Chapter XIV: Act 131: , Par. 8, K. Ja. 6, and the subjects’ liberties, who ought (11)

Fifthly, by the adhering to the Discipline of the Reformed Kirk of Scotland, we mean not any immutability of that Presbyterial Government which was An. 1581. or of any other Humane Institution: but we do hereby understand that the Ecclesiastical Jurisdiction and Discipline of the Kirk of Scotland doth not depend on the Pope of Rome, or any other Foreign Power; and hereby we do confess our constant Obedience to the Kirk of Scotland in all her lawful Constitutions.

Sixthly, we do not presume by this our personal Oath either to prejudge the liberty of the Kirk of Scotland, to change and reform this foresaid short Confession, in some ambiguities and obscure expressions thereof, whereupon some men have builded inconvenient Interpretations and Doctrines, or to exime our selves from Obedience to the Kirk in that case.

Seventhly, by this our personal Oath we do not take upon us to lay any further Bond upon our Posterity, than the Word of God doth, recommending onely our Example to them, so far as they shall find it agreeable to Gods Word.

In this sense as is said, and not otherwise, do we subscribe the said
Confession, and the general Bond annexed thereto, at Aberdeen Octob.
5. 1638.

Signed,
Ad. Aberdonen.
John Forbes D. and P. of Div.
R. Barrone D. and P. of Div.
Al. Rosse D.D.
Ja. Sibbald D.D.
Al. Scrogie D.D.
Wil. Lesley D.D.

* * * * *

1638.—October 9.

80. _Letter from the King to Hamilton._[105]

HAMILTON,

I Confess this last Dispatch does more put me to seek how to judge
of the Affairs of that Kingdom, than any that I have yet received;
for I did not think that you would have met with so much opposition
within your bounds, since (as I thought) you past well over a greater
difficulty, to wit, the Peevishness of the Council. The cause of
this I judge to be, that you did not make so much opposition against
the Protestation as it deserved, though (I believe) as much as you
could. But one thing I desire you to send me the reason of, which
is, why you have mingled the Protesters with my good Subjects,
as Commissioners in most of all the Shires, for the procuring of
Subscriptions to my Bond: now it seems to me, that this will make
the Covenanters oppose my Service with a shew of more Authority than
otherwise they could, (and certainly you cannot but imagine, that
they must oppose that that they have protested against;) for, by this
the ignorant Multitude may be brought to believe, that my Council
have either admitted, or, at least, do not gainsay, the protestation:
yet whether I be right in this or not, I will suspend my Judgment,
even of my own Opinion, until I hear from you. But one thing I will
confidently affirm, that until most of the Council express themselves
vigorously in detestation of this last damnable Protestation, never
look for any Obedience there. In the latter end of your letter, you
are very careful not to give them cause of Fears of my Preparations,
or hindering theirs; yet in the middle persuade to hasten on Mine:
now, besides that this seems to me a Contradiction I think that there
is as much (if not more) danger now, that they should imagine I fear
to displease them, than to make them scar at my Preparations, or
for stopping of theirs; for now that the pretext of Religion is (I
dare say) fully satisfied, fearful Proceeding now may hazard the
loss of the little Party we have, by making them probably fear, that
I either cannot or dare not maintain my own authority. But I doubt
not your Dexterity and Diligence will help me to break through these
difficulties; and so I rest

Your assured constant Friend,
CHARLES R.

Hampton-Court,
9 Octob. 1638.

* * * * *

1638.—October 20.

81. _Letter from the King to Hamilton._[106]

HAMILTON,

I see by yours of the 27ᵗʰ of September, that the Malignity of the
Covenanters is greater than ever, so that if you who are my true
Servants do not use extraordinary Care and Industry, my Affairs in
that Kingdom are likely rather to grow worse than better: therefore,
you that do your endeavours accordingly deserve the more praise,
and your opposers the more punishment; and in my mind this last
Protestation deserves more than any thing yet they have done, for
if raising of Sedition be Treason, this can be judged no less. And
methinks, if the Colledge of Justice have signed my Covenant, (which
I hope they have, because I hear nothing in the contrary) it were no
impossible thing to get them to doe me Justice in this particular.
And this I will say confidently, that until at least the Adherers to
this last Protestation be declared Traitors, nothing will go as it
ought in that Kingdom; I say this not to alter your course, but onely
to shew you my opinion of the State of Affairs.

As for the danger that Episcopal Government is in, I do not hold it
so much as you doe; for I believe that the number of those that are
against Episcopacy (who are not in their hearts against Monarchy) is
not so considerable as you take it.

And for this General Assembly, though I can expect no good from
it, yet I hope you may hinder much of the ill; first, by putting
Divisions among them concerning the Legality of their Elections, then
by Protestations against their Tumultuous Proceedings. And I think
it were not amiss if you could get their Freedom defined (before
their Meeting,) so that it were not done too much in their Favours.
And I hope you will remember to weigh well the Propositions for the
Assembly, and send them up to me with all convenient speed. I have
seconded your Letter to the Mayor of Newcastle for the freeing of
these Horses, and have stopped all Provisions according to your
advice at Hull; yet methinks now they may be avowed to go against
those that will not rest satisfied with what you have lately done in
my Name. But in this I assure you that I take your advice; and so I
rest

Your assured constant Friend,
CHARLES R.

Hampton-Court,
20 Octob. 1638.

* * * * *

1638.—October 24.

82. _Letter from the King to Hamilton._[107]

HAMILTON.

I would not answer your two of the 14ᵗʰ and 15ᵗʰ of this moneth, till
I had fully dispatched the Bishop of Ross, whom I have sent away not
onely well instructed, but well satisfied with my ways. It is true
that his Instructions were not totally according to our Grounds, but
I made him alter (I am confident) as well in Judgment as Obedience;
for upon discourse he much approved of my Alterations, confessing
likewise, that you upon the place may find reason to make more;
wherefore all is referred to you, as well what I answered as what
not; so leaving and recommending him to your care, I come to answer
your last Letters, with the account of which I am much more satisfied
than your other Dispatch before: as likewise you have fully satisfied
me in all my Queries, and in particular I confess clearly, you had
reason to joyn the Covenanters with my honest Servants, for procuring
of Subscriptions to my Bond, because I see the Council would have it
so. But certainly it had been better otherwise, if you could have
done it with their consent. In short, I am truly and fully satisfied
with all your proceedings, so that you may be confident that I am

Your assured constant Friend,
CHARLES R.

