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Declaration Concerning the Late Tumults in Scotland · Walter Balcanquhall

Declaration Concerning the Late Tumults in Scotland, Floating text 26

The Protestation of the Noblemen, Barons, Gentlemen, Burrows, Ministers, and Commons, &c.

WEe Noblemen, Barons, Gentlemen, Burgesses, Ministers, and Commons, his Majesties true and loyall subjects, That whereas our continuall supplications, complaints, articles, and informations, presented, first, to the Lords of his Majesties Privie Councell; next, to his sacred Majestie, and last, from time to time to his Majesties Commissioner, our long attendance and great patience this twelve-month bygone, in waiting for satisfaction of our most just desires, our zeale to remove all rubs out of the way, which were either mentioned unto us, or could be conceived by us, as hinderances of our pious intentions, aiming at nothing but the good of the Kingdome, and preservation of the Kirk, which by consumption or combustion is likely to expire; delighting to use no other meanes but such as are legall, and have beene ordinarie in this Kirk since the reformation, and labouring according to our power and interesse, that all things might be carried in a peaceable manner, worthy of our Profession and Covenant, our Protestation containing a hearty thanksgiving for what his Majesty in his Proclamation from his justice had granted of our just desires; and our Protests and hopes for so much as was not as yet granted. All these made us confidently to expect from his Majestes Royall and compassioned disposition towards this his native Kingdome, that a free Generall Assembly and Parliament should have beene indicted, as the ordinary and most proper remedies of our grievances, and did constraine us to renew our petition, earnestly intreating, that his Majesties Commissioner would be pleased to represent unto his Majesty the condition of this Kirk and Kingdome, crying in an extreme exigencie for present helpe, with the lawfulnesse of the remedies prescribed by his Majesties Lawes, required by us, and presented to him in some particular Articles, which his Grace promised to recommend to his Majestie, and to doe his best endeavours for obtaining the same; especially the first Article, that there might be indicted a full and free Generall Assembly, without prelimitation, either in the constitution and members thereof, in the order and manner of proceeding, or in the matters to be treated: And if there should be any question or doubt about one of these, or such like particulars, that the determination thereof might be remitted to the Assembly it selfe, as the only proper and competent judge. And now, after so many supplications, complaints, articles, and informations; after our necessary protestation, expressing the humble thankfulnesse and continued desires of our hearts; after so long expectation and so much dealing, having with open eares, and attentive minds heard his Majesties Proclamation, it is our desire, purpose, and endevour so to proceed, that we may upon the one part still be thankfull to God and the King, for the least blinke of his Majesties countenance, and the smallest crums of comfort that fall unto us from his Majesties Royall hands; beseeching the Lord yet further to enlarge his Majesties heart, for our full satisfaction and rejoycing, to the honour of God, the good of this Kirk and Kingdome, and his Majesties never dying fame and glory; that his wise government and zeale to the service of God, may be a measure and pattern of desires to all generations hereafter, when they shall be wishing for a religious and righteous King: And on the other part, that Christ our Lord, the King of Kings, through our neglect or luke-warmnesse may want no part of his Soveraignty and Dominion, and that in our Religion, which is more dear unto us then our lives, we deceive not our selves, with that which cannot satisfie and make up the breach of this Kirke and Kingdome, or remove our feares, doubts, and suspicions, of the innovations of Religion: This hath made us to observe, and perceive, that his Majesties Proclamation doth ascribe all the late distractions of this Kirke and Common-wealth, to our conceived feares of the innovation of Religion and Law, as the cause and occasion thereof, and not to the innovations themselves, with which we have beene for a long time, and especially of late, heavily pressed and grieved; as if the cause were rather in apprehension and fancie, then in reality and substance. That the Service book and booke of Canons are not so far discharged by this Proclamation, as they have beene urged by preceding Proclamations; for this Proclamation onelyonly dischargeth the practice of them, and rescinds the Acts made for establishing their practice, but doth not rescind the former Proclamations; namely, that of the 19. of February at Stirling, and that of the fourth of July at Edinburgh, which give an high approbation to these Books, as fit meanes to maintaine Religion, and to beat down all superstition; and withall declares his Majesties purpose, to bring them into this Kirk in a faire and legall way: And thus both our feares that they may be introduced hereafter, must still remaine; and the libertie of the Generall Assembly, by such a Declaration of his Majesties judgement, is not a little prejudged in the minds of so many as wisely consider and compare the preceding Proclamations with this which we now heare, although others who looking upon one step and not upon the whole progresse, run on rashly, and, neither considering what they are doing, nor with whom they are dealing, may be easily deceived, Qui pauca videt, citò judicat, a short sight maketh a sudden judgement.

