministers from being chosen Commissioners; for, notwithstanding this instruction, Master Ramsey, who both was one of the Chapter of Edinburgh, and Subdeane of Our Chapel, and Rollock, who was Prebend of the same Chapter, and one of our Chaplains, who duly preached his turns in Our Chapel, and some others, fierce and fiery revolted Chaptermen and Chappel-men, were chosen Commissioners, though the reason here expressed was as strong against them as against the rest. Chappel-men had approven, and without warrant of this Kirk practised the innovations introduced of late; the Chapter-men had practised the book of ordination, and (contrary to the Acts of the Kirk discharging Chapters and their election of Bishops 1578.) had approven the corruptions of Kirk government, and Ministers Justices of Peace had likewise accepted that civil office upon them, whereunto they were promoved for the most part as creatures and dependers of Bishops. And the eighth, wherein some are desired to study the points which were likely to be agitate in the Assembly, as, de Episcopatu, de senioribus, and among other points, de potestate supremi Magistratus in Ecclesiasticis, praesertim in convocandis conciliis; whereat none can take just exception, because it was the duty of every member of that Assembly to instruct and enable themselves for agitating every point, which might occur to be spoken of there by any, or been proponed by the Doctors of Aberdene, who were expected there, and commanded to study these points: So that this ought not to be wrested to their prejudice, seeing it was incumbent to the Assembly to know the precinct of the Kirks jurisdiction, especially anent their own Assemblies, and to distinguish it from the civil jurisdiction of the supreme Magistrate, giving to God what is Gods, and to Cesar what is Caesar's, whereby the sovereign Magistrate hath no prejudice, but great benefit, to know the extent of his power in matters Ecclesiastical, lest either he should come short of what is due to him, or, for want of true information, encroach upon the liberties of Christ's Kirk: Whereby it is most evident, that no indirect nor partial courses, nor dangerous propositions, have been used in the preparations and elections to this Assembly, but such as are most legal, peaceable, ordinary, and warrantable. In the next place the Proclamation charges our innocency for repairing to the Assembly with great troops and bands of men boddin in fear of war, and furnished with forbidden arms, Anent our going to Glasgow with alleged numbers and weapons. in contempt of a preceding Proclamation: whereas the truth is, that our going and repairing to Glasgow was in the most peaceable, quiet, and single way which might serve for our security and indemnity against sundry outlaws, Clangregors, and their followers, who shortly before the meeting of the Assembly had done sundry outrages, and committed many insolences upon the King's good Subjects in these Western parts, both to private men, whom by their number they might enforce, and by exacting monies at public mercats near Glasgow, whereof many were advertised by their private friends from these places, and to come thither prepared for eviting all affront or hazard which they might incur by that rascally multitude: So that being firmly resolved of before to go thither every one accompanied with his own ordinary private train, we yet continued in that resolution, and went thither in most sober and quiet way, only with this change, that for prevening that hazard we went not every man alone with his own ordinary servants, but some few together went in company; which is not only ordinary in going out the way, but was most expedient at that time for avoiding the foresaid hazard and prejudice: which moved us all so to carry with us some offensive weapons▪ wherewith not only these rebels were provided, but likewaies such who went to Glasgow with his Majesty's Commissioners, who upon that same necessity were likewaies * Most false. provided with those prohibited weapons, and yet their carriage nothing thought to deboird from the duty of good subjects. Upon these reasons some of the supplicants being present in Edinburgh, at the making of the said Proclamation 16. of November last, did protest that it might be lawful for them to carry weapons for their own defence, and preservation against any such lawless invasion or violence as might threaten them, and that they might incur no prejudice by carrying such weapons as those who followed Counsellors and many others did, promising to carry themselves peaceably and irreproveably during the time of the Assembly, which accordingly they have done: and seeing our said carrying of weapons was for defence of our lives, against the invasion of these barbarous sorners, we are not censurable therefore by the act of Parliament prohibiting the said's weapons, because we was repairing to, or returning from the Assembly at command of his Majesty's letters and authority, which is in special words expressed in the act of Parliament, Act 18. Parliam. 1. James 6. which is thereafter ratified with the same provisions, Act. 87. Parliam. 6. James 6. and thereafter also ratified, Act. 248. Parliam. 15. James 6. like as by the 227. Act, Parliam. 14. James 6. all honest men, and good subjects freeholders', are authorized with a commission to take and apprehend the persons and goods of those sorners and thiefs, keep themselves in prison, and execute them to the death: And therefore far more to carry weapons for resisting of their savage violence. Anent our refusal of Assessors, and of the Bishops Declinator. And where the formal and orderly proceeding of this Assembly is challenged in the Proclamation, as peremptory, for refusing voice to the six Assessors assumed to himself by the Commissioner, and for not suffering the Declinator by the Bishops to be read before the electing of a Moderator, We cannot conceive the same to be a just cause of offence, because albeit according to our bond duty, We defer all humble respect to his gracious Majesty's Commissioner, and to the persons and places of the prime Noblemen, and Counsellors his Grace's Assessors, yet for preservation of the liberty of the Kirke of Jesus Christ, We did in all humility remonstrate that his Majesty's Commissioner and Assessors, how many soever (whose place is not to vote, but to assist the Commissioner by their counsel for his orderly proceeding) could have but only one voice in the Assembly: Since after thirty-nine national Assemblies of this reformed Kirke, where neither the King's Majesty, nor any in His name were 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 proceed 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 only have given His own judgement in voting of matters, and would not have called others who had not been clothed with commission from the Kirke, to carry things by plurality of voices. Which is also imported by his Grace's Commission produced, wherein he is nominate sole Commissioner. Like as also his Majesty's Father never had Assessors voicing in † It is a bold and impudent speech to affirm that Our royal Father kept unlawful Assemblies, especially when some of them are confirmed by Parliament. lawful Assemblies, nor challenged the same to his Commissioners, but only of late days in these corrupt Assemblies, which for undeniable reasons are declared to have been null ab initio. And as to the refusing of the reading of the Declinator, and Protestation, exhibit by the Prelates, The same was publicly read, and the first Act of the Assembly, immediately after the election of a Moderator and constitution of the members, before the which time there was no Assembly established, to whom the same could have been read, or by whom it could be judged; Like as we desired his Grace to bring in the Prelates themselves, and we should both answer for their safety, and give them a full audience. And further, whereas his Grace under his hand, Anent his Majesty's declaration wherein it is not satisfactory. gave in his Majesty's declaration, mentioned in this Proclamation, the same being considered by the Assembly, gave them matter of great joy, to find his Majesty's royal heart so far enlarged towards them, as willingly to untie some of those grievous bands wherewith they had been fettered by the means of some who abused their own places, and trust with his Majesty; But the same was not found satisfactory, nor sufficient for establishing of a legal security of the points therein mentionate, nor yet for purging the corruptions, and settling the peace of this Kirke, as was promised, whereof the Commissioner his Grace would not stay to be informed, but did unexpectedly and suddenly remove, to the great grief of the Assembly, who thereby was necessitate to use the power * God never put it in their hands, but the Devil, who is the author of all sedition and rebellion. God had put in their hands, for removing all innovations, and settling the purity, and peace of this Kirke. And seeing in this Proclamation his Majesty's declaration is insert ad longum, and the Assembly taxed for not being fully satisfied therewith, we are enforced to repeat here the reasons which moved the Assembly not to think the same satisfactory, in hope that they, coming to his Majesty's sacred ears, may procure the continuance of his benign favour, so acceptable to this Kirke, by the indiction of this Assembly, and production of the said declaration, and obtain his Royal approbation to the whole acts and proceedings of this Assembly, which is heartily wished, and would replenish the hearts of all good subjects with abundant joy and contentment. And first, where his Majesty hath discharged the Service Book, and Book of Canons, and practice of both, and all Acts, Proclamations, and ordinances made for establishing thereof, upon information that by the introduction of them, the subjects have apprehended the inbringing of Popery, & superstition to have been intended: Neither the discharge nor the ground thereof are satisfactory; Not the first, because as some Acts and Proclamations did serve for their establishing, so others gave them an high approbation, as fit means to maintain religion and beat down all superstition: And therefore though those which established them be rescinded, yet those which approved them do remain, and may bring forth other Acts and Proclamations for restoring them or the like hereafter, if these books receive not a public censure by the general Assembly as the only judge competent to bar them and the like in all time coming: Seeing Acts of Council, and Proclamations, are frequent and variable, and yet are no legal valid mean either to introduce or abolish any thing concerning the doctrine and discipline of the Kirke, wherein they neither can meddle nor secure the subjects, Next, seeing by the constitutions of this Kirke * But never without the authority of Us and Our Successors. the general Assembly hath only power to determine concerning the matters of Gods public worship; And that the framers of these books, who called themselves the representative Kirk, made them to be practised in sundry places of the country by their own authority, and that which they borrowed from † The confession of faith and band annexed, upon which their covenant is grounded, were enjoined at the first only by the authority of Our royal Father and his Council, and so these Books were commanded by as good Authority as those. the Lords of secret Council: Therefore it was most necessary that the same should be discharged by the general Assembly (the only true representative Kirk of this nation) for vindicating her just right from violent usurpation, and preventing the like in time coming; Not the second, for the subjects have just grounds of persuasion that the Prelates & their followers (the framers & followers of those books) intended the inbringing of Popery and superstition by the introducing thereof, because, 1. Many gross points of Popery and superstition are not only closely couched under the cover of ensnaring ambiguities (the most insinuating way of errors and best mask to superstition) but also expressly contained in the Books themselves; as was made manifest by sundry treatises read and considered in the Assembly, and is now so declared by the Assembly. 