Whitehall,
24 Octob. 1638.

* * * * *

1638.—October 24.

83. _The Bill, or the complaint, of the Noblemen, Barons, Burgesses,
Ministers, and Commons, Covenanters, (which were not Commissionaries
to the Assembly) against the pretended Archbishops and Bishops within
this kingdome, as it was presented to the Presbyterie of Edinburgh;
with an Act of reference of the Bill, from the Presbyterie to the
next Generall Assembly, as it was fully read on the Lords day before
noone in all the Churches within the presbyterie of Edinburgh,
according to the Act._[108]

Noblemen.

Unto your wisedomes humbly shewes and complaines, We John Earle of
Sutherland, John Earle of Athole, William Earle of Dalhousie, Mungo
Vicount of Stormouth, Hugh Lord Montgomerie, David Lord Elcho, George
Lord Forrester, Arthur Lord Forbesse, John Master of Berridale,
Robert Lord Boyd, David Lord Balcarras, John Lord Melvill.

Barons and Gentlemen.

Craggemillar, Lugtoun, Buchanan, Young, Dury, Balgonny, Balbirny,
Master William Hammilton, Thomas Cragge of Ricarton, John Cowper
of Gogar, John Hammilton of Boghall, David Inglis of Ingliston,
John Dundas of Newliston, Sir William Cockburne of Langton, Patrick
Cockburne of Clerkinton, John Leslie of Newton, Colonel Alexander
Leslie, David Barclay of Onwerme, Sir Michael Arnot of Arnot, Sir
Michael Balfoure of Deanemille, John Aiton of Aiton, David Beaton
of Balfoure, John Lundie of Lundie, Walter Murray of Liviston, Sir
John Preston of Airdrie, Walter Cornwall of Bonhard, William Scot of
Ardrosse, Robert Forbosse of Ricesse, Sir Andrew Murray of Balvarde,
George Dundasse of Dudistone, Sir William Murray of Blebo, Master
Robert Preston, William Dicksone.

Ministers.

Master William Scot Minister at Cowper, Master George Hammiltoun at
Nuburne, Master Walter Grog at Balmerino, Master Iohn Machgil Parson
of Fliske, Master Andrew Blackhat at Aberlady.

Burgesses and Commons.

George Bruce of Carnock, George Potterfield a Burgesse of Glasgow,
John Smith, John Mill, Lawrence Henryson, Richard Maxwell, Burgesses
of Edinburgh.

We, for our selves, and in name and behalfe of the rest of the Noblemen, Barons, Gentlemen, Burgesses, Ministers, and Commons within this Realme of Scotland, subscribers of the Covenant, who are not chosen Commissioners to the Generall Assemblie, but who will assist and insist in this complaint with us, as faithfull Christians, as loyall subjects, and sensible members of this Church and Common-weale, having interest to pursue this popular action, in a speciall manner and an eminent degree, by which pursuit God may bee glorified, Christs Kingdome advanced, that the Church may bee restored to her privileges and liberties, and freed from manifold scandals, from the corrupters of Doctrine with Poperie and Arminianisme, of the Sacraments with Superstition and Wilworship, and of the Discipline with tyrannie, and from the overthrowers of the peace of this Church and Kingdome by their usurpations and lies, their violent humours, and falsehood for their owne worldly ends, may be tried and censured accordingly, and so this Church and State made free from the present divisions and combustions, and restored to peace and unitie, both with God and amongst themselves, and that his Majesties religious disposition and honour may be cleared to all the world, by the triall and censure of those men who have fraudulently abused his Majesties name and authoritie by their trust and credit with his Majestie: Wee most earnestly make request, That whereas, by the Lawes of this Church and Kingdome, and by his Majesties last Proclamation, all his Majesties subjects, whether Ecclesiasticall or Civill, of whatsoever title or degree, if they have exercised an unlimited or unwarrantable power, They are declared and ordained to be liable to the triall and censure of the Generall Assemblie and Parliament, or to any other Judicatorie, according to the nature and qualitie of the offence, And whereas Master David Lyndsey pretended Bishop of Edinburgh, Master Thomas Sydserfe, pretended Bishop of Galloway, Master Walter Whitefoord pretended Bishop of Brichen, Master James Wedderburne pretended Bishop of Dumblane, Master James Fairley pretended Bishop of Argyle, Master John Spotswood pretended Archbishop of Saint Andrewes, (having their residences or dwelling places within the bounds of this Presbyterie of Edinburgh,) Master Patrick Lyndsey pretended Archbishop of Glasgow, Master Alexander Lyndsey pretended Bishop of Dunkell, Master Adam Bannatine pretended Bishop of Aberdene, Master John Gutherie pretended Bishop of Murray, Master John Maxwel pretended Bishop of Rosse, Master George Greme pretended Bishop of Orkney, Master John Abernethie pretended Bishop of Caithnesse, Master Neil Campbel pretended Bishop of the Isles, should be tried and censured for their unlimited and unwarranted power.

For whereas it was provided in the Cautions agreed upon in the Generall Assemblie holden at Montrose, Anno 1600. for bounding of the Ministers votes in Parliament, and concluded to bee inserted in the body of the act of Parliament for confirmation of this vote as a most necessarie and substantiall point of the same, which was never yet repealed by a lawfull Assembly, That the Minister should sweare, upon his admission to the office of Commissionary, to subscribe and fulfill the Cautions agreed upon under the penalties expressed therein, otherwise hee was not be admitted; yet the said Master David Lyndsey, sometimes Minister of Brichen, now pretended Bishop of this Diocesse of Edinburgh, and pretended Moderator of this Presbyterie, with his foresaid Colleagues, the pretended Bishops and Archbishops of this Church respective, have taken upon them (without craving or obtaining Commission from the Church as it is set downe in that Assembly at Montrose) the office and power to vote in Parliament, without swearing at his or their entrances to subscribe and fulfill those Cautions which are set down under penalties.