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

1. TO keepe silence in any thing that may serve for the good of the Kirk, whether it be in preaching, prayer, or in proposing and voyceing in a lwfull Assembly of the Kirke, is against the word of God. Esai. 62.6. Yee that are the Lords remembrancers, keepe not silence, and give him no rest till he establish, and till he make Jerusalem a praise in the earth. 1. King. 18.21. Like the halting of the people betweene two opinions, and their not answering a word, when the Lord called them to give a testimony. Act. 20.20. I have keeped backe nothing that was profitable unto you: and againe, 1 Cor. 12.7. Mat. 15.18. Rom. 1.18. Revel. 2.14.20. and 3.15: and therefore to keepe silence, or not to meddle with corruptions, whether in doctrine, sacraments, worship or discipline, in a generall Assembly of the Kirk, conveened for that end, were the ready way to move the Lord to deny his Spirit unto us, and to provoke him to wrath against our proceedings, and might be imputed unto us for prejudice, for collusion, and for betraying our selves and the posterity.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

ANd now for triall of what Wee have said, the Reader may reflect upon these particulars: Not farre from the beginning, they averre that they did confidently expect from Us a free Generall Assemblie and Parliament to be indicted, and that Our Commissioner promised to recommend unto Us this their suit for a free Generall Assemblie, without prelimitation either in the constitution and members thereof, in the order and manner of proceeding, or in the matters to bee treated of; and do insinuate as if Wee had not given order for any such Assemblie in Our Declaration; which everie Reader (looking upon Our Declaration) may see to be most untrue: for in it We give warrant to Our Commissioner to indict a free Generall Assemblie; nor is there there either mention or meaning of any prelimitation, though they themselves did use verie many, some whereof you have heard alreadie, and shall heare of more hereafter. Afterwards they quarrell with Our Declaration for ascribing all the late distractions of this Church and Common-wealth to their conceived feares of the Innovation of Religion and Lawes, and not to the Innovations themselves: No doubt a great crime, that We will not acknowledge that the Service Book, which was penned at first by those who laid downe their lives in opposition to Poperie, is an introduction to Poperie; and We do professe that We did discharge that Book onelyonly to remove their feares and doubts, and ease their pretended grievances: nor can Wee condemne that Book, without condemning the Service Book of England, for the Covenanters arguments strike alike at both. Then immediatly after, They take it ill that though We have discharged the practice of these pretended Innovations, and voided all Acts made for the establishing of them, yet We have not rescinded Our former Proclamations at Sterling and Edinburgh; As if nothing could content them, unlesse Wee should disgrace Our owne Proclamations, which did not any way establish or authorize the things complained of: nay more, unlesse We will call back Our own words, which cannot be interpreted to any such sense as they would force upon them, they would make Our people beleeve, that the libertie of the generall Assemblie is prejudged, &, in a suspicious, undutifull and dangerous phrase, tell them, That they do not consider with whom they are dealing; as if no trust were to be given to Us: Next, they quarrell with Our discharging of the practice of the Articles of Perth, but not the Articles themselves which are established by acts both of Parliament and Generall Assemblie; and yet Wee dare say, that they would hold it for a strange position, if We should use Our Prerogative to the disanulling of any thing established by these two Judicatories; nay, if We and the Parliament joyntly should (as the world goeth now) offer to disanull any act of their Generall Assemblie: so glad they are to quarrell with Our Declaration, that in their eagernesse they destroy their owne grounds. Their next cavill, if it were possible, is as senslesse as the former, whereby they averre, that Our naming of Bishops in Our Proclamation for the indiction of the Assemblie is a prelimitation of it, because thereby We take it as granted, that the office of a Bishop is unquestionably an office in that Church and Kingdome ▪ and this they call a great prelimitation put upon the Assemblie; but with what shew of consequence We cannot possibly conceive: for who would not take that undoubtedly for an office in any Church or Kingdome, which is established by the Lawes and acts of both? and such is the office of a Bishop in that Kingdome: After these fancied prelimitations, they adde sixe reasons why they should not be admitted; which are so ignorant and simple, as it is not possible to draw them into any forme of reasoning or concluding: and though they could bee so drawne, yet they were verie needlesse; for to what end should reasons bee brought against the admitting of these prelimitations, when there were no prelimitations offered, and these that are alledged are no prelimitations at all? And therefore these six Reasons, at least so called by them, are to bee passed over with contempt, as having not one word in them worthie the answering.

