Chapter XV: Act 131: , Par. 8, K. Ja. 6, and the subjects’ liberties, who ought (12)

V. Giving, and not graunting, That the persons foresayde, directed Commissioners in name of the Clergie, to this Meeting, were capable of that Authoritie, and that the sayd Presbyteries had the authoritie, to direct Commissioners to the Generall Assemblie; yet haue they nowe lost, and fallen from all such Right, if anie they had; in so farre as they haue deposed the Moderators, who were lawfullie appoynted to governe them, by the Bishops in their Synodes, and elected others in their places, contrarie to the Act of the Assemblie at Glasgow, 1610, and Act of Parl. 1612; ordayning Bishops to be Moderators at these Meetinges; and in their absence, the Minister whome the Bishop should appoynt at the Synode. So these Meetings having disclaymed the Authoritie of Bishops, deposed their lawfull Moderators, & choosing others, without Authoritie, can not bee esteemed lawfull Convocations, that can haue lawfull power of sending out Commissioners, with authoritie, to judge of the Effayres of this CHVRCH.

VI. And yet doeth the Nullitie of the Commissions flowing from such Meetinges, farther appeare in this, That they haue associate to themselues, a Laicke-ruling-Elder, (as they call them) out of everie Session, and Parish; who beeing ordinarilie the lord of the Parish, or the man of the greatest authoritie in the Boundes, doeth over-rule in the election of the sayd Commissioners, both by his authoritie, and their number being moe than the Ministers, whereof some beeing ordinarilie absent, and fiue or six, or so manie of them, put in list, and removed, there remayne but a few Ministers, to voyce to the Election: and in effect the Commissioners for the Clergie, are chosen by Laymen, contrarie to all order, decencie, and custome observed in the Christian world; no wyse according to the custome of this CHVRCH, which they pretend to follow; the Presbyteries formerlie never associating to themselves Lay-Elders in the election of the Commissioners to the Generall Assemblie, but onlie for their assistance in Discipline, and correction of Manners; calling for them at such occasions, as they stoode in neede of their Godlie Concurrence; declaring otherwyse their meeting not necessarie; and providing expresselie, that they should not be equall, but fewer in number, than the Pastors: as by the Act of Assemblie at Saynct-Andrewes, Aprill 24, 1582, (where Master Andrew Melvill was Moderatour) doeth appeare: lyke as these fourtie yeares by-gone, and vpwardes, long before the re-establishing of Bisshops, these Lay-Elders haue not beene called at all to Presbyteries. And by the Act at Dundie, 1597; whereby it is pretended, That Presbyteries haue authoritie to sende these Lay-Commissioners, it doeth no wyse appeare, that those Lay-Elders had anie hand in choosing of the Ministers. And this is the onlie Act of the Assemblie, authorizing Presbyteries, to choose Commissioners to the Generall Assemblie: nor haue Lay-Elders sate ordinarilie in Presbyteries, vpon anie occasion, these fourtie yeares, and vpwardes: nor ever had anie place, nor voyce, in the election of Ministers, for the Generall Assemblie; and consequentlie, these chosen by them to this Assemblie, haue no lawfull power, nor authoritie.

VII. Beside; the persons Ecclesiasticall, pretended to be authorized Commissioners to this Assemblie, haue so behaved themselues, that justlie they may be thought vnworthie and vncapable of Commission to a Free and Lawfull Assemblie.

1. For that by their seditious and rayling Sermons and Pamphlets, they haue wounded the KING’S Honour and Soveraygne Authoritie, and animated his Liedges to Rebellion; averring that all Authoritie Soveraygne, is Originallie in the Collective bodie, derived from thence, to the Prince; and that not onlie in case of negligence, it is Suppletive in the Collectiue bodie, as beeing communicate from the Commontie to the King; Cumulative, not Privative; but also in case of maladministration, to returne to the Collectiue bodie; so that _Rex excisit jure suo_, and that they may refuse Obedience.

2. Next; they are knowne to bee such as haue eyther beene Schismaticallie refractarie and opposite to good Order setled in the CHVRCH and STATE; or such as having promised, subscribed, and sworne Obedience to their Ordinarie, haue never made conscience of their Oath; or such as haue sworne, and accordinglie practised; yet contrarie to their Promise and Practise, haue resiled, to the contempt of Authoritie, and disturbance of the CHVRCH; or such as are vnder the Censures of the Church of Ireland, for their disobedience to Order; or vnder the Censures of this CHVRCH; or conveaned, at least deserving to bee conveaned before the Ordinaries, or a lawfull Generall Assemblie, for diverse Transgressions, deserving deprivation: As, first, For vttering in their Sermons rash and irreverend speaches in Pulpit, agaynst his Majesties Councell, and their Procedinges, punishable by Deprivation: by the Act of Assemblie at Edinburgh, May 22. anno 1590. Next; For reproving his Majesties Lawes, Statutes, and Ordinances, contrarie to the Act of Assemblie at Pearth, May 1. Anno 1596. Thirdlie; For expressing of mens names in Pulpit, or descrybing them viuelie to their reproach, where there was no notorious fault; agaynst another Act of the same Assemblie. Fourthlie; For vsing Applications in their Sermons, not tending to the edification of their present Auditorie; contrarie to another Act of the same Assemblie. Fiftlie; For keeping Conventions, not allowed by his Majestie, without his knowledge, and consent; contrarie to another Act of the same Assemblie. Sixtlie; For receaving of people, of other Ministers Flockes, to the Communion; contrarie to Order, Actes of Assemblies, and Counsels. Seaventhlie; For intruding themselues into other mens Pulpits, without Calling or Authoritie. Eyghtlie; For vsurping the Authoritie to convent their Brethren, and proceede agaynst them to the Censures of Suspension, and Deprivation. Nynthlie; For pressing the people to subscrybe a Covenant, not allowed by Authoritie; and opposing and withstanding the subscrybing of a COVENANT offered by his Majestie, and allowed by the Counsell: Beside manie personall faultes and enormities, whereof manie of them are guiltie, which in Charitie, we forbeare to expresse. But heereby it doeth appeare, how vnfit these persons are, to bee Members of a Free and Lawfull Assemblie.

