Declaration Concerning the Late Tumults in Scotland, Floating text 46

Declaration Concerning the Late Tumults in Scotland · Floating text 46

p. 375The Protestation of the generall Assemblie of the Kirke of Scotland, made at the Market Crosse of Edinburgh the 18. of December, 1638.

WE Commissioners from Presbyteries, Burghes, and **False: for there was not, after Our Commissioners leaving of the Assemblie, any one Commissioner from any Universitie of that Kingdome, which did not desert it.Universities, now conveened, and yet sitting in a full and free Assemblie of the Kirk of Scotland, indicted by his Majestie, and gathered together in the name of the Lord Jesus Christ the onelyonly Head and Monarch of his owne Kirk; And We Noblemen, Barons, Gentlemen, Ministers, Burgesses and Commons, Subscribers of the Confession of Faith, make it knowne; that where We his Majesties loyall subjects of all degrees, considering and taking to heart the many and great innovations and corruptions lately by the Prelats and their adherents introduced into the doctrine, worship, and discipline of this Kirk, which had been before in great purity, to our unspeakable comfort, established among us, were moved to present many earnest desires and humble supplications to his sacred Majestie, for granting a free generall Assemblie, as the only legall and readie mean to try these innovations, to purge out the corruptions, and settle the disorder of the Kirk, for the good of Religion, the honour of the King, and the comfort and peace of the Kirk and Kingdome: it pleased his gracious Majestie out of his Royall bountie, to direct unto this Kingdome, the Noble and Potent Lord James Marquesse of Hamiltoun, with Commission to heare and redresse the just grievances of the good subjects: who, by many Petitions and frequent conferences being fully informed of the absolute necessitie of a free generall Assemblie, as the onelyonly judicatorie which had power to remedy those evils, was pleased to undergo the paines of a voyage to England, for presenting the pitifull condition of our Kirk to his sacred Maiestie: And the said Commissioner his Grace returned againe in August p. 376last, with power to indict an Assemblie, but with the condition of such **False.prelimitations, as did both destroy the freedome of an Assemblie, and could no wayes cure the present diseases of this Kirk. Which was made so clearely apparant to his **More false then the other, if it were possible.Grace, that for satisfying the reasonable desires of the subjects, groaning under the wearinesse and prejudices of longsome attendance, he was againe pleased to undertake another journey to His Majestie, and promised to endeavour to obtaine a free generall Assemblie, without any prelimitation, either of the constitution and members, or matters to bee treated, or manner and order of proceeding: so that if any question should arise concerning these particulars (whereof the power of ruling Elders as a part of the constitution, and the examination of Episcopacie as a present question to bee moved, was exprest, albeit now the Commissioner hath pretended the samine for the greatest causes of his rising and away going from the Assemblie) the samine should be cognosced, judged, and determined by the Assemblie, as the onelyonly judge competent: And accordingly by warrant from our sacred Soveraigne returned to this Kingdome, and in September last caused indict a free generall Assemblie to bee holden at Glasgow, the 21. of November last, to the unspeakable joy of all good subjects and Christian hearts, who thereby did expect the perfect satisfaction of their long expectations, and the finall remedie of their pressing grievances. But these hopes were soone blasted, for albeit the Assemblie did meet and begin at the appointed day, and for the space of seven dayes sitting was countenanced with his Graces personall presence, yet his Grace did never allow any freedome to the Assemblie, competent to it by the Word of God, Acts and practice of this Kirk, and his Majesties indiction, but did labour to restraine the samine during the time of his abode there, by protesting against all the Acts made therein, and against the constitution thereof by such members, as by all Law, reason, and custome of this Kirk, were ever admitted as members constituents of our free Assemblies, and by denying his approbation to the things proponed and concluded, though most cleare, customable, and uncontroverted.

And further, his Grace after the presenting and reading of his owne Commission from our sacred Soveraigne, and after his seeing all our Commissions from Presbyteries, Burghes, and Universities, produced and examined, and the Assemblie constitute in all the members by unanimous consent, did, to our great griefe, without any just cause or occasion offered by us, **False, and sufficiently before disprovedunexpectedly depart, and discharge any further meeting or proceeding in this Assemblie, under the paine of treason; and after seven dayes sitting, declare all Acts made, or thereafter to bee made in this Assemblie, to bee of no force nor strength; and that for such causes as were either then exprest verbally by his Grace, or contained in a Proclamation made by his Grace at Glasgow, **It is a wonder that men can be found who dare averre such an untruth, when the Proclamation at Glasgow is subscribed by the hands of our Councellours: let the Reader turne back to it and be judge.without any p. 377warrant of an Act of Councell, contrarie to the Law and custome of this Realme: whereunto we answered by our Protestation of the 29. of November, or otherwise for such reasons as his Grace thought meet to alledge, which are since superadded in this late Proclamation, now made at Edinburgh, this 18. of December, wherein, for our greater surcharge of sorrow, wee are heavily and wrongously blamed and taxed of many great offences.

And first for making Protestation against the Proclamation made at Edinburgh the 22. of September last,Anent our Protestation. whereas our reasons contained in that our Protestation are so forcible and just, to demonstrate the necessity and lawfulnesse of our Act, that wee judge all good men and Christians will be satisfied therewith; whereanent we remit our selves to our Protestation printed, and will not for shortnesse repeat the samine reasons here.

And where we are reproached and blamed in this new Proclamation for guarding and watching the Castle of Edinburgh,Anent our watching the Castle of Edinburgh. and impeding to import ammunition, or other necessaries, to any of his Majesties houses; an Act which is exaggerat to bee without an example in the Christian world, seeing we denie that libertie to our Soveraigne, which the meanest of us do assume to our selves: For answer hereunto, wee confidently affirme that wee are unjustly challenged of all the said points, except for preveening dangers evidently threatned unto us, by circumspect attendance about the Castle of Edinburgh; which afterward we shall shew to be warrantably done: **They confesse it within eight lines after this.For we declare that we have never made the least stop or hindrance to the importation of any ammunition, victuall, or thing whatsoever, into any other of his Majesties houses, or Castles: Nor for carrying all necessarie sustentation into the Castle of Edinburgh. Neither hath any of us fortified, or provided any of our private houses for warlike defence; so that all those are heavie, and unjust imputations: But wee confesse and grant, that there being some provision and ammunition quietly imported into this Kingdome, for furnishing the Castle of Edinburgh, and intended secretly to have been put therein, we have carefully preveened the samine by our diligent attendance, And that for such reasons, grounded upon equitie, the Law of nature, and municipall Lawes and Acts of Parliament of this Kingdome, and the lowable example of our predecessours: For the truth is, that having petitioned his Majestie for redresse of our just grievances, and a legall triall thereof, before we received any answer thereunto, all possible meanes were used to dissolve that union which was made amongst us for that good cause, and to impede all our meetings from deliberating thereupon, wherein the town of Edinburgh made a considerable part, not onelyonly as an important member of this conjunction, but as a most commodious and ordinarie place of our meetings; so that when all other meanes of perswasion had failed, the meanes of terrour was not left unassaied: And for that effect a great quantitie of ammunition was brought by sea from forraine parts to have beene clandestinly imported into the Castle of Edinburgh, as no p. 378doubt it was intended, seeing the samine was unloaded in the dead time of the night: And we considering that in case the samine had bin imported into the castle, with other provision and store formerly therein, the samine might have bin used & imploied for the overthrow of that place, and tended to our great prejudice, by with-drawing them, upon that terrour, and displacing us from our ordinarie meetings; upon these reasons and considerations we preveened the samine by such a loyal way as cannot be offensive to Authoritie: **True: but We, and Our Councell, and Our Judges, and the rest of Our loyall subjects are the publike; mutiners and rebels are but a private and schismaticall part, though never so many.For the safetie of the publike is the end of all lawfull power, and supreme Law. And the adversaries of our Religion having formerly boasted, by that provision so to furnish the Castle, that it might beat down the town of Edinburgh, and bar the supplicants from meeting therein, we had just reason to hinder that fetter of slavery to be put upon the towne; and that the Castle of Edinburgh, which is amongst the first strengths of the land against forraine forces, might bee turned as a speciall engine of constraint against the subjects, to hinder their lawfull meetings, or to force the towne of Edinburgh to separate from the rest of the supplicants: Which great prejudice the Law of nature teacheth us to avoid, And yet we have not proceeded therein without the warrant of the Acts of Parliament.

For first, where there is any violent presumption of spoyling of the Countrey, it is ordained that the **But not without or against the Kings command; his Generall (much lesse any Lievtenant of his) cannot do that.Lievtenant raise the Countrey, and passe to such Castles and fortalices where there is any unrulie men, and take sovertie of the persons within these houses, that the Countrey and all the Kings lieges bee unharmed and unskathed of the saids houses, and of them who inhabits the samine from time forth: And if any make difficultie to bee arrested, and finde sovertie as Law will, they shall bee streinied thereto, James 2. Parliament 2. Act 3. And therefore now seeing there is not onelyonly violent presumption, but great menacing, from the adversaries of the truth and Countrey, and their adherents, of the breaking of the Countrey and harming of the samine; and especially his Majesties lieges within Edinburgh, by the extraordinarie provision of munition to the Castle of Edinburgh, and that by the saids Bishops plots from his Majesties prime officers, who in his Majesties absence should preveene that inconvenient by the ordinance of that Act: Therefore upon their default the Countrey it selfe and the Kings lieges, in whose favours the Act is made, may provide for their owne safetie, and keep themselves unharmed by that Castle, or any inhabitants thereof, and so preveen the importation of ammunition thereunto, conforme to the said Act of Parliament.

**All this which followeth, concerning the guarding of Our Castles and Forts, and keeping Us out of them, containeth no lesse then treason, and is not to be answered with a pen.Secondly, as the Castle of Edinburgh and certaine other Castles and lands are the Kings undoubted annexed propertie, so it is to bee considered for what cause they were annexed, by whom annexed, upon what condition, and how to be disponed upon. For the onelyonly cause exprest in the annexation thereof 41. Act. James 2. Parliament 11. is, that the povertie of the Crowne is oftimes the cause of the povertie of the Realme: Which Act makes no mention that the p. 379King was annexer of the Castles and Lands to the Crowne, but only that by the advice of the full Councell of the Parliament it was so statute and ordained, And appoints that they may not bee disponed upon, without advice, deliverance, and decreet of the whole Parliament, for great, seene, and reasonable causes of the Realme: So that being thus annexed to the Crowne by the Realme it selfe, for avoyding an inconvenient to the Realme, and being annexed with condition not to be disponed upon without the advice and decreet of the whole Parliament, and for great, seene, and reasonable causes of the Realme; justice and equitie will require, that these Castles should not be made an instrument of the povertie and desolation of the capitall towne of the Realme, and of the harme of the most considerable part of the bodie of the Realme there conveened for supplicating his Majestie and the Councell, and preparing overtures to the future Parliament, for redresse of our just grievances. But now by this extraordinarie provision to the Castle, being threatned with ruine and exterminion, they may stop the misimploying of that benefit granted to the Realme eo animo & ad hunc finem, for the well of the Realme, while the Parliament of the Kingdome give their humble advice to his Majestie thereanent.

Thirdly, by the 9. Act. 9. Parl. James 6. it is acknowledged that the Castle of Edinburgh, Dumbartane, Stirling, and Blaknesse, are foure chiefe strengths of the Realme which ought to be safely kept to the Kings behove, and wel-fare of the Realme: And for keeping the Castle of Edinburgh, there is assigned, with consent of the Estates, both money and victuall, a great part whereof is forth of the thirds of benefices, which thirds in December 1561. were decerned and ordained by Queene Marie, with advice of her Councell and others of the Nobilitie then present, to bee up taken and imployed for these two uses: viz. Sustaining of Ministers, and entertaining and setting forward the common and publike affaires of the Countrey and Common-wealth of the Realme: which was also enacted, Act 10. Parl. 1. James 6. and thereafter ratified Act 121. Parl. 12. James 6. Whereby it doth appeare that as the Castle is the Kings undeniable annexed propertie, so it is also a strength of the Realme, which should be safely kept to his Majesties behove, and wel-fare of the Realme, having for the keeping thereof rents assigned with consent of the three Estates of the Kingdom forth out of the thirds of benefices, estimate by the Estates in eum usum, for entertaining and setting forward the publike affaires of the Countrey and Common-wealth of the Realm. And consequently the most **Which the Covenanters are not.loyall part of the body of the Realme hath maine interest to divert the converting of this strength to the weakning or ruine of the Realme or any member thereof, threatned by this unusuall provision, and openly denounced by our said enemies.

Fourthly, by the 125. Act 7. Parl. James 6. it is acknowledged that the Kings Castles and strengths are the keyes of the Realme: and the onelyonly use of keyes is for keeping together in safetie and preservation, p. 380and not for spartling, dispersing, or perdition. So that the Realme and collective bodie thereof can hardly be disallowed for contributing their loyall endeavours to the good keeping of their **Whether should the King or his subjects keep the keyes of his owne Kingdome?owne keyes, when contrarie to the right end these keyes are used against the Countrey and Realme, whereof they should be, and are the keyes of safetie: as by the said Act is declared.

Fifthly, by the same Act, all violent detainers of the Kings Castles from him, or constrainers of the Kings regents do redeeme his owne houses, and all makers of any such bargaine, merchandise, or market of the Kings Castles, are onelyonly ordained to rander and deliver againe what they have received for reddition of the saids Castles, and that the King shall have action for repetition thereof as necessarily given for the time, and wrongously received for unlawfull causes. And our proceedings being compared with the subject of that Act of Parliament, cannot deserve so harsh constructions, where the **But the Covenanters are the worst part.best part of the bodie of the Realme being constrained for indemnitie of their persons and goods, do neither take nor detaine the Castle, but onelyonly with-hold importation, first clandestinly intended, and thereafter openly threatned, of all kinde of warlike and invasive furniture, which could bee usefull to no purpose, but to the harm and annoyance of those who were conveened for the just occasions foresaids, who deserve and expect approbation and **Wee do not take them to be such fooles as to expect thanks from Us for their proceedings; if they do, they are like enough to go without them.thankes from his Majestie in his own due time, for keeping his evill Counsellours, and bad Patriots, from putting hand in his best subjects.

Sixthly, by the 25. Act 6. Parliament James 2. sundry points of treason are ennumerate: And amongst the rest, one is the assailing, without consent of the Estates, the Castles or places where the Kings person shall happen to bee: And now the Kings person not being in this Castle, but out of the Countrey, and the **The worst and most disloyall part of all Our subjects.best and most loyall part of his subiects both for number and fidelitie, imploring his Maiesties authoritie, for convocating the Estates to take order with these, who, presuming upon his Majesties absence, are bold to give him sinistrous information and counsell, these who do no wayes assaile the Castle, but barrs these evill Patriots from putting in execution their damnable suggestions by their supercherie violence and terrifications from that Castle, before the convention of Estates, cannot in Law and equitie bee challenged in their carriage, so necessarie to them in the interim, while the Estates conveene in a Parliament, which now his Majestie hath beene graciously pleased to proclaime.