2. The framers and favourers of these Books in their sermons and conferences have vented sundry Popish errors, and approven Popish superstitions: which fully detecteth, and leaveth no doubt of their intention, in the introducing of Books so full of Popery and superstition. Secondly, the discharge of the high Commission by his Majesty's Proclamation or Declaration cannot be sufficient; because first, his Majesty declareth that he established the same for the ease and benefit of the Subjects, that justice might be administrate with the more conveniency and less trouble of the people, And now dischargeth it, because the subjects have mistaken his gracious intention: So that if the mistaking be removed, that which is conceived of itself to serve for administration of justice, with ease and benefit to the subjects, may be established upon pretention of the removeall of all such mistake. Secondly, though the acts and deeds made for establishing thereof be rescinded, yet the acts passed heretofore by the high Commission are not rescinded: And so the subjects censured by it, are still esteemed under these censures, as appeareth by the tenor of the Proclamation, wherein the Assembly is taxed, as consisting of some members that are under the censures of this Kirke, meaning the Bishop's censure in the high Commission. Thirdly, it being found contrary to the acts of Parliament, and acts of general Assembly, and extremely derogatory to them and all other subaltern iudicatories both civil and Ecclesiastical (which is made clearly manifest by a treatise presented to the general Assembly,) and it being devised and brought in by the suggestion of Bishops, as a mean whereby they might, and have unlawfully, tyranized over all the subjects, Therefore it is necessary that the Parliament and general Assembly, the highest civil and Ecclesiastical iudicatories that have been wronged, should by their several sentences utterly abolish it as unlawful and hurtful. Thirdly, whereas his Majesty dispenseth with the practice of Pearth Articles, dischargeth all from urging the practice thereof, freeth from censures for not urging or practising them, notwithstanding of any thing contained in the acts of Parliament, or general Assembly to the contrary, and is content 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: These cannot satisfy; because first, a dispensation with the practice, without a simple discharge, leaveth it still arbitrary to those who will practise, and so continueth the rent and distractions in this Kirke. Secondly, although his Majesty had discharged the practice of them by his Proclamation or Declaration, yet the subjects had not been put in security thereby, except the general Assembly (to whose trial they belong and were referred by all the subscribers of the Confession in March) do either repel the articles of Perth, or upon good reason declare that Assembly null, since his Majesty's Proclamation or Declaration is not a sufficient warrant to infringe an act of Assembly or Parliament made to the contrary. Thirdly, by tying the Assembly to take the same no further unto their consideration then to represent it to the next Parliament, the Assembly is both prelimitate (whereanent refers to the six reasons against prelimitation insert in our Protestation September 22.) and weakened in power, * It may not; and the holding of the contrary is a false and Jesuitical position. as if it might not judge and determine in matters merely Ecclesiastical without a licence from his Majesty, or a reference to the Parliament, whereas the general Assembly is supreme and independent in matters Ecclesiastical, as the Parliament is in civil; so that when the acts of Assembly are ratified in Parliament, the same is for adjoining the civil sanction to the Ecclesiastic constitution for the great terror of transgressors. Fourthly, anent the oaths administrate to Ministers at their entry, it hath not only been pretended, but is certain, and will be made manifest to the Assembly, (which also now is done) that oaths have been exacted different from that which is set down in the acts of Parliament, and in many several ways according to the pleasure of the Prelates: And where his Majesty declares that no other oath shall be required of a Minister at his entry, nor that which is set down in the act of Parliament, * A fearful proposition in deed it is, to hold Episcopal government to be an uncontroverted government, which hath continued in the Church ever since the time of Christ and his Apostles, without the least suspicion of controversy until within these few years. the same is of fearful consequence, because the act bears an oath to be given unto the Bishop by Ministers intrants, and so supposeth the office of a Bishop to be unchangeable and uncontroverted, whereby the Assembly is prelimited (against the reasons before mentioned) which may find that office useless and unlawful in this Kirk, and which now they have found upon most infallible reasons. Fifthly, that his Majesty assureth general Assemblies shall be kept as oft as the affairs of this Kirk shall require, doth not satisfy, because first, by leaving the time undefinite, it preiudgeth the liberty of the Kirke of holding yearly general Assemblies at least, and oftener pro re nata: ratified by the act of Parliament 1592. the disuse whereof hath been a main cause of our evils, which should be prevented in time coming, by renewing that ancient necessary custom and liberty: Secondly, by the same act of Parliament it is provided that the King, or his Commissioner being present, shall appoint the time and place of the next Assembly: And in case his Majesty or his Commissioner be not present for the time in the town where the Assembly is holden, it shall be leasome to the said general Assembly by themselves to appoint the time and place of the next Assembly, as they have been in use in times past: But this declaration not only leaves all indefinite but totally everts that power and liberty competent to them by law and custom. Thirdly, As it doth not determine how oft the ordinary effairs of this Kirke require an Assembly (which the custom of this Kirke and act foresaid evidently manifest to be yearly once at least) so neither doth it determine who shall judge when the necessity of extraordinary effairs require an Assembly pro re nata: whereas undoubtedly the Kirke will be most sensible of her own necessities, and is the most proper Judge of her own affairs: And therefore should have freedom to appoint her own times when she finds herself pressed with present exigencies, as his Majesty hath also power when he perceives any necessity requiring the same. Sixthly, whereas his Majesty is content that all the present Bishops and their successors be answerable to, and censurable by the general Assembly, it doth not satisfy; because, First, it bears a prelimitaon of the Assembly in the matter of trying that Office, and presupposes the continuance thereof by succession as unquestionable. Secondly, They have been formerly made censurable by the general Assembly in the straightest way that the Kirke could enjoin, or they could assure: And yet these thirty years they have shunned all censure (though all their actions deserved it) by procuring general Assemblies to be prorogate, and then suddenly indicted when they had cunningly prepared both persons and purposes to their mind: Likeas now they have by their Declinator refused to answer, and be censured by this present Assembly indicted by his Majesty, convened in the name of Christ, and perfectly constitute in the members thereof: And therefore it lieth upon this present Assembly to take some solid course, for securing the Kirk, in all time coming, against the prejudices of their former and frequent breaches contrary to their oaths given. Seventhly, whereas his Majesty requireth this present Assembly to subscribe this Confession of Faith formerly signed by his Royal Father 1580. and lately commanded by his Majesty to be subscribed by all his Majesty's subjects: The reasons contained in the Protestation September last 22. (whereto we adhere and repeats the same) do sufficiently evidence that we cannot subscribe the same: to which we add, First, that his Majesty's Commissioner hath declared to the Lords of Session when their subscriptions was required, that it might subsist with the innovations introduced since the year of God 1580. which * But they do not declare all the truth; for of twenty Lords of the Session, only four did it, but the rest who were present did the contrary. some of the said Lords then did, and all of us do now conceive to repugn to the genuine and true sense of the Confession of Faith as it was first made: Secondly, That his Grace hath protested diverse times in this Assembly, that nothing done or to be done therein prejudge the Archbishops and Bishops in their privileges, places, power and jurisdiction: whereby the declareth that these may subsist with the Confession of Faith, notwithstanding they be novations introduced upon this Kirke, contrary to the same, since the year foresaid, as is now found by the Assembly: Thirdly, That to the Assembly presently convened and perfectly constitute in the members thereof, it pertaineth properly according to the word of God, constitutions of this Kirke, and book of Policy, ratified in diverse Assemblies, to determine what is the true meaning of the Confession of Faith, and to make the same known to all the members of this Kirke, who thereafter without scruple or danger may subscribe the same. And although the Assembly could not find this Declaration satisfactory for these and the like weighty reasons, yet were they willing the same should be insert in their books for obedience to his Majesty's desire: and thankfully acknowledging his Majesty's pious affection to true Religion, and Royal resolution to defend the same and his subjects in the profession thereof, expressed in the closure of his Royal Declaration, they were confident that when his Majesty shall be fully informed that the novations introduced since the year 1580. are incomparable with the Confession of our Faith, he will be pleased graciously to vouchsafe his comfortable protection upon those, who (adhering to the true meaning of that Confession now fully cleared by the Assembly) have abjured all the innovations introduced, and by their great oath and subscription have bound themselves to maintain the true Religion, and his Majesty's person and authority in defence of the same. And thus true Religion being the channel which convoyeth both duties to their proper object, the evidence of God's image in our dread Sovereign his Depute shall be terrible to all the enemies of his Majesty, and of his loyal subjects who stand for the Confession of Faith, and the true meaning thereof, and shall raise up the affections of his Religious subjects towards his Majesty above all earthly respects. Anent Episcopal government, and the other general reasons. And where it is subjoined in the Proclamation that nothing was able to give contentment, except we were permitted to overthrow Episcopal government and to abrogate public Laws standing, and take away one of the three Estates, we are sufficiently cleared thereof by the Acts of the Assembly, abrogating, and abolishing Episcopal government in this Kirke for * The reasons contained in that Act are infallibly false. infallible reasons contained in the said Act, and also by our answer published to the Declaration emitted in the Commissioners name (which for brevity we forbear to insert herein) whereby we have sufficiently evinced that our proceedings are not contrary to the Laws of the Kingdom, or destructive of any lawful third Estate, and which part of the Proclamation doth close, with an undeserved imputation to our loyalty, bearing that for the like dangerous Acts so derogatory to Royal authority, and for others reasons importing true Monarchical government, the Commissioner was forced to dissolve the Assembly; but the same is so generally expressed, that it appears evidently to be done of plain purpose to make us hateful, which we hope will not work that end, unless some special Act of disloyalty or malversation could be specially condescended upon (which undoubtedly had not been omitted if it had been possible) otherways that dark cloud of general terms cannot obfuscate the pure brightness of our sincere intentions, unless our true representation of grievances, and earnest humble pressing legal redress thereof at his Majesty's hands, may deserve that aspersion in the eyes of these Counsellors, who think themselves obliged rather in absolute obedience, than a dutiful representation to their Sovereign of what is just and warrantable; wherein we appeal to all the world, if either our proceedings, or opinions be any ways derogatory to the true power of Monarchical government or his Majesty's authority, which we are obliged to defend with our lives and fortunes by our Covenant. Anent his Grace's intention to return. And where in the Proclamation, in that part thereof, anent the Commissioners discharge of the Assembly, is insinuate some expression of his grace's willingness to return the next morning to the Assembly, we declare that we were most sensible of the benefit of his Grace's presence, and received great contentment by that countenance of Royal authority in representation, whereof we would never have deprived ourselves, if we had had the least signification of any such intention: but the truth is, that having called ourselves to our best remembrances, we heard no word or expression tending that way; but by the contrary * Most false. we did humbly require his Grace to give in the reasons of his discontentment in writ, and to return the next day again, at which time we should give in sufficient answers thereto which might wipe away all his Grace's objections, and move him to continue his wished presence to that Assembly, whereat he had publicly professed he could no longer assist: but this being refused, and the Assembly discharged by him, we were necessitate to protest both that day and the day following upon the market Cross of Glasgow, and to show, that in conscience of our duty to God and his truth, the King and his honour, the Kirke 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 could not dissolve the Assembly for the reasons following: First, Anent our sitting still after the Commissioners discharge. for the reasons already printed anent the convening a general Assembly, which are now more strong in this case, seeing the Assembly was already indicted by his Majesty's authority, did conveen and is fully constitute in all the members thereof, according to the word of God and discipline of this Kirke, in 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 was done. Secondly, for the reasons contained in the former Protestations made in name of the Noblemen, Barons, Burgesses, Ministers, and Commons, whereunto we did then judicially, and do now actually adhere, as also unto the Confession of Faith and Covenant subscribed and sworn by the body of this Kingdom. Thirdly, 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 Kirke as it was then professed; but it is clear by the doctrine and discipline of this Kirk, that it was most unlawful in the self, and prejudicial to these privileges, which Christ in his word hath left to his Kirke to dissolve or break up the Assembly of this Kirke, or to stop and stay their proceedings in constitution of Acts, for the well-farre of the Kirke or execution of discipline against offenders, and so to make it appear that Religion and Kirke government should depend absolutely upon the pleasure of the Prince. Fourthly, because there is no ground of pretence, either by Act of Assembly, or Parliament, or any preceding practice, whereby the King's Majesty may dissolve the general Assembly of the Kirke of Scotland, far less his Majesty's Commissioner, who by his commission hath power to indict, and keep it secundum legem & praxim, but upon the contrary his Majesty's prerogative Royal is declared by Act of Parliament to be no ways prejudicial to the privileges and liberties which God hath granted to the spiritual office-bearers and meetings of this Kirke, which are most frequently ratified in Parliaments, and especially in the last Parliament holden by his Majesty himself; which privileges and liberties of the Kirk, 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. Fifthly, the Assemblies of this Kirke have still enjoyed this freedom of uninterrupted sitting, without or notstanding any contramand, as is evident by all the records thereof, and in special by * That Assembly is but one instance and a very reprovable one. The Ministers of the pretended Assembly at Aberdene did the same, and were most severely punished for it. 