AN ANSWER TO THE PROFESSION AND DECLARATION. MADE BY IAUES MARQUES OF hamilton, HIS majesties HIGH COMMISSIONER, Imprinted at Edinburgh Anno 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 and 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 GODS own word; who as the great Master of his family, left most perfect directions for his own oecanomie, 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 GODs 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,& introduce many fearful corruptions and innovations, to the utter overthrow of religion; and to make us no less miserable then 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 wee 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, wee 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 divine Commandement, conform to the practise 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 restimonie 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 GODS blessing from heaven, was solemnly sworn and subscribed, by persons of all ranks, throughout this Kirk and kingdom, with a necessar 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 GODS 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 sand into this kingdom, The noble Lord james Marques of Hammiltoun, &c. 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 commandement 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 nexto-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 bee 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 Iustice, 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 Kings person,& each of other in that cause: as the proclamation of indiction, being dated at Oatlands, 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 bound duty they did with all thankfulness aclowledge his Majesties 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& application, and did most humbly and earnestly desire the Lords of his Majesties 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 forebear 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 Majesties 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 Majesties person, least 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 restend 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 forebearing 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 GODS mercy, and his Majesties 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 Majesties Commissioner a declaration, tending to dissuade his Majesties 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 bee 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 counsellors 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 wee 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 wee are confident, the same will make no impression in the judgement of any well affencted Christian, as shall be evident by our following answers, which we offer to the readers consideration, after he hath first expended these generalls. 
four general considerations of the Declaration.   
1. This declaration is only made by his Majesties Commissioner, 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 and vigour in themselves. And yet it is evident that the counsellors have not only actually sworn to maintain the Religion and 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, forobedience 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 Majesties real intention was to maintain the confession of Faith professed in Anno 1580. because his royal disigne by that commandement 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 Majesties good Subjects, complaining of by-gone innovatitions, 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 contrary to the word of GOD,& foresaid confession in Anno 1580. 3. We must distinguish between oaths, tendered by the first framers of the Confession, the whole Kirk, who have power to interpret and explain the same, and oaths required, to be renewed by the suppreme Magistrat the Kings majesty, who as custos utriusque tabulae, and a true Son of the Kirk, ought 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 Majesties Father of blessed memory 1580. and now lately renewed again, and 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 Majesties Proclamation and the act of explanation made by his Majesties Commissioner and council, 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 Majesties lieges, who did subscribe in obedience of their charge, are obliged to observe rem juratam, and the real matter of the oath( more then 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 unanswrable 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 intend to swear the abjuration of episcopacy, which is found by that confession 1580.& 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 contrare hereof is protestatio contraria facto, and the reasons thereof cannot be forcible, to brangle the resolution of any judicious well affencted Christian, if he will patiently red and ponder, without preoccupation, these following answers to the five reasons insert in that declaration.  
The first alleged reason is this, that his majesty 
Answer to the first reason.  could not command an oath absolutely unlawful: 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 posterior laws.  
To this we answer, First. The Kings majesty by commanding his Subjects to renew the confession of Faith for mantaining the doctrine and 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 enlivening. 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. tanquam terminum ad quem: which a great part of councillors 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 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, then the Kirks power to the making states men in the common-wealth. Fifthly, the laws which any ways contribute to the introduction of episcopacy, do only extend to civill privileges, and were always protested against by the Kirk, as contrary to the national Covenant of this land. Sixthly, if any Assembly canbe pretended to countenance episcopacy or other corruptions; it sufficeth to say that the same with all the acts thereof is declared to have been null and voided 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. Eighthly, in no Covenant episcopacy is expressly or specifice abjured, before all ecclesiastical laws favouring the same was repealled,& 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 and found presbyterial government to have been approven, and 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 St. Pauls Bishops to-wit Pastours of a particular flock, and condemning only all other Bishops brought in without the warrant of Scripture.  