Seventhly, it is knowne by our Chronicles and Records, that the Castle of Edinburgh was given in keeping to the house of Erskine by the King and Estates of Parliament, **In what historie be these words? is it not Regi as well as conventui ordinum? or can there bee a convention of the three Estates called without the King or his Authoritie?hac lege expressa & conditione, ut nulli nisi conventui ordinum reposcenti traderent.

Eighthly, this Act is not unexampled in the Christian world: but p. 381hath many presidents both in the History of other Kirks and Kingdomes, and of our own, which hath many such examples even done by the Estates themselves: whose fact doth make our right, and whose authority is ratified conforme to the ancient and loveable custome, in punishing rebellious subjects, and preserving the faithfull, Act 130. Par. 8. James 6.

In the next place we are upbraided for our meetings,Anent our meeting and alledged Councell Tables. which in the Proclamation are called Councell Tables only by that name which by ordinary expression is due to judicatories, to make it beleeved, that we have arrogate to our selves some unwarrantable power and authority; (which we neither have nor intends to doe God willing) whereas the truth is, that in a matter so highly importing all of us, as the preservation of Religion and purity of Gods worship, it was most necessary for us to meet, and that in a sober, modest, and quiet way, for deliberating with joynt advice upon those weighty businesses for the good of the Kirke, his Majesties honour, and peace of the Kingdome: And those **Many letters have been sent▪ down from Commissioners of Shires then resident at Edinburgh to them living in the Countrie, requiring them to doe such things, as they would answer the contrary to the Table.meetings did never emit nor send forth any authoritative command or injunctions, but conclude upon such advices as might be most expedient for advancing that great businesse, and facilitating the way of supplication to his Majestie, and overtures for the Assembly and Parliament; which was an Act lawfull and approvable in the selfe, albeit the conclusions thereof did not carry the force or validity of a binding law or command, which was never aimed at, nor intended: Which meetings they might warrantably keepe for that end, being for Gods glory, and removing the iust grievances of the subiects, no waies prohibited by any of our municipall Lawes, which disapproveth such conventions as are for disturbance of the peace, or usurpation against Authority, whereof neither of the two can bee alledged against these meetings: Not the first, because no invasion, violence, offer of wrong by word or deed, to any person, no even to those, upon whom they justly complaine, ensewed upon the same, notwithstanding of their provocations, and their feares falsly represented to his Maiesty, and maliciously pretended for their stay out of the Countrey: Not the second, because their meetings was to consult in manner foresaid upon the most fitting and humble way of supplicating his Maiestie, and for the most convenient propositions to bee represented to his Maiesty, the Parliament, and Assembly: all which acts are most compatible with the loyalty and duty of good subjects, and doe no waies intrench upon Authority, seeing they can never be challenged to have assumed to themselves any judiciall determination in any matter of State, Civill nor Ecclesiasticall, but by voluntary instructions and opinions every one to another in a common cause of Religion, did resolve what might be most conducible to their lawfull and iust ends; And yet those conventions want not the warrant of Law and Authority, because they consist of the Nobility, Barons, Burrows, and Ministerie, which by the fundamentall Lawes of the Land, have place of proponing, reasoning, and voting in Parliament and Assemblies, Act 113. King p. 382James the 6. Parl. 11. wherein is acknowledged that it is necessary to the King and his Estates to be truly informed of the needs and causes pertaining to His loving subjects in all estates, and therefore ratifieth the Act made by King James, 1, anno 1427. Giving power to Barons, to propone all and sundry needs, and causes, and to heare, treat, and determine all causes to be proponed in Parliament: which necessary and true information cannot be made to his Majestie and Estates, ††But was ever that previous meeting or contention of the Estates without the calling and authoritie of the King?without privy meeting and consultation: and consequently it being granted to them, to informe the King and Estates, and to propone, heare, treat, and finally determine all needs and causes to be proponed in Parliament, there must be necessarily understood to be a sufficient power granted to them for meeting and advising upon that information: Quia aliquo concesso, omnia concessa videntur, sine quibus concessum expediri nequit. And as to the Ministers they have likewayes power granted to them, not onelyonly by the word of God and constitutions of the Kirke, but by the King and laws of this land, to propone, reason, and vote in Assemblies, and be the samine parity of reason to keep preceding meetings, not to determinate or execute, but to consult upon their necessary propositions: So that these lawfull meetings, for the religious end, suffer wrongously the invidious designation of Councell tables: which is onelyonly done for procuring misconstruction against them; because at these meetings and consultations they sat about a table, which posture is no wayes prejudiciall to Authority, the meanest of mechanik crafts having their own tables where about they sit, when they consult upon the smallest businesse importing their trade. And farder, these same meetings, consisting of Commissioners from each Sheriffedome and body of this Estate, were allowed by his Majesties **Most false.Councel first, and thereafter by the Commissioner his Grace; In so farre as the whole subjects of this kingdome out of their resentment of the weight of this cause, having numerously conveened at Edinburgh, from all the parts of the kingdome, that confluence of people was desired to be dissolved, and directed to make choose forth of that great number of some Commissioners from each shire who might meet to represent their just grievances and desires, and attend the answers thereof.

Anent some members of the Assembly alledged to be under censure.The third particular challenge in the Proclamation, is for the illegall and unformall course taken in the election of Commissioners to the Assembly, whereof some are alledged to have beene under the censure of this Kirke, some under the censure of the Kirke of Ireland, some banished for teaching against Monarchie, others being suspended, some admitted to the Ministery contrare to the laws of this kingdome, others at the Horne, some confined, and all by oath bound to the overthrow of Episcopacie: Whereunto although no answer be requisite, seeing the persons thereby meaned, are not specially condescended upon, yet for clearing all mens mindes, and showing the warrantablenesse of our proceedings, it is of truth that the Assembly, after particular triall which they took upon some such p. 383surmises, could not finde any censured by the Kirke of Scotland or Ireland, by a lawfull manner, in a lawfull **Who have made the Covenanters Judges of the lawfulnesse either of the judicatorie or the cause? especially, what an intolerable presumption is it in them to judge Our judicatories in Ireland?judicatory, or for a lawfull cause: but on the contrary, the Assembly, after carefull searching and examination, found, that any censure inflicted upon any of these persons in Scotland was only by a Bishop (who ought to be punished for taking arrogantly on him the name of the Kirke of Scotland) and that without the advice of any Presbytery, but sitting in his high commission (which was condemned by the laws of this Kirke and Kingdome, is discharged by the Kings Proclamation, is one of our just grievances, and a part of the Bishops dittie) and that only for refusing the innovations and corruptions abjured by the Confession of Faith 1580. For the censure of the Kirk of Ireland, it was not notified to the Assembly by any such objection, and yet out of their zeal and care to satisfie all these misinformations, whereof they heard some whisperings, they fand after triall, that these censures inflicted were for the same causes foresaids, and yet could not militate out-with the bounds of that diocie where they were censured in their own law and practique, and none of them were ever banished for any cause, let be for that odious cause pretended in the Proclamation: wherein the mention of Horning against some of the Commissioners could not bee a lawfull exception against them, because Horning can neither take away their Ministeriall function, nor deprive the Presbyteries of their voice by their Commissioners: But in speciall this Horning against the Commissioners to the Assembly cannot be respected; because it was done in Edinburgh upon a ††But they know that many members of that Assembly were denounced Our rebells, and put to Our Horne, long before Our Assembly was thought on.suddenty (upon what intention we permit every one to consider) after all the members of the Assembly were gone to Glasgow, and yet Protestation was taken against the samine, and suspension craved upon the reall offer of consignation, which, contrarie to the common law and practice of this kingdome, was unexampledly refused, and publick instruments taken thereupon: All which objections are onelyonly now remembred to blemish the proceedings of this Assembly, but were never urged nor proponed in the Assembly; but on the contrarie, the Commissions of all persons were produced, examined, discussed, and approven in my Lord Commissioners owne audience, without any contrarie voice of the Assembly: And yet upon these challenges much is built against the Assembly, and the samine are aggravate from a preceding oath, whereby it is alledged that the Commissioners were bound to overthrow Episcopall government, which is of the same stamp and mettall with the rest: For the truth is, that there was never any oath given, nor exacted, but that which is contained in the Covenant, whereby all was abjured, onelyonly in generall, which was contrarie to the Confession of Faith 1580. leaving to the tryall and determination of the Assembly, whether Episcopacie and some other innovations were repugnant to the said confession, or not. And at the best, it is a bad inference, that one who hath maintained orthodox opinions, and preached against heresie, and errour, may not in the lawfull judicatorie voice for condemnation of these errours. And as p. 384for the election of Moderatours, admission of Ministers by Presbyteries, and restitution of Elders; the same needeth no answer in this place, being sufficiently cleared by us before in our answers to the 11. Articles exhibite unto us by the Commissioner his Grace: Which answers were so satisfactory, that after the receit of the same, his Grace promised to procure a free general Assembly, with power to determine upon all questions anent members, matter, and manner of proceeding. And are further cleared in the book of Policie, and other Acts already cited in our particular answer to the Declinator of this Assembly, produced by the Bishops. All which is approven by this generall Assembly, and all Acts carrying appearance of contrariety thereto upon undeniable grounds are declared to be null ab initio.

Anent the alledged instruments sent from the Tables.The fourth Act rubbed upon us to our prejudice by the Proclamation, is the sending from the Tables of instructions, whereof the heads are summarily exprest, which his Grace indeed did show to the Assembly, and then the members of the Assembly declared, that neither of these papers were ever sent from the **Not from their publick meetings (for they durst not for feare it should be known) but from a cabinet meeting, consisting of them who led the rest by the nose, & whose names We know, and shal be knowne to all in due timemeetings at Edinburgh to any man in their knowledge; and yet for the first (which possibly might have been some private direction of one friend to another, without common advice) it doth not containe any thing offensive or partiall. For the phrase of losing of our Christian and civill liberty might be warrantably exprest in relation to our former bondage and slavery under the Prelates, tyrannizing in their High Commission, whereby most summarily, at their own pleasure, they deprived, fined, and confined all persons and professours, with such an high hand as justly we might affect deliverance from that servitude, which was likely more to enteresse by the unlimited power usurped in their Canons. So that the desire of this liberty cannot be judged an affectation of licentious living without subjection to lawfull authority, which in our solemne Covenant with God wee have sworne to maintaine. And as for the other paper, the ††If it be forged, it is forged by none but Covenanters, who from many severall shires in the kingdome did send copies of the same written in the same words to Our Commissioner and others, and yet those Covenanters did not know one of anothers sending.same is the forgerie of our enemies presented to the Commissioner his Grace, of deliberate purpose to make a pretext for discharge of the Assembly, which we are sorry was so readily embraced, notwithstanding that when the same was produced by the Commissioner, the same was not onelyonly cleared to be no draught sent by publicke advice, but the members of the Assembly, and even those whom his Grace most suspected, denyed the same, and offered to controll it by production of the true paper of their instructions, altogether disagreeing from that other produced by the Commissioner, except in the two points following, which had been craftily intermixed with the saids untruths, to give them some countenance of probability. Likeas they professed to his Grace, upon their **There was no man in the Assembly who offered any such oath as is here alledged. Wee doubt not but there were many members of the Assembly who might have taken that oath safely, because they were indeed never acquainted with these papers; but Our Commissioner (if he had beene put to it by the Assembly) could have named many, especially some of the Nobilitie, Gentrie, and Ministers, who could not have taken that oath without perjurie; and since it is now denyed; they shalbe named in due time and place.oath, that they had never seene the same before, nor ever read any of the Articles therein contained in any other paper, except the p. 385fourth and the eighth Articles, whereof the fourth was for eschewing (as farre as might be) Chappel-men, Chapter-men, and Ministers Justices of peace, from being chosen Commissioners to the Assembly: which was so reasonable, that none could be offended thereat, because **First, this (nor the eighth) was not published in their publicke instructions (for it would have offended many Covenanters who were both Chapter-men and Chappel-men) and therefore they acknowledging it to be one of their instructions, must needs confesse it to be amongst their private ones. But a wonder it is that men should not be ashamed to avow in print this their false and partiall dealing; for this instruction concerning Chapter-men and Chappel-men was only given to barre some moderate covenanting Ministers from being chosen Commissioners; for, notwithstanding this instruction, Master Ramsey, who both was one of the Chapter of Edinburgh, and Subdeane of Our Chappell, and Rollock, who was Prebend of the same Chapter, and one of our Chaplains, who duely preached his turnes in Our Chappell, and some others, fierce and fiery revolted Chaptermen and Chappel-men, were chosen Commissioners, though the reason here expressed was as strong against them as against the rest.Chappel-men had approven, and without warrant of this Kirk practised the innovations introduced of late; the Chapter-men had practised the book of ordination, and (contrarie to the Acts of the Kirk discharging Chapters and their election of Bishops 1578.) had approven the corruptions of Kirk government, and Ministers Justices of Peace had likewise accepted that civill office upon them, whereunto they were promoved for the most part as creatures and dependers of Bishops. And the eighth, wherein some are desired to study the points which were likely to be agitate in the Assembly, as, de Episcopatu, de senioribus, and among other points, de potestate supremi Magistratus in Ecclesiasticis, praesertim in convocandis conciliis; whereat none can take just exception, because it was the duty of every member of that Assembly to instruct and enable themselves for agitating every point, which might occurre to be spoken of there by any, or been proponed by the Doctors of Aberdene, who were expected there, and commanded to study these points: So that this ought not to be wrested to their prejudice, seeing it was incumbent to the Assembly to know the precinct of the Kirks jurisdiction, especially anent their owne Assemblies, and to distinguish it from the civill jurisdiction of the supreme Magistrate, giving to God what is Gods, and to Cesar what is Cesars, whereby the soveraign Magistrate hath no prejudice, but great benefit, to know the extent of his power in matters Ecclesiasticall, lest either he should come short of what is due to him, or, for want of true information, incroach upon the liberties of Christs Kirk: Whereby it is most evident, that no indirect nor partiall courses, nor dangerous propositions, have beene used in the preparations and elections to this Assembly, but such as are most legall, peaceable, ordinarie, and warrantable.