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 M. Robert Montgomerie pretended Bishop of Glasgow, Or otherways 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 M. Robert, to the final end thereof, and thereafter by letter to his Majesty did show clearly, how far his Majesty had been misinformed, and upon misinformation prejudged the prerogative of Jesus Christ and the liberties of this Kirke, and did enact and ordain that none should procure any such warrant or charge under the pain of excommunication. Sixthly, 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, and after frequent convention and formal constitution of the Assembly, in all the members thereof 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 Kirke and Kingdom, multiply the combustions of this Kirk, and make every man despair hereafter ever to see Religion established, innovations removed, the subject's complaint respected, or the offenders punished with consent of Authority, and so by casting the Kirke and Estate lose and desolate, would abandon both to ruin. Seventhly, it was most necessary to continue this Assembly, for prevening the preiudices which might ensue upon the pretence of two Covenants, whereas indeed there is but one: that first subscribed in 1580. and 1590. being a national Covenant and oath to God, which is lately renewed by us, with that necessary explanation which the corruptions introduced since that time contrary to the same, enforced: which is also acknowledged in 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 prejudices which may follow upon the show of two different Covenants and Confessions of Faith in one Nation, the Assembly could not dissolve before it had tried, found, and determined 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. And further in the said Proclamation, Anent our cytation of Counsellors. the strain of our Protestation is taxed, because we have thereby presumed to cite those of his Majesty's Council who have procured, subscribed, or ratified this Proclamation, to be responsal to his Majesty and three Estates of Parliament; whereas the same cannot be justly quarrelled, because it it is grounded upon the Law of the Kingdom, and warranted by the act of Parliament therein cited 12. act. Par. 2. James 4. which act is grounded upon good reason: for it were strange to think that Counsellors giving bad counsel, to the evident prejudice and ruin of the Country, and public detriment of the good Subjects, should not be countable therefore to his Majesty and his Estates; and it is not without instance in our Laws, that perverse counsel hath been given in misguiding the Kings and common good of this Realm, Act 6. Par. 1. James 4. which is also acknowledged by the reduction of grants made by Kings to these perverse Counsellors, act 3. Par. 4. and act 5. Par. 1. James 4. The perverseness of which misguiding counsel, hath been assuredly the cause why in the next Parliament in the year immediately subsequent, the King's Council was chosen in Parliament, and sworn in presence of the King and three Estates, and ordained to be responsal and accusable to the King and three Estates for their counsel: Which cleareth that both evil counsel may be given, and that the Council may be accused before the King and Parliament for malversation in their charge. Like as his Majesty in the Proclamation, makes all persons liable to the Parliament and general Assembly, and so giveth way to this previous cytation, which may serve for a forewarning and intimation that they may be accused if they be guilty, as we know all are not, and wish that none were. All which heavy objections and imputations are premitted in the Proclamation to the conclusion and command thereof, Anent the injunctions and Proclamation, and our answer thereunto. which resolveth into two heads; the first discharging obedience to the acts of Assembly, and liberating all, who shall disobey, from censure, and promising Protection to the disobeyers, and inhibiting all Presbyteries, Sessions of Kirks, Ministers within this Realm in their Sermons, Sessions, and meetings or any otherways, to authorise, approve, or allow the Assembly at Glasgow, or do any deed which may countenance the same, under pain to be punished with all rigour. And commanding all who shall hear them, to delate the same, under pain of the like punishments; likewaies straight charging and commanding all Judges within this Realm, Clerks, and Writers, not to grant or pass a bill, summoned, or letters, or any other execution whatsoever, upon any act, or deed, proceeding from the said Assembly; and all keepers of the Signet from Signeting thereof, under all highest pain. And the second head, commanding all Subjects to subscribe and swear the Confession commanded by his Majesty conform to the sense and meaning of the declaration published by the Commissioner, whereunto we need not here make any answer, but remits the same to a special answer, published in print made to that a They should do well to try if they can answer it, and the Queries of Aberdene better; for the common opinion is, that neither of them yet are answered at all. Declaration. But for the first, the same is so far repugnant to the word of God, practice of the primitive Kirke, the Laws Civil and Canonical, the custom of all Nations, the constitutions of our general Assemblies, acts of Parliament, practice of other judicatories within this Kingdom, to the Confession of Faith and discipline of this Kirke, as we cannot believe any such commandments to proceed from our gracious King, but from the malice and misinformation of our adversaries, the conscience of whose guiltiness affrighteth them to undergo their deserved censure, which is b All these texts of Scripture are profaned and abused; for no such thing can either possibly or probably be inferred from them. clear first, That the same is contrary to the Law of God, from that place of Scripture Mat. 18. wherein the Kirke is commanded absolutely to inflict censures. 1. Cor. 5. wherein the Kirke did execute that commandment. And the Kirks of Pergamus and Thyatira, are reproved for not executing Ecclesiastical censures against those who held the doctrine of Balaam, or of Jezebel, 2. Rev. So that the power of the keys in Ecclesiastical censures is so intrinsically and so essentially competent to the Kirk and general Assembly jure divino, as obedience to her decreets and executions thereof, cannot be suspended, far less taken away and discharged by humane authority, more nor the power of preaching and administration of the Sacraments. Secondly, it is contrary to the practice of the Apostolic and Primitive Kirks, whose constant practice was to execute the spiritual functions and censures; and, notwithstanding humane prohibitions, to obey God rather then man. Thirdly, It is contrary to the civil Law, si contra jus vel utilitatem publicam, vel per mendacium fuerit aliquid postulatum vel impetratum ab Imperatore. Et titulo de diversis rescriptis & pragmaticis sanctionibus. Fourthly, the same is contrary to the * It is well that they will cite the Pope his Law whom they call Antichrist; for when any thing is objected against them out of the Canon Law, it is usual with them to reject that as Popish and Anti-christian. Cannon Law decret. decretal. extravagan. titulo de rescriptis. Fifthly, it is contrary to the universal custom in all Nations ordaining their Judicatories to do justice, notwithstanding their Prince's prohibition, as is clear by Convarnvia in Spain, Pappon in France, Suedwyne in Germany, etc. upon the title de rescriptis aut constitutionibus principum. Sixthly, to the constitutions of general Assemblies, because in sundry general Assemblies upon complaints made that the King's Majesty and his Council by their letters offered some stop to the Kirk from going on in her Ecclesiastical censures, especially by act of the general Assembly convened in the new College of Sanctandrows 20. April 1582. it is ordained that none being received to any Ecclesiastical function, office, or benefice, seek any way by the civil power to exeme and withdraw themselves from the jurisdiction of the Kirk, or procure, obtain, or use any letters, or charges, either by themselves, or any other in their name, or at their command and instance, to impair, hurt, or stay the said jurisdiction, discipline, correction of manners, or punishment of their offences & enormities, or to make any appellation from the general Assembly, to stop the discipline, and order of the Ecclesiastical policy, and jurisdiction granted by God's Word to the office-bearers within the said Kirk, under the pain of excommunication summarily, without any process, or admonition to be pronounced by the judgement of the Eldership, by the Minister, or Ministers which shall be appointed by them, how soon it is known that any of the said's heads are transgressed; Likeas both the King's Majesty and his Council promised that none thereafter should have that cause to complain, as is manifest by the Act of Assembly at Montrose in July 1597. And in the Assembly holden at Saint Andrews, 24. April 1582. being charged with Letters of Horning not to proceed against Master Robert Montgomrie,; the Assembly did write to his Majesty that this discharge was extraordinary, as a thing that was never heard nor seen since the world began, and was directly against the word of God; and Laws of the Kingdom. And yet notwithstanding of the said charge the Assembly did proceed and excommunicate the said Master Robert. Further, In the Assembly at Edinburgh, the 27. of June 1582. Sess. 7. amongst the grievances presented by the Kirk to the King, The first is, That his Majesty by device of some Counsellors is moved to take upon Him that spiritual power and authority which properly belongeth to Christ as only King and Head of his Kirk, the Ministry and execution whereof is only given to such as bear office in the Ecclesiastical government of the same; so that in his Majesty's person some men press to erect a † Nay, but the pretended Assembly hath erected a Popedom, and for their authority go upon the same grounds, and use the very same arguments, and abuse the very same places of Scripture which the Pope and the learnedst Patrons of the Pope do for robbing of Princes of their Authority over all Ecclesiastical persons, and causes in their several Dominions: The words which next follow are mere babbling. Popedom, as though his Majesty could not be full King and Head of this Common wealth, unless alswell the spiritual as temporal sword be put in his Majesty's hands, unless Christ be rest of his authority, and the two jurisdictions confounded, which God hath divided, which directly tends to the wrack and overthrow of all true Religion, etc. And in the Assembly holden at Edinburgh in Octob. 1582. Sess. 15. Summons are direct by the general Assembly against the King's Advocate, for drawing up the King's Proclamation of that strain. 