Aberdeen, Printed by Edward Raban, According to the true copy Imprinted at Edinburgh, by Robert Young, Printer to the King's most excellent majesty. CUM PRIVILEGIO. ANNO 1638. Insignia urbis abredonie; CHARLES, By the Grace of GOD, King of SCOTLAND, ENGLAND, FRANCE, and IRELAND, Defender of the faith, To Our Lovits, heralds, Pursevaunts; Our Shyreffs in that part conjunctlie and severally, specially constitute, Greeting. Forsameikle as out of the royal and Fatherly Care which We haue had of the Good and Peace of this Our Ancient& native kingdom; having taken to Our serious Consideration, all such things as might haue 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& Civill, 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 entire of Ministers, That no other Oath bee administrate unto them, than that which is contained in the Act of Parliament: Had declared all by gone Disorders, absolutely forgotten, and forgiven: And for the more full& clear extirpating all ground and occasion of Fears of innovation of Religion, Wee 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 House-holde, 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 Common-wealth of this kingdom, We caused indict a Free general assembly, to bee holden at Glasgow, the xxj of this instant, and thereafter a Parliament in May, 1639. By which clement Dealing, Wee looked assuredly, to haue reduced Our Subjects, to their former quiet behaviour,& dutiful carriage, whereto they are bound by the Word of GOD, and Laws both national and municipal, to Us their native and Soveraygne 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, &c. protesting against the same, and stryving by many indirect means, to withdraw the hearts of Our good People, not only from an hearty acknowledgement of Our gracious dealing with them; but also from the due obedience to those Our just and religious Commands, notwithstanding We had been formerly so often petitioned by themselves for the same: By their daily and hourlie guarding and watching about Our Castle of Edinburgh, suffering nothing to be imported therein, but at their discretion: And openly stoping, and impeding, any importation of Ammunition, or other necessaries whatsoever to any other of our Houses, within that kingdom: Denying to us their Soveraygne 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, Burrows, and Ministers, within the city of Edinburgh: Where, not regarding the laws of the kingdom, they without warrant of authority conveane, assemble, and treat vpon Matters, as well ecclesiastical as Civil, sand their injunctions and directions throughout the country, to their subordinate Tables, and other under Ministers, appoynted by them for that effect. And under colour and pretext of Religion, exercing an vnwarranded 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 vnformall 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 ministery, 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 vnviolable custom and practic of this kingdom, are, and ever haue been, incapable, either to pursue, or defend before any judicatory; far less to bee 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, haue given just ground of suspicion of their partiality herein, and so made themselves unfit judges of what concerneth episcopacy. And als 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 Moderators lawfully established,& 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 laicke Elder out of each Paroch, who being in most places equal, if not more in number than the ministery, made choice both of the Ministers, who should bee Commissioners from the Presbyteries, as also of a ruling Elder, being directed more therein by the warrants from the foresaid pretended Tables, than by their own judgementes, as appeareth 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 haue been expected from this assembly, for settling of the present disorders and distractions. Yet wee were pleased herein, in some sort, to blinde-folde our own judgement, and overlook the sayds 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-disposod subjects who were to he there, and by their own seeing the real performance of all that was promised by our last Proclamation, they should haue been induced to return to their due obedience of elects: But perceiving that their seditions disposition still increaseth, by their repairing to the said assembly, with great Bands and troops of Men, all boddin in fear of war, with guns and Pistolers, contrary to the laws of this kingdom, custom observed in all Assemblies and in high contempt of our last Proclamation at Edinburgh the xuj of this instant: As also by their peremptory refusing of our assessors authorised by us,( altho fewer in number, than our dearest Father was in use to haue at divers Assemblies) the power of voting in this assembly, as formerly they haue done in other Assemblies;& by their partial, vnjust, and vnchristian refusing, and not suffering to bee red, 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 saydes 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, Wee