VIII. Nor doeth it stand with Reason, Scripture, or Practise of the Christian Church, that Lay-men should bee authorized to haue decisiue voyce in a Generall Assemblie. In that Act of Dundie, 1597, whereby these Elders pretende to haue this place, there is no Warrand expressed for them, to deliberate and determine. Their presence and assistance wee approue, being allowed and authorized by the Prince. The Kings Majesties presence in person, or by his Delegates, wee holde moste necessarie to see all thinges orderlie and peaceablie done; and that hee haue the chiefe hand in all Deliberations and Determinations. Nor doe wee refuse, that anie Intelligent or moderate man, may make remonstrance of his opinion, with the reasons of it, in that way that becommeth him in a Nationall Assemblie; due reverence beeing kept, and Confusion avoyded. But that anie Lay-man, except hee bee Delegate by Soveraygne Authoritie, shall presume to haue a definitiue and decisiue Voyce, wee esteeme it to bee intrusion vpon the Pastorall Charge, and without Warrand. May wee not, therefore, intreat my Lord Commissioner his Grace, in the words of the Fathers of the Fourth Generall Councell at Chalcedon, _Mitte foras superfluos_? Nor will a pious Prince bee offended with it, but, with Theodosius the younger, will say, _Illegitimum est, eum qui non sit in ordine Sanctissimorum Episcoporum, Ecclesiasticis immisceri tractatibus_ ________ And Pulcheria the Empresse, commaunded _Strategus, Vt Clerici, Monachi, & Laici, vi repellerentur, exceptis paucis lilis, quos Episcopi secum duxerunt_. Upon this respect was Martinus in that Councell of Chalcedon, moved to say, _Non esse suum, sed Episcoporum tantum subscribere_.

IX. If these pretended Commissioners, both Lay and Ecclesiasticall, were lawfullie authorized, (as it is evident they are not,) and for none other cause declinable, yet the Law doeth admit, that justlie a Iudge may bee declined, who is probablie suspect. And of all probabilities, this is the most pregnant, when the Iudge, before hee come to judgement, doeth giue sentence of these things hee hath to judge. This made our Reformers Protestation agaynst the Councell of Trent valide; and their not compearing, justifiable, because Pope Leo 10 had precondemned Luther, as appeared by his Bull, dated 8 Iunii, 1520, renewed by Paul 3, dated in August 1535. This was the cause why Athanasius would not giue his appearance at some Councells, nor Hosius of Corduba, nor Maximus Patriarch of Constantinople. But so it is, the most part, if not all of the sayde Commissioners directed to this Meeting haue precondemned EPISCOPALL GOVERNMENT, and condemned, at least suspended Obedience to the Acts of the Generall Assemblie and Parliament, concerning the fiue Articles of Pearth, haue approven their COVENANT as most necessarie to be embraced of all in this Kingdome; and not onelie haue given judgement of these thinges before-hand; but by most solemne Oathes haue bound themselues, to defende and stand to the same: as doeth appeare by their Covenant, Petitions, Protestations, Pamphlets, Libels, and Sermons. And, therefore, by no Law nor Equitie, can these pretended Commissioners bee admitted to determine in this Meeting, concerning these Persons and Poynts, which before-hand they haue so vnjustlie condemned.

X. Farther: with no Law nor Reason can it subsist, that the same persons shall bee both Iudges and Parties. And wee appeale the Consciences of all honest men, if all, at least the greatest parte of the pretended Commissioners, haue not declared themselues Partie to the Arch-bishops, and Bishops, of this CHVRCH: for in that they haue declyned the Bishops to be their Iudges as beeing their Partie, (as their Declinators, Petitions, Declarations, and Protestations doe beare,) haue they not _simul & semel, & ipso facto_ declared themselues to bee Partie agaynst Bishops? Whom they haue not onlie declyned, but persecuted by their Calumnies and Reproaches, vented by word and writ, in publicke and in private; by invading their persons, opposing and oppressing them, by strength of an vnlawfull Combination; for the subscrybing and swearing whereof, they haue by their owne Authoritie indicted and kept Fastes, not onelie in their owne Churches, but where worthie men refused to bee accessorie to these disorderlie and impious Courses, they haue, by ayde of the vnruly multitude, entered their Churches, vsurped vpon their Charges; reading, and causing to be read, that vnlawfull Covenant; by threatning and menacing, compelling some (otherwise vnwilling) out of just feare, to set their hands to it; by processing, suspending, and removing obedient and worthie Ministers from their places by the vsurped Authoritie of their Table, and Presbyteries. And whereas by all Law and Iustice, persons finding themselues wronged in Iudgement, haue never beene denyed the remedie of Declinatorie and Appellation: Neverthelesse not a few of these Presbyteries haue proceeded against sundrie worthy Ministers, who haue declined and appealed from their Iudgments, without respect to this Defence: by these means craftilie intending to disable them to be Commissioners for the CHVRCH; directlie, or indirectlie, causing their Stipendes to bee kept backe from them: By which meanes, not the least parte of the subscribing Ministers haue bene gained to their Covenant.

But it is without example, vncharitable, and illegall, that vnder the pretext of Summons (the like whereof was never vsed, nor in the like manner, agaynst the most haynous Malefactors in the kingdome) they haue devised, forged, vented, and published a most infamous and scurrile Libell, full of impudent Lies, and malicious Calumnies, against the Arch-bishops, and Bishops, of this CHVRCH: and haue first given out from their Table, the Order prescrybed in these subsequent Articles, which we haue insert, that the World may be Witnesse of the Illegalitie and Malicousnesse of their Proceedinges.

1. To desire the Presbyterie of everie Bishop, especiallie where hee keepeth his residence, as also the Presbyterie where his Cathedrals Seat is, to haue a speciall care of this Bill, and Complaynt agaynst the Prelates, and particularlie agaynst the Bishop of their Diocese.

2. That some Noble-men, if anie be within the Presbyterie, some Gentle-men and Barons, some Ministers, and some Commons, who are not chosen Commissioners to the Assemblie, in their owne Name, and in Name of all other Covenanters, or Complayners, eyther within the Presbyterie, or Diocese, or whole Kingdome, who are not Commissioners to the Assemblie, will adheare and assist in this Complaynt, that they present this Bill to the Presbyterie.