In the next place the Proclamation charges our innocency for repairing to the Assembly with great troupes and bands of men boddin in fear of war, and furnished with forbidden armes,Anent our going to Glasgow with alledged numbers and weapons. in contempt of a preceding Proclamation: whereas the truth is, that our going and repairing to Glasgow was in the most peaceable, quiet, and single way which might serve for our security and indemnity against sundry outlawes, Clangregors, and their followers, who shortly before the meeting of the Assembly had done sundry outrages, and committed many insolencies upon the Kings good Subjects in these Westerne parts, both to private p. 386men, whom by their number they might enforce, and by exacting moneyes at publicke mercats neere Glasgow, whereof many were advertised by their private friends from these places, and to come thither prepared for eviting all affront or hazzard which they might incurre by that rascally multitude: So that being firmely resolved of before to goe thither every one accompanied with his own ordinary private train, we yet continued in that resolution, and went thither in most sober and quiet way, onelyonly with this change, that for preveening that hazzard we went not every man alone with his owne ordinary servants, but some few together went in company; which is not onelyonly ordinary in going out the way, but was most expedient at that time for avoiding the foresaid hazzard and prejudice: which moved us all so to carry with us some offensive weapons▪ wherewith not onelyonly these rebels were provided, but likewaies such who went to Glasgow with his Majesties Commissioners, who upon that same necessity were likewaies **Most false.provided with those prohibited weapons, and yet their carriage nothing thought to deboird from the duty of good subjects. Upon these reasons some of the supplicants being present in Edinburgh, at the making of the said Proclamation 16. of November last, did protest that it might be lawfull for them to carry weapons for their own defence, and preservation against any such lawlesse invasion or violence as might threaten them, and that they might incurre no prejudice by carrying such weapons as those who followed Councellours and many others did, promising to carry themselves peaceably and irreproveably during the time of the Assembly, which accordingly they have done: and seeing our said carrying of weapons was for defence of our lives, against the invasion of these barbarous sorners, we are not censurable therefore by the act of Parlament prohibiting the saids weapons, because we was repairing to, or returning from the Assembly at command of his Majesties letters and authority, which is in speciall words exprest in the act of Parliament, Act 18. Parliam. 1. James 6. which is thereafter ratified with the same provisions, Act. 87. Parliam. 6. James 6. and thereafter also ratified, Act. 248. Parliam. 15. James 6. like as by the 227. Act, Parliam. 14. James 6. all honest men, and good subjects free-holders, are authorized with a commission to take and apprehend the persons and goods of those sorners and thieves, keep themselves in prison, and execute them to the death: And therefore farre more to carry weapons for resisting of their savage violence.

Anent our refusall of Assessors, and of the Bishops Declinator.And where the formall and orderly proceeding of this Assembly is challenged in the Proclamation, as peremptory, for refusing voice to the six Assessors assumed to himself by the Commissioner, and for not suffering the Declinator by the Bishops to be read before the electing of a Moderator, We cannot conceive the same to be a just cause of offence, because albeit according to our bound duty, We deferre all humble respect to his gracious Majesties Commissioner, and to the persons and places of the prime Noble-men, and Councellours p. 387his Graces Assessors, yet for preservation of the liberty of the Kirke of Jesus Christ, We did in all humility remonstrate that his Majesties Commissioner and Assessors, how many soever (whose place is not to vote, but to assist the Commissioner by their counsell for his orderly proceeding) could have but onelyonly one voice in the Assembly: Since after thirty-nine nationall Assemblies of this reformed Kirke, where neither the Kings Majesty, nor any in His name were present, at the humble and earnest desire of the Assembly, his Majestie graciously vouchsafed His presence, either in His own royall person, or by a Commissioner, not for voting or multiplying of voices, but as Princes and Emperours of old in a Princely manner, to countenance that meeting, and to proceed in it for externall order: And if we had been honoured with his Majesties personall presence, his Majesty (according to the practice of King James of blessed memory) would onelyonly have given His own judgement in voting of matters, and would not have called others who had not been cloathed with commission from the Kirke, to carrie things by plurality of voices. Which is also imported by his Graces Commission produced, wherein hee is nominate sole Commissioner. Like as also his Majesties Father never had Assessours voicing in ††It is a bold and impudent speech to affirm that Our royall Father kept unlawfull Assemblies, especially when some of them are confirmed by Parliament.lawfull Assemblies, nor challenged the same to his Commissioners, but onelyonly of late dayes in these corrupt Assemblies, which for undenyable reasons are declared to have beene null ab initio. And as to the refusing of the reading of the Declinator, and Protestation, exhibite by the Prelates, The same was publickly read, and the first Act of the Assembly, immediately after the election of a Moderator and constitution of the members, before the which time there was no Assembly established, to whom the same could have beene read, or by whom it could be judged; Like as we desired his Grace to bring in the Prelates themselves, and we should both answer for their safety, and give them a full audience.

And further, whereas his Grace under his hand,Anent his Majesties declaration wherein it is not satisfactorie. gave in his Majesties declaration, mentioned in this Proclamation, the same being considered by the Assembly, gave them matter of great joy, to finde his Majesties royall heart so farre enlarged towards them, as willingly to untie some of those grievous bands wherewith they had beene fettered by the meanes of some who abused their own places, and trust with his Majesty; But the same was not found satisfactory, nor sufficient for establishing of a legall security of the points therein mentionate, nor yet for purging the corruptions, and setling the peace of this Kirke, as was promised, whereof the Commissioner his Grace would not stay to be informed, but did unexpectedly and suddenly remove, to the great grief of the Assembly, who thereby was necessitate to use the power **God never put it in their hands, but the Devill, who is the author of all sedition and rebellion.God had put in their hands, for removing all innovations, and setling the purity, p. 388and peace of this Kirke. And seeing in this Proclamation his Majesties declaration is insert ad longum, and the Assembly taxed for not being fully satisfied therewith, we are enforced to repeat here the reasons which moved the Assembly not to think the same satisfactory, in hope that they, comming to his Majesties sacred eares, may procure the continuance of his benigne favour, so acceptable to this Kirke, by the indiction of this Assembly, and production of the said declaration, and obtain his Royall approbation to the whole acts and proceedings of this Assembly, which is heartily wished, and would replenish the hearts of all good subjects with abundant joy and contentment. And first, where his Majestie hath discharged the Service Book, and Book of Canons, and practice of both, and all Acts, Proclamations, and ordinances made for establishing thereof, upon information that by the introduction of them, the subjects have apprehended the inbringing of Popery, & superstition to have beene intended: Neither the discharge nor the ground thereof are satisfactory; Not the first, because as some Acts and Proclamations did serve for their establishing, so others gave them an high approbation, as fit means to maintaine religion and beat down all superstition: And therefore though those which established them be rescinded, yet those which approved them do remaine, and may bring forth other Acts and Proclamations for restoring them or the like hereafter, if these books receive not a publick censure by the generall Assembly as the only judge competent to bar them and the like in all time comming: Seeing Acts of Councell, and Proclamations, are frequent and variable, and yet are no legall valid meane either to introduce or abolish any thing concerning the doctrine and discipline of the Kirke, wherein they neither can meddle nor secure the subjects, Next, seeing by the constitutions of this Kirke **But never without the authoritie of Us and Our Successours.the generall Assembly hath onelyonly power to determine concerning the matters of Gods publick worship; And that the framers of these books, who called themselves the representative Kirk, made them to be practised in sundry places of the countrey by their own authority, and that which they borrowed from ††The confession of faith and band annexed, upon which their covenant is grounded, were injoyned at the first only by the authoritie of Our royall Father and his Councell, and so these Books were commanded by as good Authoritie as those.the Lords of secret Councell: Therefore it was most necessarie that the same should be discharged by the generall Assembly (the onelyonly true representative Kirk of this nation) for vindicating her just right from violent usurpation, and preventing the like in time comming; Not the second, for the subjects have just grounds of perswasion that the Prelats & their followers (the framers & followers of those books) intended the inbringing of Popery and superstition by the introducing thereof, because, 1. Many grosse points of Popery and superstition are not onelyonly closely couched under the cover of ensnaring ambiguities (the most insinuating way of errours and best mask to superstition) but also expresly contained in the Books themselves; as was made manifest by sundry treatises read and considered in the Assembly, and is now so declared by the Assembly. 2. The framers and favourers of these Books in their sermons and conferences have vented sundry Popish errours, and approven Popish p. 389superstitions: which fully detecteth, and leaveth no doubt of their intention, in the introducing of Books so full of Popery and superstition.

Secondly, the discharge of the high Commission by his Majesties Proclamation or Declaration cannot be sufficient; because first, his Majesty declareth that he established the same for the ease and benefit of the Subjects, that justice might be administrate with the more conveniencie and lesse trouble of the people, And now dischargeth it, because the subjects have mistaken his gracious intention: So that if the mistaking be removed, that which is conceived of it selfe to serve for administration of justice, with ease and benefit to the subjects, may bee established upon pretention of the removeall of all such mistakings. Secondly, though the acts and deeds made for establishing thereof bee rescinded, yet the acts past heretofore by the high Commission are not rescinded: And so the subjects censured by it, are still esteemed under these censures, as appeareth by the tenour of the Proclamation, wherein the Assembly is taxed, as consisting of some members that are under the censures of this Kirke, meaning the Bishops censure in the high Commission. Thirdly, it being found contrary to the acts of Parliament, and acts of generall Assembly, and extremely derogatory to them and all other subalterne iudicatories both civill and Ecclesiasticall (which is made clearely manifest by a treatise presented to the generall Assembly,) and it being devised and brought in by the suggestion of Bishops, as a meane whereby they might, and have unlawfully, tyranized over all the subiects, Therefore it is necessary that the Parliament and generall Assembly, the highest civill and Ecclesiasticall iudicatories that have been wronged, should by their severall sentences utterly abolish it as unlawfull and hurtfull.

Thirdly, whereas his Majesty dispenseth with the practice of Pearth Articles, dischargeth all from urging the practice thereof, freeth from censures for not urging or practising them, notwithstanding of any thing contained in the acts of Parliament, or generall Assembly to the contrary, and is content that the Assembly take the same so far to their consideration, as to represent it to the next Parliament there to be ratified as the Estates shall finde fitting: These cannot satisfie; because first, a dispensation with the practice, without a simple discharge, leaveth it still arbitrary to those who will practice, and so continueth the rent and distractions in this Kirke. Secondly, although his Maiestie had discharged the practice of them by his Proclamation or Declaration, yet the subiects had not been put in security thereby, except the generall Assembly (to whose tryall they belong and were referred by all the subscribers of the Confession in March) doe either repell the articles of Perth, or upon good reason declare that Assembly null, since his Maiesties Proclamation or Declaration is not a sufficient warrant to infringe an act of Assembly or Parliament made to the contrary. Thirdly, by tying the Assembly to take the same no further unto their consideration then to represent it to the next Parliament, the Assembly is both prelimitate (whereanent refers to the six reasons against prelimitation p. 390insert in our Protestation September 22.) and weakned in power, **It may not; and the holding of the contrary is a false and Jesuiticall position.as if it might not judge and determine in matters meerely Ecclesiasticall without a licence from his Majestie, or a reference to the Parliament, whereas the generall Assembly is supreme and independent in matters Ecclesiasticall, as the Parlament is in civill; so that when the acts of Assembly are ratified in Parliament, the same is for adioyning the civill sanction to the Ecclesiastick constitution for the great terrour of transgressors.

Fourthly, anent the oaths administrate to Ministers at their entry, it hath not onelyonly beene pretended, but is certaine, and will be made manifest to the Assembly, (which also now is done) that oaths have been exacted different from that which is set downe in the acts of Parliament, and in many severall wayes according to the pleasure of the Prelats: And where his Majestie declares that no other oath shall be required of a Minister at his entry, nor that which is set down in the act of Parliament, **A fearefull proposition in deed it is, to hold Episcopall government to be an uncontroverted government, which hath continued in the Church ever since the time of Christ and his Apostles, without the least suspicion of controversie until within these few yeeres.the same is of fearefull consequence, because the act beares an oath to be given unto the Bishop by Ministers intrants, and so supposeth the office of a Bishop to be unchangeable and uncontroverted, whereby the Assembly is prelimited (against the reasons before mentioned) which may finde that office uselesse and unlawfull in this Kirk, and which now they have found upon most infallible reasons.

Fifthly, that his Maiesty assureth generall Assemblies shall be kept as oft as the affaires of this Kirk shall require, doth not satisfie, because first, by leaving the time undefinite, it preiudgeth the liberty of the Kirke of holding yeerly generall Assemblies at least, and oftner pro re nata: ratified by the act of Parliament 1592. the disuse whereof hath beene a maine cause of our evils, which should bee prevented in time comming, by renewing that ancient necessarie custome and liberty: Secondly, by the same act of Parliament it is provided that the King, or his Commissioner being present, shall appoint the time and place of the next Assembly: And in case his Maiesty or his Commissioner be not present for the time in the towne where the Assembly is holden, it shall be leasome to the said generall Assemblie by themselves to appoint the time and place of the next Assembly, as they have bin in use in times past: But this declaration not only leaves all indefinite but totally everts that power and liberty competent to them by law and custome. Thirdly, As it doth not determine how oft the ordinary effairs of this Kirke require an Assembly (which the custome of this Kirke and act foresaid evidently manifest to bee yeerely once at least) so neither doth it determine who shall judge when the necessity of extraordinary effairs require an Assembly pro re nata: whereas undoubtedly the Kirke will be most sensible of her owne necessities, and is the most proper Judge of her owne effaires: And therefore should have freedome to appoint her owne times when she finds her selfe pressed with present exigencies, as his Maiesty hath also power when hee perceives any necessity requiring the same.

Sixthly, whereas his Maiesty is content that all the present Bishops p. 391and their successours be answerable to, and censurable by the generall Assembly, it doth not satisfie; because, First, it beares a prelimitaon of the Assembly in the matter of trying that Office, and presupposes the continuance thereof by succession as unquestionable. Secondly, They have beene formerly made censurable by the generall Assembly in the straightest way that the Kirke could enjoyn, or they could assure: And yet these thirty yeeres they have shunned all censure (though all their actions deserved it) by procuring generall Assemblies to be prorogate, and then suddenly indicted when they had cunningly prepared both persons and purposes to their minde: Likeas now they have by their Declinator refused to answer, and be censured by this present Assembly indicted by his Majestie, conveened in the name of Christ, and perfitly constitute in the members thereof: And therefore it lyeth upon this present Assembly to take some solide course, for securing the Kirk, in all time comming, against the prejudices of their former and frequent breaches contrary to their oathes given.