7. The foresaid command is also contrary to the Acts of Parliament: because as the Acts of Parliament appoint every matter for its own judicatory, and to all Judicatories their own freedom, so much more doth this liberty belong to the national Assembly, being the supreme judicatory Ecclesiastic of this Kirk, and only competent Judge in matters so important, and so nearly concerning God's honour and worship immediately, the salvation of the people's souls, the settling of the purity of God's worship, the purging away the corruptions thereof, and right constitutions of the Kirk, whose liberties and privileges are confirmed, Parl. 12. King James 6. and Parl. 1. King Charles. Likeas by the 12. Par. 114. Act K. James 6. ann. 1592. the liberty and discipline of the Kirk, especially in her Presbyteries and Assemblies, are fully and firmly ratified, with declaration that the Act of the King's Majesty's prerogative Royal over all Estates and persons, shall no ways be prejudicial to the privileges which God hath given to the spiritual office-bearers in the Kirk, concerning heads of Religion, matters of heresy, excommunication, collation, and deprivation of Ministers, or any such like essential censures, especially grounded and having warrant of the word of God, with full power even to the particular Presbyteries to put order to all matters and causes Ecclesiastical within their bounds, according to the Discipline of the Kirk. 8. The Lords of Council and Session by Act 92. Parl. 6. King James 6. are ordained to proceed in all civil causes intended or depending before them, or to be intended, and to cause execute their Decrees, notwithstanding any private writing, charge, or command from the King's Majesty, or His Council in the contrary, and by the 47. Act, 11. Parl. King James 6. all licences and supersederees purchased from his Majesty, are discharged as contempt done to the Law, as great hurt to the lieges, and contrary to justice, and declareth the same to be null of the Law, and not admissibly by any judge, nor effectual to the purchaser any ways, and ordaineth all Judges within this Realm to proceed and do justice, siclike and in the same manner as if the said supersederees and licences never had been purchased nor produced. Like as by the 106. Act Parl. King James 6. all licences granted by his Majesty to hinder the execution of Acts against Papists and other adversaries of the true Religion are discharged and declared to be of no force. According to which it hath been the ordinary custom both in Civil and Ecclesiastical Judicatories (notwithstanding of privy warrants or prohibitions contrary to Law which commonly are impetrate from his Majesty upon misinformation) to proceed and minister justice. 9 To discharge obedience to the Acts of the Assembly, stop the execution thereof, protect and defend such as are delinquents and under the Kirks censure, doth directly repugn to the large Confession of Faith of this Kirk. Wherein cap. 19 the third mark of the true Kirk is affirmed to be upright, ministration of Ecclesiastical Discipline, as God's word prescribes, for establishing good order and repressing of vice: and so no more can be impeded nor justly taken from the Kirk then any of her other two marks viz. The right preaching of the word and ministration of the Sacrament: And therefore in the Oath at the King's Coronation, he sweareth to maintain this Confession, and these three marks of the Kirke, and particularly that he shall be careful to root out of his Empire all Heretics and enemies to the worship of God, that shall be convict by the true Kirk of God of the foresaids crimes. 10. In the short Confession of Faith sworn, 1580. and 1590. and renewed by the greatest and * By the greatest, but the worst part of the Kingdom. best part of this Kirk and Kingdom, with an explication renewed also at his Majesty's command by his Council, all are bound to continue in obedience of the Doctrine and Discipline of the Kirke and defend the same according to their vocation and power. So that seeing this general Assembly hath proceeded in their Constitution, Acts, and whole proceedings according to the Discipline of this Kirk of Scotland 1580. and 1590. contained in the second book of Discipline: which in both these years were ordained to be registrate and sworn to by all the Ministers of this Kirk, as the Discipline thereof, and wherein the Civil and Ecclesiastical jurisdiction are so clearly distinguished in the 1. c. l. 2. as the power of the sword may no ways stop or impede the power of the keys: and in the 7. c. the Eldership and Assemblies hath power to execute Ecclesiastical punishment upon all transgressors and proud contemners of the Kirk: and in the 10. c. the office of the Christian Magistrate is described to assist and maintain the Discipline of the Kirk, and punish those civilly who will not obey the censures thereof, without confounding always the one jurisdiction with the other: and this order of Ecclesiastical Discipline, condescended upon in general Assemblies, as warranted by divine authority to be execute notwithstanding any humane inhibition, is set down before the Psalms in meeter: and therefore we can never expect that his Majesty, who out of his pious inclination to justice by a late Proclamation 22. September last hath declared and ordained that all His subjects both Ecclesiastical and Civil shall be liable to the trial and censure of general Assembly or any other judicatory competent, will now stay the execution of the * The sentences of this pretended Assembly were most unlawful, light, and mad sentences. lawful and grave sentences of this national Kirk, so comfortable to us, and so necessary for maintaining the purity of Religion: which his Majesty in the end of the Articles before mentioned hath promised to defend, and His subjects in the profession thereof, which is incompatible with the defence of excommunicate and obstinate persons. But therefore we are assured that his gracious Majesty will be pleased to allow that reverence and all ready obedience may be deferred to the whole Acts, Constitutions, and censures of the said general Assembly, by all His subjects, who undoubtedly and necessarily are obliged to obedience of all the lawful commands and injunctions of the mother Kirk if they would be accounted members or sons thereof. By all which * It seems indeed that these reasons are wrapped up in a cloud, for both they are so dark as they cannot be discerned, and they do portend a storm, but have no weight in them at all. cloud of weighty reasons the warrantableness of our just proceedings doth evidently appear, notwithstanding of all the arguments of challenge adduced against us in the said Proclamation: And therefore for these and many other reasons, We the members of this Assembly, in our own names, 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 a These particular Protestations are the very same formerly made by them, and so often repeated even unto tediousness; and therefore the Reader needeth not to be troubled any more with them. 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: And we attest God the Searcher of all hearts, that our intentions and whole proceedings in this present Assembly have been and shall continue according to the word of God, the Laws and constitutions of this Kirk, the Confession of Faith, our national Oath, and that measure of light, which God the Father of light hath granted unto us, and that in the sincerity of our hearts, without any preoccupation or passion. That it was and is most lawful and necessary for us to fit still and continue in keeping this present Assembly indicted by his Majesty, until after conclusion of all matters it be dissolved by common consent of all the members thereof, and that for trying judging and censuring all the bygone evils, and the introductors, and providing a solid course of the continuance of 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 Kirk. 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 (whereof the general and principal Acts are to be published,) are in the self, and should be reputed, obeyed, and observed, by all the subjects of this Kingdom, and members of this Kirke, as the Acts, sentences, constitutions, censures and proceedings of a full and free general Assembly of this Kirke of Scotland: And to have all ready execution, under the Ecclesiastical pains contained or to be contained therein, and conform thereto in all points, and such like, that whosoever presumeth to utter any undutiful speech against the same, may be duly censured and condignly punished. We protest that all and every member of this reformed Kirk efoldly and faithfully join and concur in their several callings and stations, to advance further and assist the execution and obedience of the whole Acts of this Assembly, by all means which their ability can afford, as they affect the advancement of God's glory and the work of reformation in this land. We protest against all the challenges and aspersions laid upon us in the said Proclamation, and that our whole answers are not only true in every point, but likewise sufficiently forcible to deliver us from all unjust imputations, and to justify the lawfulness and necessity of our whole proceedings and carriage, which hath been so unreasonably blamed. Likeas by these presents we summoned and city 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. Parl. 2. King James 4. And protest for remead of Law against them and every one of them. We protest that it is, and may be lawful unto us to defend and maintain the Religion, Laws, and Liberties of this Kingdom, the King's authority in defence thereof, and every one of us another in that cause, according to our power, vocation, and Covenant, with our best counsel, bodies, lives, means, and whole strength, against all persons whomsoever; and against all external, and internal invasions, and that in the obedience and observance of the Acts of this Assembly and national mother Kirk. That whatsoever inconvenients shall fall out by impeding, molesting, or staying the observance and obedience due to the Acts, Ordinances and Conclusions of this Assembly, or execution to follow thereupon, that the same be not imputed unto us, or any of us in our lawful defence and maintenance thereof, who most ardently desired the concurrence of his Majesty's Commissioner to this lawful Assembly, and do yet still with humble vehemency beg his Majesty's gracious approbation thereunto, but on the contrary that the Prelates and their adherents, who have protested, and declined this present Assembly, in conscience of their own guiltiness, not daring abide to any legal trial, and by their misinformation did move the Commissioner his Grace to depart and discharge this Assembly, be esteemed, repute and holden (as they truly are) the disturbers of the peace, and overthrowers of the liberties of the Kirke, and guilty of all the evils which shall follow hereupon, and condignly censured according to the greatness of their faults and Acts of the Kirke and Realm. We protest that none hereafter subscribe the Covenant formerly subscribed by the Commissioner his Grace in Council, as they will eschew the danger of a contradictory Oath, but that all & every one subscribe the Covenant renewed in February last, And that with this sense, meaning, and condition, that they subscribe the same conform to the determination and declaration of this Assembly at Glasgow allanerly. We protest that as we adhere till all former Protestations and every one of them made in the name of the Noblemen, Barons, Gentlemen, Ministers, and Commons respectiuè for the time, So we may have his Majesty's royal approbation to this present Assembly, whole Acts and constitutions thereof, and all our proceedings and behaviour in this business, which we assuredly expect from his Majesty's imbred piety, justice, and bounty, notwithstanding the sinistrous, untrue informations, whispered in his Royal years in the contrary. Upon all which Premises and Protestation foresaid (which is the same with the former made by us at Glasgow, the 29. of November last, but so far differing as was necessary for answer to the new additions contained in this Proclamation; and clearing us of the aspersions wherewith we are changed therein, which we might lawfully do, having protested for this liberty in respect of our surprisal) one certain number of all qualities and ranks for themselves, and in name foresaid, asked instruments. This was done in presence of a great confluence of people upon the market cross of Edinburgh the 18. day of December. FINIS. Revised, according to the ordinance of the general Assembly, by me Master Archibald Jhonston Clerk thereto. At Edinburgh 8. Jan. 1639. NOt long after this Our Proclamation and their Protestation, Our Commissioner (seeing all things tending to a present rupture) begun his journey according to the leave which We had granted him for his return: After which time, and ever since, they have throughout the whole Kingdom by threatenings made the Acts of their unlawful Assembly to be received, in many places have persuaded the reception of them by force and arms, have levied soldiers, and imposed taxes upon Our subjects for payment of them, have required of Our Judges or Lords of the Session to approve their Acts, though none of them consented to it, have threatened and menaced them for refusing of it, have raised diverse fortifications in Our Kingdom, have blocked up Our Castles and Forts, and now at last forcibly taken Our Castle of Edinburgh, have at home got their Preachers most seditiously and rebelliously to teach Our people, that there is a necessity of their carrying arms against Us, under pain of perjury and damnation, have scattered abroad, especially here in England, divers infamous Libels justifying their own wicked and rebellious courses, inciting Our people here to attempt the like rebellion, and to deface Our Ecclesiastical government. When the contrivers of that wicked Covenant first framed and devised it, and persuaded others who were well persuaded of their piety, to enter into it, We dare appeal even to their own consciences whether they did ever make the seduced people acquainted with their intentions of abolishing Episcopal government, & introducing of lay-Elders▪ which are the only two things they make the seduced people believe they now stand upon: And We do wonder there should be any man found in the world, who can hold it a sufficient warrant for Our subjects to take arms against Us their lawful Sovereign, because We will not give them leave to abolish some things which stand fully established by Our Laws and Acts of Parliament of that Kingdom, and to introduce other things which are interdicted and prohibited by the same: But much more have We reason to think Our subjects did them no whit believe that (though We should relieve all their grievances, just or pretended, as now We have done) they should yet be forced to acts of rebellion, and carrying of arms against Us, as now they are. But such hath ever been the constant course of the Heads of all rebellions, to engage