In the first Caution it was provided, that he presume not to propound in Parliament, in Councell or convention, any thing in the name of the Church without an expresse warrant or direction from the Church, under the paine of deposition from his office; and that hee should neither give consent unto, nor keep silence from anything (amidst these meetings) that might bee prejudiciall to the libertie of the Church, under the said paine.

But the forenamed Master David Lyndsey, pretended Bishop of Edinburgh, with the rest of his Colleagues respective above named, have presumed (having no warrant nor direction from the Church) to propound in Parliament, and to consent to several acts which have past in Parliament, to the prejudice of the Church, as namely, To the act concerning the Restitution of the State of Bishops, Anno 1606. the act concerning the chapter of Saint Andrewes, Anno 1607. To the act of Commissariots and jurisdictions given to Archbishops and Bishops, Anno 1609. To the ratification of the act agreed upon in the Assemblie of Glasgow, Anno 1610. with an explanation, contrary to the meaning and tenour of the said conclusions, Anno 1612. To the acts concerning the Elections of Archbishops and Bishops, and to the acts concerning the Restitution of chapiters, Anno 1617. To the ratification of the Five Articles of Perth, Anno 1621. To the act concerning the apparell of Churchmen, and to the ratification of the Acts concerning Religion, in which all the former Acts are included, Ann. 1633. and to many other severall acts of this kinde. In like manner he propounded and gave consent to severall acts of the Privy Councell, for the establishing of it, and of the power of the High Commission, which are against the lawes and liberties of this kingdome; and for ratification of severall acts and sentences given out by them and their Colleagues in that unwarrantable Judicatory: for in the same manner did he propound and consent unto the acts made in the Privie Councell for pressing and bringing in of the Service Booke, which would have trod under foot the frame of Gods publicke worship in this Kingdome, if the Lord had not prevented it. And further, in the last convention of the States holden in the yeeres 1625. and 1629. he did not onely keep silence, but propound and give consent to some things which were prejudiciall to the liberties of this Church, and hee did oppose himselfe to the just desires and grievances which were presented in name of the Church for some of her liberties and priviledges, whereas it was provided that he shall be bound upon each generall Assembly to give an account of the discharge of his Commission since the Assembly going before, and should submit himselfe to the censure of the Assembly, and stand to the determinations of it without further Appeale, and should sue for, and obtain ratification of his carriage from the Assembly, under the paine of infamie and excommunication; but the said Master David Lyndsey, and his Colleagues respective abovenamed, have never given an account of the discharge of his or their Commissions, nor sought nor have obtained ratification of his or their doings, from the Assembly.

Whereas it was provided in the third caution, that he should content himselfe with that portion of the Benefice which should be assigned to him from his Majestie for his livelihood, not hurting or prejudging the rest of the Ministers, or any Minister whatsoever, planted or to bee planted within his Benefice, and that this clause was to be inserted in his provision: Besides, when Bishops were charged in the Assembly holden in Octob. Ann. 1578. to quit the corruptions of that State, there was numbered amongst the corruptions, That they received for the maintaining of their ambition and riot, the emoluments of the Church, which might sustaine many Pastors, the Schooles, and the Poor; but the said Master David Lyndsey with his Colleagues respective, have tooke provision for their Benefices, and the foresaid clause was not inserted, and he and they have prejudged Ministers, Schooles, and the Poor, by taking and enjoying plurality of Benefices.

Whereas it was provided in the fourth caution that hee should not dilapidate nor make a disposition of his Benefice without the consent of his Majestie and the generall Assembly: and for the greater warrant of this, That he should interdict himselfe to the generall Assembly not to dilapidate, nor to give consent to the dilapidation of his Benefice made by others, and that hee should be contented that an Inhibition should be raised upon him to that purpose; but the said Master David Lyndsey, with his Colleagues respective, have set, and take setled patronages.

Whereas in the fifth caution it is provided that hee should be bound to attend his particular Congregation faithfully in all the points of a Pastour, and that he shall be subject to the triall and censure of his own Presbyterie and Provinciall Assemblie, as another Minister that bears no Commission: In like manner by divers Acts and Constitutions of the generall Assemblies and Presbyteries, non-residents are punishable by deprivation; Yet the said Master David Lindsey with his foresaid Colleagues respective, have been non-resident from his and their charges for many yeares; nor have they performed the duties of Pastours by preaching, administration of the Sacraments, visiting the sick, &c. but they have deserted their charges by the space now of many years; neither have they in this subjected themselves to the triall of the Presbyteries and Provinciall Assemblies.

That whereas in the sixth caution it was provided, That in the administration of Discipline, collation of benefices, visitation, and all other points of Ecclesiastical government, he shal neither usurp nor acclaim to himself a power or jurisdiction further over the rest of his brethren, under the paine of deprivation: and in case hee did usurp upon the Ecclesiasticall government, if the Synodall Presbyteries, or generall Assemblies did oppose, or make impediment unto him; whatsoever he did in that case should be _ipso facto_ null, without a declaratour; yet the said Master David Lindsey with his Colleagues respective, have usurped a jurisdiction in the administration of Discipline, collation of benefices, visitation, and other points of Ecclesiasticall government, without a lawfull warrant from the Church, in exercising power to suspend, deprive, command, and inhibit excommunication at their pleasure, to fine, confine, imprison, banish Ministers and other professours without the warrant of the laws of the Countrey, appointing their Moderators over Presbyteries and Synods, prorogating their Diets, staying their proceedings against Papists, Sorcerers, Adulterers, and other grosse offenders, by exacting of contributions to such Commissioners as hee pleased to send to Court for his owne and his Colleagues affaires; by depriving, and ordaining of Ministers, not only without the consent of the Presbyteries and Synods, but by ordaining of scandalous and unqualified Ministers and depriving of learned and religious Pastours; by ordaining Ministers after a forme not allowed of in this Church; by silencing Ministers for not reading the Service Book, and Book of Canons; by interdicting after a Popish manner, the exercises of Morning and Evening prayer in their Churches; by releasing of excommunicated Papists: by contradicting and crossing the votes of the Presbyteries at their pleasure; by their pretended negative vote directly contrary to this caution; by enacting decrees of Synods without demanding their votes; by changing and falsifying their Acts, when most votes had carried the contrary: by many wayes have they failed in this caution, which are so notorious to the whole Church and to your Wisdomes, that wee shall condescend upon the same when wee are required.