Seventhly, whereas his Majestie requireth this present Assembly to subscribe this Confession of Faith formerly signed by his Royall Father 1580. and lately commanded by his Majestie to be subscribed by all his Majesties subjects: The reasons contained in the Protestation September last 22. (whereto we adhere and repeats the same) do sufficiently evidence that we cannot subscribe the same: to which we adde, First, that his Maiesties Commissioner hath declared to the Lords of Session when their subscriptions was required, that it might subsist with the innovations introduced since the yeere of God 1580. which **But they do not declare all the truth; for of twenty Lords of the Session, onelyonly foure did it, but the rest who were present did the contrary.some of the said Lords then did, and all of us doe now conceive to repugne to the genuine and true sense of the Confession of Faith as it was first made: Secondly, That his Grace hath protested divers times in this Assembly, that nothing done or to be done therein prejudge the Archbishops and Bishops in their priviledges, places, power and jurisdiction: whereby the declareth that these may subsist with the Confession of Faith, notwithstanding they be novations introduced upon this Kirke, contrary to the same, since the yeer foresaid, as is now found by the Assembly: Thirdly, That to the Assembly presently conveened and perfectly constitute in the members thereof, it pertaineth properly according to the word of God, constitutions of this Kirke, and booke of Policie, ratified in divers Assemblies, to determine what is the true meaning of the Confession of Faith, and to make the same knowne to all the members of this Kirke, who thereafter without scruple or danger may subscribe the same. And although the Assembly could not finde this Declaration satisfactory for these and the like weighty reasons, yet were they willing the same should be insert in their books for obedience to his Maiesties desire: and thankfully acknowledging his Maiesties pious affection to true Religion, and Royall resolution to defend the same and his subiects in the profession thereof, exprest in the closure of his Royall Declaration, they were confident that when his Maiestie shall bee fully informed that the novations introduced since the p. 392yeere 1580. are incomparable with the Confession of our Faith, he will be pleased graciously to vouchsafe his comfortable protection upon those, who (adhering to the true meaning of that Confession now fully cleared by the Assembly) have abjured all the innovations introduced, and by their great oath and subscription have bound themselves to maintaine the true Religion, and his Majesties person and authority in defence of the same. And thus true Religion being the channell which convoyeth both duties to their proper object, the evidence of Gods image in our dread Soveraigne his Depute shall bee terrible to all the enemies of his Majestie, and of his loyall subjects who stand for the Confession of Faith, and the true meaning thereof, and shall raise up the affections of his Religious subjects towards his Majestie above all earthly respects.

Anent Episcopall government, and the other generall reasons.And where it is subjoyned in the Proclamation that nothing was able to give contentment, except we were permitted to overthrow Episcopal government and to abrogate publicke Lawes standing, and take away one of the three Estates, wee are sufficiently cleared thereof by the Acts of the Assembly, abrogating, and abolishing Episcopall government in this Kirke for**The reasons contained in that Act are infallibly false. infallible reasons contained in the said Act, and also by our answer published to the Declaration emitted in the Commissioners name (which for brevity we forbeare to insert herein) whereby wee have sufficiently evinced that our proceedings are not contrary to the Lawes of the Kingdome, or destructive of any lawfull third Estate, and which part of the Proclamation doth close, with an undeserved imputation to our loyalty, bearing that for the like dangerous Acts so derogatory to Royall authority, and for others reasons importing true Monarchicall government, the Commissioner was forced to dissolve the Assembly; but the same is so generally expressed, that it appeares evidently to be done of plaine purpose to make us hatefull, which we hope will not worke that end, unlesse some speciall Act of disloyalty or malversation could bee specially condescended upon (which undoubtedly had not beene omitted if it had been possible) otherwaies that darke cloud of general termes cannot obfuscate the pure brightnesse of our sincere intentions, unlesse our true representation of grievances, and earnest humble pressing legall redresse thereof at his Majesties hands, may deserve that aspersion in the eyes of these Councellours, who thinke themselves obliged rather in absolute obedience, then a dutifull representation to their Soveraigne of what is just and warrantable; wherein wee appeale to all the world, if either our proceedings, or opinions bee any wayes derogatory to the true power of Monarchicall government or his Majesties authority, which wee are obliged to defend with our lives and fortunes by our Covenant.

Anent his Graces intention to returne.And where in the Proclamation, in that part thereof, anent the Commissioners discharge of the Assembly, is insinuate some expression of his graces willingnesse to returne the next morning to the Assembly, wee declare that wee were most sensible of the benefit of his Graces p. 393presence, and received great contentment by that countenance of Royall authority in representation, whereof we would never have deprived our selves, if we had had the least signification of any such intention: but the truth is, that having called our selves to our best remembrances, we heard no word or expression tending that way; but by the contrary**Most false. we did humbly require his Grace to give in the reasons of his discontentment in writ, and to returne the next day againe, at which time wee should give in sufficient answers thereto which might wipe away all his Graces objections, and move him to continue his wished presence to that Assembly, whereat hee had publickly professed he could no longer assist: but this being refused, and the Assembly discharged by him, we were necessitate to protest both that day and the day following upon the Mercate Crosse of Glasgow, and to shew, that in conscience of our duty to God and his truth, the King and his honour, the Kirke and her liberties, this Kingdome and her peace, this Assembly and her freedome, to our selves and our safety, to our posterity, persons, and estates, we could not dissolve the Assembly for the reasons following: First,Anent our sitting still after the Commissioners discharge. for the reasons already printed anent the conveening a generall Assembly, which are now more strong in this case, seeing the Assembly was already indicted by his Majesties authority, did conveen and is fully constitute in all the members thereof, according to the word of God and discipline of this Kirke, in presence and audience of his Majesties Commissioner, who hath really acknowledged the same by assisting therein seven dayes, and exhibition of his Majesties royall Declaration to be registrate in the books of this Assembly, which accordingly was done. Secondly, for the reasons contained in the former Protestations made in name of the Noblemen, Barons, Burgesses, Ministers, and Commons, wherunto we did then iudicially, and doe now actually adhere, as also unto the Confession of Faith and Covenant subscribed and sworn by the body of this Kingdome. Thirdly, because as we are obliged by the application and explication subioyned necessarily to the Confession of Faith subscribed by us, so the Kings Maiestie, and his Commissioner, and privie Councell, have urged many of this Kingdome to subscribe the Confession of Faith made in anno 1580. and 1590. And so to returne to the doctrine and discipline of this Kirke as it was then professed; but it is cleare by the doctrine and discipline of this Kirk, that it was most unlawfull in the selfe, and preiudiciall to these priviledges, which Christ in his word hath left to his Kirke to dissolve or breake up the Assembly of this Kirke, or to stop and stay their proceedings in constitution of Acts, for the well-farre of the Kirke or execution of discipline against offenders, and so to make it appeare that Religion and Kirke government should depend absolutely upon the pleasure of the Prince. Fourthly, because there is no ground of pretence, either by Act of Assembly, or Parliament, or any preceding practice, whereby the Kings Maiesty may dissolve the generall Assembly of the Kirke of Scotland, farre lesse his Maiesties Commissioner, who by his commission hath power to indict, and keepe it p. 394secundum legem & praxim, but upon the contrary his Maiesties prerogative Royall is declared by Act of Parliament to be no wayes prejudiciall to the priviledges and liberties which God hath granted to the spirituall office-bearers and meetings of this Kirke, which are most frequently ratified in Parliaments, and especially in the last Parliament holden by his Maiestie himselfe; which priviledges and liberties of the Kirk, his Maiestie will never diminish or infringe, being bound to maintaine the same in integrity by solemne oath given at his Royall coronation in this Kingdome. Fifthly, the Assemblies of this Kirke have still enjoyed this freedome of uninterrupted sitting, without or notstanding any contramand, as is evident by all the records thereof, and in speciall by **That Assembly is but one instance and a very reprovable one. The Ministers of the pretended Assembly at Aberdene did the same, and were most severely punished for it.the generall Assembly holden in anno 1582. which being charged with letters of Horning by the Kings Maiestie his Commissioner, and Councell, to stay their proces against M. Robert Montgomerie pretended Bishop of Glasgow, Or otherwaies to dissolve and rise, did notwithstanding shew their liberty and freedome by continuing and sitting still, and without any stay going on in that proces against the said M. Robert, to the finall end thereof, and thereafter by letter to his Majestie did shew clearly, how farre his Majesty had been mis-informed, and upon mis-information prejudged the prerogative of Jesus Christ and the liberties of this Kirke, and did enact and ordaine that none should procure any such warrant or charge under the paine of excommunication. Sixthly, because now to dissolve after so many supplications and complaints, after so many reiterated promises, after our long attendance and expectation, after so many references of processes from Presbyteries, after the publike indiction of the Assembly, and the solemne Fast appointed for the same, and after frequent convention and formall constitution of the Assembly, in all the members thereof and seven daies sitting, were by this Act to offend God contemne the subjects petitions, deceive many of their conceived hopes of redresse of the calamities of the Kirke and Kingdome, multiply the combustions of this Kirk, and make every man despaire hereafter ever to see Religion established, innovations removed, the subiects complaint respected, or the offenders punished with consent of Authority, and so by casting the Kirke and Estate loose and desolate, would abandon both to ruine. Seventhly, it was most necessary to continue this Assembly, for preveening the preiudices which might ensue upon the pretence of two Covenants, whereas indeed there is but one: that first subscribed in 1580. and 1590. being a nationall Covenant and oath to God, which is lately renewed by us, with that necessary explanation which the corruptions introduced since that time contrary to the same, inforced: which is also acknowledged in the Act of Councell in September last, declaring the same to be subscribed as it was meaned the time of the first subscription; and therefore, for removing that shame and all prejudices which may follow upon the shew of two different Covenants and Confessions of Faith in one Nation, the Assembly could not dissolve before it had tryed, found, and determined that both p. 395these Covenants are but one and the selfe same Covenant: The latter renewed by us, agreeing to the true genuine sense and meaning of the first as it was subscribed in anno 1580.

And further in the said Proclamation,Anent our cytation of Councellours. the straine of our Protestation is taxed, because we have thereby presumed to cite those of his Majesties Councell who have procured, subscribed, or ratified this Proclamation, to bee responsall to his Majestie and three Estates of Parliament; whereas the same cannot be justly quarrelled, because it it is grounded upon the Law of the Kingdome, and warranted by the act of Parliament therein cited 12. act. Par. 2. James 4. which act is grounded upon good reason: for it were strange to thinke that Councellours giving bad counsell, to the evident prejudice and ruine of the Countrey, and publick detriment of the good Subjects, should not be countable therefore to his Majestie and his Estates; and it is not without instance in our Lawes, that perverse counsell hath beene given in misguiding the Kings and common good of this Realme, Act 6. Par. 1. James 4. which is also acknowledged by the reduction of grants made by Kings to these perverse Councellours, act 3. Par. 4. and act 5. Par. 1. James 4. The perversenesse of which misguiding counsell, hath been assuredly the cause why in the next Parliament in the yeere immediately subsequent, the Kings Councell was chosen in Parliament, and sworne in presence of the King and three Estates, and ordained to be responsall and accusable to the King and three Estates for their counsell: Which cleareth that both evill counsell may bee given, and that the Councell may be accused before the King and Parliament for malversation in their charge. Like as his Maiestie in the Proclamation, makes all persons lyable to the Parliament and generall Assembly, and so giveth way to this previous cytation, which may serve for a forewarning and intimation that they may bee accused if they bee guilty, as wee know all are not, and wish that none were.