The second reason in the Declaration is, that the 
Answer to the second reason.  oath for preserving the discipline and government of the Kirk, cannot oblige after the alteration and change of that discipline and 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 wee answer, first, that it is true, that policy and order in ceremonies is temporary and may bee changed, as is meaned in that article of the Confession cited in the declaration: But a Bishop or his office, or the government of GODS house cannot be called a ceremony, nay, they will be loathe 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 bee lawful governours in GODS 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; and may be so by that second reason of the declaration. 2. One cause of general councils 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 bee 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 commandements without indecency, or confusion, in the variable circumstances thereof, to bee determined according to the present occasions of edification, 3. In the 15. Chap. of the same confession of Faith, all mens inventions in matters of Religion are condemned: And in the 19 Chap. ecclesiastical discipline uprightly ministered as GODS 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 compylled that same year with the Confession, 9 head is expressed a two-fold policy of the kirk: The one absolutely necessary in all Kirks, the other not necessar, 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 bee appointed for all ages, as is before said. But when they speak of the office-bearers in the Kirk, they aclowledge 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 Christs Kirk by these four ordinary office-bearers, is set down as founded only upon the word of GOD, as constant, unchangeable,& perpetual: and as that holy discipline without which Gods word cannot be preserved; so that the intruding of any other officer in Gods house was accounted an offence against the Lord of the house. 6. By our oath, wee are obliged to continuein 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,& the discipline of the Kirk of Scotland is set down in the book of policy, as grounded on Godsword& commanded to continue to the worlds end, whereunto we have sworn, and cannot without perjury to God, gainsay it, likeas 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 Kings prerogative cannot bee 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 Gods word, tending to the overthrow of the Kirk and purity of Religion. 8. The prelates themselves will not grant episcopacy to bee reakoned 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, and places;& that it is not the device of man temporal and changeable, but deriveth its extraction from divine apostolic, at the least ecclesiastical, perpetual and necessar 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 bee 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 Kings Majesties proposition, and demand that it might bee 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 bee done in right time and place, Animo edificandi non tentandi: But as for the essential discipline, in the book of policy: The same Assembly desireth the Kings 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 Kings 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 bee 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 dayes of our life: and defend the same according to our power, under the penalty of procuring deservedly upon ourselves, all the curses contained in Gods word. 12. The doctrine of the Kirk of Scotland, condemned episcopal, and re-established Ptesbyteriall 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.  
The third reason is that we who subscribed the Covenant, acknowledged that episcopacy was not 
Answer to the third reason.  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 straitly to the obedience of the discipline then established: wherein because there had interveined 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 Aberdine, and ought also to be the ingenuous meaning of the councillors, 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 councillors 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 explanatorie act, declaring that they subscribed the Confession according to the meaning 1580. and as it was then professed, for removing of that doubt. 3. Albeit by the meaning of the prescryver of an oath, the swerer were tacitly bound to maintain episcopacy, Five articles of Perth, and such-like, yet according to the premitted considerations, he is more oblished to the reality rei juratae, which is now declared and found to abjure episcopacy, &c. Nor to the meaning of the prescriver or his own either, being contrare to the explanation of the sovereign judge competent.  
The fourth reason is Sylogistically urged thus: It 
Answer to the fourth reason.  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 mantainer of episcopal government, but likewise is a defender, and mindes 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 Majesties known meaning. The minor is confirmed from our own Assertions.  
To this it is answered first, that in contradictory oaths, the swerer is more obliged to the true meaning of the oath, clearly expressed therein, then either to his own meaning, or any sense of the prescryver, 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 bee sworn conform to the genuine original first meaning. 2. That oath was justly refused by us upon that ground of discrepance amongst many others;& 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, 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 mantainance thereof to be religiously sworn.  