their followers by degrees, to conceal from them their main and wicked ends, which being at the first discovered, would be abhorred and detested, until they have gone on so far in following their Leaders, as afterward they are easily persuaded by them, that there is no hope of pardon left, and so nothing but danger, if they shall offer to retreat: The very same course hath been held in this rebellion for seducing of Our subjects of that Kingdom. The specious pretence used by the contrivers of the Covenant to the people was Religion, but that which was intended by them was a Rebellion, grounded upon the discontents of some few: And the very means whereby they have fomented their factious ways, and kept up in Our people a belief that they intended only Religion as they pretended, have been the very same which have been usually practised by other discontented mutineers. But yet We find, that the principal means used to foment this Rebellion by the Heads of it, have been these three. First, the seditious prayers and sermons of some Preachers suborned by them for that purpose, who made the people still believe, that all they said was Gospel, and they crying up in their Pulpits that Covenant, and most bitterly exclaiming against all opposers of it with the most vile and reproachful terms they could devise, wrought the people to an incredible good opinion of all that favoured the Covenant, and a bad one of all those who opposed it: So that such things were delivered in their Pulpits, as cannot be related without both shame and horror. One of them upon Our Commissioners coming home, prayed God to deliver them from all crafty compositions. Another refused to pray in the Church for Sir William Nesbett late Provost of Edinburgh, when he was lying upon his deathbed, only because he had not subscribed the Covenant. Another prayed God to scatter them all in Israel, and to divide them in Jacob, who had counselled Us to require the Confession of faith to be subscribed by Our authority. Many Ministers would not admit to the Communion those who had not subscribed their Covenant, but in their exhortation before it, barred them in express terms with adulterers, slanderers, and blasphemers, etc. Others would not suffer children to be baptised in the Churches of those Ministers who were not of the Covenant, though they were their own Parish Churches, but carried them sometimes many miles to be baptised by Covenanting-Ministers. One preached, That all the Non-subscribers of the Covenant were Atheists; and so concluded, That all the Lords of Our Council, and all the Lords of Our Session were such: for none of them had subscribed it. Another preached, That as the wrath of God never was diverted from his people, until the seven sons of Saul were hanged up before the Lord in Gibeon; so the wrath of God would never depart from that Kingdom, till the twice seven Prelates (which makes up the number of the Bishops in that Kingdom) were hanged up before the Lord there; which is extreme, foul and barbarous. Another preached, That though there were never so many Acts of Parliament against the Covenant, yet it ought to be maintained against them all. Another delivered these words in his Sermon: Let us never give over till we have the King in our power, and then He shall see how good subjects we are. Another in his Sermon delivered this, That the bloodiest and sharpest war was rather to be endured then the least error in doctrine or discipline. Another in his Sermon wished, That he and all the Bishops in that Kingdom were in a bottomless boat at sea together; for he could be well content to lose his life, so they might lose theirs. Thousands more such beastly, barbarous and profane speeches were delivered by them, not only in their Pulpits, but in their Sermons: For the Reader must know, that in these times of tumult, where the Churches were not able to contain the great multitudes, they did usually preach in common and profane places, in rooms which are yet in building, and not finished (intended for Lawyers to plead in) in the Halls of the Tailors, and other mechanical tradesmen of Edinburgh, in some private houses, in the Hall of the College of Edinburgh, where one Sunday Rollock being to preach, but finding the crowds of people to be too great for that place, mounted upon the top of a pair of stairs which went up to an upper ground, in an open place which was only covered by the heavens, and from thence preached to a great troop or multitude, whose breath is the only air he desireth to live in, being shot quite through the head with popularity. Others preached in the free-school at Edinburgh, where boys use to play and be punished. If these speeches, and many as bad or worse than these, and delivered in such places, be fit to persuade the people that their Covenant comes from God, the Reader may easily discern. The second means which they used for blind-folding the eyes of the people, were, their many false reports, which both in their Pulpits and out of their Pulpits they vented amongst the people, which their Leaders knew in their own consciences to be most false. They gave it out, that We intended to bring in Popery in all Our Kingdoms, or at least a toleration of it. It was preached that the Service Book was framed at Rome, and brought over by a countryman of theirs; when they do know that every Papist by the Pope's Bull is prohibited to hear the Service Book read. Others preached that all England was of their opinion and judgement, and that they had good intelligence from hence, that no man would adhere to Us against them. Another preached that no man would have protested against the general Assembly but for money, and that none had protested but they who had received some, when they did know that many had protested who had received none. It is true indeed, that some poor Ministers being thrust out of their Benefices by them for adhering to Us, were petitioners to Our Commissioner for relieving the necessities of them and their families; some of those who were most necessitated, he did a little relieve; but some of that number were none of the protesters, and many who were protesters were none of that number. It was preached ordinarily in their Pulpits, that neither We nor Our Commissioner in Our name did ever intend to hold the general Assembly, or if We did hold it, did never intend to perform any thing which We had promised in Our gracious Declaration; though they now know that We have performed both. Within these few days some desired the people publicly in their Pulpits to give thanks to God for that overthrow which the Hollanders had given to the Spanish Fleet before Dunkirk; assuring their auditors that it was no less to be celebrated by them, than their deliverance from the Spanish Invasion in 88 because all that Fleet was prepared at Our charge, for their ruin and subversion: Besides many thousands more such reports and counterfeited letters scattered by them, of which some no doubt were devised by themselves, whereby they kept Our people in that ignorance in which at the very first they had resolved to involve them. Now what a fearful and terrible thing is it for men in the house of God, and in those places of these houses of God which they call the chairs of truth, to deliver such things as either they do not know to be true, or do know to be false? Besides these dictates of the Ministers, the lay-Elders, since they came to think themselves Ecclesiastical persons (for so now they do, and will not be called lay, but ruling-Elders) they have found new inspirations, and delivered doctrines as like their Divines as may be: one of them We cannot choose but rehearse. An ancient Knight and a lay-Elder intruded himself and his fellows upon a Presbytery for choosing the Ministers Commissioners for the Assembly; and the Ministers of that Presbytery not being able to keep them out, though they earnestly desired it, fell to entreat these lay-Elders, that if they would needs intrude themselves in their election, they would have a special care to choose the ablest Ministers, and who were most inclined to moderation and peaceable courses, because the Church at this time stood in great need of such Commissioners: The old Knight in great zeal replied, That whosoever at this time gave his voice to a moderate or peaceable minded Minister, he was a betrayer of Christ and his cause; because these times required no lukewarm Commissioners: which barbarous and unchristian speech of his being related by way of complaint to the Tables at Edinburgh, was so far from being censured, as it was approved for a high and heroical ejaculation. The third means whereby they have perverted Our people, and continued them in their disobedience to Us and Our Laws, have been their strange and damnable positions, whereby they have empoisoned Our subjects; some whereof We shall now declare unto you. First, What subjects do of their own heads is much better than what they do in obedience to Authority; the one savouring of constraint, but the other being voluntary and cheerful obedience. This proposition is delivered in their Protestation, bearing date the 22. of September, 1638. made against Our gracious Declaration; it is in their fifth reason against the subscription to the Confession of faith urged by Us. A second, The Parliaments power doth no more reach to the placing of Officers originally in the Church, than the Church hath power to make Statesmen in the Commonwealth. This position is in their answer to Our Commissioners Declaration, concerning Our sense and meaning, in commanding the Confession of faith to be subscribed: Where they have added the word Originally only to puzzle the Reader: For certainly their meaning must be, That the Parliament hath no power for confirming of Officers placed in the Church by the Church itself; for no Act of Parliament in that Kingdom doth make any Officers in the Church originally, but only ratifieth and confirmeth such as were established by the Church in her general Assemblies. A third position is this: The Parliament can make no law at all concerning the Church, but only ratify what the Church decreeth: and after it hath ratified it, yet if the Assembly of the Church shall prohibit it, and repeal that decree of the Church, all the subjects are discharged from yielding obedience to the Act of Parliament, which either made any such law, or ratified any such decree of the Church. This position they deliver in their answer to the 5. reasons in the said Declaration; and would be well weighed. A fourth position is this: The Assembly hath power to discharge all subscription to the confession of faith commanded to be subscribed by Us, and as it is interpreted by Us or Our Commissioner; so leaving Us no power at all in Ecclesiastical causes, which all Reformed Churches give their Princes, according to Gods Law. This position is in the same place in their conclusion of their answers to the five reasons. A fifth position is this: The Assembly without Us is the Church, and the only Judge competent fit to interpret and explain all doubts arising upon the confession of faith commanded by Us; which they put in practice, by explicating Our confession of faith against Our own meaning, and after We had dissolved the assembly. This position is set down in the beginning of their conclusion after their answers to the five reasons. A sixth position is this: Though the Law be interpreted, yet if it be interpreted in a sense disliked by most of the Kingdom, the body of the Kingdom, for whose good the Law was made, may crave the lawful redress of the grievances sustained by that Law. This position is in the fifth of their ten Articles propounded before the indiction of the assembly. A strange position, that they shall crave redress of a Law, and before a Parliament which only can redress it; and though they call it a craving to redress it, yet they mean an actual redressing of it: for they (before a Parliament was at this time indicted) have actually done many things against Acts of Parliament, and stand upon their justification that they may lawfully do so. The seventh position is this: The Assembly is independent, either from King or Parliament in matters Ecclesiastical. This position is in their Protestation against Our Proclamation of the 18. of December 1638. in their third reason against Our gracious offers delivered into the Assembly by Our Commissioner; and is a position delivered not only in the sense, but in the very words of the Jesuits. The other positions following, generally dispersed throughout their Protestations and Pamphlets, are so obvious to any one who hath read them, as the particular cytation of them may be forborn; such as are these following. An eight position is: That in all matters determined in an assembly, We are to receive them as the son of the Church, and have no further interest in them, though they be not matters of faith but matters of government, and those concluded by them against Acts of Parliament established by Us and Our three Estates; nay, though they concern secular business, as making of Salt, and fishing for Salmon on Sundays, changing of Markets from one day in the week to another, and such like: for in their late pretended Assembly they have determined of many such things, as doth appear by the Index of their Acts. They will not find many Papists who have said so much for the Church of Rome, nor any Jesuits which have said more. A ninth position is this: It is lawful for subjects to make a Covenant and combination without the King, and to enter into a band of mutual defence against the King and all persons whatsoever, though by two Acts of Parliament before cited, all such persons as shall be found either contrivers of, or adherers to any such league, are punishable with death. A tenth