Chapter XIII: Act 131: , Par. 8, K. Ja. 6, and the subjects’ liberties, who ought (10)

That it is declared in this Proclamation, That his Majesty neither intendeth to innovate any thing in Religion or Lawes, or to admit of any change or alteration in the true Religion already established and professed in this Kingdome: and withall, this is interposed, That the articles of Pearth are established by the acts of Parliament and generall Assembly, and dispensation of the practice only granted, and discharge given, that no person be urged with the practice thereof; and consequently, his Majesties intention for the standing of the Acts of the Assembly and Parliament, appointing the Articles of Pearth, is manifest; which is no small prejudice to the freedome of the Generall Assembly, That while the Proclamation ordaineth all his Majesties subjects to be liable to the triall and censure of the judicatories competent, and that none of them shall use any unlimited and unwarranted power; likewise that no other oath be administred to Ministers at their entrie, then that which is contained in the Act of Parliament; in both these Articles the Bishops are meaned, who are only thereby for the present curbed, against their exorbitancie and enormities in exercing their office: but the office of Bishops is thereby not only presupposed as unquestionable, but also so strongly established, that his Majestie declareth, for the present, his intention, to admit no innovation therein: which is more evident by the indiction of the Parliament, warning all Prelats to be present, as having voice and place in Parliament; and by the indiction of the Assembly, warning all Archbishops and Bishops (for so are their divers degrees and offices Ecclesiasticall here designed and supposed) to be present, as having place and voyce in the Assembly, contrary to the caveats, acts of the Kirk, and our declinator: And thus a third and great limitation is put upon the Generall Assembly. The Proclamation, by reason of these many reall limitations, and prejudices of the liberty of the Assembly in the very points which have wrought so much woe and disturbance in this Kirk and Kingdome, and wherein the liberty of the Assembly is most usefull and necessary at this time, can neither satisfie our grievances and complants, nor remove our feares and doubts, nor cannot (without protestation) be admitted by us his Majesties subjects, who earnestly desire that Truth and Peace may be established; and that for the reasons following:—

1. To keepe silence in any thing that may serve for the good of the Kirk, whether it be in preaching, prayer, or in proposing and voyceing in a lawfull Assembly of the Kirke, is against the word of God. Esai. 62. 6. “Yee that are the Lords remembrancers, keepe not silence, and give him no rest till he establish, and till he make Jerusalem a praise in the earth.” 1. King. 18. 21. “Like the halting of the people betweene two opinions, and their not answering a word, when the Lord called them to give a testimony.” Act. 20. 20. “I have keeped backe nothing that was profitable unto you:” and againe 1 Cor. 12. 7. Mat. 15. 18. Rom. 1. 18. Revel. 2. 14. 20. and 3. 15: and therefore to keepe silence, or not to meddle with corruptions, whether in doctrine, sacraments, worship or discipline, in a generall Assembly of the Kirk, conveened for that end, were the ready way to move the Lord to deny his Spirit unto us, and to provoke him to wrath against our proceedings, and might be imputed unto us for prejudice, for collusion, and for betraying our selves and the posterity.

2. This predetermination is against our supplications and protestations, wherein we have showne ourselves so earnest for a free generall Assembly, contrary to every limitation of this kind; so far prejudging the liberty thereof, is against the Confession of Faith registrated in the Parliament 1567, declaring that one cause of the Councels of the Kirk is for good policie and order to be observed in the Kirk, and for to change such things as men have devised when they rather foster superstition then edifie the Kirke, using the same; and is against our late Confession, wherein we have promised to forbeare all novations till they be tryed, which obligeth us to forbeare now, and to try them in an Assembly, and by all lawfull meanes to labour to recover the former purity and liberty of the Gospel, to which this limitation is directly repugnant, our liberty in a Generall Assembly being the principall of all lawfull meanes serving to that end.

3. This were directly contrary to the nature and ends of a generall assembly, which having authority from God, being conveened according to the lawes of the Kingdome, and receiving power from the whole collective body of the Kirke, for the good of Religion, and safety of the Kirke; whatsoever may conduce for these good ends in wisdome and modesty should be proponed, examined, and determined without Prelimitation, either of the matters to bee treated, or of the liberty of the members thereof. It being manifest, that as farre as the assembly is limited in the matters to bee treated, and in the members to be used, the necessary ends of the Assembly, and the supreme Law, which is the safety of the Kirke, are as far hindered, and pre-judged.

This limitation is against the Discipline of the Kirke, which Booke 2. chap. 7. declareth this to be one of her liberties, That the Assembly hath power to abrogate and abolish all Statutes and ordinances concerning Ecclesiasticall matters that are found noysome and unprofitable, and agree not with the time, or are abused by the people, and against the acts of the generall assembly. Like as the pretended Assembly 1610 declareth for the common affaires of the Kirk (without exception or limitation) it is necessary that there bee yearely generall Assemblies, And what order can bee hoped for hereafter, if this assembly indicted after so long intermission, and so many grosse corruptions be limited, and that more than ever any lawfull Assembly of the Kirk was, when it was yearly observed.