Whereas in the seventh caution it was provided, That in Presbyteries, and in Provinciall and generall Assemblies, he shall behave himself in all things, as one of the brethren of the Presbyterie, and be subject to their censure; yet the foresaid Master David Lindsey with his foresaid Colleagues respective, hath not behaved himselfe as a brother at these meetings; he disdaines to sit in Presbyteries, or to be subject to their censures; he sitteth and overruleth in Provinciall Assemblies rather as a Lord then a Moderatour; and in stead of behaving himself as a brother in the generall Assemblie, hath, by threatening and silencing, prejudged the liberties of the lawfull Commissioners; when they propounded, reasoned or concluded matters conducing to the liberty of the Church, hee forced them to conclude things contrarie.

That whereas it was concluded at Mount Rose, That none of them who should have vote in Parliament should come Commissioners to the generall Assemblie, or have vote in it in time to come, unlesse they had authoritie or Commission from their owne Presbyteries for that purpose; yet the said Master David Lindsey with his forsaid Colleagues respective, though they had no authoritie by Commission from any Presbyteries, have usurped to give votes in the last pretended Assemblies.

Whereas in the seventh chap. of the book of Policie, registrated in the Register of the Acts of the Assembly, it was concluded, That in all Assemblies a Moderatour should be chosen by common consent of the whole brethren assembled together, and it hath been so practised since the beginning of the Reformation, till hee and his fellowes began to break the Cautions; yet the said Master David Lindsey with his foresaid Colleagues respective, have usurped the place of moderation in the last pretended Assemblies, and rather domineered then moderated, to bring in novations; yea further, have directed Mandats from themselves as from the representative Church of Scotland, which name and power is only competent to generall Assemblies; he hath brought in the practice of many Innovations in the Royal Chappel, in the Abbey Church, and his pretended Cathedrall; hee hath laboured not only to hinder the ordinarie meetings of generall Assemblies of this Church, by obtaining letters and charge from Authority to that purpose, but also hath laboured, what in him lay, to take away from the Church the priviledge of holding generall Assemblies yeerly, belonging to Her by the Word of God, Acts of this Church, and lawes of this Kingdome.

Whereas it is provided by another caution, That _Crimen ambitus_ shal be a sufficient cause of deprivation of him that shall have vote in Parliament; yet the said Master David Lindsey with his foresaid Colleagues respective, are guilty of the said crime, in seeking of the said offices, and promising and giving good deeds for them.

Whereas it was provided by the book of Discipline, and acts of the Assemblie Feb. An. 1569. and December 1565. & 1567. that marriage should not be solemnized without asking of banes three severall Sabbath daies before; yet the said Master David Lindsey and his aforesaid Colleagues respective, have given licence to sundry Ministers to solemnize marriage without asking three severall Sabbaths before; upon which have followed divers inconveniences; a man hath been married to a woman her husband being alive, and they not divorced; some have been married to persons with whom they have committed adulterie before; and so have been married without the consent or knowledge of their parents.

Whereas by the book of Fasting, authorized by the generall Assemblie, and prefixed before the Psalmes, no set or yeerly Fasts are allowed, but disallowed, as contrary to the liberty of the Church, and to the nature of the exercise (a Fast;) yet the said Master David Lindsey and his foresaid Colleagues respective, have appointed yeerly Fasts, and troubled some godly Professors for not observing the same.

Whereas the office of a Deacon is set forth in the book of Discipline, and book of common order before the Psalms, according to the Word of God, to have no medling with the preaching of the Word, or the ministration of the Sacraments, and by the first Confession of faith ratified in the Acts of Parliament, chap. 23. Ministers called unto particular flocks have onely power of the ministration of the Sacraments; yet the said Master David Lindsey with his foresaid Colleagues respective, have given a power to certain Divines whom they make Deacons (men not admitted to the calling of the Ministery) to administer the Sacrament of Baptisme, under the names and titles of preaching Deacons, and they refuse to admit divers men to the calling of the Ministerie before they be admitted to that Order.

Whereas it is ordained by the book of Policie, and Acts of the Assembly, that no man should receive ordination to the Ministery without a present admission to a particular flock; yet the said Master David Lindsey with his foresaid Colleagues respective, have separated the act of Ordination from the act of Admission.

Whereas according to the established order of the Church, & the Acts of the Assembly, the ordination & admission of Ministers should be publick, in the presence and with the consent of the congregation; yet the said Master David Lindsey with his foresaid Colleagues respective, have given ordination to some men in other places, not in their own Congregation; and violently have thrust upon them scandalous Ministers.