All which heavie objections and imputations are premitted in the Proclamation to the conclusion and command thereof,Anent the injunctions and Proclamation, and our answer thereunto. which resolveth into two heads; the first discharging obedience to the acts of Assembly, and liberating all, who shall disobey, from censure, and promising Protection to the disobeyers, and inhibiting all Presbyteries, Sessions of Kirks, Ministers within this Realme in their Sermons, Sessions, and meetings or any otherwaies, to authorize, approve, or allow the Assembly at Glasgow, or doe any deed which may countenance the same, under paine to be punished with all rigour. And commanding all who shall heare them, to delate the same, under paine of the like punishments; likewaies straitly charging and commanding all Judges within this Realme, Clerks, and Writers, not to grant or passe a bill, summond, or letters, or any other execution whatsoever, upon any act, or deed, proceeding from the said Assembly; and all keepers of the Signet from Signeting thereof, under all highest paine. And the second head, commanding all Subiects to subscribe and sweare the p. 396Confession commanded by his Majestie conforme to the sense and meaning of the declaration published by the Commissioner, whereunto we need not here make any answer, but remits the same to a speciall answer, published in print made to that aaThey should do well to try if they can answer it, and the Queries of Aberdene better; for the common opinion is, that neither of them yet are answered at all.Declaration. But for the first, the same is so farre repugnant to the word of God, practice of the primitive Kirke, the Lawes Civill and Canonicall, the custome of all Nations, the constitutions of our generall Assemblies, acts of Parliament, practice of other judicatories within this Kingdome, to the Confession of Faith and discipline of this Kirke, as we cannot believe any such commandments to proceed from our gracious King, but from the malice and mis-information of our adversaries, the conscience of whose guiltinesse affrighteth them to undergoe their deserved censure, which is bbAll these texts of Scripture are prophaned and abused; for no such thing can either possibly or probably be inferred from them.cleare first, That the same is contrary to the Law of God, from that place of Scripture Mat. 18. wherein the Kirke is commanded absolutely to inflict censures. 1. Cor. 5. wherein the Kirke did execute that commandment. And the Kirks of Pergamus and Thyatira, are reproved for not executing Ecclesiasticall censures against those who held the doctrine of Balaam, or of Jezebel, 2. Rev. So that the power of the keys in Ecclesiasticall censures is so intrinsecally and so essentially competent to the Kirk and generall Assembly jure divino, as obedience to her decreets and executions thereof, cannot be suspended, far lesse taken away and discharged by humane authority, more nor the power of preaching and administration of the Sacraments. Secondly, it is contrary to the practice of the Apostolike and Primitive Kirks, whose constant practice was to execute the spirituall functions and censures; and, notwithstanding humane prohibitions, to obey God rather then man. Thirdly, It is contrary to the civill Law, si contra jus vel utilitatem publicam, vel per mendacium fuerit aliquid postulatum vel impetratum ab Imperatore. Et titulo de diversis rescriptis & pragmaticis sanctionibus. Fourthly, the same is contrary to the **It is well that they will cite the Pope his Law whom they call Antichrist; for when any thing is objected against them out of the Canon Law, it is usuall with them to reject that as Popish and Anti-christian.Cannon Law decret. decretal. extravagan. titulo de rescriptis. Fifthly, it is contrary to the universall custome in all Nations ordaining their Judicatories to doe justice, notwithstanding their Princes prohibition, as is cleare by Convarnvia in Spaine, Pappon in France, Suedwyne in Germanie, &c. upon the title de rescriptis aut constitutionibus principum. Sixthly, to the constitutions of generall Assemblies, because in sundry generall Assemblies upon complaints made that the Kings Majestie and his Councell by their letters offered some stop to the Kirk from going on in her Ecclesiasticall censures, especially by act of the generall Assembly conveened in the new Colledge of Sanctandrows 20. April 1582. it is ordained that none being received to any Ecclesiastical function, office, or benefice, seek any way by the civill power to exeeme and withdraw themselves from the jurisdiction of the Kirk, or procure, obtain, or use any letters, or charges, either by themselves, or any other in their name, or at their command and instance, to impaire, hurt, or stay the said jurisdiction, discipline, correction of manners, or punishment of their offences & enormities, or to make any appellation from the general Assembly, to stop the p. 397discipline, and order of the Ecclesiasticall policie, and jurisdiction granted by Gods Word to the office-bearers within the said Kirk, under the paine of excommunication summarily, without any processe, or admonition to be pronounced by the judgement of the Eldership, by the Minister, or Ministers which shall be appointed by them, how soon it is known that any of the saids heads are transgressed; Likeas both the Kings Majestie and his Councell promised that none thereafter should have that cause to complaine, as is manifest by the Act of Assembly at Montrose in July 1597. And in the Assembly holden at Saint Andrews, 24. April 1582. being charged with Letters of Horning not to proceed against Master Robert Montgomrie,; the Assemblie did write to his Majestie that this discharge was extraordinary, as a thing that was never heard nor seen since the world began, and was directly against the word of God; and Lawes of the Kingdome. And yet notwithstanding of the said charge the Assembly did proceed and excommunicate the said Master Robert. Further, In the Assembly at Edinburgh, the 27. of June 1582. Sess. 7. amongst the grievances presented by the Kirk to the King, The first is, That his Majestie by device of some Councellours is moved to take upon Him that spirituall power and authority which properly belongeth to Christ as only King and Head of his Kirk, the Ministerie and execution whereof is only given to such as bear office in the Ecclesiasticall government of the same; so that in his Majesties person some men prease to erect a ††Nay, but the pretended Assembly hath erected a Popedome, and for their authority goe upon the same grounds, and use the very same arguments, and abuse the very same places of Scripture which the Pope and the learnedst Patrons of the Pope doe for robbing of Princes of their Authority over all Ecclesiasticall persons, and causes in their severall Dominions: The words which next follow are meere babling.Popedome, as though his Majestie could not be full King and Head of this Common wealth, unlesse alswell the spirituall as temporall sword be put in his Majesties hands, unlesse Christ be rest of his authority, and the two jurisdictions confounded, which God hath divided, which directly tends to the wrack and overthrow of all true Religion, &c. And in the Assembly holden at Edinburgh in Octob. 1582. Sess. 15. Summonds are direct by the generall Assembly against the Kings Advocate, for drawing up the Kings Proclamation of that straine. 7. The foresaid command is also contrary to the Acts of Parliament: because as the Acts of Parliament appoint every matter for its owne Judicatorie, and to all Judicatories their own freedome, so much more doth this liberty belong to the nationall Assembly, being the supreme Judicatorie Ecclesiastick of this Kirk, and onelyonly competent Judge in matters so important, and so nearly concerning Gods honour and worship immediatly, the salvation of the peoples soules, the setling of the purity of Gods worship, the purging away the corruptions thereof, and right constitutions of the Kirk, whose liberties and priviledges are confirmed, Parl. 12. King James 6. and Parl. 1. King Charles. Likeas by the 12. Par. 114. Act K. James 6. ann. 1592. the libertie and discipline of the Kirk, especially in her Presbyteries and Assemblies, are fully and firmly ratified, with declaration that the Act of the Kings Majesties prerogative Royall over all Estates and persons, shall no wayes be prejudiciall to the priviledges which God hath given to the spirituall office-bearers in the Kirk, concerning heads of Religion, matters of heresie, p. 398excommunication, collation, and deprivation of Ministers, or any such like essentiall censures, especially grounded and having warrant of the word of God, with full power even to the particular Presbyteries to put order to all matters and causes Ecclesiasticall within their bounds, according to the Discipline of the Kirk. 8. The Lords of Councell and Session by Act 92. Parl. 6. King James 6. are ordained to proceed in all civill causes intended or depending before them, or to be intended, and to cause execute their Decrees, notwithstanding any private writing, charge, or command from the Kings Maiestie, or His Councell in the contrarie, and by the 47. Act, 11. Parl. King James 6. all licences and supersederees purchas'd from his Maiestie, are discharged as contempt done to the Law, as great hurt to the lieges, and contrarie to iustice, and declareth the same to bee null of the Law, and not admissibly by any iudge, nor effectuall to the purchaser any wayes, and ordaineth all Judges within this Realme to proceed and do justice, siclike and in the same manner as if the said supersederees and licences never had beene purchased nor produced. Like as by the 106. Act Parl. King James 6. all licences granted by his Majestie to hinder the execution of Acts against Papists and other adversaries of the true Religion are discharged and declared to be of no force. According to which it hath beene the ordinarie custome both in Civill and Ecclesiasticall Judicatories (notwithstanding of privie warrants or prohibitions contrarie to Law which commonly are impetrate from his Majestie upon misinformation) to proceed and minister justice. 9. To discharge obedience to the Acts of the Assemblie, stop the execution thereof, protect and defend such as are delinquents and under the Kirks censure, doth directly repugne to the large Confession of Faith of this Kirk. Wherein cap. 19. the third mark of the true Kirk is affirmed to bee upright, ministration of Ecclesiasticall Discipline, as Gods word prescribes, for establishing good order and repressing of vice: and so no more can bee impeded nor justly taken from the Kirk then any of her other two marks viz. The right preaching of the word and ministration of the Sacrament: And therefore in the Oath at the Kings Coronation, he sweareth to maintaine this Confession, and these three marks of the Kirke, and particularly that hee shall be carefull to root out of his Empire all Hereticks and enemies to the worship of God, that shall be convict by the true Kirk of God of the foresaids crimes. 10. In the short Confession of Faith sworne, 1580. and 1590. and renewed by the greatest and **By the greatest, but the worst part of the Kingdome.best part of this Kirk and Kingdome, with an explication renewed also at his Maiesties command by his Councell, all are bound to continue in obedience of the Doctrine and Discipline of the Kirke and defend the same according to their vocation and power. So that seeing this generall Assemblie hath proceeded in their Constitution, Acts, and whole proceedings according to the Discipline of this Kirk of Scotland 1580. and 1590. contained in the second book of Discipline: which in both these yeares were ordained to bee registrate and sworn to by all the Ministers of this Kirk, as the Discipline thereof, and p. 399wherein the Civill and Ecclesiasticall jurisdiction are so clearly distinguished in the 1. c. l. 2. as the power of the sword may no wayes stop or impede the power of the keyes: and in the 7. c. the Eldership and Assemblies hath power to execute Ecclesiasticall punishment upon all transgressours and proud contemners of the Kirk: and in the 10. c. the office of the Christian Magistrate is described to assist and maintaine the Discipline of the Kirk, and punish those civilly who will not obey the censures thereof, without confounding alwayes the one jurisdiction with the other: and this order of Ecclesiasticall Discipline, condescended upon in generall Assemblies, as warranted by divine authoritie to be execute notwithstanding any humane inhibition, is set downe before the Psalmes in meeter: and therefore we can never expect that his Majestie, who out of his pious inclination to justice by a late Proclamation 22. September last hath declared and ordained that all His subjects both Ecclesiasticall and Civill shall be lyable to the tryall and censure of generall Assemblie or any other Judicatorie competent, will now stay the execution of the **The sentences of this pretended Assembly were most unlawfull, light, and mad sentences.lawfull and grave sentences of this nationall Kirk, so comfortable to us, and so necessarie for maintaining the puritie of Religion: which his Majestie in the end of the Articles before mentioned hath promised to defend, and His subjects in the profession thereof, which is incompatible with the defence of excommunicate and obstinate persons. But therefore wee are assured that his gracious Majestie will be pleased to allow that reverence and all readie obedience may bee deferred to the whole Acts, Constitutions, and censures of the said generall Assemblie, by all His subiects, who undoubtedly and necessarily are obliged to obedience of all the lawfull commands and injunctions of the mother Kirk if they would bee accounted members or sonnes thereof.

By all which **It seemes indeed that these reasons are wrapped up in a cloud, for both they are so dark as they cannot be discerned, and they doe portend a storme, but have no weight in them at all.cloud of weightie reasons the warrantablenesse of our just proceedings doth evidently appeare, notwithstanding of all the arguments of challenge adduced against us in the said Proclamation: And therefore for these and many other reasons, Wee the members of this Assemblie, in our owne names, and in the name of the Kirk of Scotland whom we represent, And we Noble-men, Barons, Gentle-men, Ministers, Burgesses, and Commons, before mentioned, do solemnely declare in the presence of the everliving God, and before all men; and protest aaThese particular Protestations are the very same formerly made by them, and so often repeated even unto tediousnesse; and therefore the Reader needeth not to be troubled any more with them.That our thoughts are not guiltie of any thing which is not incumbent to us, as good Christians towards God, and loyall Subiects towards our sacred Soveraigne: And we attest God the Searcher of all hearts, that our intentions and whole proceedings in this present Assemblie have beene and shall continue according to the word of God, the Lawes and constitutions of this Kirk, the Confession of Faith, our nationall Oath, and that measure of light, which God the Father of light hath granted unto us, and that in the sinceritie of our hearts, without any preoccupation or passion.

2That it was and is most lawfull and necessarie for us to fit still p. 400and continue in keeping this present Assemblie indicted by his Majestie, untill after conclusion of all matters it bee dissolved by common consent of all the members thereof, and that for trying judging and censuring all the by-gone evils, and the introductors, and providing a solide course of the continuance of Gods truth in this land with puritie and libertie, according to his word, our Oath and Confession of Faith, and the lawfull constitutions of this Kirk.

3That this Assemblie is and should bee esteemed and obeyed as a most lawfull, full and free generall Assemblie of this Kingdome, And that all Acts, sentences, constitutions, censures, and proceedings of this Assemblie (whereof the generall and principall Acts are to bee published,) are in the selfe, and should bee reputed, obeyed, and observed, by all the subjects of this Kingdome, and members of this Kirke, as the Acts, sentences, constitutions, censures and proceedings of a full and free generall Assemblie of this Kirke of Scotland: And to have all readie execution, under the Ecclesiasticall paines contained or to bee contained therein, and conforme thereto in all points, and such like, that whosoever presumeth to utter any undutifull speech against the same, may be duly censured and condignly punished.

4We protest that all and everie member of this reformed Kirk efoldly and faithfully joyne and concurre in their severall callings and stations, to advance further and assist the execution and obedience of the whole Acts of this Assemblie, by all meanes which their abilitie can afford, as they affect the advancement of Gods glorie and the work of reformation in this land.

5We protest against all the challenges and aspersions laid upon us in the said Proclamation, and that our whole answers are not onelyonly true in everie point, but likewise sufficiently forcible to deliver us from all unjust imputations, and to justifie the lawfulnesse and necessitie of our whole proceedings and carriage, which hath beene so unreasonably blamed. Likeas by these presents we summond and cyte all those of his Majesties Councell, or any other, who have procured, consented, subscribed, or ratified this present Proclamation, to bee responsable to his Majestie and three Estates of Parliament, for their counsell given in this matter, so highly importing his Majestie, and the whole Realme; conforme to the 12. Act. Parl. 2. King James 4. And protest for remead of Law against them and everie one of them.

6We protest that it is, and may be lawfull unto us to defend and maintaine the Religion, Lawes, and Liberties of this Kingdome, the Kings authoritie in defence thereof, and everie one of us another in that cause, according to our power, vocation, and Covenant, with our best counsell, bodies, lives, meanes, and whole strength, against all persons whomsoever; and against all externall, and internall invasions, and that in the obedience and observance of the Acts of this Assemblie and nationall mother Kirk.

p. 4017That whatsoever inconvenients shall fall out by impeding, molesting, or staying the observance and obedience due to the Acts, Ordinances and Conclusions of this Assemblie, or execution to follow thereupon, that the same be not imputed unto us, or any of us in our lawfull defence and maintenance thereof, who most ardently desired the concurrence of his Majesties Commissioner to this lawfull Assemblie, and do yet still with humble vehemencie beg his Majesties gracious approbation thereunto, but on the contrarie that the Prelats and their adherents, who have protested, and declined this present Assemblie, in conscience of their owne guiltinesse, not daring abide to any legall tryall, and by their misinformation did move the Commissioner his Grace to depart and discharge this Assemblie, be esteemed, repute and holden (as they truly are) the disturbers of the peace, and overthrowers of the liberties of the Kirke, and guiltie of all the evils which shall follow hereupon, and condignly censured according to the greatnesse of their faults and Acts of the Kirke and Realme.

8Wee protest that none hereafter subscribe the Covenant formerly subscribed by the Commissioner his Grace in Councell, as they will eschew the danger of a contradictorie Oath, but that all & everie one subscribe the Covenant renewed in Februarie last, And that with this sense, meaning, and condition, that they subscribe the same conforme to the determination and declaration of this Assemblie at Glasgow allanerly.

9We protest that as we adhere till all former Protestations and every one of them made in the name of the Noblemen, Barons, Gentlemen, Ministers, and Commons respectivè for the time, So wee may have his Majesties royall approbation to this present Assemblie, whole Acts and constitutions thereof, and all our proceedings and behaviour in this businesse, which wee assuredly expect from his Majesties imbred pietie, justice, and bountie, notwithstanding the sinistrous, untrue informations, whispered in his Royall yeares in the contrarie.

Upon all which Premises and Protestation foresaid (which is the same with the former made by us at Glasgow, the 29. of November last, but so farre differing as was necessarie for answer to the new additions contained in this Proclamation; and clearing us of the aspersions wherewith we are changed therein, which we might lawfully do, having protested for this libertie in respect of our surprisall) one certaine number of all qualities and ranks for themselves, and in name foresaid, asked instruments. This was done in presence of a great confluence of people upon the mercate crosse of Edinburgh the 18. day of December.

FINIS.

Revised, according to the ordinance of the generall Assemblie, by me Master Archibald Jhonston Clerk thereto. At Edinburgh 8. Jan. 1639.

p. 402NOt long after this Our Proclamation and their Protestation, Our Commissioner (seeing all things tending to a present rupture) begun his journie according to the leave which We had granted him for his returne: After which time, and ever since, they have throughout the whole Kingdome by threatnings made the Acts of their unlawfull Assembly to be received, in many places have perswaded the reception of them by force and armes, have levied souldiers, and imposed taxes upon Our subjects for payment of them, have required of Our Judges or Lords of the Session to approve their Acts, though none of them consented to it, have threatned and menaced them for refusing of it, have raised divers fortifications in Our Kingdome, have blocked up Our Castles and Forts, and now at last forcibly taken Our Castle of Edinburgh, have at home got their Preachers most seditiously and rebelliously to teach Our people, that there is a necessitie of their carrying armes against Us, under paine of perjurie and damnation, have scattered abroad, especially here in England, divers infamous Libels justifying their own wicked and rebellious courses, inciting Our people here to attempt the like rebellion, and to deface Our Ecclesiasticall government.

When the contrivers of that wicked Covenant first framed and devised it, and perswaded others who were well perswaded of their pietie, to enter into it, We dare appeale even to their owne consciences whether they did ever make the seduced people acquainted with their intentions of abolishing Episcopall government, & introducing of lay-Elders▪ which are the onelyonly two things they make the seduced people beleeve they now stand upon: And We do wonder there should be any man found in the world, who can hold it a sufficient warrant for Our subjects to take armes against Us their lawfull Soveraign, because We will not give them leave to abolish some things which stand fully established by Our Lawes and Acts of Parliament of that Kingdome, and to introduce other things which are interdicted and prohibited p. 403by the same: But much more have We reason to thinke Our subjects did them no whit beleeve that (though We should relieve all their grievances, just or pretended, as now We have done) they should yet be forced to acts of rebellion, and carrying of armes against Us, as now they are. But such hath ever been the constant course of the Heads of all rebellions, to ingage their followers by degrees, to conceale from them their maine and wicked ends, which being at the first discovered, would be abhorred and detested, untill they have gone on so farre in following their Leaders, as afterward they are easily perswaded by them, that there is no hope of pardon left, and so nothing but danger, if they shall offer to retreat: The very same course hath been held in this rebellion for seducing of Our subjects of that Kingdome. The specious pretence used by the contrivers of the Covenant to the people was Religion, but that which was intended by them was a Rebellion, grounded upon the discontents of some few: And the very meanes whereby they have fomented their factious waies, and kept up in Our people a beliefe that they intended onelyonly Religion as they pretended, have been the very same which have been usually practised by other discontented mutiners. But yet We find, that the principall meanes used to foment this Rebellion by the Heads of it, have been these three.