5. It is ordained in Parl. 11. act 40. K. James 6. anent the necessary and lawfull forme of all Parliaments that nothing shall be done or commanded to be done, which may directly or indirectly pre-judge the liberty of free voicing or reasoning of the Estates, or any of them in time coming. It is also appointed in Parl. 6. act 92. K. James 6. that the Lords of Counsell and Session proceed in all civill causes intended or depending before them, or to be intended, to cause execute their decrees notwithstanding any private writing, charge, or command in the contrary, and generally by the acts of Parliament appointing every matter for its owne judicatorie, and to all judicatories their owne freedome. And therefore much more doth this liberty belong to the supreame judicatory ecclesiastick in matters so important as concerneth Gods honour and worship immediately, the salvation of the peoples Soules, and right constitution of the Kirk whose liberties and priviledges are confirmed Parl. 12. K. James 6. Parl. 1. K. Charles, for if it be carefully provided by diverse Acts of Parliament, especially Parl. 12. act 148. King James 6. That there be no forstalling or regrating of things pertaining to this naturall life: What shall be thought of this spirituall forstalling and regrating which tendeth to the famishing or poysoning of the soules of the people both now and in the generations afterward.

6. It were contrary to our Protestations, proceedings and complaints against the late innovations. And it might bee accounted an innovation and usurpation as grosse & dangerous to us, & the posterity, and as prejudiciall to Religion as any complained upon by us, to admit limitations, and secret or open determinations, which belongeth to no person or judicatory, but to an Assembly, Or to consent to, and approve by our silence the same predeterminations, It were to be guilty of that our selves, which we condemn in others. We may easily judge how the Apostles before the Councell of Jerusalem, the Fathers before the Nicene Councell, and our Predecessors before the assembly holden at the Reformation, and afterwards, would have taken such dealing.

That this Proclamation commandeth all his Ma jesties Subjects for maintenance of the Religion already established to subscribe and renew the Confession of Faith subscribed before in the yeare 1580 and afterward. And requireth the Lords of privy Counsell to take such course anent the same, and the generall Band of Maintenance of the true Religion, and the Kings person, that it may be subscribed, and renewed throughout the whole Kingdome with all possible diligence, which cannot now be performed by us. For although of late we would have been glad that our selves and other his Majesties Subjects had been commanded by authority to sweare, and subscribe the generall Confession of Faith against Popish errours, and superstitions: and now would be glad that all others should ioyne with us in our late Covenant & Confession, descending more especially to the novations and errors of the time, and obliging us to the defence of Religion; and of the Kings Maiesties person, and authority, and for these ends to the mutuall defence every one of us of another, Yet can we not now after so necessary, and so solemne a specification returne to the generall for the reasons following.

1. No means have been left unassayed against our late Confession of Faith and Covenant so solemnly sworn and subscribed. For first we were prest with the rendering and rescinding of our Covenant. Next an alteration in some substantiall points was urged. 3. A Declaration was motioned, which tended to the enervation thereof, and now we finde in the same strain, that we are put to a new triall, and the last mean is used more subtile than the former: That by this new subscription our late Covenant, and Confession may be quite absorbed and buried in oblivion, that where it was intended & sworn to be an everlasting Covenant never to be forgotten, it shall be never more remembered, the one shall be cryed up, and the other drowned in the noise thereof, And thus the new subscription now urged (although in a different way) shall prove equivalent to the rendering of the Covenant, or what of that kinde hath before been assayed. Like as the reasons against the rendring of the Covenant, doe militate directly against this new motion.

2. If we should now enter upon this new Subscription, we would think our selves guilty of mocking God, & taking his Name in vain, for the tears that began to be powred forth at the solemnizing of the Covenant are not yet dryed up and wiped away, and the joyfull noise which then began to sound hath not yet ceased, and there can bee no new necessity from us, and upon our part pretended for a ground of urging this new subscription, at first intended to be an abjuration of Popery upon us who are knowne to hate Popery with an unfained hatred, and have all this yeare bygone given large testimony of our zeale against it. As we are not to multiply miracles on God’s part, so ought we not to multiply solemne oathes and Covenants upon our part, and thus to play with oathes, as children doe with their toyes, without necessity.

3. Neither would we in giving way to this new subscription think our selves free of perjury: for as we were driven by an undeclinable necessity to enter into a mutuall Covenant, so are we bound, not only by the law of God and nature, but by our solemn oath and subscription, against all divisive motions to promove and observe the same without violation: and it is most manifest, that having already refused to render, alter, or destroy our Covenant, nothing can bee more contrary and adverse to our pious intentions and sincere resolutions, than to consent to such a subscription and oath, as both in the intention of the urgers, and in the nature and condition of the matter urged, is the ready way to extinguish, and to drowne in oblivion the Band of our union and conjunction that they be no more remembred. In this case we are called to lay seriously to our hearts, 1, That we have sworne that we shall neither directly, nor indirectly suffer our selves to be divided and withdrawne from this blessed and loyall conjunction, which consisteth not only in the generall Confession, but also in our explanation, & application thereof, but on the contrary, shal by all lawfull means, labour to further and promove the same. 2. That our union and conjunction may be observed without violation, (and so without mutilation of our application) we call the living LORD to witnesse, as we shall answer to Christ in the great Day, &c.

4. This new subscription, instead of performing our vows, would be a reall testimony and confession before the World, That we have been transgressours, in making rash vows, that we repent our selves of former zeal and forwardnesse against the particulars exprest first in our Supplications, Complaints, and Protestations, and next abjured in our Covenant, that we in our judgement prefer the generall Confession unto this, which necessarily was now made more speciall; and that we are now under the faire pretext and honest cover of a new oath, recanting & undoing that, which upon so mature deliberation we have been doing before. This beside all other evils, were to make way and open a door to the re-entry of the particulars abjured, and to repent our selves of our chiefest consolations, and to lie both against God and our owne soules.