haue thought good, for preveening thereof, and for the whole causes and reasons above mentioned, and divers others, importing the true monarchical government of this estate, to dissolve and break up the said assembly. And therefore OUR WILL IS, and Wee do discharge and inhibit all and whatsoever pretended Commissioners, and other members of the said pretended assembly, of all further meeting and conveaning, 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 bee 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 foresayds pretended Commissioners, and other members of the said assembly, to depart forth of this city of Glasgow; within the space of xxiv houres 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 times coming, for the full assurance to them of the true Religion. And Our Will is, and Wee 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, where-through none pretend ignorance of the same. Given under our Signet, at Glasgow, the xxix of November, and of Our reign the fourteenth year, 1638. Sic subscribitur, HAMMILTOUN, Traquaire, Roxburgh, Murray, Linlithgow, Perth, Kingorne, Tullibardin, Hadington; gallovvay, Annandaill, Lauderdaill, Kinnoull, Dumfreis, Southesk, Belheaven, Angus, Dalyell, I. Hay, W. Elphingstone, Ia. Carmichaell, I. Hammiltoun. WHere-as some haue given out, That by the Act of council, which explaineth the Confession of Faith lately commanded to bee 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& 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 bee of some moment, and used by them, to the great disturbance of the peace of this Church& kingdom,& to the great disquyeting of the minds of such his Majesties good elects, as haue taken the said Oath,& 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 Marques of Hamilton, his Majesties high Commissioner, wondering that any such scrupulous misconstruction should bee made of his Majesties gracious and pious intentions; and being desirous to remove all doubts from the minds of his Majesties good subjects,& 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 haue sworn, or ever intended to swear, or was required by authority to bee sworn by them, either directly or indirectlie: Considering that all Oaths must be taken according to the mind, intention, and commandement of that authority which exacteth the Oath: and, that we, by special commandement from his sacred majesty, commanded the said Oath to bee administered, we do hereby freely& ingenuously profess and declare our mind& meaning herein, as we haue 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 haue any other intention or meaning, being clearly warranded,& expressly commanded by his Majesties instructions, to exact the said Oath, and take order, that it should be sworn throughout the kingdom, in that faire and lawful sense, and none other. neither in this point did wee deliver our own words, or his Majesties mind, ambiguouslie, or doubtfullie, 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, vpon several occasions, in conference with them, ever since our coming into this kingdom, constantly declare unto them, that his Majesties resolution was not to suffer episcopal Government to be abolished: Wee attest all the lords of Session, whether before our tendering of that Oath to them, or their Lordships taking of it, wee did not fully and freely declare to them, that his Majesties 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 bee 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 Iudges 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 Majesties mind and intention, and in pursuance of them, the mind of his Majesties 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 forasmuch as that objection hath of late been maynlie urged, for alienating the minds of many of his Majesties good Subjects, and well-affected to that Government, from adhering unto it, bee 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 bee abjured; and that for many reasons, but especially these five, which wee having seen and approved, haue caused to bee 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 those 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 standing fully established, both by Acts of Parliament, and Acts of general assembly, at the time when this Oath was administered; to abjure it before those Acts bee 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 those Acts of Parliament and assembly, establishing episcopal Government, were vnlawfullie and vnduelie obtained: certainly, if they haue any reasons for this their bold assertion, which is of a more dangerous consequence, than that it ought to be endured in any well settled Church or Common-wealth, these reasons may bee presented lawfully to these judicatories, to entreat them to reduce the saydes Acts, if there shall bee strength and vadilitie found in them. But to hold, that until such time as these judicatories shall repeal the saydes laws, they either ought to bee, or can possibly bee abjured, is a wicked position, and destructive of the very foundation of justice, both in Church and