First, the seditious prayers and sermons of some Preachers 1suborned by them for that purpose, who made the people still beleeve, that all they said was Gospel, and they crying up in their Pulpits that Covenant, and most bitterly exclaiming against all opposers of it with the most vile and reproachfull termes they could devise, wrought the people to an incredible good opinion of all that favoured the Covenant, and a bad one of all those who opposed it: So that such things were delivered in their Pulpits, as cannot be related without both shame and horrour. One of them upon Our Commissioners comming home, prayed God to deliver them from all crafty compositions. Another refused to pray in the Church for Sir William Nesbett late Provost of Edinburgh, when hee p. 404was lying upon his death-bed, onelyonly because he had not subscribed the Covenant. Another prayed God to scatter them all in Israel, and to divide them in Jacob, who had counselled Us to require the Confession of faith to bee subscribed by Our authoritie. Many Ministers would not admit to the Communion those who had not subscribed their Covenant, but in their exhortation before it, barred them in expresse termes with adulterers, slanderers, and blasphemers, &c. Others would not suffer children to bee baptized in the Churches of those Ministers who were not of the Covenant, though they were their owne Parish Churches, but carried them sometimes many miles to be baptized by Covenanting-Ministers. One preached, That all the Non-subscribers of the Covenant were Atheists; and so concluded, That all the Lords of Our Councell, and all the Lords of Our Session were such: for none of them had subscribed it. Another preached, That as the wrath of God never was diverted from his people, untill the seven sonnes of Saul were hanged up before the Lord in Gibeon; so the wrath of God would never depart from that Kingdome, till the twice seven Prelates (which makes up the number of the Bishops in that Kingdome) were hanged up before the Lord there; which is extreme, foule and barbarous. Another preached, That though there were never so many Acts of Parliament against the Covenant, yet it ought to be maintained against them all. Another delivered these words in his Sermon: Let us never give over till we have the King in our power, and then He shall see how good subjects we are. Another in his Sermon delivered this, That the bloudiest and sharpest warre was rather to be endured then the least errour in doctrine or discipline. Another in his Sermon wished, That hee and all the Bishops in that Kingdome were in a bottomlesse boat at sea together; for he could bee well content to lose his life, so they might lose theirs. Thousands more such beastly, barbarous and profane speeches were delivered by them, not onelyonly in their Pulpits, but in their Sermons: For the Reader must know, that in these times of tumult, where the Churches were not able to containe p. 405the great multitudes, they did usually preach in common and profane places, in roomes which are yet in building, and not finished (intended for Lawyers to plead in) in the Halls of the Taylors, and other mechanicall tradesmen of Edinburgh, in some private houses, in the Hall of the Colledge of Edinburgh, where one Sunday Rollock being to preach, but finding the crowds of people to be too great for that place, mounted upon the top of a paire of staires which went up to an upper ground, in an open place which was onelyonly covered by the heavens, and from thence preached to a great troupe or multitude, whose breath is the onelyonly aire hee desireth to live in, being shot quite through the head with popularitie. Others preached in the free-Schoole at Edinburgh, where boyes use to play and bee punished. If these speeches, and many as bad or worse then these, and delivered in such places, be fit to perswade the people that their Covenant comes from God, the Reader may easily discerne.

The second meanes which they used for blind-folding the eyes of the people, were, their many false reports, which both 2in their Pulpits and out of their Pulpits they vented amongst the people, which their Leaders knew in their owne consciences to be most false. They gave it out, that We intended to bring in Poperie in all Our Kingdomes, or at least a toleration of it. It was preached that the Service Book was framed at Rome, and brought over by a country-man of theirs; when they doe know that every Papist by the Popes Bull is prohibited to heare the Service Booke read. Others preached that all England was of their opinion and judgement, and that they had good intelligence from hence, that no man would adhere to Us against them. Another preached that no man would have protested against the generall Assembly but for money, and that none had protested but they who had received some, when they did know that many had protested who had received none. It is true indeed, that some poore Ministers being thrust out of their Benefices by them for adhering to Us, were petitioners to Our Commissioner for relieving the necessities of them and their families; some of p. 406those who were most necessitated, he did a little relieve; but some of that number were none of the protesters, and many who were protesters were none of that number. It was preached ordinarily in their Pulpits, that neither We nor Our Commissioner in Our name did ever intend to hold the generall Assembly, or if We did hold it, did never intend to performe any thing which We had promised in Our gracious Declaration; though they now know that We have performed both. Within these few daies some desired the people publiquely in their Pulpits to give thankes to God for that overthrow which the Hollanders had given to the Spanish Fleet before Dunkirke; assuring their auditours that it was no lesse to be celebrated by them, then their deliverance from the Spanish Invasion in 88. because all that Fleet was prepared at Our charge, for their ruine and subversion: Besides many thousands more such reports and counterfeited letters scattered by them, of which some no doubt were devised by themselves, whereby they kept Our people in that ignorance in which at the very first they had resolved to involve them. Now what a fearfull and terrible thing is it for men in the house of God, and in those places of these houses of God which they call the chaires of truth, to deliver such things as either they doe not know to be true, or doe know to be false? Besides these dictates of the Ministers, the lay-Elders, since they came to thinke themselves Ecclesiasticall persons (for so now they doe, and will not be called lay, but ruling-Elders) they have found new inspirations, and delivered doctrines as like their Divines as may be: one of them We cannot chuse but rehearse. An ancient Knight and a lay-Elder intruded himselfe and his fellowes upon a Presbyterie for chusing the Ministers Commissioners for the Assembly; and the Ministers of that Presbyterie not being able to keep them out, though they earnestly desired it, fell to intreat these lay-Elders, that if they would needs intrude themselves in their election, they would have a speciall care to chuse the ablest Ministers, and who were most inclined to moderation and peaceable courses, because the Church at p. 407this time stood in great need of such Commissioners: The old Knight in great zeale replyed, That whosoever at this time gave his voice to a moderate or peaceable minded Minister, hee was a betrayer of Christ and his cause; because these times required no luke-warme Commissioners: which barbarous and unchristian speech of his being related by way of complaint to the Tables at Edinburgh, was so far from being censured, as it was approved for a high and heroicall ejaculation.

3The third meanes whereby they have perverted Our people, and continued them in their disobedience to Us and Our Lawes, have been their strange and damnable positions, whereby they have impoysoned Our subjects; some whereof We shall now declare unto you.

1First, What subjects doe of their owne heads is much better then what they doe in obedience to Authoritie; the one savouring of constraint, but the other being voluntarie and cheerfull obedience. This proposition is delivered in their Protestation, bearing date the 22. of September, 1638. made against Our gracious Declaration; it is in their fifth reason against the subscription to the Confession of faith urged by Us.

2A second, The Parliaments power doth no more reach to the placing of Officers originally in the Church, then the Church hath power to make States-men in the Common-wealth. This position is in their answer to Our Commissioners Declaration, concerning Our sense and meaning, in commanding the Confession of faith to bee subscribed: Where they have added the word Originally onelyonly to puzzle the Reader: For certainly their meaning must bee, That the Parliament hath no power for confirming of Officers placed in the Church by the Church it selfe; for no Act of Parliament in that Kingdome doth make any Officers in the Church originally, but onelyonly ratifieth and confirmeth such as were established by the Church in her generall Assemblies.

3A third position is this: The Parliament can make no law p. 408at all concerning the Church, but onelyonly ratifie what the Church decreeth: and after it hath ratified it, yet if the Assembly of the Church shall prohibit it, and repeale that decree of the Church, all the subjects are discharged from yeelding obedience to the Act of Parliament, which either made any such law, or ratified any such decree of the Church. This position they deliver in their answer to the 5. reasons in the said Declaration; and would be well weighed.

4A fourth position is this: The Assembly hath power to discharge all subscription to the confession of faith commanded to be subscribed by Us, and as it is interpreted by Us or Our Commissioner; so leaving Us no power at all in Ecclesiasticall causes, which all Reformed Churches give their Princes, according to Gods Law. This position is in the same place in their conclusion of their answers to the five reasons.

5A fifth position is this: The Assembly without Us is the Church, and the onelyonly Judge competent fit to interpret and explaine all doubts arising upon the confession of faith commanded by Us; which they put in practice, by explicating Our confession of faith against Our owne meaning, and after We had dissolved the assembly. This position is set downe in the beginning of their conclusion after their answers to the five reasons.

6A sixth position is this: Though the Law be interpreted, yet if it be interpreted in a sense disliked by most of the Kingdome, the body of the Kingdome, for whose good the Law was made, may crave the lawfull redresse of the grievances sustained by that Law. This position is in the fifth of their ten Articles propounded before the indiction of the assembly. A strange position, that they shall crave redresse of a Law, and before a Parliament which onelyonly can redresse it; and though they call it a craving to redresse it, yet they meane an actuall redressing of it: for they (before a Parliament was at this time indicted) have actually done many things against Acts of Parliament, and stand upon their justification that they may lawfully doe so.

p. 4097The seventh position is this: The Assembly is independant, either from King or Parliament in matters Ecclesiasticall. This position is in their Protestation against Our Proclamation of the 18. of December 1638. in their third reason against Our gracious offers delivered into the Assembly by Our Commissioner; and is a position delivered not onelyonly in the sense, but in the very words of the Jesuites. The other positions following, generally dispersed throughout their Protestations and Pamphlets, are so obvious to any one who hath read them, as the particular cytation of them may bee forborne; such as are these following.

8An eight position is: That in all matters determined in an assembly, We are to receive them as the son of the Church, and have no further interest in them, though they be not matters of faith but matters of government, and those concluded by them against Acts of Parliament established by Us and Our three Estates; nay, though they concerne secular businesse, as making of Salt, and fishing for Salmons on Sundaies, changing of Markets from one day in the weeke to another, and such like: for in their late pretended Assembly they have determined of many such things, as doth appeare by the Index of their Acts. They will not find many Papists who have said so much for the Church of Rome, nor any Jesuites which have said more.

9A ninth position is this: It is lawfull for subjects to make a Covenant and combination without the King, and to enter into a band of mutuall defence against the King and all persons whatsoever, though by two Acts of Parliament before cyted, all such persons as shall be found either contrivers of, or adherers to any such league, are punishable with death.

10A tenth position is this: That it is lawfull for themselves sitting in an assembly, to indict a new assembly without Our consent, as they have now indicted a new assembly to bee held in July next; or out of the assembly when they please, as they professed that now they would have done, if We had p. 410not indicted one, though this be directly and expresly against two Acts of Parliament before cyted.

11An eleventh position is this: If subjects bee called before Us and Our Councell for any misdemeanour, if they who are called doe any way conceive that the matter for which they are called, doth concerne the glory of God, or the good of the Church (and a wonder it is if any cause can be found which doth not concerne one of these two) then they may appeale from Us and Our Councell to the next generall Assembly and Parliament; and in the meane time, before these appeales be either heard or discussed, they may disobey Us and Our Councell, although by an Act of Parliament before cyted, it is expresly made treason: and the Ministers who appealed from Our Royall Father and his Councell, were upon that Act arraigned and found guilty of treason.

12The twelfth position is this: That when We are intreated to indict a generall Assembly, it is not that there is any need of Our indiction, but rather to doe Us honour, and to beget some countenance to their proceedings; alledging that the power of indiction is in Us but cumulativè, not privativè, which if We shall refuse, then that power is suppletivè in the collective bodie of the people, as it is alwaies (say they) in all other cases, if the Prince shall either neglect or refuse to doe his dutie: Nor are they ashamed to averre, that all Soveraigne authoritie was originally in the collective bodie of the people, by them conferred with their owne consent upon the Prince; and therefore, if the Prince shall omit to doe his dutie, he either falls from his right, or his right is interrupted, untill he returne to his dutie: but that in the meane time the Soveraigne right and authoritie doth returne to, and remaine with the people, from whom it was at the first derived upon the Prince: A prettie matter it were if Princes Crownes and Soveraignties should depend upon such notionall and pedanticall distinctions, and wonder it is that these men who professe themselves to be the greatest enemies to Poperie in all the World, should borrow the very words and termes of p. 411this ridiculous distinction from the Jesuites; which distinction, if it had ever been used in those primitive and purest Councels of the Church; all of which were onelyonly called by the Emperours, and in which all matters were ordered and disposed by their Presidents and Deputies, it would have made those Emperours out of love with the Councels and Assemblies of the Church: But they were never robbed of that speciall prerogative of their Crowne untill the Bishops of Rome by their tyrannie and usurpation, and by animating and arming their owne subjects against them, dispossessed them of it: And now We and Our Successors being repossessed of it againe by the Lawes of that Our Kingdome, and the usurpation of the Pope, in that very particular, being by many of Our Acts of Parliament excluded, wonder it is to see these men take upon themselves that usurped and cashiered Papall authoritie.

13The thirteenth position is this: If We or Our Commissioner sitting in Assembly shall denie Our voice to any thing, which to Us appeareth to bee unjust and repugnant to Our Lawes, yet if that shall be concluded by most voices of the Assembly, that then We are bound jure divino to see all these conclusions made in despight of Us, obeyed by all Our subjects, and by Our authoritie to inforce obedience to these Acts; and if Our Councellers or Judges shall refuse to do the like, then they shall be lyable to the sentence of Excommunication, and so be deprived not onelyonly of their places, but of their estates: A position to which We suppose they will never gaine the consent of Princes, or Magistrates put in authoritie under them.

14A fourteenth position is this: An Assembly may abrogate Acts of Parliament, and discharge Our subjects from obedience to them, if they any way reflect upon businesse of the Church; which We wonder that the Nobilitie, Gentrie, and Burrowes can endure: for as it doth derogate principally from Our authoritie, so doth it proportionably from theirs when they are assembled in Parliament: and indeed it is to be wondred at, how any man that is acquainted with p. 412government can endure it: for it destroyeth not onelyonly the nature, but the very name of the high Court of Parliament; for how can that be called the Highest Court of the Kingdome, if a generall assembly may rescind the acts of it? And that power which may repeale one act of it may repeale more, nay all acts of it, when it shall bee pleased to exercise that power, and say it is in order to the glory of God and the good of his Church.