5. It hath been often objected, that our Confession of Faith, & Covenant was unlawfull, because it wanted the warrants of publick authority, and it hath been answered by us, that we were not destitute of the warrant civill and ecclesiasticall which authorized the former Covenant. And although we could have wished that his Maᵗʸ had added both his subscription & authority unto it, yet the lesse constraint from authority and the more liberty, the lesse hypocrisie, and more sincerity hath appeared: But by this new subscription urged by authority we both condemn our former subscription as unlawfull, because alleadged to be done without authority, and precondemn also the like laudable course in the like necessity to be taken by the posterity.

6. What is the use of merch-stones upon borders of Lands, the like use hath Confessions of Faith in the Kirk, to disterminate and divide betwixt Truth and errour: and the renewing and applying of Confessions of Faith to the present errors and corruptions, are not unlike ryding of merches. And therefore to content our selves with the generall, and to return to it, from the particular application of the Confession necessarily made upon the invasion or creeping in of errors within the borders of the Kirk, if it be not a removing of the merch stone from its own place, it is at least the hiding of the merch in the ground that it be not seen, which at this time were very unseasonable for two causes. One is, because Popery is so pregnant, and powerful in this land, as we have learned of late. The other, because the Papists who upon the urging of the Service book & Canons, have presumed of our return to Rome, will upon this our subscription arise from their dispareing of us, unto their wonted presumption. None of us will deny, but the large Confession of Faith registrated in the Acts of Parliament, doth by consequence contain this short confession and abjuration: Yet were it not sufficient against Popery to subscribe the one without the other: how then shall we think that the more generall Confession & abjuration at this time, when the urging of such Popish books hath extorted from us so necessary an application, and doth still call for a testimony, to be compleat enough without it.

7. The Papists shall hereby be occasioned to renew their old objection against us, _Annuas & menstruas fides de Deo decernunt_, That our Faith changeth with the Moon, or once in the yeere. Other reformed Kirks might justly wonder at our inconstancy in changing our Confession without any reall necessity, and that in one and the same yeer it cometh forth larger, & more particular, then shorter, & more generall: & our Adversaries will not fail to traduce us as troublers of the peace of the kirk & kingdom without any necessar cause.

8. It will likewise prove a confirmation of their errour, who think they may both subscribe the Confession of Faith, and receive the Service book, and Canons, which is not only a direct scandaling of them, but also a ready way to put a weapon in their hands against our selves, who maintain and professe that these and such other evils are abjured in the Confession of Faith.

9. If we should now sweare this Confession, we should be obliged by our oath to maintain Perth articles, which are the innovations already introduced in the worship of God, and to maintain Episcopacy, with the civill places, and power of Kirkmen. Because we are bound to swear this Confession by vertue of & conform unto the Kings command signed by his sacred Majesty of the date September 9. 1638. (These are the very words subioyned to the Confession and Band, and prefixed to the Subscriptions) and it cannot be denyed, but any oath ministred unto us, must either be refused, or else taken according to the known mind, professed intention, and expresse command of Authority urging the same: And it is most manifest, that His Maiesties minde, intention, and Commandement, is no other, but that the Confession be sworne, 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 Maiesties Proclamations) and thus as it includeth, and conteineth within the compasse thereof, the foresaid novations and Episcopacy, which under that name were also ratified, in the first Parliament holden by his Majesty. And where it may be objected, that the Counsellors have subscribed the Confession of Faith, as it was professed 1580. and will not urge the Subscription in another sense upon the Subjects. We answer, First, the Act of Counsell containing that declaration, is not as yet published by Proclamation. Secondly, if it were so published, it behooved of necessity either be repugnant to His Majesties declared Iudgement and Command, which is more nor to sweare without warrand from Authority (a fault although unjustly, often objected unto us) or else we must affirme the Religion in the yeare 1580. and at this time to be altogether one and the same; and thus must acknowledge, that there is no novation of Religion, which were a formall contradiction to that we have sworne. 3. By approving the Proclamation anent the Oath to be administred to Ministers, according to the Act of Parliament, which is to sweare simple obedience to the Diocesan Bishop, and by warning all Archbishops and Bishops to be present; as having voice and place in the Assembly: They seem to determine, that in their Iudgement the Confession of Faith, as it was professed 1580. doth consist with Episcopacy, whereas We by our oath have referred the tryall of this or any other question of that kinde to the generall Assembly & Parliament.

10. This subscription and oath in the mind & intention of authority, & consequently in our swearing thereof may consist with the corruptions of the Service book & Canons, which we have abjured as other heads of Popery: For both this present proclamation, and his Majesties former proclamations at Linlithgow, Striveling, Edenburgh; The Lords of privy Counsell in their approbation of the same; and the prelates and doctors who stand for the Service book & Canons, Doe all speak plainly, or import so much, That these bookes are not repugnant to the Confession of Faith; and that the introducing of them is no novation of religion or law: And therefore wee must either refuse to subscribe now, or we must confesse contrary to our late Oath, and to a cleare Truth, That the Service book and Canons are no innovations in Religion. And, though the present bookes be discharged by proclamation, yet if we shall by any deed of our own testifie, that they may consist with our Confession of Faith, within a very short time, either the same bookes, or some other like unto them, with some small change, may be obtruded upon us, who by our abiuration (if we adhere unto it) have freed both our selves, and the posterity of all such corruptions, and have laid a faire foundation for the pure worship of God in all time comming.