The fifth and last reason is, that we can never make it 
Answer to the fifth reason.  appear, that Episcopal government, 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 Kings majesty, and three Estates of this realm, as Gods eternal truth, and only ground of our salvation. Whereupon is inferred that Bishops, Abbots and priors, 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, and 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 sillabe 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 inferrence or ex consequenti, cannot bee adduced against the express acts of the time: wherein the makers signify their mindes in clear terms, & apertissime dicendo, leaveth no place to presume the contrare: 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 not our that no Prelate was present, or allowed▪ and yet the acts proporting to be made by his majesty and three Estates are interpnted by the quotter 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 bee evident in the answer made to the acts of Parliament, subjoined hereto: but if their be any Acts of Parliament standing for episcopacy, the Kings 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 contrare: 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 civill and ecclesiastical jurisdiction; making every on independent in matters properly belonging to their own judicatory, and every one subject to the other in matters properly belonging to that other. So that as the Assembly cannot make civill laws nor repeal them, nor imped the Parliament from making or repealing civill 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 civill sanction may concur with the ecclesiastical constitution: But will not stop the Assembly to recall their own act: which being annulled by them, the civill ratification and sanction fals ex consequenti. For to maintain that the Kirk may not repeal her own acts, ratified once in Parliament, is so derogatory to Christs 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 
Conclusion.  Scotland, indicted by his majesty now holden at Glasgow, which is the only judge competent and fit interpreter to remove and explain all doubts, airy sing 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 interpnted by his Majesties 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 shal swerve from our loyalty due to the Lords anointed: But would readily embrace any occasion to employ our lives and for tunes for his Majesties service and honour: who( we hearty pray God) may long& happily ring over us.  
There is annexed to this Declaration a quotation 
Anent acts of Parliament.  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 her self, 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& especially against episcopacy. But through they clearly& 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 preceding acts, alleged in the contrare. 2. That acts of Parliament can no more make ecclesiastical offices, nor give ecclesiastical privileges, nor the acts of Assembly can establish civill offices of Estate, or grant to them civill privileges; each Iudicatorie being properly confined within their own spheres.  
But before the acts of Parliament be particularly 
Answer to the acts 1567.  marked and cited, 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 Romes 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 Ecclesiaconstituta. 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 benefice, 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, priors, &c. Being protestants, brook their revenues during their life-times: they sustaining Ministers in the mean time. 2. In the year 1566. which preeceds that Parliament, the Kirk of this kingdom approved the Confession of Helvetia; wherein the parity of Ministers is preferred as Gods ordinance warranded by his word, to episcopacy, as an human consuetude. 3. Because at that time the Queen had restored the Archbishop of St. 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 Arch-bishops 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 declared 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 bee in the reformed kirk and floweth therefrom: and they urge that none under the abused titles in papistry, of prelates &c. attempt to claim the benefit of any act of Parliament, having no commission of the reformed Kirk within this realm. Whereby our Kirk declared all episcopal jurisdiction to bee papistical. Which is the true meaning of the word, his Hirarchie 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,& specially by Doctor Poklingtun chaplane 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 innovat 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.  
And for the 6. act 1567. and the 68. act 1579. The same doth not only not mention Bishops, but declareth 
Anent the sixth act 1567.  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 practise 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 human invention: So that episcopacy being contrare 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 contrare.  
As for the Kings oath, the same containeth no mention of Bishops, but by the contrary, the King is 
Anent the Kings oath.  obliged thereby to maintain the true Religion of Iesus 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 prespicuous 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 civill 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 herdmen as then were received by the Kirk and kingdom: and the freedom of the Kirk must bee interpret by her own judgement: who thought ever episcopal jurisdiction an heavy bondage: and yet those privileges can infer no spiritual jurisdiction, but only civill privileges; some immunities and exemptions granted for the goods and persons of herdmen 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 city 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 bee made to Superintendents, or others having commission from the Kirk,& appealleth 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 contrare 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 
Anent the acts 1572.& 1573.  is known by the records of the time, that the Regent then laboured hard to bring in Arch-bishops, and Bishops, who were not dead, but standing de facto provided to the power of these titulars of benefice, 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 saids acts of Parliament, the Arch-bishops, Bishops, Superintendents, or Commissioners of diocese or Provinces, are joined together( which is wrongously omitted in the quottation) to show that no Arch-bishop or Bishop, qua tales 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 name 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 Arch-bishops 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 priors, &c. were then retained; how beit the benefice were not extinct; and few will grant, that when the Arch-bishops and Bishops 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 quottation.  