15A fifteenth position is this: The Protestation of subjects against Lawes established, whether it be made coram Judice, or non Judice, before the Judges of the people, or the people themselves who are borne to be judged, doth void all obedience to these Lawes, and dischargeth all the protesters from any obligation to live under them, before ever these Protestations and the validitie of them shall come to be discussed before the competent Judges of them; nay, although they bee repelled by the Judges before whom they are made: all which (since these troubles begun in that Kingdome) have been usually practised by the Covenanters, who having sometimes made Protestations against Our Lawes before Our Councell, sometimes before Our Commissioner, sometimes before the Lords of Our Session who repelled them all, then they made them before the people their owne associates in the publique Market-places, and by that meanes held these Protestations sufficiently admitted, and themselves discharged from obedience to all these Lawes against which they protested, alledging (perhaps) that they were unjustly and unduely enacted: which course, if it may be allowed in any Common-wealth, and that Protestations before they be discussed, may discharge subjects from obedience to Lawes, what subject will yeeld obedience to any Law, by which he findeth himselfe pressed or inconvenienced, when the remedie of a Protestation, whether admitted or not admitted, is so readie at hand?

16A sixteenth and last position is this; which indeed is the worst of all: for it is both the mother and nurse of all the rest, and is such a shamefull one, that they have not printed p. 413it in terminis; but it followeth by an unavoidable consequence upon many of their printed positions, as all of them doe follow upon, and flow from it: And the practice of it is so current with them, as it appeareth almost in every one of their particular actions; And it is thus: A number of men, being the greater part of the Kingdome, because they are the greater, (and in that sense (say they) the more considerable part) may doe any thing which they themselves doe conceive to be conduceable to the glory of God, and the good of the Church, notwithstanding of any lawes standing in force to the contrarie; and that this greater part, especially met in a representative assembly, may, without the authoritie of Us, against the expresse commandement of Us and Our Councell, and Our Judges declaration of it to be against the lawes of Our Kingdome, chuse some few Noblemen, Gentlemen, Ministers and Burgesses, who, under the name of Committees or Commissioners from the generall assembly, to bee chosen from assembly to assembly, shall sit and determine of things concerning the Church and State, as if there were neither King, Councell, nor Judge in the land. They complaine of a High Commission erected by Us and Our authoritie, but whether this be not a higher Commission then that, We leave it to every impartiall judgement.

They answer for themselves onelyonly this, That they doe it as being put in authoritie by the generall assembly, which is (say they) a Court independent from Us, and therefore may erect what Court it will without Us, and may appoint what Commissioners it will to sit for that Court, so they meddle with nothing but Ecclesiasticall businesse: But let the Reader consider how many wicked and insufferable absurdities this their answer carrieth along with it.

1First, By what authoritie did they doe the same things which they now doe, before the assembly was indicted? They could not bee then Commissioners from the generall assembly.

2Next, Who gave the generall assembly power to erect any p. 414such Table of Commissioners? They found themselves aggrieved with the high Cōmission established by Us, upon this ground, that there was no such Court established either by acts of generall assembly or Parliament: And now Wee desire them to shew any act of Parliament giving the assembly power to erect any such Table of Commissioners.

3Thirdly, in the erection of this Table, they out-doe any thing which yet hath been either said or done by the Jesuites in defence of the Churches authoritie, and the authoritie of her visible Head over Kings and Princes: for they did never yet affirme, that the Ecclesiasticall authoritie could bee exercised but by Ecclesiasticall persons: but these men doe hold, that Noblemen, Gentlemen, and Burgesses may execute this authoritie: But they say, they doe not exercise it as any such lay-men, but as ruling-Elders, and so in the capacitie of Ecclesiasticall persons; But can there any childe be found who will not laugh at this, if ever he have heard but the common names of Church-men and Lay-men? Can these two be confounded? Can the calling of a man by the name of an Elder make him an Ecclesiasticall person, if by his place and calling hee is never to discharge any office of a Church-man? They have declared it to be unlawfull for Bishops to have voices in Parliament, Councell, or any secular Judicatorie, because these places are incompatible with the places of Ecclesiasticall persons: And shall not lay-persons be as incapable at least to meddle with Divine and Ecclesiasticall businesses? Or if they shall, then let these Ecclesiasticall Elders renounce their places in Parliament and other secular Courts of justice, and become ruling-Elders onelyonly.

4Fourthly, they alledge that they meddle onelyonly in Ecclesiasticall causes; Although it bee unlawfull for them to doe that, yet it were the more tolerable, if they did as they say: but they doe make good what they say, by telling the world what they meane by things Ecclesiasticall, and their meaning they doe expresse in the very termes of the Jesuites; for by Ecclesiasticall, they meane, as their practice sheweth, any p. 415thing which is in ordine ad Ecclesiastica: nay more, in ordine ad Spiritualia, whatsoever may bee thought conducible to the good of the Church, or to any spirituall good, and yet more vastly to the glorie of God; by which latitude of the word Ecclesiasticall, We would know what they have left without the compasse of their cognisance. Just nothing: For in this sense they may set the price on victuals, they may censure the actions of all men in what kind soever, because Saint Paul biddeth us, Whether we eate or drinke, or whatsoever we doe, doe it all to the glory of God. And truly, from this false and Jesuiticall interpretation of this word Ecclesiasticall, have issued most of all their acts of sedition and rebellion: They have provided armes for Our subjects, they first blocked up all Our Forts & Castles, and since have taken them, stopped Our Officers from carrying victualls or ammunition into them, they have raised Forts, taxed Our subjects, levied souldiers against Us, not onelyonly turned Us out of the possession of Our Castles, but, so farre as in them lies, defeated Our title to them, by declaring that they are not Our Castles but the Kingdomes; they have incroached upon the undoubted bounds and markes of Our Soveraigntie, by sending warrants to Our Sheriffes for chusing Commissioners for the Shires for the next Parliament; they have discharged Our own Printer for printing any thing which concerneth these troubles, or may make against them, though commanded by Us and by Our Councell, so that if We have any thing to print there, We must first be a suiter to Jhonston their Clerke for his hand to it, else it cannot passe; they have injoyned or at least suffered the Preachers of their owne side to pray and preach most bitterly against Us and Our authoritie: those Preachers who continued in their loyaltie towards Us, they have most unjustly against Our lawes deprived of their Benefices, and most unmercifully and unchristianlike exposed them to miserie and beggerie, they have most contemptuously and rebelliously used Our Councellours and Judges: When they are asked, why they doe these things, and by what authoritie they doe them:

p. 4161To the first they answer onelyonly, That they doe them for the good of the Church, and the glorie of God, that Religion may bee preserved, the honour of God maintained, and his glorie increased: Who would thinke that there should bee men found in the world, who call themselves after the name of Christ, and invocate the name of God, and yet dare profane and abuse the names of Religion, God; and his glorie, and to intitle those glorious names to such lewd actions of treason and rebellion, as can proceed from none but the Devill?

2To the second: By what authoritie they doe these things, which are expresly against the Acts of Parliament, Acts of Councell, and Acts of generall Assemblies? They answer, that these Acts of Assembly were unduely obtained, and that now they have rescinded them. For Acts of Parliament and Acts of Councell, they expresse great wonder and admiration, that any man should question their authoritie over them: For that question they use to answer with another of their owne, viz. Whether any man doth hold Christ or Us to be supreme? and being answered that Christ is supreme, then they conclude, That they being his Councell must likewise be supreme; That the Parliament is but the Councell of the Kingdome, That Our Privie Councellours and Judges are but the Councell and Judges of the King; but that they themselves are the immediate and independent Councellours of, and Judges under Christ, who is the King of all kings and kingdomes; and that therefore in all causes which they conceive to concerne Christ and his Kingdome, which is his Church, they are supreme and independent, above Us, Our Parliament, Our Councell, Our Judges: And that if Our Councellours or Judges doe not obey their commandements, they will proceed to the sentence of Excommunication against them, and by the same reason (though as yet they have not said it) they may proceed against Us with the same sentence: for We acknowledge Christ to bee the supreme King, as much as Our Councellours and Judges doe acknowledge him to be the supreme Lord and Judge. These p. 417furious frensies have not been heard of in the world, since the Anabaptists madnesse reigned in Germanie in Charles the fifth his time, which was most strongly and vehemently opposed by the Protestant Princes, who adhered to the Augustan confession, and if Luther and Melancthon, whom God used as the chiefe instruments in reforming the abuses of the Church of Rome, had not shewed themselves in their Sermons, Lectures in the Universities, and publique writings which they published, stout Champions against them, and thereby had drawne all Protestants to detest and persecute them, undoubtedly the Reformation of the Church, falling out to bee about the same time when these Anabaptists raged most in their madnesse, had laboured and suffered extremely under the scandall of their frensies, in the opinion of all those who were attending and looking after the issue of that Reformation: And yet these same fooleries and frensies are daily acted by these who call themselves Commissioners of the Table, and presented to the Readers of their Pamphlets and Protestations, with the titles of irrefragable, undeniable, convincing, unquestionable, Sun-shine truths, and twenty more such false impudent epithets, as one would wonder from whence they fetch the faces that can beare them out in saying so, when the whole Christian World who shall read them, upon the very first view or reading, must discerne that there is not the least step or shadow of truth to be found in them. We confesse We were amazed at, and aggrieved with their horrible impudence, expressed in their last Petition sent unto Us, in which they did invocate the name of God, calling him not onelyonly as a witnesse, but as an approver of their actions; at their pretended assurance of Our justification of them all, when they undoubtedly know, that We doe abhorre and detest them all as rebellious and treasonable; at their shamelesse asseveration of their confidence that their neighbour Churches will approve all their proceedings; that they are affraid they should bee thought to have offended in nothing so much as in lenitie, when they have proceeded to p. 418the deposition and excommunication of the Bishops and others their opposers, which is the utmost of that power which ever any Church did yet challenge to it selfe; and many more such audacious untruths, which after We once heard read, We resolved never to answer, and now doe answer it onelyonly thus, That in the maine points of it there is not one true word: To say nothing of the boldnesse of this petition, which expecteth Our answers in such termes, as it doth not onelyonly seeme to require Our approbation of their wicked proceedings, but almost to command it: and lastly, it is subscribed onelyonly by the hands of the Moderatour and Clerke of the Assembly, as if it were an ordinarie cytation served upon the meanest subject of that Our Kingdome. And besides all these, We would know what Ecclesiasticall assembly, just or pretended, did ever use any coercive power, but that which was Ecclesiasticall, viz. suspension, deprivation, degradation, or excommunication. But this pretended Assembly hath besides all these inforced her acts with armes, and all manner of violence both against the persons and fortunes of such as doe not agree unto them, but continue loyall to Us.

p. 419BY this time We hope the Reader is well satisfied that We have been from time to time well acquainted with, and rightly informed concerning all the particular passages of these troubles: For since We produce their owne originall foule and blacke acts, and the counsels which We tooke, and courses which We held for meeting with them, and hindering them, so farre as then on the sudden We could, every man will now hold their ordinarie and so often repeated calumnie sufficiently confuted, viz. That all the proceedings and proffers on their parts were quite concealed from Us, That their petitions, remonstrances, and grievances were kept from Us, That We understood no more of the estate of the affaires of that Kingdome, then the malice of their adversaries and bad patriots were pleased to impart unto Us; That Our Commissioner in his severall journies between Us and them never made Us acquainted with the true state of the businesse, or with their requests and protestations, That he at his severall returnes did do that which he thought fittest to be done, and not what We had commanded him, or that if We did command him, Our commandements were according to the information which hee had given unto Us of their counsells and courses; which information was never true nor right, but onelyonly such as hee and the Bishops had contrived for mis-informing of Us: All which most wicked calumnies, invented onelyonly to keep Our people unsatisfied, as they are attended with want of truth, so they are accompanied with a most undeserved ingratitude. For We doe professe, that there was no man since the time of these troubles, who hath more zealously stood between Our wrath and them, then Our Commissioner, and who hath more constantly laboured Us to admit any probable construction which might be made of their actions, ever untill such time as they came to that height, that they could neither probably nor possibly receive any good construction; and p. 420yet even then all his perswasions were to pardon and forgivenesse, if they should acknowledge their errours, and with a submissive humilitie returne to Our obedience. And here We must needs justifie all his proceedings with them, as being punctually and exactly ordered and performed according to Our instructions and commandements to him, and condemne their ingratitude to him, not doubting but ere long they will heartily wish that they had some such about Us, who might solicite Us for their peace and pardon so carefully as hee did, so long as hee had any hope of their amendment.

The same course which they held with him their owne countrie-man, they held likewise with some of this Kingdome of great place, especially some of the Prelates neere Us, and intrusted with the greatest businesse of this Church and Kingdome: For, during the time of all these troubles, they have likewise slandered them amongst Our subjects of that Kingdome, both for mis-information of Us, and giving Us counsell and advice to shunne all waies of peace; Whereas We must professe that those Prelates, whom (in their last seditious and treasonable information to the good Christians of England) they have traduced for their greatest enemies, & chiefly some of them whom they especially glance at with Our Cōmissioner, have bin their greatest friends, their counsells were alwaies counsells of peace, and their solicitations to Us were vehement and earnest for granting unto them those unexpected and undeserved favours, which We were graciously pleased to bestow upon Our people, published in Our Proclamation at Edinburgh the 22. of September 1638. and afterward made good to them in Our name by Our Commissioner at the Assembly in Glasgow: These Prelates and Our Commissioner advising Us rather to condescend to these particulars, then to be put to the effusion of any drop of Our subjects bloud.

But the miserie and misfortune of many of Our well meaning subjects in that Kingdome, hath in all this businesse p. 421been this, That they trusted the mis-informations of their Leaders, even in those things of which their Leaders themselves did not beleeve so much as one word: Such were their false reports of Our inclination to Poperie, of Our intentions never to hold an Assembly, although We had indicted it, of Our intention of never performing any thing in that Assembly which We had promised in Our gracious Proclamation of the indiction of it: All which false reports We have since sufficiently confuted by Our commanding the renovation of the subscription of that Confession of faith which cannot subsist with Poperie, by Our indicting a free generall Assembly (the freedome whereof they quite destroyed by their proceedings both before it and in it) by Our making good in that Assembly (such as it was) all Our gracious promises; and therefore We cannot now but hope and expect, that all Our good and loyall subjects of that Our ancient and native Kingdome will, by their former experience of the falshood of their Seducers and Leaders, learne to give no trust or credit to their posteriour and new mis-informations, which by their last seditious Pamphlets printed or written, and by many intercepted letters We find to be these three especially, but all of them most notoriously false.