3. That they who are Complayners, haue a particular care to fill up the Blanks left in the Bill, in the Subsumptions of the particular Faults committed by the Bishop of the Diocese, agaynst these generall Rules, Canons, and Actes: or if these Blankes will not contayne the same, that the Complayners draw vp in a particular Clayme, all the particular Faultes, and Transgressions of the Bishop of that Diocese, agaynst these Rules, Canons, and Acts, or anie other Law of the Church, or Kingdome; and present the same to the Presbyterie, with this generall Complaynt. And if they can not get the Particulars presentlie readie, notwithstanding, they present without anie delay, because of the scarcenesse of the tyme, this Complaynt, as it standeth with the Blanks: and in the meane tyme, may gather anie other Particulars, agaynst the Assemblie, to which this Complaynt is to bee referred.

4. That the Presbyterie finding the Complaynt important, & the Generall Assemblie so approaching, referre the same to the Generall Assemblie, by an Act of this Reference, insert in the Bookes of the Presbyterie.

5. That vpon this Reference of the Complaynt to the Assemblie, the Presbyterie admonish the Complayners, _apud acta_, to be present at the sayde Assemblie, for assisting and verifying of the sayde Complaynt.

6. That the Presbyterie ordayne all their Pastors, out of Pulpit, on a Sabbath-day, before noone, to cause reade publicklie this whole Complaynt, and the Presbyteries Reference to the Assemblie; and so to admonish the Bishop of that Diocese, the Delinquent complayned upon, with the rest of his Collegues, to be present at the Gen. Assembly, to answere to the particular Complaynt, both in the particular and generall heads thereof, given, or to be given in; & to abide the censure & tryall of th’ Assemblie therevpon. And lykwyse, out of Pulpit to admonish all others, who haue interest eyther in the persuing, or referring this Complaynt, to be present, at the sayd Assemblie.

7. That the Presbyterie insert, in their Presbyterie-Bookes, the whole tenour of this Complaynt, both in the generall and particular heads thereof; and that they haue a care, to cause deliver, by their ordinary Beadell, to the Bishop of the Diocese, a Copie thereof, and a Copie of an Act, referring the same to the Assemblie; and summon him, to compeare before the Assemblie. And if he be within the Countrey, and cannot be personallie apprehended, to affix a full copie thereof vpon each dwelling place, and vpon the most patent doore of the Cathedrall Church, and Episcopall Seat.

8. That the Complayners, within the Presbyterie where the Bishop is resident, or hath his Cathedrall, be carefull to keep corresponce with those in other Presbyteries within their Diocese, who best can specifie and verifie their Bishops vsurpation, & transgressions; and who had particular Articles, to gather particular Declarations, and Informations, of the same.

9. That some of these Complayners, in their own name, and with Warrand and Power from the rest, without fayling, attend the Assemblie, with the generall Complaynt, and particular Verifications, and Specifications, of the same.

10. That in case the Presbyterie where the Bishop hath his residence, or where he hath his Cathedrall, and Episcopall Seat, refuse to receaue this Complaynt, or referre the same to the Assemblie, or to admonish, or cite, the Bishop delinquent, before the Assemblie, to aunswere to the Complaynt; That the Gentle-men, and others, who are Complayners to the Presbyteries, vpon their Refusall, take instrument, in the handes of the Clerke of the Presbyterie, or anie Notarie; and protest, That their Refusall of the ordinarie care of Iustice, procured (without doubt) by the Bishop of that Diocese, delinquent, complayned of, the equivalent of Law and Reason, bee a formall Citation of him. Which Protestation, they may affixe vpon the dwelling-house of the sayde Bishop, or vpon his Cathedrall Church, or vpon the pryme Church within the Presbyterie. And, That they may deale with anie other Presbyterie within the Diocese, who is better disposed, and vpon their receat of the Complaynt, will referre the same to the Assemblie, and cite the Bishop in manner aboue-expressed, to compeare before the sayd Assemblie.

11. Item: Perhaps some Minister within the Presbyterie, may thinke some Heads of this Complaynt, not to be relevant in his Opinion, or know the Bishop not to bee guiltie of all the particular Heads contayned therein: Yet hee in Iustice can not refuse to referre the tryall of the Relevancie, and Probation thereof, to the Generall Assemblie, especially, seeing the Relevancie and Probation of moe or fewer Points agaynst the Bishop of the Diocese, is sufficient; and seeing the Subsumption of everie particular Head, is agaynst the Bishop of the Diocese, with his Colleagues.

12. Item, to desire the Presbytery, vpon Complaynts vpon anie persons within the same, against any scandalous Minister, eyther in Doctrine or Lyfe, eyther to judge the Complaynt, or referre the same to the tryall and censure of the Generall Assemblie, and so to admonish and cite the Minsters complayned vpon, to compeare before the Generall Assemblie, for that ende.