Whereas Ministers who teach erroneous and corrupt doctrine should be censured by the book of Discipline, and by the Acts of the Assemblie; yet the said Mr David Lindsey with his foresaid Colleagues respective, have taught erroneous and corrupt doctrine themselves, and by their pretended power have preferred to the Ministerie men who have taught erroneous doctrine against the Confession of Faith, and Acts of Parliament quoted in our Covenant; and they cherish and maintaine them who teach Arminianisme and Popery, as conditionall Election; Free-will; resistibilitie of effectuall Grace; The universality of Christs death; The merit of it in heaven & in hell; A finall apostacie of the Saints; The locall descent of Christ into hell; That Christ came into the world _clauso Virginis utero_; auricular Confession, and Papall absolution; That the Pope is not Antichrist; That the Church of Rome is a true Church; That reconciliation with Rome is a thing easie; That the Church of Rome erres not in fundamentals; and that she differs not in fundamentals from the Reformed Churches; They call in question the imputation of Christs righteousnesse, and they affirme the formall cause of justifying faith, to consist in our inherent righteousnesse; They affirme that there is a locall and circumscriptive presence of Christ in the Sacrament, and they change the Sacrament into a Sacrifice, and the Table into an Altar, the Ministers into Priests. There are other damnable and hereticall points of Doctrine which they maintaine; of which we shall give particular information in our particular accusation of each one of them respective, with the proofes thereof, when we shall be required.

Whereas by the Acts of the Church, no oaths or subscriptions should be required from those who enter into the Ministerie, but to the Confession of faith, and to the Book of Policy; yet the said Master David Lindsey with his foresaid Colleagues respective, without a warrant from the Church or Parliament, doe exact diverse oathes and subscriptions from them who enter into the Ministerie; namely, That they should both in publick and private prayers commend the Prelats to Gods mercifull protection; That they should be subject to the orders which were now in the Church, or, by the consent of the Church, that is, by their consent (as they affirme) should be established; as to the Service Book, and to the Book of Canons. The heavinesse of this grievance made the most part of his Majesties subjects to complaine in these Articles, that worthy men which have testimonies of their learning from Universities, and are tryed by Presbyteries to be fit for the worke of the Ministerie, and for their gifts and lives were much desired by the people; yet these men are kept out because they could not be perswaded to subscribe and swear unto such unlawfull oaths, which have no warrant from the Acts of the Church, nor the laws of the Kingdome; and they were Articles and oaths conceived according to their pleasure; and men of little worth, and ready to sweare, were for by-respects thrust upon the people, and admitted to the most eminent places of the Church, and of the Schools of Divinity, which breeds continuall complaints, and moves the people to run from their owne parish Churches, refusing to receive the Sacrament from the hands of Ministers set over them against their hearts, which makes them not to render unto them that honour which is due from the people to their Pastours; and it is a mighty hinderance to the Gospel, to the soules of the people, and to the peace of this Church and Kingdome.

Whereas in the Assembly holden at Edinburgh, in March, Ann. 1578. it was declared that it was neither agreeable to the word of God, nor to the practice of the Primitive Church, that the Administration of the Word and Sacraments, and the ministration of civill and criminall justice should be confounded, that one person could supply both the charges, but that a Minister should not be both a Minister and a Senator in the Colledge of justice. And in the Assembly holden in October An. 1578. it was reckoned amongst the corruptions of the State of Bishops, which they were charged to forgoe, that they should usurp a criminall jurisdiction, that they should not claime unto themselves the titles of Lords, that they should onely be called by their owne names, or brethren; yet the said Master David Lyndsey, with his foresaid Colleagues respective, have assumed to themselves the titles and honours of Lords, they did sit as Senators in the Colledge of justice, as Councellours in the Privie Councell, as Auditors in the Exchequer, and have enjoyed prime Offices of State. The pretended Bishops have usurped the place and precedencie before all Temporall Lords, the pretended Archbishops before all the noble Earles of the land, and the pretended Primate before the prime Officers of State in the land.

Whereas by the Word of God and Acts of the Assembly, namely, Anno 1576. 1577. and 1578. no man should be suffered to be a Minister, unlesse hee be tied to a particular flocke and congregation; and not to be tied to a particular flocke it is condemned as a corruption of the state of Bishops which they were charged to forgoe; yet the said Master David Lindsey, with his Colleagues respective foresaid, are Ministers, and will not be tied to particular flockes.

Whereas the office of a Bishop (as it is now used within this Realm) was condemned by the booke of policie, and by the Act of the Assembly holden at Dundee, Anno 1580. whereof these are the words; Forasmuch as the office of a Bishop (as it is now used and commonly taken within this Realme) hath no sure warrant from authoritie, nor good ground out of the Scriptures, but it is brought in by the folly and corruptions of the inventions of men, to the great hurt of the Church, The whole Assembly of this Church, with one voice, after liberty given to all men to reason in the said matter (no man opposing himself to maintain the said pretended office) doe find and declare the said pretended office, used and termed as is above said, unlawfull in it selfe, as having neither ground nor warrant within the Word of God; and we doe ordaine that all such persons which doe, or shall hereafter, enjoy the said office, shall be charged simply to dismisse, quit, and leave the same, as an office unto which they were not called by God; and that they shall leave off all preaching, ministration of the Sacraments, or other offices of Pastors, untill such time as they receive admission _de novo_ from the generall Assembly, under the paine of excommunication to be used against them; and if they be found disobedient to contradict this Act in the least point, after due admonition, the sentence of excommunication shall be executed against them. And for the better execution of the said Act, it is ordained that a Synodall Assemblie shall be holden in everie Province (in which usurping Bishops are) 18. August next to come, in which they shall be cyted and summoned by the Visitors of the said Countries to compeere before their Synodall Assemblies; as namely, The Archbishop of S. Andrewes to compeere at Saint Andrewes, The Bishop of Aberdene in Aberdene, The Archbishop of Glasgow in Glasgow, the Bishop of Murray in Elgin, to give obedience to the said act, which if they refused to do, that the Synodall Assemblies shall appoint certaine brethren of their Presbyteries to give them publike admonitions out of their Pulpits, and to warne them, if they disobey, to compeere before the next generall Assembly to be holden at Edinburgh 20. Octob. to heare the sentence of excommunication pronounced against them for their disobedience: and to this act the Bishop of Dumblane that then was, agreed, submitting himself to be ruled by it; it was also condemned by the act of Glasgow Anno 1581. which doth ratifie the former act of Dundee, and ordaines the book of policie, which was approved by severall Generall Assemblies to be registrated in the books of the Assemblie, and enjoyned the generall confession of faith to be subscribed by all his Majesties Lieges; Yet hath the said Master David Lyndsey with his foresaid Colleagues respective, not onely incroached upon the liberties of Presbyteries and Synods, but hath also took Consecration to the office of a Diocesan Bishop, without the knowledge or consent of the Church, and against the acts of it, claiming the power of ordination and jurisdiction, as due to him by that unwarrantable office.