Common-wealth. Secondlie, it can not bee 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, Article 20.21. declareth to bee alterable at the will of the Church itself, and so repealable by succeeding acts, if the Church shall see cause. When a King at his Coronation taketh an Oath to rule according to the laws of this kingdom, or a judge at his admission sweareth to give judgement according to these laws, the meaning of their oaths can not bee 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& 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 bee said to haue abjured episcopal Government, which hath been since established by laws of this Church and kingdom, especially considering that this Church in her confession holdeth, Church Government to bee alterable at the will of the Church: certainly wee repeating but their Oath, can not bee said to abjure that Government now, more than they could bee 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 Majesties commanding this oath, should make episcopal Government to bee abjured by it, more than the Covenanters requiring it of their associates, in both Covenants the words and syllabes 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 Lawe, since the time that this Oath was first invented and made: and the three Ministers, in their first answers to the Aberdeen Quaeres, haue fully and clearly expressed themselves to that sense; holding these things for the present, not to bee abjured, but only referred to the trial of a Free general assembly: and likewise the Adherers to the last Protestation, against his Majesties Proclamation, bearing date the 9 of September, in their ninth Reason, against the Subscription urged by his majesty, do plainly aver, That this Oath urged by his majesty, doth obliedge the takers of it, To maintain Pearth Articles; and, To maintain episcopacy. Why, therefore, some men swearing the same words and syllabes, should haue their words taken to another sense, and bee thought to abjure episcopal Governament, more than others who haue taken the same Oath in the same words, must needs pass the capacity of an ordinary understanding. It is a received maxim, and it can not bee denied, but that oaths ministered unto us, must either bee 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 positiuelie 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 Majesties commandement, that his majesty not only in his kingdoms of England and Ireland, is a Mayntayner and Vp-holder of episcopal Government, according to the laws of the said Churches and kingdoms; but that likewise he is a Defender, and intendeth 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 Majesties Instructions to his Grace, and his Graces expressing his Majesties mind, both to the lords of council, and to the lords of Session. And the same likewise 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 Majesties mind, intention, and commandment, is none other, but that the Confession bee 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 Majesties Proclamations:) and thus as it concludeth, and continueth within the compass thereof, the foresaydes 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 Majesties Declarations, as those other things were which they call Novations, it must needs, both in deed, and in the judgement of the said Protesters, no ways bee intended by his majesty, to bee abjured by the said Oath. now, both the mayor, 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 bee imagined, that his majesty, by that Oath, should command episcopacy to bee abjured; or howe could any one, to whom his Majesties 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 wee leave to themselves to answer, haue 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. fiftly and lastly; if the Explanation in that Act of council bee 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 Kings majesty, and three estates of this realm, as GOD'S eternal truth, and only groundof our Salvation, &c. By which it is evident, that the Subscription to this Confession of faith, is to bee urged in no other sense, than as it was then believed and received by the Kings majesty, and the three Estates of this realm at that time in being; and it is well known, that at that time Bishops, Abbots, and Priors, made up a third estate of this realm, which gave approbation to this Confession of faith: and therefore it is not to bee 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& after, Bishops, whose names are well known, were in being. Now it is to bee hoped that in a monarchy, or any other well constituted republic, that damnable jesuitical position shall never take place, That which is once enacted by a Monarch& his three estates in Parliament, shall ever bee held repealed or repealable by any ecclesiastical national Synod. By all which it is evident, that the Explanation of that Act of council so groundleslie urged, can induce no man to imagine, that by the Confession of faith lately sworn by his Majesties commandement, episcopal Government, which then did, and yet doth stand established, by