According to which Articles, vpon Sunday, October 28, they caused reade the sayd Libell in all the Churches of Edinburgh, notwithstanding my Lord Commissioners command given to the Provest and Baylies to the contrarie, except in Holie-Rood-House, where it was read the next Sunday, as it was in other Churches of the Kingdome: proceeding heerein, 1. Agaynst all Charitie, which doeth not behaue it selfe vnseemlie, nor delighteth in the discoverie of mens nakednesse, nor take vp a reproach, nor backbite with the tongue; much lesse to write a Booke agaynst a Brother. 2. Agaynst the order prescrybed by the Apostle; Not to rebuke an Elder, but to intreate him as a Father: and by the Act of Parliament, Iac. 6, Parl. 8, discharging all persons to impugne or to procure the diminution of the authoritie & power of the three Estates, or anie of them. 3. Agaynst all lawfull and formall proceeding, speciallie, that prescrybed by Act of Generall Assemblie at Pearth, Martij. 1, 1596; whereby it is ordayned, That all Summons contayne the speciall Cause and Cryme: which the sayde Libell doeth not: nameing onelie generall Calumnies, Reproaches, and Aspersions, without instruction of anie particular, but leaving these to bee filled vp by malitious delation, after they haue defamed their Brethren by publishing this Libell: as appeareth by the 8 and 11 Articles of the sayde Instructions. And agaynst the order prescrybed by the Assemblie at Saynct-Andrewes, Aprill 24, 1582; whereby it is enacted, That in processe of deprivation of Ministers, there be a libelled Precept vpon fourtie dayes warning, beeing within the Realme; and threescore dayes, being without the Realme, to bee directed by the Church, and such Commissioners thereof, as elect and admit the person complained of, summoning them to compeare, & answere vpon the Complaint. And in case of their absence at the first Summons, the second to be directed vpon the lyke warning, with certification: if hee faile, the Libell shall be admitted to probation, and he shall bee holden _pro confesso_. Which forme not beeing kept in a Summons inferring the punishment of Deprivation, the same can not bee sustayned by the order of that Assemblie. 4. Agaynst common Equitie, which admitteth Summons onlie by the authoritie of that Iudge before whom the Delinquent is to compeare. Whereby the Summons directed by the authoritie of these pretended Presbyteries, can not sustayne, for compearance before the Generall Assemblie, nor could reference bee made from the Presbyterie, to the Generall Assemblie, the parties never beeing summoned to compeare before the Presbyterie, whereby eyther in presence of the Partie, or in the case of contumacie, the Complaynt might be referred to the Assemblie. That there was no Citation before the Reference, is cleare, by the sayd Instructions. And what a strange and odious forme it is, to insert such a calumnious Libell in the Presbyterie-Bookes, without citing of the Parties, to aunswere therevnto; and to cite the Bishops before the Generall Assemblie, by the sayde Libell, by publishing the same at Churches, to the which they had no Relation, and were manie miles distant; wee leaue it to the judgement of indifferent men. 5. Agaynst all Decencie, and respect due to men of their Place, the sayde persons, beeing Men of Dignitie, and some of them of his Majesties moste HONOVRABLE PRIVIE COVNCELL, and knowne to bee of blamelesse Conversation, and to haue deserved well, thus to be reviled, and traduced, doeth redound to the reproach of Church, and State, and of the Gospell, whereof they are Preachers. 6. Lastlie, to omit manie other Informalities agaynst their owne Consciences, which wee charge in the sight of GOD, as they must answere before His Great and Fearfull Tribunall, If they suspect, and know not perfectlie, according to the judgement of Charitie, them whom they thus accuse, to bee free of these Crimes, wherewith they charge them; at least of manie of them; as appeareth evidentlie by the xj Article of the said Instructions, having therein libelled the Generall, and haue yet to seeke the Specification thereof, from the malice of their neighbours, if so bee they can furnish it. By which informall and malitious Proceeding, it is most apparent, that our sayd Parties doe seeke our disgrace and overthrowe, most malitiouslie, and illegallie. And therefore, wee call Heaven and earth to witnesse, if this bee not a barbarous, and violent persecution, that all Circumstances being considered, hath few or none to parallell it, since the beginning of Christianitie: and if wee haue not just cause to decline the sayde pretended Commissioners, as our Partie.

Moreover, can these men expect, but in a lawfull Assemblie they were to bee called and censured for their enorme transgressions foresayde? And will anie man thinke, that they can be judges in their owne cause? it is alleadged out of the Canon-Law, agaynst the Pope, that if the Pope bee at variance with anie man, he ought not to bee judge himselfe, but to choose Arbitrators. And this may militate agaynst them; except they bee more vnrulie than Popes. Ludovicus Bavarus, and all the Estates of Germanie with him, did pleade this Nullitie agaynst the sentence and Proceeding of Pope Iohn 22, and of his Councell. And the Archbishop of Cullen, 1546, did pleade the Nullitie of Paull 3 his Bull of Excommunication, because hee protested, that so soone as a lawfull Councell should bee opened, hee would impleade the Pope as Partie, beeing guiltie of manie thinges censurable by the Councell.

But the late Protestation doeth show the Authors thereof, to bee no lesse injurious to our Place, and Authoritie, than they are overweening of their owne. For it is agaynst Reason and Practise of the Christian Church, that no Primate, Archbishop, nor Bishop, haue place nor voyce deliberatiue, nor decisue, in Generall Assemblies, except they bee authorized, and elected, by their Presbyterial Meetinges, consisting of Preaching and Ruling Elders, (as they call them) and without Warrand, or Example, in the Primitiue, and purest tymes of the Church.

XII. This also doeth inferre the Nullitie of an Assemblie, if the Moderator and President for matters of Doctrine, and Discipline, shall bee neyther the Primate, Arch-bishop, nor Bishop; but he who by pluralitie of Presbyters, and Lay-mens voyces, shall bee elected: which happilie may bee one of the inferiour Clergie, or a Lay-person, as sometymes it hath fallen out. Whereas Canonicallie, according to the auncient practise of the CHVRCH, the Primate should preside: according to the Constitution of the First Councell of Nice, Can. 6, of Antioch, Can. 9, and of the Imperiall Lawe, Novell. Constitut. 123, Cap. 10, and according to our owne Lawe. For what place in Assemblies, Arch-bishops and Bishops had in other Christian Nations, the same they had (no doubt) in SCOTLAND, and yet still doe retayne, except by some Municipall Lawe it hath beene restrayned, which can not bee showne: For the restraynt of their Authoritie by the Act of Parliament 1592. is restored by the Act of Parliament 1606, and 1609, and all Actes prejudiciall to their Iurisdiction abrogated. Neyther doeth that Act 1592, establishing Generall Assemblies, debarre Bishops from presiding therein: Nor the abrogation of their Commission, graunted vnto them by Act of Parliament, in Ecclesiasticall Causes, imply and inferre the abrogation of that Authoritie, which they receaved not from the Parliament, but from CHRIST, from Whom they receaved the Spirituall Over-sight of the Clergie, vnder their Charge: wherevnto belongeth the Presidentship in all Assemblies, for matters Spirituall; alwayes with due Submission to the Supreame Governour: which is so intrinsecallie inherent in them, as they are Bishops, that _hoc ipso_ that they are Bishops, they are Presidents of all Assemblies of the Clergie: as the Chancellour of the Kingdome hath place in Councell, and Session; not by anie Act, or Statute, but _hoc ipso_ that hee is Chancellour. By Act of Parliament, Bishops are declared, to haue their Right in Synodes, and other inferiour Meetinges; but by no Lawe restrayned, nor debarred from the exercyse of it in Nationall Assemblies: and the Lawe allowing Bishops to bee Moderatours of the Synodes, doeth present a List, in absence of the Metropolitane, to whome, of right, this Place doeth belong, as sayd is, out of which the Moderator of the Generall Assemblie shall bee chosen. For is it not more agreeable to Reason, Order, and Decencie, that out of Moderators of Synodes, a Moderator of the Generall Assemblie should bee chosen, than of the inferiour Clergie, subject to them?