As for the acts of Parliament 1578. and 1579. It is answered that the Kirk in this mean 
Anent the acts 1578. and 1579.  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 Kings 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 bee acknowledged, but that which is in this reformed Kirk, and floweth there-from, 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 foresaids 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 Majesties 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 unrepealled. 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 name, but such as stood provided de facto on life: which is an disignation of the bnfice, 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 benefice, 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 bnfice was not extinct, but they were known by that appellation.  
The acts of Parliament 1581. were better alleged 
Anent the act 1581.  for Assemblies then Bishops, for it is an express ratification of the former acts of abolition of Bishops,& abrogation of all acts or constitutions, cannons civil or municipal contrare 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 Majesties 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 mantainance of the liberty of the true Kirk of God, presently professed within this realm and purity therof: 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 interpnted, 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 Arch-bishops or Bishops are name, the same hath been by reason of their bnfice, 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 name 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 saids act 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 name, yet seeing the saids acts are alternative conceived, the vigour and efficacy thereof subsists by this ratification in the last alternative; viz. Commissioners from the Kirk, diocese 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 〈◇〉 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 entrust the execution to these whom the Kirk shall lawfully authorize 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 quo ad materiam: and yet all Arch-bishops 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 indevoure 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, by the Ministers 
Anent the act 1584. and the third estate of Parliament.  of Edinburgh in the name of the Kirk of Scotland, at the mercate 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 civill 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 Mountgomrie 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 bee called the third Estate which doth ratify, so the Estate of Bishops, cannot be called the third Estate, which is ratified: especially seeing be that same Parliament in the 132, act. Bishops of the Diocie are but nominate the Kings Commissioners. And in the last act of that same Parliament, printed of old in black letter, there is set down the Kings Commission granted to the said pretended Bishop Adamson.  
4. From 1581, till the year 1597. the quotter doth not city nor can city any act of Parliament expressly nominating any ecclesiastical Bishop but that in the 1584. wherein he is name as one amongst other the Kings 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, Pryories, nunneries, were then thought to bee alike in the Kings hands, were granted to whatsoever persons being his subjects, albeit they brooked no office in the Kirk: so that some of these worships 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, contrare to the word of God and acts of the Kirk in the Assembly 1587. Iuni. 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, priors, Nunnes, and monks: reserving always to Archbishops, Bishops, Abbots, priors, Pryoresses, commendators, and others possessors of great benefice 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, sate in that Parliament, nor could sit: because the only two Bishops of the time Adamson and Montgomery, were before depryved and excommunicat, and certainly they neither would nor could have satin as an Estate in Parliament to abrogate their own estate and lordships, and temporal land, where-upon that act acknowledgeth any right they had, did depend. 2. It is clear that Arch-bishops or Bishops, Abbots, priors, &c. all alike voted in Parliament of old, not by reason of their ecclesiastical office, but by reason of their great benefice 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 benefice. So that Ministers voted not as Ministers in name of the Kirk, but as possessors of these great benefice or baronies: and others who were not ecclesiastical persons being titulars, and possessors of these great benefice both communi stylo were called, Bishops, Abbots, &c. by virtue of the bnfice 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 Kings 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 benefice, 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 lordships baronies, and temporal lands, they took away their vote in parliament, which doth not subsist, but in and by the bnfice, and therefore ecclesiastical persons separat to the Gospel for want of their great benefice, had no vote in Parliament, till the 1597.( albeit all the interveened acts are made by the three Estates,) wherein the Kings majesty restoreth Ministers to the titles and dignities of Prelacies, which showeth that before they were disponed to others then Ministers; and provideth that Ministers presented to these titles and dignities, and to the bnfice of bishoprics, shall have vote in Parliament: which showeth that the bnfice 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 bnfice to the Crown 1587. the estate of Bishops were indirectly abolished: and therefore they behoved to rescind the act of annexation anent the bnfice, 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 name, under one of which the Prelate claimeth to bee comprehended, but why more he then Abots, and priors formerly abolished, as well as episcopacy? why more by that act, then many former made when Bishops neither road, sate, 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 hunder 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 abrogat 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 name 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 Chancelarie are ordained to bee 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 by-gone great decay of the eclesiastical 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 necessar 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 civill places of herdmen.  