Acts of this Church and kingdom, either was, or possibly could bee abjured. And having now, good Reader, heard his Majesties mind, in his Instructions to us, our mind in requiring, in his Majesties name, this Oath to bee taken, and these few Reasons of many which do evidently evince the in-consequence of that sense, which without any show of inference, is put vpon it by those, who would go on, in making men still believe, that all which they do or say, is grounded vpon authority, though they themselves do well know the contrary: wee suppose, that all they who haue taken this Oath, will rest satisfied, that they haue not abjured episcopal Government; and, that they who shall take it, will take it in none other sense. Which tymelie Warning of ours, wee 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 Satan, do now mean to take it themselves,& urge others to take it in that sense which they make men believe( though wrongfully) that Act of council maketh advantageous to their ends. But we do, in his Majesties name, require, that none presume to take the said Oath, unless they be required so to do, by such as shall haue 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 Majesties sense; and so the sense of all lawful authority fully explained unto them. HAMMILTOVN. THat episcopal Jurisdiction was in force by acts of Parliament, and 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 Romes 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 haue none 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. And seeing they did allow episcopacy to continue in the Church, that they did not esteem the same contrary to GOD'S Word, and Confession fore-sayd: as appeareth 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 evangel of IESVS 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 Churches of this realm they are publicly administrated, according to the Confession of the faith, to bee the only true and holy Church of IESVS CHRIST, within this realm: without any exception, by reason of policy and Discipline: declaring only such as either gayne-say the Word of the evangel, according unto the heads of the said Confession; or refuse the participation of the holy Sacraments, as they are now ministrated, to bee no members of the said Church, 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 Church before the Reformation. This is likewise evident, by the Oath to bee ministered to the King at his Coronation, by the eight Act of the said Parliament, whereby he is to swear, to maintain the true Religion of IESVS CHRIST, the preaching of His holy Word, and due and right ministration of the Sacraments, now received and preached within this realm, and shall abolish and gayn-stand all false Religion contrary to the same; without swearing to any Innovation of policy, and Discipline of the kirk. Secondlie, it doth evidently appear by these subsequent Acts of Parliament, that by the municipal lawe of this realm, Arch-bishops and Bishops, were not only allowed in the Church, but also had jurisdiction and authority, to govern the same. First; By the 24 Act of the said Parliament: whereby all civill privileges granted by our soveraygne Lord's predecessors, to the spiritual estate of this realm, are ratified in all poyntes, after the form and tenor hereof. And by the 35 Act of the Parliament 1571; whereby all and whatsoever acts and Statutes made of before, by our soveraygne Lord, and his predecessors, anent the freedom and liberty of the true Church of GOD, are ratified, and approved. By the 46 Act of the Parliament 1572; whereby it is declared, That Arch-bishops& Bishops, haue the authority,& are ordained, to conveane 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 Soveraygne 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 Arch-bishops and Bishops haue authority, at their Visitations, to design Ministers Gleybes. By the 54 Act of the said Parliament; whereby Arch-bishops and Bishops, are authorised to nominate, and appoint, at their Visitations, persons in every Parochin, for making and setting of the Taxation, for upholding and repairing of Churches, and Church-yardes: and, to conveane, try, and censure, all persons, that shall be found to haue applied to their own use, the Stones, Timber, or any thing else, pertaining to Churches demolished. By the 55 Act of the Parliament 1573; whereby Arch-bishops and Bishops are authorised, 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 Commissioners of dioceses) haue 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 Church, is declared, to stand in preaching the Word of IESVS CHRIST, correction of Manners, and administration of the holy Sacramentes: And yet none other authority nor Office-bearer allowed, and appoynted by Act of Parliament, than is allowed by the former acts; but Arch-bishops 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 dayes after their return, to pass to the Bishop, superintendant, Commissioner of the Kirkes 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 foresaydes Acts are ratified and approved. By the 130 Act of the Parliament 