position is this: That it is lawful for themselves sitting in an assembly, to indict a new assembly without Our consent, as they have now indicted a new assembly to be held in July next; or out of the assembly when they please, as they professed that now they would have done, if We had not indicted one, though this be directly and expressly against two Acts of Parliament before cited. An eleventh position is this: If subjects be called before Us and Our Council for any misdemeanour, if they who are called do any way conceive that the matter for which they are called, doth concern the glory of God, or the good of the Church (and a wonder it is if any cause can be found which doth not concern one of these two) than they may appeal from Us and Our Council to the next general Assembly and Parliament; and in the mean time, before these appeals be either heard or discussed, they may disobey Us and Our Council, although by an Act of Parliament before cited, it is expressly made treason: and the Ministers who appealed from Our Royal Father and his Council, were upon that Act arraigned and found guilty of treason. The twelfth position is this: That when We are entreated to indict a general Assembly, it is not that there is any need of Our indiction, but rather to do Us honour, and to beget some countenance to their proceedings; alleging that the power of indiction is in Us but cumulatiuè, not privatiuè, which if We shall refuse, than that power is suppletiuè in the collective body of the people, as it is always (say they) in all other cases, if the Prince shall either neglect or refuse to do his duty: Nor are they ashamed to aver, that all Sovereign authority was originally in the collective body of the people, by them conferred with their own consent upon the Prince; and therefore, if the Prince shall omit to do his duty, he either falls from his right, or his right is interrupted, until he return to his duty: but that in the mean time the Sovereign right and authority doth return to, and remain with the people, from whom it was at the first derived upon the Prince: A pretty matter it were if Prince's Crowns and Sovereignty's should depend upon such notional and pedantical distinctions, and wonder it is that these men who profess themselves to be the greatest enemies to Popery in all the World, should borrow the very words and terms of this ridiculous distinction from the Jesuits; which distinction, if it had ever been used in those primitive and purest Counsels of the Church; all of which were only called by the Emperors, and in which all matters were ordered and disposed by their Precedents and Deputies, it would have made those Emperors out of love with the Counsels and Assemblies of the Church: But they were never robbed of that special prerogative of their Crown until the Bishops of Rome by their tyranny and usurpation, and by animating and arming their own subjects against them, dispossessed them of it: And now We and Our Successors being repossessed of it again by the Laws of that Our Kingdom, and the usurpation of the Pope, in that very particular, being by many of Our Acts of Parliament excluded, wonder it is to see these men take upon themselves that usurped and cashiered Papal authority. The thirteenth position is this: If We or Our Commissioner sitting in Assembly shall deny Our voice to any thing, which to Us appeareth to be unjust and repugnant to Our Laws, yet if that shall be concluded by most voices of the Assembly, that then We are bound jure divino to see all these conclusions made in despite of Us, obeyed by all Our subjects, and by Our authority to enforce obedience to these Acts; and if Our Councillors or Judges shall refuse to do the like, than they shall be liable to the sentence of Excommunication, and so be deprived not only of their places, but of their estates: A position to which We suppose they will never gain the consent of Princes, or Magistrates put in authority under them. A fourteenth position is this: An Assembly may abrogate Acts of Parliament, and discharge Our subjects from obedience to them, if they any way reflect upon business of the Church; which We wonder that the Nobility, Gentry, and Burrowes can endure: for as it doth derogate principally from Our authority, so doth it proportionably from theirs when they are assembled in Parliament: and indeed it is to be wondered at, how any man that is acquainted with government can endure it: for it destroyeth not only the nature, but the very name of the high Court of Parliament; for how can that be called the Highest Court of the Kingdom, if a general assembly may rescind the acts of it? And that power which may repeal one act of it may repeal more, nay all acts of it, when it shall be pleased to exercise that power, and say it is in order to the glory of God and the good of his Church. A fifteenth position is this: The Protestation of subjects against Laws established, whether it be made coram Judice, or non Judice, before the Judges of the people, or the people themselves who are borne to be judged, doth void all obedience to these Laws, and dischargeth all the protesters from any obligation to live under them, before ever these Protestations and the validity of them shall come to be discussed before the competent Judges of them; nay, although they be repelled by the Judges before whom they are made: all which (since these troubles begun in that Kingdom) have been usually practised by the Covenanters, who having sometimes made Protestations against Our Laws before Our Council, sometimes before Our Commissioner, sometimes before the Lords of Our Session who repelled them all, than they made them before the people their own associates in the public Market-places, and by that means held these Protestations sufficiently admitted, and themselves discharged from obedience to all these Laws against which they protested, alleging (perhaps) that they were unjustly and unduly enacted: which course, if it may be allowed in any Commonwealth, and that Protestations before they be discussed, may discharge subjects from obedience to Laws, what subject will yield obedience to any Law, by which he findeth himself pressed or inconvenienced, when the remedy of a Protestation, whether admitted or not admitted, is so ready at hand? A sixteenth and last position is this; which indeed is the worst of all: for it is both the mother and nurse of all the rest, and is such a shameful one, that they have not printed it in terminis; but it followeth by an unavoidable consequence upon many of their printed positions, as all of them do follow upon, and flow from it: And the practice of it is so current with them, as it appeareth almost in every one of their particular actions; And it is thus: A number of men, being the greater part of the Kingdom, because they are the greater, (and in that sense (say they) the more considerable part) may do any thing which they themselves do conceive to be conducible to the glory of God, and the good of the Church, notwithstanding of any laws standing in force to the contrary; and that this greater part, especially met in a representative assembly, may, without the authority of Us, against the express commandment of Us and Our Council, and Our Judge's declaration of it to be against the laws of Our Kingdom, choose some few Noblemen, Gentlemen, Ministers and Burgesses, who, under the name of Committees or Commissioners from the general assembly, to be chosen from assembly to assembly, shall sit and determine of things concerning the Church and State, as if there were neither King, Council, nor Judge in the land. They complain of a High Commission erected by Us and Our authority, but whether this be not a higher Commission than that, We leave it to every impartial judgement. They answer for themselves only this, That they do it as being put in authority by the general assembly, which is (say they) a Court independent from Us, and therefore may erect what Court it will without Us, and may appoint what Commissioners it will to sit for that Court, so they meddle with nothing but Ecclesiastical business: But let the Reader consider how many wicked and insufferable absurdities this their answer carrieth along with it. First, By what authority did they do the same things which they now do, before the assembly was indicted? They could not be then Commissioners from the general assembly. Next, Who gave the general assembly power to erect any such Table of Commissioners? They found themselves aggrieved with the high Commission established by Us, upon this ground, that there was no such Court established either by acts of general assembly or Parliament: And now We desire them to show any act of Parliament giving the assembly power to erect any such Table of Commissioners. Thirdly, in the erection of this Table, they outdo any thing which yet hath been either said or done by the Jesuits in defence of the Church's authority, and the authority of her visible Head over Kings and Princes: for they did never yet affirm, that the Ecclesiastical authority could be exercised but by Ecclesiastical persons: but these men do hold, that Noblemen, Gentlemen, and Burgesses may execute this authority: But they say, they do not exercise it as any such lay-men, but as ruling-Elders, and so in the capacity of Ecclesiastical persons; But can there any child be found who will not laugh at this, if ever he have heard but the common names of Churchmen and Laymen? Can these two be confounded? Can the calling of a man by the name of an Elder make him an Ecclesiastical person, if by his place and calling he is never to discharge any office of a Churchman? They have declared it to be unlawful for Bishops to have voices in Parliament, Council, or any secular judicatory, because these places are incompatible with the places of Ecclesiastical persons: And shall not lay-people be as incapable at least to meddle with Divine and Ecclesiastical businesses? Or if they shall, then let these Ecclesiastical Elders renounce their places in Parliament and other secular Courts of justice, and become ruling-Elders only. Fourthly, they allege that they meddle only in Ecclesiastical causes; Although it be unlawful for them to do that, yet it were the more tolerable, if they did as they say: but they do make good what they say, by telling the world what they mean by things Ecclesiastical, and their meaning they do express in the very terms of the Jesuits; for by Ecclesiastical, they mean, as their practice showeth, any thing which is in ordine ad Ecclesiastica: nay more, in ordine ad Spiritualia, whatsoever may be thought conducible to the good of the Church, or to any spiritual good, and yet more vastly to the glory of God; by which latitude of the word Ecclesiastical, We would know what they have left without the compass of their cognisance. Just nothing: For in this sense they may set the price on victuals, they may censure the actions of all men in what kind soever, because Saint Paul biddeth us, Whether we eat or drink, or whatsoever we do, do it all to the glory of God. And truly, from this false and Jesuitical interpretation of this word Ecclesiastical, have issued most of all their acts of sedition and rebellion: They have provided arms for Our subjects, they first blocked up all Our Forts & Castles, and since have taken them, stopped Our Officers from carrying victuals or ammunition into them, they have raised Forts, taxed Our subjects, levied soldiers against Us, not only turned Us out of the possession of Our Castles, but, so far as in them lies, defeated Our title to them, by declaring that they are not Our Castles but the Kingdoms; they have encroached upon the undoubted bounds and marks of Our Sovereignty, by sending warrants to Our Sheriffs for choosing Commissioners for the Shires for the next Parliament; they have discharged Our own Printer for printing any thing which concerneth these troubles, or may make against them, though commanded by Us and by Our Council, so that if We have any thing to print there, We must first be a suitor to Jhonston their Clerk for his hand to it, else it cannot pass; they have enjoined or at least suffered the Preachers of their own side to pray and preach most bitterly against Us and Our authority: those Preachers who continued in their loyalty towards Us, they have most unjustly against Our laws deprived of their Benefices, and most unmercifully and unchristianlike exposed them to misery and beggary, they have most contemptuously and rebelliously used Our Counsellors and Judges: When they are asked, why they do these things, and by what authority they do them: To the first they answer only, That they do them for the good of the Church, and the glory of God, that Religion may be preserved, the honour of God maintained, and his glory increased: Who would think that there should be men found in the world, who call themselves after the name of Christ, and invocate the name of God, and yet dare profane and abuse the names of Religion, God; and his glory, and to entitle those glorious names to such lewd actions of treason and rebellion, as can proceed from none but the Devil? To the second: By what authority they do these things, which are expressly against the Acts of Parliament, Acts of Council, and Acts of general Assemblies? They answer, that these Acts of Assembly were unduly obtained, and that now they have rescinded them. For Acts of Parliament and Acts of Council, they express great wonder and admiration, that any man should question their authority over them: For that question they use to answer with another of their own, viz. Whether any man doth hold Christ or Us to be supreme? and being answered that Christ is supreme, than they conclude, That they being his Council must likewise be supreme; That the Parliament