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 Kings Commissioners with them, only as the Kings 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: being a general ratification of all acts formerly made 
Anent the act 1587.  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 contrair to Gods word, and the liberty of the Kirk, and approved presbyterial government, as flowing from the pure fountain of Gods word.  
It faleth in here to be remarked that the act 114. anno 1592. is never alleged: and that because it not only 
Anent the act 1592.  revocks in particular the foresaid acts 1584. but in general all other acts contrary to that discipline then established, and in particular, the Assemblies, Presbytries and Synods, with the discipline and jurisdiction of this Kirk, are ratified and established, as most just and Godly, not withstanding whatsoever statutes, acts, cannons, civill or municipal laws made in the contrare: whereunto his Majesties prerogative is declared to be no ways prejudicial. Further the said act abrogates all acts granting commission to Bishops, and other Iudges constitute in ecclesiastical causes; and ordaineth presentation to benefice 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 
Anent the acts 1597.  in Parliament to the whole Kirk; and under that name to Abbots, or other persons provided to prelacies, as well as Bishops: even as in time of papistry. So as Sr. Robert Spottiswood, Abbot of New-abbay road thereafter in Parliament: which was both unwarrantable and unusual. Which doth nothing contribute for the Bishops advantage, because albeit the bnfice 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 remiteth 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& 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 derogat 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 bnfice 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 proponded nor tolerated in other terms then that only such should have vote in Parliament, as had commission 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 prest 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 civill places of Pastours) set down cautions, binding the Ministers voters in parliament, to bee insert in the act of Parliament subsequent: which was omitted notwithstanding of the Bishops oath and duty in the contrare; for the breach whereof they are now most justly censured. 6. The ratificatorie acts of the privileges of the Kirk and Discipline thereof then professed, are not thereby abrogat, 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 cujuslibet; 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 bnfice 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 trinching upon the third Estate.  
The act of parliament 1606. is coincident with the nature of the preceding acts, for albeit the 
Anent the act 1606.  King and parliament might have reponed them to their rents, teends, lands, &c. which were annexed to the Crown; yea, might have disponed to them any part of the patrimony of the Crown, If lordly titles and civill places in the persons of pastours 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 civill 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.  
Likeas also the act of Parliament 1609. restoreth them only to temporal jurisdiction, and privileges, 
Anent the act 1609.  lawfully pertaining to them and flowing from his majesty, as any other ordinare jurisdiction doth: with reservation of the Kings 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 Gods word and the laws of the kingdom was abjured in them, and established in Assemblies Presbyteries, &c. as is many times before repeated. But to convince them further it is notor that both 1606, and 1609. they road in Parliament,& 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, contrair 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 civill places in persons of Pastors, from Gods 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.  
And as for the act of Parliameat 1617. it cannot 
Anent the act 1617.  set down consecration to the office, without a preceding act of the Kirk: which is not alleged: but by the contrair, 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 practise of this kingdom. For when the principal act or right ratified doth fall, the subsequent ratification falleth eo ipso: especially in this case, when civill laws in ecclesiastical matters, cannot be made originally, nor subsist after the abolition of the ecclesiastical constitutions, which they ordain under civill sanction to be obeied: and yet being once annulled they cannot be obeied. 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 bnfice 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, let the Christian Reader consider, if, as the 
Conclusion.  Assembly lately convened by his Majesties indiction in the name of Iesus 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 deprecat Gods wrath,& 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.  
FINIS.