Besides, the said Master David Lyndsey, with his foresaid colleagues respective, have, against the Lawes of the Church and Kingdome, brought in the Service book, the book of Canons, and the High Commission Court, and would have changed and overthrowne the whole frame of doctrine of Gods word, the use of the Sacraments, the Discipline, Liberties and Priviledges of this Church and State, if the Lord had not prevented them; The particulars wee shall present to your wisdomes, though it bee knowne to all men, how he and they have abused his Majesties Authoritie against his Royall intentions and Declarations, they having moved discontents betwixt the King and his subjects, by scandalous lies betwixt subject and subject, for which things, complaints have been given in to the Councell, which we hold heare to be repeated as a part of our complaint, and to be tried by your wisdomes, and referred to the Assemblie.

Besides all these faults, the said Master David Lyndsey with his Colleagues respective, in his life and conversation is slandered constantly as guiltie of excessive drinking, whoring, playing at Cards and Dice, swearing, profane speaking, excessive gaming, profaning of the Sabbath, contempt of the publike ordinances and private familie-exercises, mocking of the power of preaching, prayer, and spirituall conference, and sincere professors; besides, with briberie, simonie, selling of Commissariots places, lies, perjuries, dishonest dealing in civill bargaines, abusing of their vassals, and of Adulterie, and Incest, with many other offences, of which we shall give the particulars in our particular accusations.

Whereas the Presbyterie is the ordinarie judicatorie of this Church for trying of these offences, and hath the Ecclesiasticall power for cytation of the parties and offenders, with the reference to their complaints to the Generall Assemblie, Therefore wee most earnestly and humblie beseech your godly wisdomes, as you tender the glory of God, the peace and libertie of this Church, the removall of scandals, and punishment of vice, that you will take into your consideration and triall the foresaid many and hainous offences, with the particular reservations and qualifications of them, which we shall present to your wisdomes, or to the Assemblie when it shall be thought convenient; and that you would either take order with it your selves, and censure the offenders, according to the nature of the offences, with the Ecclesiasticall paines contained in the Acts and foresaid Canons of this Church and Kingdome, or else make a reference of them to the Generall Assemblie to bee holden at Glasgow 21. Novemb. and, that the knowledge of these should come to the Delinquents, that you will be pleased to ordaine the publishing hereof, to bee made by all the Brethren of the Presbyterie in their Pulpits upon the Sabbath before noone, with a publike admonition to the offenders to be present at the Assemblie, to answer to this complaint, and to undergo the censure and triall of it, and to bring with them the books and scroules of subscriptions and oaths required from those who enter into the Ministerie, with the books of the High Commission Court, and the books of the Generall Assemblie, which they or their Clerk had or have fraudulently conveied away, Together with this certification, That if the said Master David Lyndsey, with his foresaid colleagues respective, do not appeare in the said Assemblie, and bring with them the said books, to answer to this complaint in generall, and to the particular heads of it, and to submit himselfe to the triall and proofe of this complaint generall, and to the particular heads of it, that there shall be a condigne censure of these offenders for their contempt and contumacie; Here wee humblie beseech your wisdomes answer.

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_The Act of the Presbyterie of Edinburgh 24. Octob. 1638. yeares, in answer to this Complaint._

Upon the said day, we the Brethren of the Presbyterie of Edinburgh, after we had received this Bill and complaint, presented unto us by the Laird of Buchanan, The Laird of Dury the younger, The Laird of Carlourie, John Smith late Bailife of Edinburgh, John Hammiltoun, and Richard Maxwel, in name of the Noblemen, Barons, Burgesses, and Commons, subscribers of the Covenant (which are not Commissioners to the Generall Assemblie) against the pretended Archbishops and Bishops of this Kingdome, and after wee had read and seriously considered the same, wee, according to the desire of the complainers, did and do referre the same to the next Generall Assemblie to bee holden at Glasgow 21. November. And wee ordaine the publishing of this complaint, and of our reference of it to the Assemblie, to be fully read by all the Pastors of the Presbyterie upon the next Sabbath before noone out of their Pulpits, with a publike warning and cytation to the offendants complained upon; By name, Master John Spotswood pretended Archbishop of Saint Andrewes, Master Patrick Lyndsey pretended Archbishop of Glasgow, Master Thomas Sydserfe pretended Bishop of Galloway, Master David Lyndsey pretended Bishop of Edinburgh, Master Alexander Lyndsey pretended Bishop of Dunkeld, Master Adam Bannatine pretended Bishop of Aberdene, Master John Gutherie pretended Bishop of Murray, Master John Maxwel pretended Bishop of Rosse, Master George Greme pretended Bishop of Orknay, Master John Abernethie pretended Bishop of Caithness, Master Walter Whitefoord pretended Bishop of Brichen, Master James Wedderburne pretended Bishop of Dumblane, Master James Fayrley pretended Bishop of Argyle, Master Nail Campbell pretended Bishop of the Isles, to be present at the said Assemblie, to answer to this complaint in generall, and to the particular heads of it, to undergo the triall and censure of it, and to bring with them the books and scroules of the subscriptions and oaths of them who enter into the Ministerie, the books of the High Commission, and the book of the Generall Assemblie, which they either had or have fraudulently put away; and if any Pastor within this Presbyterie refuse to publish this cytation, we require the Reader of the Church to do it. In like manner wee require all parties who have interest, either in pursuing, or specifying, or proving this complaint, to be present at the said Assemblie for that purpose; Upon which the complainers took instruments in the hands of the Notarie.