1584, whereby it is ordained, that none of his Majesties lieges and Subjects presume or take vpon hand, to impugn the dignity and authority of the three Estates of this kingdom, whereby the honour and authority of the Kings 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 and jurisdictions as well in spiritual as temporal causes, in practise& custom, during these twenty four yeares bypassed, not approved by his Highnesse and three estates in Parliament, are discharged: and whereby it is defended, That none of his Highnesse elects of whatsoever quality, estate, or function they bee of, spiritual or temporal, presume, or take vpon hand, to convocate, conveane, or assemble themselves together, for holding of councils, Conventions, or Assemblies, to treat, consult, or determinate in any matter of estate, civill or ecclesiastical,( except in the ordinary judgements) without his Majesties special commandement, or express licence had and obtained to that effect. By the 132 Act of the said Parliament, authorizing 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 bee tried and adjudged culpable by their Ordinaries. By the 23 Act of the Parliament 1587. whereby all Acts made by his Highnesse, 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 Soveraygne Lord, and his Highnesse Estates in Parliament, having special consideration of the great privileges and immunities granted by his Highnesse predecessors, to the holy kirk within this realm, and to the special persons exercing the offices, titles, and dignities of the Prelates within the same; Which persons haue ever represented one of the Estates of this realm, in all conventions of the saydes Estates: and that the sayds 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 bee fallen now under his Majesties most favourable protection; therefore his majesty, with consent of the Estates, declareth, that the kirk within this realm, wherein the true Religion is professed, is the true and holy Church: And that such Ministers as his majesty at any time shall please to provide to the Office, Place, Title, and dignity of a Bishop, &c. shall haue vote in Parliament, sicklyke and als freely as any other ecclesiastical Prelate had at any time by-gone. And also declareth, that all bishoprics vaking, or that shall vake, shall bee only disponed to actual Preachers and ministers in the Church, or such as shall take vpon them to exerce the said Function. By the 2 Act of the Parliament 1606; whereby the ancient and fundamental policy, consisting in the mayntenace 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 bee 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 accustomend Honour, Dignities, prerogatives, privileges, Lands, Teyndes, Rents, as the same was in the reformed Church, most amply and free, at any time before the Act of Annexation; rescinding and annulling all acts of Parliament made in prejudice of the saides 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 Arch-Bishops and Bishops, are redintegrate to their former authority, dignity, prerogative, privileges, and jurisdictions, lawfully pertaining and shall bee known to pertain to them, &c. By the 1 Act of the Parliament 1617; ordaining Arch-Bishops and Bishops, to bee elected by their Chapters, and no other ways, and consecrated by the Rites and Order accustomend. FINIS. CHARLES, By the grace of GOD, King of SCOTLAND, ENGLAND, FRANCE, and IRELAND, Defender of the faith, To Our Lovits, Herauldes, Pursevantes; Our Shyreffs in that part, conjunctlie, and severally, specially constitute, Greeting. WHERE-AS, For the removing of the Disorders, which haue happened of late within this kingdom; And, for settling of a perfect Peace in the Church, and Common-wealth there-of, WEE were pleased, to call and indict A FREE general assembly, to bee holden at GLASGOW, the xxj day of November last; And for Our Subjects their better content and assurance, that they should bee freed of such things as by their Petitions and Supplications given in to the lords of Our privy council, they seemed to bee grieved at, WEE, in some sort, prevented the assembly, by discharging, by Our Proclamation, the Service-Booke, book of Canons, and High Commission, freed and liberate all Our elects, from practising of the five Articles, exemed all Ministers at their entry, from giving any other Oath, than that which is contained in the Act of Parliament; Made all persons, both ecclesiastical and Civill, liable to the Censure of Parliament, general assembly, or any other Iudicatorie competent, according to the nature of their Offence; Had declared all by-gone 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 famed, subscribed by Our dear Father, and his household, in ANNO 1580, to bee renewed, and subscribed again by Our elects 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 hourlie guarding and watching our Castle of Edinburgh; suffering nothing to bee imported there-in, but at their discretion: stoping and impeding any importation of Ammunition, or other Necessaries whatso-ever, to any of Our Houses within this kingdom: Denying to Us