11. Although there be indeed no substantiall difference between that which We have subscribed, & the Confession subscribed 1580. more than there is between that which is hid, and that which is revealed; A march stone hid in the ground, and uncovered, betwixt the hand closed and open, betwixt a sword scheathed and drawne, or betwixt the large Confession, registrat in the Acts of Parliament, and the short Confession, or (if we may with reuerence ascend yet higher) between the Old Testament & the New, yet as to scheath our sword when it should be drawn, were imprudency, or at the commandement of Princes, professedly Popish in their dominions, after the Subiects had subscribed both Confessions, to subscribe the first without the second, or at the will of a Jewish Magistrate, openly denying the New Testament, to subscribe the Old alone, after that they have subscribed both, were horrible impiety against God, and Treachery against the Truth: Right so, for Vs to subscribe the former a-part, as it is now urged and framed, without the explanation and application thereof at this time, when ours is reiected; and the subscribers of the former refvse to subscribe ours, as containing something substantially different, and urge the former upon us, as different from ours, and not expressing the speciall abiuration of the euils, supplicated against by us, were nothing else, but to deny and part from our former subscription, if not formally, yet interpretatively. Old Eleazar, who would not seeme to eate forbidden meate, and the Confessors and Martyrs of old, who would not seeme by delivering some of their papers, to render the Bible, or to deny the Truth, may teach us our duty in this case, although our lives were in hazard for refusing this Subscription: And who knoweth but the LORD may be calling His people now, who have proceeded so far in professing His Truth at this time, to such Trials and Confessions, as His faithfull witnesses have given of old; that in this point also our doing may be a document both to the succeeding ages, and to other Kirks, to whom for the present we are made a spectacle.

12. If any be so forgetfull of his oath (which God forbid) as to subscribe this Confession, as it is now urged, he doth according to the proclamation acquiesce in this declaration of his Majesties will, and doth accept of such a pardon as hath need to be ratified in Parliament, And thus doth turne our glory unto shame, by confessing our guiltinesse, where God from Heaven hath made us guiltlesse, and by the fire of His Spirit from Heaven hath accepted of our service, And doth depart from the commandement of God, the practise of the Godly in former times, and the worthy and laudable example of our worthy and religious progenitours, in obedience whereof, and conform to which, We made profession to subscribe: for there is no particular Act required of us, to whom the pardon is presented in this proclamation, but this new subscription allanerlie.

13. The generall band now urged to be subscribed, as it containeth many clauses not so fitting the present time as that wherein it was subscribed, so is it deficient in a point, at this time most necessary, Of the reformation of our lives, that we shall answerably to our profession, be examples to others, of all Godliness, sobernesse and righteousnesse and of every duty we owe to God and man, without which we cannot now subscribe this Confession, least we loose the bands to wickednesse, seem to repent of our former resolutions and promises, and choose to have our portion with hypocrites, professing and swearing that we know GOD, but in our workes denying him, being abominable, disobedient, and unto every good work reprobate.

14. Since the narrative of the generall band is now changed, & some lines, expressing at length the Papists, and their adherents to be the partie from whom the danger to Religion, and the Kings Majestie was threatned, are left out, and no designation made of the partie from whom the danger is now threatned, We are made either to think, that our subscription at this time is unnecessarie, or to suspect that we who have supplicated and entred in Covenant, are understood to be the partie, especially since the Lords of Councell have in the Act Septemb. 22. ratifying the Proclamation, found themselves bound to use their best endeavours, that all his Majesties good subjects may rest satisfied with his Majesties Declaration, since also we have beene (although undeservedly) challenged of disorders, distractions, and dangers to Religion, and his Majesties authority; and since in the foresaid Act, and in the missive directed to his Majestie, the Lords of Councell offer their lives and fortunes to his Majestie, in repressing all such as shall hereafter prease to disturbe the peace of this Kirk and Kingdome; which being expressed in a generalitie is by many applied to us, and interpreted of our adhering to our Covenant; We should therefore, by our subscription of the Covenant, as it is now conceived, both do directly against our owne minds in condemning our selves, wherein we are innocent, and should consent to our owne hurt, to the suppressing of the cause which we maintaine, and to the repressing mutually one of us of another, dirictly contrarie to our former solemne Oath and subscription.

15. The subscribing of this Confession by the Lords of His Majesties privie Councell, who by their place and high employment are publike Peacemakers, and by others who have not subscribed the late Confession, will make the breach wider, and the lamentable division of this Kirk more desperate then ever before, some having sworne to labour by all lawfull meanes to recover the former Libertie, and puritie of Religion, and others maintaining that for puritie, which is alreadie established; Some beleeving and professing, that the evils supplicated against, are abjured in that Confession of Faith, and others maintaining the Confession of Faith, and these corruptions (although for the present discharged by Authoritie) not to be inconsistent: and beside this, many divisions and subdivisions will ensue, to the dolefull renting of the Kirk and Kingdome, making way for the wrath and many judgements of God often threatned by his faithfull servants, which all the godly ought to labour by all meanes to prevent.

16. Wee represent also to the honourable Lords of privie Councell to be considered, That the Doctrine, Discipline, and Use of Sacraments are sworne, and the contrarie abjured, according to the Word of God, and the meaning of the Kirk of Scotland, in the Books of Discipline and Acts of Assemblies; And that in the Oath there is no place left to the generalitie of any mans conception of the true Faith and Religion, nor to any private interpretation, or mentall reservation.