According to this complaint, and the warrand of the Presbyteries reference of it, I A. R. warne and admonish the abovenamed offenders to compeere before the next Generall Assemblie to bee holden at Glasgow 21. November, for the causes contained in the complaint, and for the certification expressed in it.

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1638.—October.

84. _Notice from Tables to Members of Assembly._[109]

1. That all Noblemen subscribers of the Covenant (except the Noblemen of the West, who shall be ready upon advertisement) meet at Edinburgh the 12. of November, and stay there till they goe to Glasgow, where they shall all meet on Saturday the 17. of November at the furthest.

2. That the full number of these who are appointed Commissioners by the severall shires, to attend this common cause, with foure Gentlemen within the bounds of every Presbyterie at the least, out of the number of their Assessors, without excluding any voluntaries, That they come to Glasgow the 17. day of November, to attend constantly the Assembly, and give their advice in the common cause to the ruling Elders, Commissioners to the Assembly out of these Shires and Presbyteries.

3. That the Burrowes appoint (according to their quality and number) two, foure, or six of most judicious men to come to Glasgow the 17. of November, and there constantly to attend the Assembly, and give their advice to their Commissioner in this common cause.

4. That the Fast be observed the fourth day of November universally, with any other dayes they may conveniently: and if any be repairing to the Assembly, that they keepe the Fast where they shall bee for the time.

5. That now especially, seeing rulers Elders from particular Congregations are received in Presbyteries, that particular Congregations take such course that no Minister Commissioner be forced to be absent from the Assembly for want of necessarie charges.

6. That where any hath beene deceived or compelled to subscribe this new Covenant, that the Ministers take their Declarations in writing, or by act in the bookes of Session, or before one witnesse, that they were forced, deceived, or mistaken: And that every Minister make known, and intimate publikely to the people the printed protestation, contayning the reasons against this new subscription; and where the Minister refuseth, that some well affected Gentleman doe it.

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1638.—November 16, 17, and 20.

85. _The Declinator and Protestation of the Archbishops, and Bishops, of the Church of Scotland, and others their Adherents within that Kingdome: Agaynst the pretended Generall Assemblie, holden at Glasgow, Novemb. 21. 1638. Aberdene, Printed by Edward Raban, According to the Copie Printed at London_ 1639. ☞ It is his Majesties pleasure that this be printed: For the which, this shall bee your Warrand: HAMILTON.[110]

We Arch-bishops, Bishops, and other Under-subscrybers, for our selues, and in name & behalfe of the Church of Scotland, (whereas it hath pleased the King’s Majestie, to indict A Generall Assemblie of the Church, to bee kept at Glasgow, Novemb. 21. 1638. for composing and setling of the Distractions of the same) First doe acknowledge, and professe, That A Generall Assemblie, lawfullie called, and orderlie conveaned, is a most necessarie & effectual Meane, for removing those evills wherewith the sayd Church is infested, and for setling that Order which becometh the House of GOD: and, That we wish nothing more, than a Meeting of a peaceable and orderlie Assemblie, to that effect. Secondlie, we acknowledge, and professe, as becometh good Christians, and faythfull Subjects, That his Majestie hath authoritie, by his Prerogatiue Royall, to call Assemblies, as is acknowledged by the Assemblie at Glasgow, 1610, and Parliament 1612. and, That it is not lawfull to conveane without his Royall consent, and approbation, except wee will put our selues in danger to be called in question for Sedition.

Yet, never-the-lesse, in sundrie respectes wee can not but esteeme this Meeting at Glasgow, most vnlawfull, and disorderlie: and their Proceedinges voyde, and Null in Lawe, for the Causes and Reasons following.

I. First: Before his Majesties Royall Warrand to my Lord Commissioner his Grace, to indict A Lawfull Free Generall Assemblie, the vsurped Authoritie of the Table, (as they call it) by their Missiues, and Instructions, did giue order and direction, for all Presbyteries, to elect and choose their Commissioners for the Assemblie; and for seeking of GOD’S Blessing to it, to keepe a solemne Fast, September 16: whereas his Majesties Warrand, for indicting of that Assemblie, was not published till the 22 of that Moneth. So that they Preventing, and not proceeding by Warrand of Royall Authoritie, the pretended Commissioners beeing chosen before the Presbyteries were authorised to make election, can not be reputed Members of a Lawfull Assemblie.

II. A Lawfull Assemblie, must not onelie bee indicted by Lawfull Authoritie, (as wee acknowledge this to bee) but also constituted of such Members, as are requisite to make vp such a Bodie. For, if according to the Indiction, none at all doe conveane; or, where the Clergie is called, there meet none but Laicks; or moe Laicks, than of the Clergie, with equall power, to judge, & determine; or such of the Laicks, and Clergie, as are not lawfullie authorized, or are not capable of that Employment by their Places; or such as are legallie disabled to sit, and decide in an Assemblie of the Church. A Meeting consisting of such Members, can not be thought a Free and Lawfull Assemblie, by that Act of Parliament, Iac. 6. Parl. 3. cap. 46. 1572. Everie Minister, who shall pretend to be a Minister of God’s Word and Sacraments, is bound to giue his assent & subscription to the Articles of Religion, contayned in the Acts of our Soveraygne Lord’s Parliament; and in presence of the Archbishop, Superintendent, or Commissioner of the Province, giue his Oath, for acknowledging and recognoscing of our Soveraygn Lord, and his Authoritie, and bringing a Testimoniall in writ therevpon; and openlie, upon some Sunday, in tyme of Sermon, or publicke Prayers, in the Church where hee ought to attend, reade both the Testimoniall and Confession, and of new make the sayd Oath, within a moneth after his admission; vnder the payne, that everie person, that shall not doe as is aboue-appoynted, shall _ipso facto_ be deprived, & all his Ecclesiasticall promotions, and living, shall be then vacant, as if he were then naturallie dead; and that all inferiour persons, vnder Prelates, be called before the Arch-bishops, Bishops, Superintendents, and Commissioners of the Dioceses, or Province, within which they dwell, as the Act beareth.