is but the Council of the Kingdom, That Our Privy Counsellors and Judges are but the Council and Judges of the King; but that they themselves are the immediate and independent Counsellors of, and Judges under Christ, who is the King of all kings and kingdoms; and that therefore in all causes which they conceive to concern Christ and his Kingdom, which is his Church, they are supreme and independent, above Us, Our Parliament, Our Council, Our Judges: And that if Our Counsellors or Judges do not obey their commandments, they will proceed to the sentence of Excommunication against them, and by the same reason (though as yet they have not said it) they may proceed against Us with the same sentence: for We acknowledge Christ to be the supreme King, as much as Our Counsellors and Judges do acknowledge him to be the supreme Lord and Judge. These furious frenzies have not been heard of in the world, since the Anabaptists madness reigned in Germany in Charles the fifth his time, which was most strongly and vehemently opposed by the Protestant Princes, who adhered to the Augustan confession, and if Luther and Melancthon, whom God used as the chief instruments in reforming the abuses of the Church of Rome, had not showed themselves in their Sermons, Lectures in the Universities, and public writings which they published, stout Champions against them, and thereby had drawn all Protestants to detest and persecute them, undoubtedly the Reformation of the Church, falling out to be about the same time when these Anabaptists raged most in their madness, had laboured and suffered extremely under the scandal of their frenzies, in the opinion of all those who were attending and looking after the issue of that Reformation: And yet these same fooleries and frenzies are daily acted by these who call themselves Commissioners of the Table, and presented to the Readers of their Pamphlets and Protestations, with the titles of irrefragable, undeniable, convincing, unquestionable, Sunshine truths, and twenty more such false impudent epithets, as one would wonder from whence they fetch the faces that can bear them out in saying so, when the whole Christian World who shall read them, upon the very first view or reading, must discern that there is not the least step or shadow of truth to be found in them. We confess We were amazed at, and aggrieved with their horrible impudence, expressed in their last Petition sent unto Us, in which they did invocate the name of God, calling him not only as a witness, but as an approver of their actions; at their pretended assurance of Our justification of them all, when they undoubtedly know, that We do abhor and detest them all as rebellious and treasonable; at their shameless asseveration of their confidence that their neighbour Churches will approve all their proceedings; that they are afraid they should be thought to have offended in nothing so much as in lenity, when they have proceeded to the deposition and excommunication of the Bishops and others their opposers, which is the utmost of that power which ever any Church did yet challenge to itself; and many more such audacious untruths, which after We once heard read, We resolved never to answer, and now do answer it only thus, That in the main points of it there is not one true word: To say nothing of the boldness of this petition, which expecteth Our answers in such terms, as it doth not only seem to require Our approbation of their wicked proceedings, but almost to command it: and lastly, it is subscribed only by the hands of the Moderator and Clerk of the Assembly, as if it were an ordinary cytation served upon the meanest subject of that Our Kingdom. And besides all these, We would know what Ecclesiastical assembly, just or pretended, did ever use any coercive power, but that which was Ecclesiastical, viz. suspension, deprivation, degradation, or excommunication. But this pretended Assembly hath beside all these enforced her acts with arms, and all manner of violence both against the persons and fortunes of such as do not agree unto them, but continue loyal to Us. BY this time We hope the Reader is well satisfied that We have been from time to time well acquainted with, and rightly informed concerning all the particular passages of these troubles: For since We produce their own original foul and black acts, and the counsels which We took, and courses which We held for meeting with them, and hindering them, so far as then on the sudden We could, every man will now hold their ordinary and so often repeated calumny sufficiently confuted, viz. That all the proceedings and proffers on their parts were quite concealed from Us, That their petitions, remonstrances, and grievances were kept from Us, That We understood no more of the estate of the affairs of that Kingdom, than the malice of their adversaries and bad patriots were pleased to impart unto Us; That Our Commissioner in his several journeys between Us and them never made Us acquainted with the true state of the business, or with their requests and protestations, That he at his several returns did do that which he thought fittest to be done, and not what We had commanded him, or that if We did command him, Our commandments were according to the information which he had given unto Us of their counsels and courses; which information was never true nor right, but only such as he and the Bishops had contrived for mis-informing of Us: All which most wicked calumnies, invented only to keep Our people unsatisfied, as they are attended with want of truth, so they are accompanied with a most undeserved ingratitude. For We do profess, that there was no man since the time of these troubles, who hath more zealously stood between Our wrath and them, than Our Commissioner, and who hath more constantly laboured Us to admit any probable construction which might be made of their actions, ever until such time as they came to that height, that they could neither probably nor possibly receive any good construction; and yet even then all his persuasions were to pardon and forgiveness, if they should acknowledge their errors, and with a submissive humility return to Our obedience. And here We must needs justify all his proceedings with them, as being punctually and exactly ordered and performed according to Our instructions and commandments to him, and condemn their ingratitude to him, not doubting but ere long they will heartily wish that they had some such about Us, who might solicit Us for their peace and pardon so carefully as he did, so long as he had any hope of their amendment. The same course which they held with him their own countryman, they held likewise with some of this Kingdom of great place, especially some of the Prelates near Us, and entrusted with the greatest business of this Church and Kingdom: For, during the time of all these troubles, they have likewise slandered them amongst Our subjects of that Kingdom, both for misinformation of Us, and giving Us counsel and advice to shun all ways of peace; Whereas We must profess that those Prelates, whom (in their last seditious and treasonable information to the good Christians of England) they have traduced for their greatest enemies, & chiefly some of them whom they especially glance at with Our Commissioner, have been their greatest friends, their counsels were always counsels of peace, and their solicitations to Us were vehement and earnest for granting unto them those unexpected and undeserved favours, which We were graciously pleased to bestow upon Our people, published in Our Proclamation at Edinburgh the 22. of September 1638. and afterward made good to them in Our name by Our Commissioner at the Assembly in Glasgow: These Prelates and Our Commissioner advising Us rather to condescend to these particulars, then to be put to the effusion of any drop of Our subjects blood. But the misery and misfortune of many of Our well meaning subjects in that Kingdom, hath in all this business been this, That they trusted the misinformations of their Leaders, even in those things of which their Leaders themselves did not believe so much as one word: Such were their false reports of Our inclination to Popery, of Our intentions never to hold an Assembly, although We had indicted it, of Our intention of never performing any thing in that Assembly which We had promised in Our gracious Proclamation of the indiction of it: All which false reports We have since sufficiently confuted by Our commanding the renovation of the subscription of that Confession of faith which cannot subsist with Popery, by Our indicting a free general Assembly (the freedom whereof they quite destroyed by their proceedings both before it and in it) by Our making good in that Assembly (such as it was) all Our gracious promises; and therefore We cannot now but hope and expect, that all Our good and loyal subjects of that Our ancient and native Kingdom will, by their former experience of the falsehood of their Seducers and Leaders, learn to give no trust or credit to their posteriour and new misinformations, which by their last seditious Pamphlets printed or written, and by many intercepted letters We find to be these three especially, but all of them most notoriously false. First, they go about to persuade Our good subjects, that We intent an invasion of that Our Kingdom: But they must have a great power over the faith of such as they can make believe that a King would invade his own Kingdom: Invasions made by Princes of other Prince's dominions have been usual; but for a Prince to invade his own Kingdom is a prodigious untruth. But they tell Our people that We are coming thither attended with English troops: We wonder if they should be afraid of them whom Our people in their Pulpits, and elsewhere, have been made believe were all of their own party, and would take arms with them in their defence against Us. But the truth is, these English troops go along to secure this Our Kingdom of England from invasion by them, which they have so frequently threatened; and if for the securing of Our person they should offer themselves to be Our guard wheresoever We go; what do they else but show themselves to be true and loyal subjects, and lay an obligation on Us to continue in Our breast that full assurance of their loyalty and fidelity towards Us, of which We have always by unanswerable demonstrations been fully persuaded; as also upbraid the disloyalty of many of Our subjects of that Our native Kingdom, amongst whom they are loath to trust Us without offering their persons to be Our guard? But these two things We do desire all Our good subjects of that Kingdom firmly to believe: First, We are confident that We shall not much stand in need of English troops to chastise the Heads of this late Rebellion, as being fully persuaded that Our loyal subjects, who have all this while adhered unto Us; and Our misled subjects, who upon this Our Declaration will adhere unto Us, but above all the justice of the cause of God and of Us his Anointed, shall be strength enough to bring those principal Rebels to undergo the trial of Our Laws. Next, We desire all Our good subjects there, to believe that We are so far from intending any invasion of that Our native Kingdom, as that according to Our duty and oath taken at Our Coronation, We shall by the grace of God always be ready with Our whole power, estate, and expense of Our blood (if the case shall so require) to defend that Our Kingdom and subjects thereof against all invasions whatsoever. For We do at this time only intend to reduce the principal Heads of these tumults to the obedience of Us and Our Laws, and in case of their Rebellious obstinacy, to bring them to those deserved punishments, which in such cases the Laws of that Our Kingdom have provided: nor can this either be called or accounted an invasion, more than the Judges sentencing malefactors to punishment, can be called an invasion of them. The second misinformation whereby We find the Heads of this Rebellion go about to keep Our people from returning to Our obedience, is this: They make them believe, that since they have not accepted of Our gracious offers made in Our Declaration at Edinburgh the 22. of September last, and made good by Our Commissioner in Our name at the Assembly in Glasgow, that now We will certainly perform none of them: But these wicked mis-reporters speak both according to their own deserts (as knowing that their rebellious misdemeanours have indeed deserved no such favour at Our hands) and likewise, according to their own desires (as fearing that if We should make them good, than Our people might and must receive satisfaction thereby) but they do not speak according to Our Royal intentions, which are to assure Our subjects, that (as We have before expressed in Our Preface) their faults and disloyal courses shall not make Us go back from any thing which We have promised in either of those two Our gracious Declarations made at Edinburgh and Glasgow, but that We will perform them all for the securing of all Our good subjects from any further fears of these pretended innovations. The third misinformation whereby the Heads of this Rebellion go about to continue Our people in disobedience to Us, is this: They would make them believe, that if they shall now yield, We do intend to make that Our native Kingdom a Province, and to despoil them of all their laws and liberties, and to give them new laws, as if they were a conquered Kingdom: A most devilish and false suggestion; for We profess We never harboured any such thought in Our Royal breast, but do intend by the grace of God to continue that Our native Kingdom in the government of Our laws, and confirm unto them all their liberties, and when it shall please God to translate Us, to leave the same in charge to Our Successor. These