For these and the like considerations, in our owne name, and in name of all who will adhere to the late Covenant, subscribed by Us, and sealed from Heaven, We (from our dutie to God, our King, our native Countrey, our selves, and the posteritie, lest our silence import a satisfaction of our desires, and a stopping of our mouths, from necessarie supplication, for things yet to bee obtained from his Majesties just and gracious disposition), are constrained to declare and protest, First, That the cause and occasion of the distractions of the Kirk and common-wealth are no wayes to bee imputed unto us, or our needlesse feares, but to the innovations and corruptions of Religion, which, against the acts and order of this Kirk, and the Lawes of the Kingdome, have beene pressed upon us the people of God, and his Majesties loyall Subjects; who, although under great thraldom, were living in peace and quietnesse, labouring in all godlinesse and honestie, to do our dutie to God and man. Secondly, We protest, that all questions and doubts that arise, concerning the freedome of the Assemblie, whether in the constitution and members thereof, or in the matters to be treated, or in the manner and order of proceeding, be remitted to the determination of the Assembly it selfe, as the onely proper and competent Judge, And that it shall be lawfull for us, being authorized with lawfull commissions, as at other times when the urgent necessitie of the Kirk shall require, so in this exigence to assemble our selves at the Diet appointed, notwithstanding any impediment or prorogation to the contrary. And being assembled, against all qualifications and predeterminations, or presupposals, to propone, treat, reason, vote, and conclude, according to the Word of God, Confession of Faith, and Acts of lawfull Assemblies, in all Ecclesiasticall matters pertaining to the Assemblie, and tending to the advancement of the Kingdome of Christ and good of Religion.

Thirdly, since Archbishops and Bishops have no warrand for their office in this Kirk, since it is contrary both to reason and to the Acts of the Kirk, that any have place and voice in the Assemblie, who are not authorized with lawfull Commissions; and seeing both in common equitie, and by the tenour of this Proclamation they are made lyable to the triall and censure of the Assembly, Wee protest, that they bee not present, as having place or voice in the Assembly, but as _rei_ to compeere, for underlaying tryall and censure upon the generall complaints already made, and the particular accusations to bee given in against them; And that the warning given by His Majesties Proclamation, and this our Protestation, bee a sufficient citation to them, to compeer before the Assembly, for their triall and censure in life, office, and benefice.

Fourthly, Wee solemnly protest that We do constantly adhere to our Oath and Subscription of the Confession of Faith and Covenant, lately renewed and approven, with rare and undeniable evidences from heaven, of the wonderfull workings of his Spirit, in the hearts both of Pastors and people, through all the parts of the Kingdome; And that we stand to all parts and clauses thereof, and particularly to the explanation and application, containing both our abjuration of, and our union against the particular evils and corruptions of the time; a dutie which the Lord at this time especially craveth at our hands.

Fifthly, We also Protest, that none of us who have Subscribed, and do adhere to our Subscription of the late Covenant, be charged, or urged, either to procure the subscriptions of others or to subscribe ourselves unto any other Confession or Covenant, containing any derogation therunto, especially that mentioned in the Proclamation, without the necessarie explanation and the application thereof alreadie sworn by us for the reasons above expressed: And because, as we did in our former Protestation appeale from the Lords of His Majesties Councell, so do we now by these renew our solemne appeale, with all solemnities requisite, unto the next free Generall Assemblie and Parliament, as the onely supreame nationall Judicatories competent, to judge of nationall causes and proceedings.

Sixthly, We protest, That no subscription, whether by the Lords of Councell or others, of the Confession mentioned in the Proclamation, and enjoyned for the maintenance of Religion, as it is now already, or at this present time established and professed within this Kingdome, without any innovation of Religion or Law, be any manner of way prejudiciall to our Covenant, wherein we have sworn to forbeare the practice of Novations already introduced, &c. till they be tryed in a free Assembly, And to labour by all lawfull meanes, to recover the puritie and libertie of the Gospel as it was established and professed before the foresaid Innovations: And in like manner, that no subscription foresaid be any derogation to the true and sound meaning of our worthy predecessours, at the time of their subscription in the yeer 1581. and afterward: Withall, warning and exhorting all men who lay to heart the cause of Religion, against the corruptions of the time & the present estate of things, both to subscribe the Covenant as it hath bin explained, & necessarily applied; and as they love the puritie and libertie of the Gospel, to hold back their hands from all other Covenants, till the Assembly now indicted be conveened, & determine the present differences and divisions, & preserve this countrey from contrary oathes.

Seventhly, As his Majesties royall clemencie appeared in forgiving and forgetting what his Majestie conceiveth to be a disorder or done amisse in the proceeding of any; so are we very confident of his Majesties approbation, to the integrity of our hearts and peaceablenesse of our wayes and actions all this time past: And therefore We protest that we still adhere to our former complaints, protestations, lawfull meetings, proceedings, mutuall defences, &c. All which, as they have been in themselves lawfull, so were they to us, pressed with so many grievances in his Majesties absence from this native kingdome, most necessary, and ought to be regarded as good offices, and pertinent duties of faithfull Christians, loyall subjects, and sensible members of this Kirk and Common-wealth, as we trust at all occasions to make manifest to all good men, especially to his sacred Majestie, for whose long and prosperous government, that we may live a peaceable and quiet life in all godlinesse and honesty, We earnestly pray.