their Soveraygne Lord, that liberty and freedom, which the meanest of them assumed 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 Councell-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 conveaned, assembled, and treated vpon Matters as well ecclesiastical as Civill; Sent their Injunctions and Directions throughout the country, to their subordinate Tables, and other under Ministers appoynted by them for that effect: And, under colour and pretext of Religion, exercising an vnwarranded liberty, required obedience to their unlawful and illegal Directions, to the seen prejudice of authority, and lawful monarchical Government. And not-with-standing it was evidently manifest, by the illegal and vnformall 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 avowed teaching against monarchy: others of them suspended, and some admitted to the ministery, contrary to the form prescribed by the laws of this kingdom: others of them Rebells, and at the horn: some of them confined, and all of them by Oath and Subscription, bound to the overthrow of episcopal Governament. And by this, and others their Under-hand-working, and private Informations; and persuasions, had given just ground of Suspicion of their partiality; and so made themselves unfit Iudges 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, and by order of Lawe, and without due form of process, thrust out Moderators lawfully established, and placed others, whom they found most inclynable to their turbulent humours, associate to themselves, for choosing of the Commissioners to the assembly, a Laicke Elder out of each Parioch; who being in most places equal, if not more in number than the ministery, made choice both of the Ministers who should bee Commissioners from the Presbyteries, as also of a Laicke Elder,( which in time will prove to bee a dangerous Consequence, and import an heavy Burden to the liberty of the Church, and Church-men) being more directed therein, by the Warrandes of the foresaid pretended Tables, than by their own judgementes; 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 red: One whereof directed to the Noble-men and Barons of each presbytery, doth amongst many other odd passages, require Diligence; lest( say they) by our own silliness and treachery, wee lose so fair an occasion of our liberty, both Christian and Civill. A strange phrase, to proceed from dutiful or loyall-hearted elects! The other, to the Moderators of several Presbyteries, under the Title of Private Instructions, August 27, containing, first, That these Private Instructions shall bee discovered to none, but to Brethren well-affected to the Cause. 2. Order must be taken, that none be chosen Ruling-Elders, but Covenanters, and these well-affected to the business. 3. That where the Minister is not well-affected, the Ruling Elder bee chosen by the Commissioners of the shire, and spoken unto particularly for that effect. 4. That they bee careful, that no Chappell-men, Chapter-men, or a Minister, Iustice of Peace bee chosen, although Covenanters, except they haue publicly renounced or declared the vnlawfulnesse of their Places. 5. 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. 6. That the Commissioner of the shire, cause conveane before him the Ruling Elder of every Church, chosen before the day of the Election, and enjoin them, vpon their Oath, That they give voice to none, but to those who are name already at the Meeting of Edinburgh. 7. That where there is a Noble-man in the bounds of the presbytery, he bee chosen: and where there is none, there bee chosen a Baron, or one of the best quality; and he only a Covenanter. 8. That the ablest man in every presbytery bee provided to dispute, De potestate supremi Magistratus in Ecclesiasticis praesertim inconvocandis Conciliis, &c. Whereby it is most evident, what Prelimitations, and indirect and partial Courses, and dangerous Propositions, haue been used in the Preparations and Elections to this pretended assembly. By which unlawful doings, altho Wee had sufficient reason, to haue discharged the Meeting of the assembly, yet We 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 elects, who were to bee there, and by their own seeing the real performance of what was promised by Our Proclamation, they should haue been moved to return to the due obedience of Subjects. But when Wee perceived, that ther turbulent Dispositions did increase, as was manifest by their repairing to the said pretended assembly, with great troops and Bands of Men, all boden in fear of war, with guns and pistols, contrary to the Laws of this kingdom, and in high contempt of Our Proclamation at Edinburgh, the xuj of November last. As also by their peremptory refusing to the Assessoures authorised by US,( altho fewer in number than our dearest Father was in use to haue) the power of Voting in this assembly, as formerly they had done in all others: openly averring, That Wee nor Our Commissioner had no farther power there, than the meanest Commissioner of their number: and by their partial and vnjust refusing, and not suffering to bee red, the