As concerning that Act of the General Assemblie, Anno 1580, whereby Bishops are declared to haue no warrant out of Scripture, if corruption of tyme shall bee regarded, the authoritie of that Assemblie might bee neglected no lesse than that at Glasgow, Anno 1610. But it is ordinarie that prior Actes of Assemblies and Parliamentes giue place to the posterior; for _Posteriora derogant Prioribus_. And there past not full six yeares, when a Generall Assemblie at Edinburgh found, that the Name of Bishops hath a speciall charge and function annexed to it by the Word of God; and that it was lawfull for the Generall Assemblie to admit a Bishop to a Benefice, presented by the Kings Majestie, with power to admit, visite, and depriue Ministers, and to be Moderatoures of the Presbyteries where they are resident, and subject onelie to the sentence of the Generall Assemblie.

As for that Act at Montrose, let them answere to it that haue their calling by that Commission. Wee professe that wee haue a lawfull calling by the election of the Clergie, who are of the Chapter of our Cathedralls, and consecration of Bishops by his Majesties consent and approbation, according to the laudable Lawes and auncient Custome of this Kingdome, and of the Church in auncient tymes; and doe homage to our Soveraigne Lord for our Temporalities, and acknowledge him, _solo Deo minorem_, next vnto God in all causes, and over all persons Spirituall or Temporall; in his owne Dominions supreame Governour. But now wee may take vp _Cyprian_ his complaint, _Lib._ 3. _Ep._ 14. _Quod non periculum metuere debemus de offensâ Domini, quando aliqui de Presbyteris, nec Evangelii, nec loci sui memores; sed neque futurum Dei judicium, neque præpositum sibi Episcopum cogitantes, quod nunquam omnino sub antecessoribus factum est, cum contumelia & contemptâ præpositi, totum sibi vendicent? A’que vtinam non prostrata fratrum nostrorum salute sibi omnia vendicarent. Contumelias Episcopatus nostri dissimulare & ferre possem; sicut dissimulavi semper & pertuli; sed dissimulandi nunc locus non est, quando decipiatur fraternitas nostra à quibusdam vestrum, qui dum sine ratione restituendæ salutis plausibiles esse cupiunt, magis lapsis obsunt._

XIII. Lastlie; it is most manifest by the Premisses, how absurd it is, and contrarie to all Reason and Practise of the Christian Church, that Archbishops and Bishops shall bee judged by Presbyters; and more absurd, that they should bee judged by a mixt meeting of Presbyters and Laicks, conveaning without lawfull authoritie of the Church. Howe, and by whome they are to bee judged, according to the custome of Auncient times, may bee seene by the Councell of Chalcedon, Can. 9. and Concil. Milevit. Can. 22. and Concil. Carthag. 2. Can. 10. Nor doe wee decline the lawfull tryall of anie competent judicatorie in the Kingdome, especiallie of a Generall Assemblie lawfully constitute, or of his Majesties high Commissioner, for anie thing in life or doctrine can be layde to our charge: onlie we declare and affirme, That it is against Order, Decencie, and Scripture, that wee should be judged by Presbyters or by Laickes, without Authoritie and Commission from Soveraygne Authoritie.

For the reasons fore-sayd, and manie moe, and for discharge of our duetie to GOD, to his CHVRCH, and to our Sacred Soveraygne, lest by our silence we betray the CHVRCHE’S right, his Majesties Authoritie, and our owne Consciences, Wee for our selues, and in Name of the CHVRCH of SCOTLAND, are forced to protest, That this Assemblie bee reputed and holden Null in Lawe Divine and Humane; and, That no Church-man bee holden to appeare before, assist or approue it; and therefore, that no Letter, Petition, Subscription, Interlocutor, Certification, Admonition, or other Act what-so-ever proceeding from the said Assemblie, or anie member thereof, bee anie wise prejudiciall to the Religion and Confession of Fayth by Act of Parliament established, or to the Church, or anie member thereof, or to the Iurisdiction, Liberties, Priviledges, Rentes, Benefices, and Possessions of the same, Actes of Generall Assemblie, of Councell, and Parliament, in Favoures thereof; or to the three Estates of the Kingdome, or anie of them; or to vs, or anie of vs, in our Persons, or Estates, Authoritie, Iurisdiction, Dignitie, Rentes, Benefices, Reputation, and good Name: But on the contrarie, That all such Actes and Deedes aboue-mentioned, and every one of them, are, and shall bee reputed and esteemed vnjust, illegall, and Null in themselues; with all that hath followed, or may follow there-vpon.

And for as much as the sayde Assemblie doeth intende, (as we are informed) to call in question, discusse, and condemne thinges not onelie in themselues lawfull, and warrandable; but also defined and determined by Actes of Generall Assemblie, and Parliaments, and in practise accordinglie; to the disgrace and prejudice of Reformed Religion, authoritie of the Lawes and Liberties of the Church and Kingdome; weakning his Majesties Authoritie, disgracing the Profession and Practise, which hee holdeth in the Communion of the Church where he liveth; and branding of Reformed Churches, with the foule aspertions of Idolatrie and Superstition: Wee protest before GOD and man, that what shall bee done in this kinde, may not redound to the disgrace or disadvantage of Reformed Religion, nor bee reputed a deede of the Church of SCOTLAND.