WHEREUPON a noble Earle, James Earle of Montrose, &c., in name of the Noblemen; M. Alexander Gibson, younger of Durie, in name of the Barons; George Porterfield Merchant Burgesse of Glasgow, in name of the Burrowes; M. Harie Rollock Minister at Edinburgh, in name of the Ministers: and M. Archbald Johnstoun Reader hereof, in name of all who adhere to the Confession of faith and Covenant lately renewed within this Kingdome, tooke instruments in the hands of three Notars present, at the said Mercate Crosse of Edinburgh, being invironed with great numbers of the foresaid Noblemen, Barons, Gentlemen, Burrows, Ministers, and Commons, before many hundred witnesses, and craved the extract thereof: And in token of their dutifull respect to his Majestie, confidence of the equitie of their cause, and innocencie of their carriage, and hope of his Majesties gracious acceptance they offered in all humilitie with submisse reverence a copie thereof to the Herauld.

* * * * *

1638.—September 24.

72. _Proclamation._[96]

At Holy-rood-house the 24. day of September Anno 1638.

The which day a Noble Earle, James Marquesse of Hamiltoun, Earle of Arran and Cambridge, his Majesties Commissioner, having produced and exhibit before the Lords of secret Councell, upon the twenty-second day of this instant, a warrant signed by his Majestie, of the date the ninth of September instant; wherein among others of his Majesties gracious and royall expressions for preservation of the purity of Religion, and due obedience to his Majesties authoritie in the maintenance thereof, his Majestie did will and ordaine that the Lords themselves should sweare the Confession and generall Band mentioned in his Majesties said warrant, and also should take such order as all his Majesties lieges may subscribe the same. And the said Lords of secret Councell, acknowledging his Majesties pious and gracious disposition and affection to the purity of Gods truth, did upon the 22. day of September instant, unanimously and with all humble, hearty, and sincere affection, sweare and subscribe the Confession of Faith, dated the second of March 1580. according as it was then profest within this Kingdome: Together with the foresaid generall Band dated in Anno 1589. And now to the effect that all his Majesties lieges may give the like obedience to his Majesties so pious desire, therefore the said Lords have ordained and ordaines all his Majesties lieges, of whatsoever estate, degree or qualitie, Ecclesiasticall or Civill, to sweare and subscribe the said Confession, dated the second of March 1580. and that according to the said date and tenour thereof, as it was then profest within this Kingdome: Together with the said generall Band dated in Anno 1589. as they will answer at the contrarie upon their obedience. And ordaines Officers of Armes to passe to the market crosse of Edinburgh, and make publication hereof, and at all other places needfull, where-through none pretend ignorance of the same.

* * * * *

1638.—September 30.

73. _Letter from the King to Hamilton._[97]

HAMILTON,

I have no time now to make my observations upon your Proceedings, therefore now I shall onely tell you that I approve them all, (in what concerns your part of them;) and that not onely so, but that I esteem it to be very great Service (as the times are.) This much I thought necessary at this time to encourage you in your Proceedings: my next shall be longer, yet this is enough to assure you that I am

Your assured constant Friend,
CHARLES R.

Hampton-Court,
30 Sept. 1638.

* * * * *

1638.—October 1.

74. _Letter from the King to the Council._[98]

Right trusty and right wel-beloved Cousin and Councellour, Right trusty and right well-beloved Cousins and Councellours, We greet you well: As by your Letter We finde now well you are satisfied with Our gracious pleasure, expressed in Our late Proclamation and Declaration; so We do expect the continuance of your care by your best indevours, to bring al Our good people to a true sense of Our Royal intentions, and reall care of preferring and advancing the good and peace of that Church and Kingdome, which hath always been and still is one of Our chiefest cares. We give you hearty thanks for your affection and pains in this service, and do approve of your course in subscribing of the Confession and band, and order taken by you for publishing and requiring the like due and thankfull acceptance of Our gracious pleasure by all Our good subjects. And seeing the time of the Assembly doth now approach, We require you to attend diligently upon our Commissioner, untill the time appointed for the down sitting of the said Assembly, and further, to the finall ending thereof; that from time to time you may be assisting to him with your best opinions and advices, for preparing and digesting every thing that may conduce to bring this businesse, to be treated upon in the Assembly, to the wished peaceable and happy end. And although We will not doubt but that all Our good subjects will be carefull of every thing that may concern Us, or Our Sovereign Authority: yet because that at such publick and generall meetings, it is not to be expected that all mens dispositions will bee alike, and of one temper, We require you, and that in a more particular manner, according to the trust and confidence We have in your affections to Our Service, carefully to advert, that if any proposition shall be made, which may seem to derogate from Soveraignty, or that true estate of Monarchicall Government already established within that Kingdome, or which may impede the peaceable conclusion of this Assembly, that as good subjects and faithfull Councellours and servants to Us, you assist Our Commissioner to withstand the same to the uttermost of your power: To whom We will you to give absolute trust in every thing which he in Our name shall deliver or impart to you, or any of you, in publick or in private, And so we bid you farwell. From Our Honour of Hampton Court the first of October, 1638.

* * * * *

1638.—October 3.