Reasons and arguments given in by the bishops, and their adherents, to Our Commissioner, why they ought not to proceed to the Election of a Moderator, neither yet to the trying and admitting of the Commissioners, before they were heard, tho in Our Name they were earnestly requested thereunto by Our Commissioner. And not-with-standing 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 likewise Our Pleasure, of the Registration of the same in the books of assembly, for full assurance of the truth and liberty of Religion, to all Our good elects; as doth clearly appear by the Declaration itself, where-of the tenor followeth: THE KING'S majesty being informed, That many of his good elects haue apprehended, that by the introducing of the Service-Booke, 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 practise of them, and either of them; and annulleth and rescindeth all acts of council, Proclamations, and other acts and deeds whatsoever that haue been made, or published, for establishing of them, or either of them; and declareth the same to bee null, and to haue no force, nor effect, in time coming. THE KING'S majesty, as he conceived for the ease and benefit of the Subjects, established the High Commission, that thereby Iustice might bee administrate, and the faults and errors of such persons as are made liable thereunto, taken order with, and punished, with the more conveniency, and less trouble to the people: But finding his gracious intention therein to bee mistaken, hath been pleased to discharge, like as by These he doth discharge the same, and all acts and deeds whatsoever made for establishing thereof. AND, The King's majesty being informed, That the urging of the five Articles of Pearth assembly, hath bread Distraction in the church and ESTATE, hath been graciously pleased, to take the same to his royal Consideration; and, for the quiet and Peace of his country, hath not only dispensed with the practise of the saydes Articles; But also discharged all and whatsoever persons, from urging the practise thereof, vpon either Laicke or ecclesiastical person whatsoever; And hath fred all his elects, from all Censures 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 farther contented, That the assembly take the same so far to their consideration, as to represent it unto the next Parliament; there to bee ratified, as the Estates shall bee found fitting. AND, Because it hath been pretended, That oaths haue been administrated 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, than that which is set down in the Act of Parliament. AND, That it may appear howe 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 long unpunished. HIS majesty is content to declare by me, and assure all his good People, That general Assemblies shall bee kept so oft, and also oft, as the Essayres of this Church shall require. AND, That none of his good elects may haue cause of Grievances, against the proceedings of the Prelates, HIS majesty is contented, That all and every one of the present Bishops, and their Successoures, shall bee answerable, and accordingly from time to time, censurable, according to their merites, by the general assembly. AND, To give all his Majestie'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 bee 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 elects, to subscry be the Confession of faith, and Band for maintenance there-of, and Of His Majestie's Person and authority, formerly signed by his dear Father, in Anno 1580; And now also requireth all these of this present assembly, to subscribe the same. AND, It is his Majesties will, That this bee insert and registrate in the Books of assembly, as a testimonial 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 elects, in the Profession there-of. Which Declaration was by Our special command and Direction given in, and subscribed by Our Commissioner, vpon Protestation made by him, That his assenting to the registrating hereof, should bee no Approbation of the lawfulness of this assembly, nor of any of the acts of deeds done or to bee done therein. And finding them in like sort, noways to besatisfied therewith, and that nothing else was able to give them content, except at their own pleasure they were permitted to overthrow all episcopal Governament in the Church, and thereby to abrogate Our public laws standing in vigour, by the space of many yeares by-gone, and to alter the fundamental Governament of this kingdom, in taking away one of three Estates, contrary express acts of Parliament. And lest the continuance of their meetings, might haue produced other the like dangerous acts so derogatory to royal authority; Wee were forced for preveaning thereof, and for the causes and reasons above mentioned, and dyverse others importing true monarchical Governament, to dissolve and break up the said pretended assembly, and to discharge them of all farther meeting, treating, or concluding of 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 haue said Prayer, and so concluded that dayes Session; that so they might haue had time to think vpon the just