foul but false aspersions being thus wiped off, We are now desirous to remove their grand and main calumny, whereby they do at once endeavour both to disparage Our just, and to justify their own most unjust proceedings. They give out that We have no quarrel against them but Religion; and when they are asked in what points of Religion We will not yield to them, they do not name any one of which they have complained in their Petitions, and which in them they called innovations in Religion (for they know, that in Our gracious Declarations We have given full satisfaction concerning them) but they instance in other two particulars: First, Our not admitting the introducing of lay-Elders into their Presbyteries, and that in equal number with the Ministers, and that these lay-Elders shall have voices, and always the casting voice in the election of the Ministers Commissioners from the Presbyteries to the general Assembly. The second, That We will not give way to the abolishing of Episcopal government. For the former, We profess that We cannot give way to it, it being a course unheard of, not only in that Church of Scotland, but in any Church in any age: for how can We yield that Noblemen, Gentlemen, Commoners shall be made Ecclesiastical persons, which must needs bring in a confusion of these two, Ecclesiastical and secular persons, which have always been distinguished? Next, how can We betray the Ministers of that Kingdom unto perpetual slavery? for if Episcopal government should be gone (which they intent) and the Ministers in their Presbyteries shall be over-swayed by the voices of the lay-Elders, what face of Ecclesiastical government can remain, when it shall be quite pulled out of the hands of Ecclesiastical persons? And therefore We cannot choose but account it a great ingratitude in those Ministers who oppose Us, for whose maintenance as We first stood against the laity, so We are now resolved to stand against them for their liberty. For the second, which is the abolishing of Episcopal government, We profess We cannot yield unto it (though it were not warranted by Apostolical institution at the first, and since by the perpetual practice of the Church of Christ in all ages and places, as We hold it is warranted by both:) First, because it is established in that Kingdom, and hath ever been by Acts of Parliament, and is so now, and hath been for many years by Acts of the general Assembly. Next, because of the course which they have taken to abolish it, to wit, by an Assembly, holding that an Assembly may abolish Acts of Parliament; a proposition which must not be endured in any Monarchy: for then the Convocation in England, or general Assembly in Scotland, might introduce in either of these Kingdoms, Popery, and the Pope's authority if they had a mind to do so, notwithstanding the Acts of Parliament in both Kingdoms which have ejected them, and which Acts of Parliament were posteriour to the Acts of these Ecclesiastical Assemblies, and were confirmations of what was passed before in them. Thirdly, We cannot destroy Episcopal government without destroying one of the three Estates of Parliament, which We will not do: but these men in an Ecclesiastical Assembly, without Our consent, or consent of Parliament, have gone about to destroy the first of the three Estates of Parliament. But say that none of these things were so, yet We would be satisfied in this point, Whether Our refusing of the intrusion of lay-Elders, and the extrusion of Episcopal government, can be to the conscience of any man a sufficient warrant or ground for his taking arms against his lawful King and Sovereign? for now their very Leaders, acknowledging that We have given them satisfaction in the rest, make these two the only ground of all their arms. And We appeal to the consciences of most of Our subjects Covenanters, if, when they entered into that Covenant at the first, they did ever imagine that they should be persuaded to take arms against Us, for these two points of lay-Elders and Episcopal government, if they should receive satisfaction from Us in their other grievances, and feared innovations, as We have before declared. We are confident that no such matter was then within the compass of their thoughts: We then having fully removed those pretended fears which occasioned their Covenant, We cannot but hope that Our seduced subjects will return to their former obedience; but for their seducers, We know that some of them from the very first were resolved never to receive any satisfaction. This grand imposture and calumny, with the other three, being removed, We will now declare fully and freely to all Our subjects of Our three Kingdoms, and to all foreigners beside, the true and only causes which do enforce Us at this time to use force for the repressing of the insolences of such of Our subjects in that Kingdom as shall stand out against Us; first protesting that none of the causes before mentioned, suggested by their Leaders, have settled in Us this resolution, but only these causes which now follow. First, We will never endure that any of Our subjects, nay that all Our subjects (if they could possibly be all of one mind) out of Parliament shall ever abolish or destroy any Act of Parliament, especially not Noblemen and others assembled in an Ecclesiastical Assembly: for to hold that any Assembly of subjects out of Parliament, or in Parliament without Our consent, may abolish any Act of Parliament, destroyeth the very foundation of government and justice in all Monarchies; and the doing of it by Ecclesiastical persons in their Counsels and Synods, hath been the cause of infinite calamities and miserable wars and devastation of Kingdoms in the Christian World, since the Pope and his Conclave did usurp that unlawful and unlimited power; which, being in that Our Kingdom in all these late troubles practised against the express laws of the same, We are resolved to punish, unless the offenders betake themselves to Our mercy. Secondly, We are resolved not to endure that any of Our subjects, without Our consent, and the consent of the Parliament, shall destroy any of the three Estates of Parliament; which they in their late pretended Assembly have gone about to do. Thirdly, We are resolved not to endure that any general Assembly shall be called but by Our indiction, according to an express Act of Parliament in that case provided; or that it shall continue after that We by Our authority have dissolved it; and are resolved to punish them who shall do so, as Our Royal Father punished those who did the like at Aberdene. Fourthly, We are resolved to punish those who have imposed taxes upon Our subjects, levied men or arms, raised any fortifications in that Our Kingdom without Our leave, and first blocked up, and then taken Our Castles and Forts, and by violence dispossessed Our loyal subjects of their houses and castles, detaining them by force; for all these, by the express Laws of that Our Kingdom, are acts of treason and rebellion. Fifthly, We are resolved not to endure that the Protestations of subjects against Us, Our Council, Our Judges and Laws, shall discharge the obedience of the protesters unto these Laws, unless they be admitted before the competent Judges, and legally discussed before them; the contrary whereof hath been practised by the Covenanters all the time of these tumults. Sixthly, We are resolved not to endure that Our subjects shall enter into any covenant or band of mutual defence, without Our leave asked and obtained, it being expressly forbidden by diverse Acts of Parliament of that Our Kingdom; for this hath been, and still is, the ground of all this Rebellion. Seventhly and principally, We are resolved not to endure that any of Our subjects, under the name of a Table, or Committees of the general Assembly, or under any other name, title or pretence whatsoever, shall sit without Our consent and authority, and order business of the Church and Kingdom at their pleasure; and if they shall be called in question for the same by Us, Our Council, or Judges, shall appeal from Us and them, and refuse to be judged by either, alleging that they will be judged by none but by the general Assembly, which is Christ's own immediate Council, and therefore hath no dependency from, or subordination either to Our Council or Judges, or Our Parliament, which is the Council of Our Kingdom, and so that both Churchmen and lay-men under Ecclesiastical names shall exempt themselves from the authority of Us and Our Laws, and the Assembly itself shall hold the members of it free from being judged in all matters of Assembly by any but by itself; which by the Laws of that Our Kingdom is treason, as appeareth by the Act cited in the body of this narration: Now all this hath been practised, and is practised by those which call themselves of the Table. From all which We hope it is evident, that the offences which We resolve to punish in some of Our subjects, do not concern Religion: So that the question is not, Whether there shall be a Service Book, Book of Canons, high Commission, nay, nor whether there shall be no lay-Elders in Assemblies, or no Episcopal government, (though We are resolved to reject the one, and retain the other:) But the question indeed is neither more nor less than this, Whether We and Our Successors shall be any more Kings of that Kingdom: for if these traitorous positions shall be maintained and made good by force of arms, than We and Our Successors can be no more Kings there, Our Parliament, Council, and Judges have no more authority there; So that unless We will give over to be King, and so betray and desert that charge wherewith God hath entrusted Us, We must use that power which God hath put in Our hands, and by fair, just and legal ways, to Our great grief, force them to obedience. These are the true reasons which have forced Us to undertake this journey, and to make use of the arms and aid of Our loyal subjects here, for the security of this Kingdom, and safeguard of Our person, as likewise of the arms and aid of Our subjects of that Kingdom for the same purposes. And here first We call God to witness what an unwelcome journey this is unto Us, and how unwillingly We do undertake it. Secondly, We do profess and protest, that as We (like God himself, whose Vicegerent We are) have shown Ourself all this while slow to anger; so now like him We shall show Ourselves ready to forgive, upon the repentance of such of Our subjects as have been misled, their deserting the Heads of their Rebellion, and returning to Our obedience. Thirdly, that We intent to use no arms against that Our Kingdom, but only against some Rebels in it, for their apprehension and bringing them to justice. Fourthly, that such even of those who shall be apprehended, shall have their fair and legal trials according to the Laws of that Our Kingdom, without the denial of the least favour which can be allowed them by the course of justice, if they will offer and submit their persons to a legal trial. Fifthly, that all Our subjects of that Kingdom▪ who shall now adhere unto Us, shall be protected and defended by Us in their persons and fortunes, with the uttermost of Our power: For We profess that We do not hold it a national defection, but a revolt of some Rebels, who have misled a great many of the rest, We having a great many subjects of all ranks in that Our Kingdom, who for their constancy in their loyalty and fidelity towards Us, shall justly expect both protection and reward from Us. Sixthly, that whosoever shall go about to make any of Our subjects believe that this is a national quarrel between these two ancient Kingdoms, both now being under Our government, shall be punished as a disturber of the peace of both: and therefore We exhort and require all Our subjects of both Kingdoms, who shall accompany Us in this journey, to live and converse peaceably and lovingly, whereby as they shall do Us most singular and acceptable service, so they shall notably disappoint the Heads of that Rebellion, who now labour no point so much as this, to make Our subjects of that Kingdom believe, that this journey of Ours bringeth along with it a national invasion; and if Our subjects of both nations shall keep that friendly and loving correspondence in their attendance upon Us in this journey, We do not doubt but it will be a means to tie them in a stronger band of love for ever hereafter, when Our Scotish subjects shall here see the alacrity and forwardness of the English, and the English shall there perceive the alacrity and forwardness of the Scotish, both of them meeting in this point and centre, viz. the defence of Our person, and of Our Royal Crown and Dignity. To conclude: As We have found the aid and assistance of Our loving subjects here towards this journey, so We do heartily desire their prayers all the time of Our absence for a good success unto it, and that if it be possible We may return with peace, and without the effusion of any drop of Our subjects blood: And We do require all Our good subjects of that Our Kingdom of Scotland, especially the Ministers who should be the messengers of peace, to frame and settle Our subjects minds to the courses and ways of peace, and to lead them on in the way of returning to Our obedience, who doth resolve to maintain them in the Religion now established amongst them, that so We be not forced to draw Our sword of justice against any of them, which in case of their obstinacy how unwillingly We shall do, We call the King of kings to witness: But if nothing else will serve it must be, and their blood will rest upon their own heads. FINIS. Imprinted by ROBERT YOUNG, His Majesty's Printer for Scotland. Anno 1639. The High & mighty Monarch Charles by the grace of God King of Great Britain France & Ireland Defender of the Faith.