75. _Letter from Lords Covenanters to Commissioner._[99]

PLEASE YOUR GRACE,

Wee wer glade of the indiction of the ane assembley, as the means to bring our complaints to ane end; and as wee promissed for our pairt to doe our endeuore, that all matters might be carried in a peaceable way, and no man troubled in any sorte till that tyme, so did wee certainlie expecte, that no violence or molestatione should haue beine wssed aganist aney of thosse quho had subscriued the last couenant; and zet, far contrarey to our expectation, are brought hither almost eurey houre griuous complaints from maney of the people in diuersse pairts of the kingdome; that they are by the threttninges and oppin violence of some statsmen, and counsellers, and barrons, constrained to subscriue a confession of faithe and band; some with blind and doubting mynds, and others aganist ther conciences, to the grate trouble of ther soulles, and grate disturbance of the peace of the countrey, contrarey to suche peaceable preparations as should haue proceidit a perfyte pacification at a generall assembley. If wee had hard bot some complaints of this kind, wee wold haue spared both your Graces paines and our auen; bot complaints being multiplied more and more, wee could not bot of deutiey make some representations therof to your Grace, that some coursse may be takin for present suppressing this so irreligious and vniust maner of doing; and for præuenting the hard consequences that may ensew from people quho are thus pressed to subscriue aganist ther mynds, and from others who are ioneyed in couenant with them, wich, as it is humblie petitioned, so it is confidently expected by,

Your Grace’s humble seruants,
Cassils,
Louthean,
Lindesay, Balmerino,
Loudoun, Burlie,
Johnston:

* * * * *

1638.—October 3.

76, 77, 78. _Answer thereto, and Correspondence._[100]

MY VERY GOOD LORD,

I have received from your Lordsh: and other Noblemen a Letter, containing a complaint against the violence offered to divers of his Majesties subjects, by States-men, Councellours, and others; and that complaint aggravated by your promising and undertaking, for your selfe and all your adherents, that no man should be troubled until the Generall Assembly; and your just expectation that the same course should have beene held on the other side by Us.

For the former, I know not what States-men, Noblemen or Barons, your Lordsh: meanes; for naming none, I know not to whom I shall take my selfe; nor doe I know what violence and threatnings you mean. If you meane his Majesties Commissioners appointed by the King, they requiring his subjects to subscribe the old Confession and Covenant, by his authoritie now renewed, and remonstrating unto them the danger they incurre by law in not obeying his Majesties commandement, I hope that cannot be called violence, but duty, the omission whereof must needs be a violation of, and violence offered to his Majesties sacred authoritie: If other violences and threatnings they have used, as your Lordsh: seemeth to intimate (for their obedience to his Majesties just authority, I am sure your Lordsh: will not call violence) they must answer for it, and shall whensoever your Lordsh: shall make known the delinquents. But alas, my Lords, Tell me now in good earnest, whether you have heard they have used such violence in perswading this Covenant, as hath beene used by your adherents in inforcing of yours? Hath the bloud of Gods seruants, his holy Ministers, beene shed, which bloud I am afraid keepeth the vengeance of God still hanging over this Land? Have men beene beaten, turned out of their livings and maintenance, reviled and excommunicated in the Pulpits, and a thousand more outrages acted upon them for not subscribing this Covenant? Have none who have subscribed your Covenant, done it with blind and doubting minds? If they have, I beseech your Lordsh: not to call his Majesties Councellours legall proceedings irreligious and unjust, untill you have proved the pietie and justice of the proceedings of your owne adherents.

For the other, of your undertaking and promising for your parts, that no man should bee troubled till the Assembly, and expecting the like from us, truly I am glad I have it under your Lordships hands, for I think there are few houres of any one day, since the indicting of the Assemblie, that from all parts of this Kingdome, I am not vexed with complaints of new processing of Ministers, new withholding of Ministers stipends unprocessed, heavie complaints of Ministers of your owne Covenant, that they are threatened, and that sharply and bitterly, for their declaring of their griefe, in being barred of their freedome in the election of their owne Commissioners to the Generall Assembly, and being borne downe by the multitude of Lay voices, and menaced because of their protesting against the same, the complaints of Ministers Non-Covenanters and Lay-Elders Non-Covenanters, chosen by their Sessions to assist at the election of the Commissioners from the Presbyteries, but turned back for not having subscribed your Covenant, and reviled with bitter words for being so pert as to come thither; Is this the performance of promising, that no man shall be troubled till the Assembly? These are, indeed, preparations very unfit to precede this Assemblie, they being so unpeaceable and like to take up much time, in discussing, at that great Meeting, the illegality of these elections. My Lord, the truth is, I shall be as carefull to see any wrong offered by his Majesties Commissioners (in urging his Majesties authoritie) punished, when I shall know the offences and the offenders, as I am heartily grieved at the proceedings of your Associats: Here I am sure, his Maᵗⁱᵉˢ Commissioners have bin rather backward then forward, but so have not your Lordsh: adherents bin; for they have in very many places proclaimed your Protestation, where his Majesties Declaration hath not beene proclaimed. I hope your Lordsh: will pardon my unusuall prolixitie; for I confesse I am much troubled to see his Majesties good subjects led into such misconstructions of his pious and religious intentions towards them, This my Letter, I pray your Lordsh: to communicate to the other Noble Lords, who subscribed that to me. To your selfe, and them, I pray your Lordsh: commend the true respects of

Your Lordsh:
HAMILTOUN.

For the Earle of Cassills.