reasons of his refusing, to assist or bee any longer present at the said pretended assembly; and of the causes moving Us to the dissolving thereof. And notwithstanding his earnest urging the same, and being willing to return the next morn to hear their answer, in place of all other satisfaction to his so reasonable and moderate desires, was refused, and met with a Protestation, of an high and extraordinary strain: Thereby presuming to suit and call our counsel in question, for their dutiful assistance, and obedience unto Us, and Our Commissioner. And finding their disobedience thus to increasse, Wee were constrained to discharge them anew again the next day thereafter, by public Proclamation, under the pain of Treason. And albeit that their continuance is such, as hath not been heard in former times, yet they shall never move Us, to alter the least point or Article of what Wee haue already declared by Proclamation, or Declaration under Our Commissioner's hand: All which was publicly red, and by our Commissioner required to bee insert and registrated 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 elects, in the Profession thereof. AND perceiving likewise, That in contempt of OUR PROCLAMATION at GLASGOW, the xxix of NOVEMBER last, they go still on, to conveane, meet, and to make illegal and vnwarrandable acts, WEE haue conceived it fitting, to forewarn all Our good elects, 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 bee made, at the said pretended assembly, or Committees direct therefrae: but also do free them from all pain and Censure which the said pretended assembly shall inflict vpon them, or any of them: AND, THEREFORE, do discharge, and prohibit, all Our elects, That they, nor none of them, aclowledge, or give obedience, to any pretended acts, or Constitutions, made, or to bee made, at the said pretended meetings, under all highest pains. AND, WEE command, charge, and inhibit, all Presbyteries, Sessions of Churches, and Ministers, within this realm, That none of them presume, nor take vpon hand, privatelie, nor publicly, in their Sessions and meetings, nor in their Conferences, sermons, nor none other manner of way, to authorize, approve, justify, or allow, the said unlawful Meeting, or assembly, at GLASGOW, nor 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 bee holden, reputed, and esteemed, and pursued, as guilty of that unlawful Meeting, and to bee punished for the same, with all Rigour. AND SUCH-LYKE, WEE command all and sundry Noble-men, barons, Gentle-men, Magistrates, and all others Our lieges, who shall happen to bee 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, or utter any speeches against Our royal Command ementes, or proceedings of Us, or our counsel, for punishing or supperessing such Enormities; That they make relation, and report thereof, unto Our counsel, and furnish probation; to the effect the same may bee accordingly punished; as they will answer to US thereupon: Certifying them, who shall hear, and conceal the said speeches, that they shall bee esteemed, as Allowers of the same, and shall accordingly bee taken order with, and punished therefore, without favour. AND, To this effect, WEE likewise straytlie charge, and command, all Iudges whatsoever within this realm, Clerks, and writers, not to grant or pass any Bill, summons, or Letters, or any other Execution whatsoever, vpon any Act or dead proceeding from the said pretended assembly; AND all Keepers of the SIGNET, from signetting thereof,& that under all highest pains. AND, Because Wee gave Order and command, to Our Commissioner, to make open Proclamation, 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 Wee never intended thereby to exclude episcopacy; So by no right construction can it bee other ways interpnted; as is more than 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, WEE do not only prohibit, and discharge, all Our elects, from subscrybing any Band, or giving any Writ, Subscription, or Oath, to or vpon any Act or dead, that proceedeth from the said pretended assembly: But also do require them, Not to subscribe nor swear the said Confession, in no other sense, than which is contained in the said Declaration, manifested and emitted by Our Commissioner, under all highest pains. AND, That none of Our good elects, who in their duty and bound obedience to US, shall refuse to aclowledge the said pretended assembly, or any of the pretended acts, Constitutions, Warrandes, or Directions, proceeding therefrae, may haue just ground of fear of danger or harm by doing hereof, WEE do by These promise, AND, UPON THE WORD OF A KING, Obliedge ourselves, By all the royal authority and Power wherewith GOD hath endued 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 WEE command, and charge, That incontinent, these Our Letter seen, ye pass, and make publication hereof, by open Proclamation, at the Mercat cross of edinburgh, and others places needful; Where-through none pretend ignorance of the same. Given from Our Court, at WHYTE-HALL, the viij day of December, and of Our reign the fourteenth year, 1638.