III. All of the Clergie conveaned to this Assemblie, pretend themselues to bee Ministers of GOD’S Word, and Sacramentes, and haue Benefices, or other Ecclesiasticall Livings, yet neverthelesse the most part of them, haue never in presence of the Archbishop, Bishop, Superintendent, or Commissioner of the Diocese, or Province, subscrybed the Articles of Religion, contayned in the Actes of Parliament, and given their oath, for acknowledging and recognoscing our Soveraygne Lord, and his Authoritie, and brought a Testimoniall thereof: And, therefore, they are, _ipso facto_, deprived, and their places voyde, as if they were naturallie dead, and consequentlie having no place nor function in the Church, can not be Commissioners to this Assemblie: _hoc maximè attento_, that the sayd persons not onlie haue never given their Oath, for acknowledging his Majesties Authoritie, nor can show no Testimoniall therevpon, as they are bound by the sayd Act: But also having as subjectes comprehended in the representatiue bodie of this Kingdome, “Promised to acknowledge, obey, mayntayne, defende, and advaunce, the Lyfe, Honour, Safetie, Dignitie, Soverayne Authoritie, and Prerogatiue Royall, of his Soverayne Majestie, his Heyrs & Successours, and Priviledges of his Highnesse Crowne, with their lyues, lands, and goods, to the vttermost of their power, constantlie, & faythfullie, to withstand all and whatsoever persons, powers, and estates, who shall presume, preasse, or intende, anie wyse to impugne, prejudge, hurt, or impare the same; and never to come in the contrarie thereof, directlie or indirectlie, in anie tyme coming; as the Acts of Parliament, Jac. 6. Parl. 18. cap. 1. Car. Parl. cap. 1. doe proport.”

And more-over, Being obliedged at their Admission, to giue their Oath, for performance of this duetie of their Alledgeance; “And to testifie and declare on their conscience, That the KING is the lawfull Supreame Governour, as well in matters Spirtuall and Ecclesiasticall, as Temporall; and to assist and defende all Iurisdiction and Authoritie, belonging to his Majestie, by the Act of Parliament 1612.” Yet notwithstanding of the sayde Bandes, Actes, and Promises, whereby the sayd persons are so strictlie bound to the performance of the Premisses, his Majestie having ordayned, by Act of Councell, at Holie-Rood-House, Sept. 24. 1638. and Proclamations following therevpon, That all his Majesties Liedges, of whatsoever estate, degree, or qualitie, Ecclesiasticall or Temporall, should sweare and subscrybe the sayde CONFESSION; together with a generall BAND, for defending his Majesties person and authoritie, agaynst all Enemies within this Realme, or without, haue not onlie refused to subscrybe the sayd BAND and CONFESSION; but haue in their Sermons, and other Speaches, disswaded, deterred, impeded, and hindered others of the Liedges to subscrybe the same; and publicklie protested agaynst the subscription thereof: And therevpon can not conveane, nor concurre lawfullie, to the making vp of the bodie of an Assemblie of the CHVRCH, as being deprived and denuded of all place and function in the same.

IV. A Generall Assemblie was condescended vnto, out of his Majesties gracious Clemencie, and pious Disposition, as a Royall Favour to those that so should acknowledge the same, and acquiesce to his gracious pleasure, and carrie themselues peaceablie, as loyall and duetifull Subjects, which the Commissioners directed to this Assemblie, supposed to bee of the number of those that adheare to the last Protestation made at Edinb. Sept. 1638. doe not so account of, and accept, as appeareth by the sayde Protestation: whereby they protest, That it shall bee lawfull for them, as at other times, so at this, to assemble themselues, notwithstanding anie impediment, or prorogation, to the contrarie: as also by continuing their Meetings and Table, discharged by Authoritie, refusing to subscrybe the BAND according to his Majesties, and Councells, command, for mayntayning his Majesties Royall person, and authoritie, protesting agaynst the same; still insisting with the Liedges, to subscrybe the Band of mutuall defence, agaynst all persons what-so-ever, and remitting nothing of their former proceedinges, where-by his MAIESTIES wrath was provoked: thereby they are become in the same state and condition wherein they were before his Majesties Proclamation and pardon; and so forfayte the favour of this Assemblie, and libertie to bee Members thereof. And others of his MAIESTIES Subjectes may justlie feare to meete with them in this Convention, for that by the Act of Parliament, lac. 6. Parl. 15. Cap. 31. Prelacies beeing declared to bee one of the three Estates of this Kingdome, and by the Act of Parliament, lac. 6. Parl. 8. Cap. 130. All persons are discharged to impugne the dignitie and authority of the three Estates, or any of them in time coming, vnder the paine of Treason. And whereas the King by his Proclamation, declareth Archbishops and Bishops, to haue voyce in the Generall Assemblie, and calleth them to the same for that effect, as constantlie they haue beene in vse in all Assemblies, where they were present, as appeareth by manie Acts of the Generall Assemblie, ordayning them to keepe and assist at the same, as in the Assemblie at Edinburgh, December 15. 1566. At Edinburgh, March 6. 1572. At Edinburgh, May 10. 1586. And by a Letter, written by the Assemblie, March 6. 1573. to the REGENT, earnestlie desiring his owne, or his Commissioner’s, presence, and the Lords of Councell and the Bishops, at the Assemblie. They notwithstanding by the sayde Protestation, September 22. declared Archbishops and Bishops, to haue no Warrand for their Office in this CHURCH, to be authorized with no lawfull Commission, and to haue no place nor voyce in this Assemblie; and withall doe arrogate to their Meetinges, a Soveraygne Authoritie, to determine of all Questions and Doubtes that can aryse, contrarie to the freedome of the Assemblie, whether in Constitution and Members, or in the matters to bee treated, or in manner and order of proceeding. Which howe it doeth stand with his Majesties supremacie, in all Causes, and over all persons, wee leaue it to that judgement, wherevnto it belongeth; and doe call GOD and Man to Witnesse, if these bee fit Members of an Assemblie, intended for the Order and Peace of the CHURCH.