* * * * *

_Letter from the Lords Covenanters to the Commissioner._[101]

PLEASE YOUR GRACE,

After your parting from us, we had knowledge from John Wilson Skipper, & sundry of his Passengers newly arrived, That, being at sea on his way from Holland hither, one of his Maᵗⁱᵉˢ small ships of 8. Peeces, came aboard & searched him for Armes & Ammunition, declaring they did the same by his Majesties Warrant. We doe not so much value the hazzard of any prejudice, as we are heartily grieved to find any such note of his Majesties displeasure, differencing us from his other subjects, when our own hearts and the Lord that searcheth them doth beare witnesse of our loyaltie and affection to his Majestie, especially to have found it now when we are made so secure, both by the hopes of obteyning from his Majesties favour, by your mediation, these ordinary and publike remedies that can fully settle this Church and State and by assurance from your Grace we should finde no such hard dealing, during the time of your imployment amongst the subjects here, who trust in your care to prevent speedily the inconvenience of this, as you did in that other late particular anent the arrest of our horses in England. We thinke this advertisement sufficient to your Grace, who is wounded through our sides if wee suffer any thing in this time, being so farre interessed to vindicate us from such prejudice, who doe acknowledge our selves to be

Your Graces humble servants.

Rothes, Montrose, Home, Weymse, Lindesay,
Boyd, Loudone, Balmerino, Dalhousie, Forrester,
Elcho, Cranstoune, Balcarres, Burghly, Lothiane.

Edinb. the 28. Septemb.
1638.

_Answer to the foregoing, by the Commissioner._[102]

MY LORD,

I have received a Letter this day signed by your Lordsh: and sundry other Noblemen, making mention, that one John Wilson Skipper, being on his way from Holland hither, was searched by one of his Majesties small ships. This is no new nor unaccustomed thing; for commonly the Captains of his Majesties ships during the time of being at sea, doe take notice what the loadings of all such ships are, as they meet with, who trade in the Channell; it being a prerogative that belongs to his Imperiall Crown: I am persuaded that your Lordsh: and the rest of my Lords cannot thinke, but if his Majestie had been desirous to have made stop of importation of Ammunition into this Kingdome this time past, but it would have been an easie matter for him to have effected; but so little hath he regarded this, as he hath not so much as taken notice of it, And yet it were no strange thing, if his Majestie should give direction to cause examine for what end so great store of Ammunition is imported into this Kingdome, and a little more narrowly to looke into our actions; when, by I know not whom, there hath been so much notice taken of such Ammunition, as his Majestie hath thought fit to send hither. For notwithstanding that your Lordsh: sayes we are made secure by the hopes of obtaining from his Majestie these remedies that can fully settle this Church and State, yet I may say courses are taken to put feares in his Majesties good subjects minds, by perswading of them that no such thing is intended: This does too too manifestly appeare by the watching and guarding his Majesties Castle, and many other courses: but of this I will write nothing, my intention being only to returne answer of what is writ to me: And therefore for your Lordsh: satisfaction I shall acquaint his Majestie with the contents of your letters, who will no doubt give such directions therein, as his good subjects will have no just cause of complaint: Whereas you have been pleased to say, that you have been assured by me, that you should receive no such hard dealing, during the time of my imployment; let mee desire you to consider this aright, and you will find it none; for neither was that ship stayed from proceeding on their intended voyage, nor anything taken from them, nor needs your Lordsh: to doubt that his Majestie will doe any thing (except our owne indiscretion provoke him) that may make appear to the world that he makes a difference betwixt us of this nation and his other subjects. Bee confident, my Lord, that my endeavours have, and doe tend to no other end, but to the glory of God, the honour of his sacred Majestie, and the preserving from ruine this poore distracted Kingdome; and that I have and shall labour to prevent all such accidents as may breed the least stop or hinderance of this wished event, which I hope and am confident that your Lordsh: and all those noble Lords who have signed this Letter to me, will take the same to heart; and then certainly you will not be so easily moved with such light and sleight reports: Nor will your Lordsh: thinke that either you or I can bee wounded by the order and command of so pious, mercifull, and so clement a Prince as is our dread Soveraigne, who hath showne himselfe to be so full of goodnesse, as we must of all men living prove the worst, if we be not thankfull to God, and him for it. This my letter your Lordsh: will be pleased to communicate to the rest who haue writ to me, and esteeme of me as

Hammilt. 24[103] Sept. 1638.

Your Lordships
humble servant,
HAMMILTOUN.

For the Earle of Rothees.

* * * * *

1638.—October 5.

79. _Explanation by the Bishop and Doctors of Aberdeen on signing the King’s Covenant._[104]

First, we do heartily abhor and condemn all Errours truly Popish, or repugnant to the Holy Scripture, and consequently to the Uniform Doctrine of the Reformed Kirks, and to Our National Confession registered in Parliament An. 1567.

Secondly, we do no ways hereby abjure or condemn Episcopal Government, as it was in the days, and after the days, of the Apostles in the Christian Kirk for many hundred of years, and is now conform thereto restored in the Kirk of Scotland.

Thirdly, we do not hereby condemn nor abjure the Five Perth Articles, or any thing lawful of that sort, which shall be found by the Church conducible at any time for good Policy and Order, or which is practised by any sound Reformed Kirk.

Fourthly, we still hold to that Clause of our great National Confession, (chap. 20. art. 21.) that the General Councils, and consequently the National Kirk of Scotland, have no power to make any perpetual Law which God before hath not made.