Wee protest, that wee imbrace and hold, That the Religion presentlie professed in the Church of Scotland, according to the Confession thereof, receaved by the Estates of this Kingdome, and ratified in Parliament, the yeare 1567, is the true Religion, bringing men to Eternall Salvation, and doe detest all contrarie Errour.

Wee protest, That Episcopall Government in the Church, is lawfull, and necessarie: and, That the same is not opposed, and impugned, for anie Defect or Fault, eyther in the Government or Governoures; but by the malice and craft of the Devill, envying the successe of that Government in this CHVRCH these manie yeares by-past, most evident, in planting of Churches with able and learned Ministers, recovering of the Church Rents, helping of the Ministers Stipends, preventing of these jarres betwixt the KING and the CHVRCH, which in former tymes dangerouslie infested the same, keeping the people in Peace and Obedience, and suppressing of Poperie, which in respect eyther of the number of their Professoures, or boldnesse of their Profession, was never at so lowe an ebbe in this Kingdome, as before these stirres.

Wee protest, That seeing these who for scruple of conscience did mislyke the Service-Booke, Canons, and high Commission, which were apprehended, or given foorth, to be the cause of the troubles of this Church, haue now receaved satisfaction, and his Majestie is graciouslie pleased to forget and forgiue all offences by-past in these stirres; that all the Subjectes of this Kingdome may liue in Peace and Christian Loue, as becommeth faythfull Subjectes, and good Christians; laying aside all hatred, envye, and bitternesse. And if anie shall refuse so to doe, they may beare the blame, and be thought the cause of the troubles that may ensue: and the same bee not imputed to vs, or anie of vs, who desire nothing more, than to liue in peace and concord with all men, vnder his MAIESTIES obedience, and who haue committed nothing agaynst the Lawes of the Kingdome, and Church, that may giue anie man just cause of offence; and are so farre from wishine hurt to anie man, in his person, or estate, notwithstanding all the indignities and injuries wee haue suffered, that for quenching this present Combustion, and setling Peace in this Church, and Countrey, wee could bee content, after clearing of our innocencie, of all thinges where-with wee can bee charged, not onelie to lay downe our Bishoprickes at his Majesties feet, to be disposed of at his Royall pleasure; but also, if so bee, it pleased GOD, to lay downe our lyues, and become a Sacrifice, for this Atonement.

Wee protest, in the sight of GOD, to Whom one day wee must giue Account, That wee make vse of this DECLINATOR, and PROTESTATION, out of the conscience of our duetie to GOD, and His CHVRCH; and not out of feare of anie guiltinesse, whereof anie of vs is conscious to himselfe, eyther of wickednesse in our lyues, or miscarriage in our Callings: being content, everie one of vs, for our owne particular, (as wee haue never showne our selues to bee otherwyse) to vnder-goe the lawfull, and moste exact Tryall, of anie competent Judicatorie within this Kingdome, or of his Majesties high Commissioner.

And wee moste humblie intreat his Grace, to intercede with the King’s Majestie, That hee may appoynt a Free and Lawfull Generall Assemblie, such as GOD’S Word, the practise of the Primitiue Church, and Lawes of the Kingdome doe prescrybe, and allowe, with all convenient speed, to the effect, the present Distractions of the Church may be setled. And if there be anie thing to be layd to the charge of any of the Clergie, of whatso-ever degree, eyther in Lyfe and Manners, or Doctrine, or exercise of his Calling, and Iurisdiction, hee may bee heard to aunswere all Accusations, and abyde all tryall, eyther for clearing his innocencie, or suffering condigne punishment, according to his Transgressions: declyning alwayes this Assemblie, for the causes aboue-written. Lyke as by these Presentes, wee, and everie one of vs, declyne the same, the whole Members thereof, and Commissioners fore-sayd, directed therevnto, and everie one of them.

Wee protest, That this our PROTESTATION in respect of our lawfull absence, may bee receaved, in the Name of vs vnder-subscribing for our selues, and in the Name of the CHVRCH of SCOTLAND, that shall adheare to the sayde PROTESTATION, and in the Name of everie one of them, From our well-beloved, Doctor Robert Hamilton, Minister at Glasford:

To whome, by these Presentes, wee giue our full Power, and expresse Mandate, to present the same in or at the sayde Assemblie, or where else, it shall bee necessarie to bee vsed; with all submission, and obedience, due to our Gracious Soveraygne, and his Majesties High Commissioner. And vpon the presenting and vsing thereof, Acts and Instrumentes to craue, and all other thinges to doe, that necessarilie are requyred in such Cases: firme and stable holding, or for to holde, what hee, or anie of them, shall lawfullie doe in the Premisses.

In witnesse where-of, as wee are readie with our Blood, so with our Hand, wee haue subscrybed these Presentes, at the Palace of HOLIEROOD-HOVSE, NEW-CASTLE, and GLASGOW, the 16, 17, and 20 dayes of November, Anno 1638.

Et sic subscribitur.

Jo: Sᵗⁱ Andreæ Arch. [_Jo. Spottiswood._]
Pa: Glasgow. [_Patrick Lindsay._]
Da: Edinburgen. [_David Lindsay._]
Tho: Gallovidien. [_Thom. Sydserfe._]
Jo: Rossen. [_John Maxwell._]
Walterus Brechinen. [_Walter Whitfoord._]

* * * * *

86. _His Majesty’s Observations upon the draft copy of the Declinator._[111]

CHARLES R.

I. The second reason to be advised with my Lord Commissioner, whether or not it be safe at this time to except against the Form of the Publication of the Indiction of the Assembly.

II. The third is a very good reason against the Proceeding of the Assembly, but will not infer a Nullity.

III. In all the reasons where the Assembly is called a pretended Assembly, it is His Majesties Pleasure, that the word _pretended_ be deleted out of the Copy shewed to His Majesty.

IV. For the seventh reason, if it offend not the inferiour Clergie, His Majesty is contented with it.

V. In the ninth reason, to omit the precondemning of the Service-book, Book of Canons, and High Commission.

VI. The tenth reason is so full that the eighth may be totally omitted.

VII. The eleventh reason militates abundantly against all those who hold such Tenets, that they cannot Voice in the Assembly, though it Infer not an absolute Nullity of the Assembly.