1First, they goe about to perswade Our good subjects, that We intend an invasion of that Our Kingdome: But they must have a great power over the faith of such as they can make beleeve that a King would invade his owne Kingdome: Invasions made by Princes of other Princes dominions have been usuall; but for a Prince to invade his owne Kingdome is a prodigious untruth. But they tell Our people that We are coming thither attended with English troupes: We wonder if they should bee affraid of them whom Our people in their Pulpits, and elsewhere, have been made beleeve were all of their owne partie, and would take armes with them in their defence against Us. But the truth is, these English troupes goe along to secure this Our Kingdome of England from invasion by them, which they have so frequently p. 422threatned; and if for the securing of Our person they should offer themselves to bee Our guard wheresoever We goe; what doe they else but shew themselves to be true and loyall subjects, and lay an obligation on Us to continue in Our breast that full assurance of their loyaltie and fidelitie towards Us, of which We have alwaies by unanswerable demonstrations been fully perswaded; as also upbraid the disloyaltie of many of Our subjects of that Our native Kingdome, amongst whom they are loath to trust Us without offering their persons to be Our guard?

But these two things We doe desire all Our good subjects of that Kingdome firmly to beleeve: First, We are confident that We shall not much stand in need of English troupes to chastise the Heads of this late Rebellion, as being fully perswaded that Our loyall subjects, who have all this while adhered unto Us; and Our mis-led subjects, who upon this Our Declaration wil adhere unto Us, but above all the justice of the cause of God and of Us his Anointed, shall be strength enough to bring those principall Rebells to undergoe the tryall of Our Lawes. Next, Wee desire all Our good subjects there, to beleeve that We are so farre from intending any invasion of that Our native Kingdome, as that according to Our dutie and oath taken at Our Coronation, We shall by the grace of God alwaies be ready with Our whole power, estate, and expense of Our bloud (if the case shall so require) to defend that Our Kingdome and subjects thereof against all invasions whatsoever. For We doe at this time onelyonly intend to reduce the principall Heads of these tumults to the obedience of Us and Our Lawes, and in case of their Rebellious obstinacie, to bring them to those deserved punishments, which in such cases the Lawes of that Our Kingdome have provided: nor can this either bee called or accounted an invasion, more then the Judges sentencing malefactours to punishment, can bee called an invasion of them.

2The second mis-information whereby We find the Heads of this Rebellion goe about to keep Our people from returning p. 423to Our obedience, is this: They make them beleeve, that since they have not accepted of Our gracious offers made in Our Declaration at Edinburgh the 22. of September last, and made good by Our Commissioner in Our name at the Assembly in Glasgow, that now We will certainly performe none of them: But these wicked mis-reporters speake both according to their owne deserts (as knowing that their rebellious misdemeanours have indeed deserved no such favour at Our hands) and likewise, according to their owne desires (as fearing that if We should make them good, then Our people might and must receive satisfaction thereby) but they doe not speake according to Our Royall intentions, which are to assure Our subjects, that (as We have before expressed in Our Preface) their faults and disloyall courses shall not make Us goe backe from any thing which We have promised in either of those two Our gracious Declarations made at Edinburgh and Glasgow, but that We will performe them all for the securing of all Our good subjects from any further feares of these pretended innovations.

3The third mis-information whereby the Heads of this Rebellion goe about to continue Our people in disobedience to Us, is this: They would make them beleeve, that if they shall now yeeld, We doe intend to make that Our native Kingdome a Province, and to dispoile them of all their lawes and liberties, and to give them new lawes, as if they were a conquered Kingdome: A most divellish and false suggestion; for We professe We never harboured any such thought in Our Royall breast, but doe intend by the grace of God to continue that Our native Kingdome in the government of Our lawes, and confirme unto them all their liberties, and when it shall please God to translate Us, to leave the same in charge to Our Successour.

These foule but false aspersions being thus wiped off, We are now desirous to remove their grand and maine calumnie, whereby they doe at once endeavour both to disparage Our just, and to justifie their owne most unjust proceedings. p. 424They give out that We have no quarrell against them but Religion; and when they are asked in what points of Religion We will not yeeld to them, they doe not name any one of which they have complained in their Petitions, and which in them they called innovations in Religion (for they know, that in Our gracious Declarations We have given full satisfaction concerning them) but they instance in other two particulars: 1First, Our not admitting the introducing of lay-Elders into their Presbyteries, and that in equall number with the Ministers, and that these lay-Elders shall have voices, and alwaies the casting voice in the election of the Ministers Commissioners from the Presbyteries to the generall Assembly. 2The second, That We will not give way to the abolishing of Episcopall government. For the former, We professe that We cannot give way to it, it being a course unheard of, not onelyonly in that Church of Scotland, but in any Church in any age: for how can We yeeld that Noblemen, Gentlemen, Commoners shall be made Ecclesiasticall persons, which must needs bring in a confusion of these two, Ecclesiasticall and secular persons, which have alwaies been distinguished? Next, how can We betray the Ministers of that Kingdome unto perpetuall slaverie? for if Episcopall government should bee gone (which they intend) and the Ministers in their Presbyteries shall be over-swayed by the voices of the lay-Elders, what face of Ecclesiasticall government can remaine, when it shall be quite pulled out of the hands of Ecclesiasticall persons? And therefore We cannot chuse but account it a great ingratitude in those Ministers who oppose Us, for whose maintenance as We first stood against the laitie, so We are now resolved to stand against them for their libertie. For the second, which is the abolishing of Episcopall government, We professe We cannot yeeld unto it (though it were not warranted by Apostolicall institution at the first, and since by the perpetuall practice of the Church of Christ in all ages and places, as We hold it is warranted by both:) 1First, because it is established in that Kingdome, and hath ever been by Acts of Parliament, and p. 425is so now, and hath been for many yeeres by Acts of the generall Assembly. 2Next, because of the course which they have taken to abolish it, to wit, by an Assembly, holding that an Assembly may abolish Acts of Parliament; a proposition which must not bee endured in any Monarchie: for then the Convocation in England, or generall Assembly in Scotland, might introduce in either of these Kingdomes, Poperie, and the Popes authoritie if they had a mind to doe so, notwithstanding the Acts of Parliament in both Kingdomes which have ejected them, and which Acts of Parliament were posteriour to the Acts of these Ecclesiasticall Assemblies, and were confirmations of what was passed before in them. 3Thirdly, We cannot destroy Episcopall government without destroying one of the three Estates of Parliament, which Wee will not doe: but these men in an Ecclesiasticall Assembly, without Our consent, or consent of Parliament, have gone about to destroy the first of the three Estates of Parliament.

But say that none of these things were so, yet Wee would be satisfied in this point, Whether Our refusing of the intrusion of lay-Elders, and the extrusion of Episcopall government, can bee to the conscience of any man a sufficient warrant or ground for his taking armes against his lawfull King and Soveraigne? for now their very Leaders, acknowledging that We have given them satisfaction in the rest, make these two the onelyonly ground of all their armes. And Wee appeale to the consciences of most of Our subjects Covenanters, if, when they entered into that Covenant at the first, they did ever imagine that they should be perswaded to take armes against Us, for these two points of lay-Elders and Episcopall government, if they should receive satisfaction from Us in their other grievances, and feared innovations, as We have before declared. Wee are confident that no such matter was then within the compasse of their thoughts: We then having fully removed those pretended feares which occasioned their Covenant, Wee cannot but hope that Our p. 426seduced subjects will returne to their former obedience; but for their seducers, Wee know that some of them from the very first were resolved never to receive any satisfaction.

This grand imposture and calumnie, with the other three, being removed, We will now declare fully and freely to all Our subjects of Our three Kingdomes, and to all forrainers besides, the true and onelyonly causes which doe inforce Us at this time to use force for the repressing of the insolencies of such of Our subjects in that Kingdome as shall stand out against Us; first protesting that none of the causes before mentioned, suggested by their Leaders, have settled in Us this resolution, but onelyonly these causes which now follow.

1First, We will never endure that any of Our subjects, nay that all Our subjects (if they could possibly bee all of one mind) out of Parliament shall ever abolish or destroy any Act of Parliament, especially not Noblemen and others assembled in an Ecclesiasticall Assembly: for to hold that any Assembly of subjects out of Parliament, or in Parliament without Our consent, may abolish any Act of Parliament, destroyeth the very foundation of government and justice in all Monarchies; and the doing of it by Ecclesiasticall persons in their Councells and Synods, hath been the cause of infinite calamities and miserable wars and devastation of Kingdomes in the Christian World, since the Pope and his Conclave did usurp that unlawfull and unlimited power; which, being in that Our Kingdome in all these late troubles practised against the expresse lawes of the same, Wee are resolved to punish, unlesse the offenders betake themselves to Our merciemercy.

2Secondly, We are resolved not to endure that any of Our subjects, without Our consent, and the consent of the Parliament, shall destroy any of the three Estates of Parliament; which they in their late pretended Assembly have gone about to doe.

p. 4273Thirdly, We are resolved not to endure that any generall Assembly shall be called but by Our indiction, according to an expresse Act of Parliament in that case provided; or that it shall continue after that Wee by Our authority have dissolved it; and are resolved to punish them who shall doe so, as Our Royall Father punished those who did the like at Aberdene.

4Fourthly, We are resolved to punish those who have imposed taxes upon Our subjects, levied men or armes, raised any fortifications in that Our Kingdome without Our leave, and first blocked up, and then taken Our Castles and Forts, and by violence dispossessed Our loyall subjects of their houses and castles, detaining them by force; for all these, by the expresse Lawes of that Our Kingdome, are acts of treason and rebellion.

5Fifthly, We are resolved not to endure that the Protestations of subjects against Us, Our Councell, Our Judges and Lawes, shall discharge the obedience of the protesters unto these Lawes, unlesse they be admitted before the competent Judges, and legally discussed before them; the contrarie whereof hath been practised by the Covenanters all the time of these tumults.

6Sixthly, We are resolved not to endure that Our subjects shall enter into any covenant or band of mutuall defence, without Our leave asked and obtained, it being expresly forbidden by divers Acts of Parliament of that Our Kingdome; for this hath been, and still is, the ground of all this Rebellion.

7Seventhly and principally, We are resolved not to endure that any of Our subjects, under the name of a Table, or Committees of the generall Assembly, or under any other name, title or pretence whatsoever, shall sit without Our consent and authoritie, and order businesse of the Church and Kingdome at their pleasure; and if they shall be called in question for the same by Us, Our Councell, or Judges, shall appeale from Us and them, and refuse to be judged by either, alledging that they will be judged by none but by the generall p. 428Assembly, which is Christs owne immediate Councell, and therefore hath no dependencie from, or subordination either to Our Councell or Judges, or Our Parliament, which is the Councell of Our Kingdome, and so that both Church-men and lay-men under Ecclesiasticall names shall exempt themselves from the authoritie of Us and Our Lawes, and the Assembly it selfe shall hold the members of it free from being judged in all matters of Assembly by any but by it selfe; which by the Lawes of that Our Kingdome is treason, as appeareth by the Act cyted in the bodie of this narration: Now all this hath been practised, and is practised by those which call themselves of the Table.

From all which We hope it is evident, that the offences which We resolve to punish in some of Our subjects, doe not concerne Religion: So that the question is not, Whether there shall be a Service Booke, Booke of Canons, high Commission, nay, nor whether there shall be no lay-Elders in Assemblies, or no Episcopall government, (though We are resolved to reject the one, and retaine the other:) But the question indeed is neither more nor lesse then this, Whether We and Our Successours shall be any more Kings of that Kingdome: for if these traiterous positions shall bee maintained and made good by force of armes, then We and Our Successours can bee no more Kings there, Our Parliament, Councell, and Judges have no more authoritie there; So that unlesse We will give over to be King, and so betray and desert that charge wherewith God hath intrusted Us, We must use that power which God hath put in Our hands, and by faire, just and legall waies, to Our great griefe, force them to obedience.

These are the true reasons which have forced Us to undertake this journey, and to make use of the armes and aide of Our loyall subjects here, for the securitie of this Kingdome, and safeguard of Our person, as likewise of the armes and aide of Our subjects of that Kingdome for the same purposes.

1And here first We call God to witnesse what an unwelcome p. 429journey this is unto Us, and how unwillingly We doe undertake it.

2Secondly, We doe professe and protest, that as We (like God himselfe, whose Vicegerent We are) have showne Our Selfe all this while slow to anger; so now like him We shall shew Our selves ready to forgive, upon the repentance of such of Our subjects as have been mis-led, their deserting the Heads of their Rebellion, and returning to Our obedience.

3Thirdly, that We intend to use no armes against that Our Kingdome, but onelyonly against some Rebells in it, for their apprehension and bringing them to justice.

4Fourthly, that such even of those who shall be apprehended, shall have their faire and legall tryalls according to the Lawes of that Our Kingdome, without the denyall of the least favour which can be allowed them by the course of justice, if they will offer and submit their persons to a legall tryall.

5Fifthly, that all Our subjects of that Kingdome▪ who shall now adhere unto Us, shall be protected and defended by Us in their persons and fortunes, with the uttermost of Our power: For We professe that We doe not hold it a nationall defection, but a revolt of some Rebells, who have mis-led a great many of the rest, We having a great many subjects of all rankes in that Our Kingdome, who for their constancie in their loyaltie and fidelitie towards Us, shall justly expect both protection and reward from Us.

6Sixthly, that whosoever shall goe about to make any of Our subjects beleeve that this is a nationall quarrell between these two ancient Kingdomes, both now being under Our government, shall be punished as a disturber of the peace of both: and therefore We exhort and require all Our subjects of both Kingdomes, who shall accompanie Us in this journey, to live and converse peaceably and lovingly, whereby as they shall doe Us most singular and acceptable service, so they shall notably disappoint the Heads of that Rebellion, who now labour no point so much as this, to make Our subjects of that Kingdome beleeve, that this journey of Ours bringeth p. 430along with it a nationall invasion; and if Our subjects of both nations shall keep that friendly and loving correspondence in their attendance upon Us in this journey, We doe not doubt but it will be a meanes to tye them in a stronger band of love for ever hereafter, when Our Scotish subjects shall here see the alacritie and forwardnesse of the English, and the English shall there perceive the alacritie and forwardnesse of the Scotish, both of them meeting in this point and center, viz. the defence of Our person, and of Our Royall Crowne and Dignitie.

To conclude: As We have found the aide and assistance of Our loving subjects here towards this journey, so We doe heartily desire their prayers all the time of Our absence for a good successe unto it, and that if it be possible We may returne with peace, and without the effusion of any drop of Our subjects bloud: And We doe require all Our good subjects of that Our Kingdome of Scotland, especially the Ministers who should bee the messengers of peace, to frame and settle Our subjects minds to the courses and waies of peace, and to lead them on in the way of returning to Our obedience, who doth resolve to maintaine them in the Religion now established amongst them, that so We be not forced to draw Our sword of justice against any of them, which in case of their obstinacie how unwillingly We shall doe, We call the King of kings to witnesse: But if nothing else will serve it must be, and their bloud will rest upon their owne heads.

FINIS.

Imprinted by ROBERT YOUNG, His Majesties Printer for Scotland. Anno 1639.

The High & mighty Monarch Charles by the grace of God King of Great Brittaine France & Ireland Defender of y^e Faith.

End of the text · Walter Balcanquhall, Declaration Concerning the Late Tumults in Scotland (1639)