VIII. The thirteenth de loco tuto, & accessu tuto, to be totally omitted.

IX. The fourteenth and last to be totally omitted.

X. In the conclusion there is one clause marked by His Majesties own Hand, which is to be omitted.

Whitehall, 19ᵗʰ October, 1638.

* * * * *

1638.—November 17.

87.—_Letter from the King to Hamilton._[112]

HAMILTON,

Concerning our Preparations here, I have commanded the Comptroller to give you a full account, of which you may take publick notice, and declare, That as their Carriage hath forced me to take care to arm myself against any Insolence that may be committed; so you may give assurance that my care of Peace is such, that all those Preparations shall be useless, except they first break out with insolent Actions. Now for Answer to your Letter, it was never heard that one should be both Judge and Party: besides, the Lawfulness of the Judicatory must be condescended upon, before any Cause can be therein lawfully determined: therefore I say that the Assembly can in no case be Judge of their own Nullities: yet you have reason, not onely to make good what I have promised, but also to promise them a new Assembly, upon the amendment of all the Faults and Nullities of this. I approve of both your Bargains, and shall take care that you shall not lose by them, and so I rest

Your assured constant Friend,
CHARLES R.

Whitehall,
17 Nov. 1638.

* * * * *

1638.—November 20.

88. _Letter from Bishops of Ross and Brechin to the Commissioner._[113]

MAY IT PLEASE YOUR GRACE,

What came from my Lord S. Andrews is herewith enclosed. We humbly and heartily thank your Grace for your excessive favour and kindness towards us: we must take it the more kindly, that we know at such a time it is to let others see what respect your Grace carries to our Coat; for our selves we could more willingly chuse a more sober diet and less ease: considering our own Sins, and the difficulties of the Times, do admonish us rather to fast than feast, to afflict our Souls rather than to relish any worldly pleasure. But above all we two for our selves, and in name of our Brethren, do with most thankful hearts acknowledg your Graces most pious care of the Liberties of this poor distressed and distracted Church; and especially the solicitude and care your Grace hath, that our Protestation be orderly done, secretly kept, and seasonably presented, before either the Cause, or we that are Bishops, suffer wrong. It is that which now concerneth us most and is dearest to us, both for Conscience before God, and our credit to the present Age and future; and we cannot express how happy we are to have in this Exigent such a Pious and Noble Patron, careful and sollicitous with the most tender affection both of our Cause and Persons, where otherwise (with the greatest loss, at least hazard, can be, to discharge our Duty to God and his Church) we should be necessitated to doe it our selves, and haply neither with so much safety nor honour. God will reward your Grace we are confident, and bless your Grace and yours; for we dare aver in this Division your Grace hath made choice of the better part. The Difficulties are great, the Hopes none, but too pregnant Fears to the contrary; yet it is the more like to be Gods Cause, that his Work may appear: and it may be called _digitus Dei_, and marvellous in our eyes. Mans extremity is Gods opportunity.

We have given Dr Hamilton our best directions, which we submit humbly to your Graces better Judgment, to add and command what you think fit: he needs no more Deputation, but the inserting of his name in the Procuratory, which is in the close of the Declinator. Above all we have recommended to him, a care that it may be timeously presented; but in this we trust only to your Grace.

As we pity the Difficulties your Grace is cast into, so shall we be earnest supplicants to God Almighty, to bless and preserve your Grace in this and all other Services, wherewith God and his Majesty hath trusted you.

Your Graces most humble
and bounden Servants,
John Rossen.
Wal. Brechinen.

POSTSCRIPT.—What goes from my Lord of St Andrews directed to me, I beseech your Grace to open and read for your own use.

Hamilton, Nov. 20. 1638.

* * * * *

1638.—November 21.

89. _Letter from the King to Hamilton._[114]

HAMILTON,

This is rather to give the reason of My Answer than the Answer it self, (you being to receive it at large by My Lord of Canterbury.) The truth is, that the same reason which made me blot out the whole Sentence before, hath made me desire to alter a word now; to wit, that I should not be thought to desire the abolishing of that in Scotland, which I approve and maintain in England, namely, the Five Articles of Perth: now the word content expresses enough my consent to have them surcease for the present; but the word pleased, methinks, imports as much as if I desired them to take them away, or, at least, were well pleased that they should doe so. But I leave it to your ordering, so that you make it be clearly understood, that though I permit, yet I would be better pleased if they would let them alone; and so I rest,

Your assured constant Friend,
CHARLES R.

Whitehall, 21ᵗʰ of
Novemb. 1638.

* * * * *

1638.—November 21.

90, 91. _Letters from the King to Hamilton._[115]

HAMILTON,

This is rather to shew you, that I do not forget you nor your pains, than for any Answer that your last Leter needs, it being more of Accounts than Demands. Onely I shall tell you, that you needed not to have made an Excuse for asking the Ten Thousand pounds Sterling; for I know that there is but too much use for it, and the more I consider it, I find you have the more reason: therefore I assure you that what may be done shall be done in this, and with what speed is possible; and so I rest

Your assured constant Friend,
CHARLES R.

Whitehall,
21 Nov. 1638.

* * * * *

HAMILTON,

I have heard this day that the Dean of Durham is dead, for the disposing of which Place, though I may have many Suiters, and (which is more) though heretofore I have had divers Intentions upon the disposing of that Place, for the better accommodating of my Service, the reason of which is now as forcible as ever; yet I have thought fit not to dispose of it till I might (if your stay be not longer than I expect) speak with you: and to shew you that I am not unmindful of the daily pains that at this time Balcanqual takes in my Service, I would let you see the case before I dispose of it, and have your Opinion, if he might not stay a little longer for another nearer my eye, and yet not dishearten him, when it may accommodate my Service another way; and so I rest

Your assured constant Friend,
CHARLES R.

* * * * *

1638.—November 21.

92, 93. _Speech of Commissioner to the Assembly, and the King’s offers to it._[116]

MY LORDS and the rest of this REVEREND ASSEMBLY,

The making of long Harangues is not suitable either with my Education or Profession, much less with this Time, which now after so much talking ought to be a time of Action.

I pray God that as a great (and I hope the worst) part of mens Spirits have been evaporated into bitter and invective Speeches, so the best and last part of them may be reserved for Deeds, and these answerable to the Professions which have been made on all sides when this great Assembly should come.

For the Professions which have been made by Our Sacred Soveraign (whom God long preserve to reign over us) I am come hither by His command to make them good to His whole People, whom to His grief He hath found to have been poysoned (by whom I know not well, but God forgive them) with misconceits of His Intentions, concerning the Religion professed in this Church and Kingdom. But to rectifie all such Misconceptions of His Subjects, his Majesties desire is, that before this Assembly proceed to anything else, His Subjects may receive ample and clear satisfaction in these Points, wherein His Majesties gracious Intentions have been misdoubted, or glanced at, by the malevolent Aspects of such as are afraid that His Majesties good Subjects should see His clear mind through any other Glasses or Spectacles, than those they hare tempered and fitted for them.

Those sinistrous Aspersions, dispersed by surmizes, have been especially two; first, as if there had been in His Majesty, if not some Intention, yet at least some inclination, to give way, if not to Alterations, yet to some Innovations in the Religion professed in, and established by the Laws of this Church and Kingdom.

I am confident that no man can harbour or retain any such thought in his breast any more, when His Majesty hath commanded that Confession of Faith, (which you call the Negative) to be subscribed by all His Subjects whatsoever, and hath been Graciously pleased to put the Execution of this His Royal Command in your own hands.

The next false, and indeed foul and devilish Surmize, wherewith His good Subjects have been misled, is, that nothing promised in His Majesties last most Gracious Proclamation, (though most ungraciously received) was ever intended to be performed, nay, not the Assembly it self: but that only Time was to be gained, till His Majesty by Arms might oppress this His Own Native Kingdom; than which Report Hell it self could not have raised a blacker and falser.

For that part which concerneth the Report of the Intention of not holding the Assembly, this Day and Place, as was first promised and proclaimed, (thanks be to God,) confuteth that Calumny abundantly; for the other of making good what His Majesty did promise in His last Gracious Proclamation, His Majesty hath commanded me thus to express His Heart to all His good Subjects.

He hath seriously considered all the Grievances of His Subjects, which have been presented to Him, by all and several of their Petitions, Remonstrances, and Supplications, exhibited unto Himself, His Commissioner, and Lords of His Secret Council, and hath graciously granted them all; and as He hath already granted as far as could be by Proclamation; so he doth now desire, that His Subjects may be assured of them by Acts of this General Assembly, and afterwards by Acts of Parliament respective.

And therefore he not onely desires, but commands, that all the Particulars he hath promised be first gone in hand with in this Assembly, and enacted, and then afterwards what His Subjects shall desire being found reasonable may be next thought upon, that so it may be known to God and the whole World, and particularly to all His good Subjects, how careful His Majesty is to discharge himself of all his Gracious Promises made to them; hoping that when you shall see how Royally, Graciously, and Faithfully His Majesty hath dealt with you, and all his Subjects, you will likewise correspond in loyal and dutiful Obedience, in chearful but calm and peaceable Proceeding, in all other business to be treated of in this Assembly: and because there shall be no mistake, I shall now repeat the Particulars, that you may see they are the same which were promised by His Majesties first Proclamation.

* * * * *

CHARLES R.

The Kings Majesty being informed, that many of His good Subjects have apprehended, that by the introduction of the Service-book and Book of Canons, the in-bringing of Popery and Superstition hath been intended, is Graciously pleased to discharge the said Books, and to annul all Acts made for establishing thereof; and for His good People their further satisfaction, is Graciously pleased to declare by me, that no other in that kind shall hereafter be introduced, but in a fair and legal way of Assembly, allowed by Act of Parliament, and the Laws of this Kingdom.

The Kings Majesty, as he conceived for the ease and benefit of the Subjects, established the High Commission, that thereby Justice might be administred, and the Faults and Errours of such persons as are made liable thereto taken order with, and punished with the more convenience, and less trouble to the People: but finding His Gracious Intentions to be herein mistaken, hath been pleased, likeas he is Graciously content, that the same be discharged, with all Acts and Deeds made for the establishing thereof, and is pleased to declare by me, that that Court or Judicatory, nor no other of that nature, shall be brought in hereafter, but in that way allowed by the Laws of this Kingdom.

And the Kings Majesty being informed, that the urging of the five Articles of Perth’s Assembly hath bred Distraction in the Church and State, hath been Graciously pleased to take the same into His consideration, and for the quiet and peace of Church and State, doth not onely dispense with the practice of the said Articles, but also discharges, and by these hath discharged, all and whatsoever Persons from urging the practice thereof, upon either Laick or Ecclesiastic person whatsoever: and doth hereby free all His Subjects from all Censure and Pain, whether Ecclesiastical or Secular, for not urging, practising, or obeying them, or any of them, notwithstanding any thing contained in the Acts of Parliament or General Assembly, to the contrary.

And because it is pretended, that Oaths have been administred to Ministers at their entry, contrary and differing from that which is set down in the Acts of Parliament, His Majesty is pleased to declare and ordaine, that no other Oath shall be required of any Minister at his entry than that which is expressly set down in the Acts of Parliament; and this He is content be considered of in the Assembly, to be represented to the Estates of Parliament, and enacted as they shall find expedient.

And that it may appear how careful His Majesty is that no Corruption or Innovation shall creep into this Church, neither any scandal, vice, or fault of any person whatsoever censurable or punishable by the Assembly, go unpunished, it is his Majesties Pleasure, likeas by these His Majesty does assure all His good People, that hereafter General Assemblies shall be kept as oft as the Affairs of this Kirk shall require: and to this purpose, because it is probable that some things necessary for the present Estate and Good of this Church may be left unperfected at this present Assembly, We do by these indict another Assembly to be holden at __________. And that none of Our Subjects may have cause of Grievance against the Procedure of Prelats, Our Pleasure is, that all and every one of the present Bishops, and their Successours, shall be answerable, and accordingly from time to time censurable according to their Merits by the Assembly, which His Majesty is likewise pleased be enacted in this present Assembly, and thereafter ratified in Parliament.