Next, they muster up sixteen Reasons against the subscription to the confession of Faith urged by Our authoritie in that Declaration, of the verie same piece with the former six Reasons, everie way as full of non-sense as they; The first is, that it will make their Covenant bee forgotten: a matter of great consequence indeed, that their unlawfull Acts should be drowned by any Act of lawfull authoritie. For this We think they should thank Us: The second reason is, that if they should subscribe this confession now, they would think themselves guiltie of mocking God: a notable whimsey, that Acts of authoritie must want obedience if they crosse some peoples foolish thoughts and idle fancies; but in the meane time what a fearfull mocking of God, and taking of his name in vaine is it for them to say so, and use that great name for so groundlesse a suspicion? The third reason is, that they are afraid that this subscription will introduce a division amongst themselves, it being against their Oath, in their late Covenant, to admit of any divisive motions. And truely whatsoever they pretend in all their other reasons, this is the maine, if not the onelyonly reason of the principall Covenanters furious proceedings in all their wayes, and especially in this their Protestation, because they did plainely perceive that if Our people should once see and acknowledge Our Grace and clemencie, or be brought to subscribe to the same thing by Our authoritie, to which they had subscribed before by their perswasion, then they would begin againe to rellish government, and so fall off, and divide themselves from those who have resolved never to indure it: In the meane time, the Reader shall do well to observe the wonderfull strength of this reason; We must not subscribe, because it will occasion some division amongst us; by the same reason, all hope of peace must be banished out of that Kingdome for ever: For certainely if they themselves should set downe in writing the utmost of their desires, and Wee should assent unto them, yet undoubtedly some would dislike and not admit of those propositions of peace, which the rest had agreed upon: Are they therefore sworne by their Oath to reject all proffers of peace, because some will dislike them, upon which a division must follow more or lesse? The fourth reason is plaine Poperie, and the maine ground of most of the errours established at the Councell of Trent; If they subscribe now, it will bee thought that they have erred in their former proceedings; but where the reason of this Reason lies, is past ordinarie finding: The fifth reason hath in it a reach beyond the Moone; This subscription is urged by authoritie, but our former subscription proceeded from our owne heads, and therefore is to be preferred, as carrying with it more libertie, more sinceritie, and lesse hypocrisie; A reason fit to bee answered by none but such as have lost their Reason: The sixth reason is in the same case; for truely Wee understand it not: The seventh reason supposeth that there is a Papist in the world so foolish and simple as to think, that the same confession of Faith, consisting of the same words and syllables, injoyned to bee sworne without authoritie, if it shall bee commanded to bee sworne by authoritie, becommeth a new and different confession of Faith; or if that We everie yeare of Our Reigne should renew and command a subscription to the same confession, that then everie yeare Wee should establish a new Faith; Sure they need not trouble Our peoples heads with such foolish feares, for undoubtedly there will bee no such foolish fellowes found amongst the Papists: The eighth reason, hath not a shew of any reason: For their ninth reason, We are confident, that if they had knowne as much as now they do, and have expressed in their answer to Our Commissioners last Declaration, they would have left this quite out: for the truth is, that no man can subscribe this confession of faith commanded by Us, and with a safe conscience hold that Episcopacie is abjured by it, for many reasons, amongst which this alledged by them is but one, yet a very true one, viz. That an oath must either be refused or taken according to the knowne intention of him that ministred it; and it being well knowne, that We, according to the Lawes of all Our Kingdomes, are resolved to maintaine Episcopall government, no man can sweare any oath administred by Us or Our authoritie, which may not consist with that government: And it is as true, that there is nothing in that confession of faith, which being sworne unto, abjureth Episcopacie, by whomsoever the oath shall be administred; and therefore it is a very unjust and unnecessarie feare, which seemes to make them sweat at the end of this ninth Reason, viz. That this subscription commanded by Us, seemeth to determine, that the confession of faith as it was professed 1580. doth consist with Episcopacie: That this subscription determineth it, is undoubtedly a very simple conceit, but that the confession it selfe made in 1580. may and doth consist with Episcopacie, is unquestionably true; and it is so determined by the Covenanters themselves, who assured many who made that scruple, and would not have come into their Covenant unlesse the Covenanters had first resolved them of it, that they might sweare the same confession, and yet not abjure Episcopall government, which likewise the three Ministers in their first answer to the Divines of Aberdene, have positively affirmed, averring, that Episcopacie was not abjured by that confession, nor their Covenant, but onelyonly referred to the tryall of an Assembly and Parliament: Now it is most certaine, that when We commanded this subscription to that confession, no Assembly (true or pretended) had determined that it was abjured, nor hath any Parliament done so yet; and therefore the Covenanters themselves have determined, that when Wee required this subscription, a man might safely subscribe without abjuration of Episcopacie: But to let the weaknesse of this ninth reason passe, it is a wonder to observe how these men in their answer to the fourth reason (contained in Our Commissioners last Declaration) are constrained by maine force of argument to denie their own most true proposition, expressed at the beginning of this ninth reason: For there they affirm it plainly, that a man may swear secundùm rem juratam, though he know that that which hee sweares to, is against the meaning and sense of him that gives the oath; Which is such a notable piece of equivocation, and, indeed, of such dishonestie, as is not to be expressed by Us in its proper name; for no patron of equivocation hath yet out-gone it. The tenth reason propoundeth an undoubted truth, viz. that by swearing that confession, none of these pretended innovations is abjured. What then? Is it not sufficient, that by Our authoritie they are discharged, and referred to the tryall of a generall Assembly and Parliament? The 11. reason repeateth againe the dark parable of the March-stone which was in the sixth reason; it would breake any mans teeth to cracke it, and it is not to be hoped, that ever any man will find the pith and kernell of it; and therefore let it be as unintelligible as the sixth. The 12. reason is such a one as certainly no rationall man could ever have dreamed of: If we subscribe the confession by the Kings authoritie, then it will be thought that we acquiesce in His Majesties Declaration, and that wee are contented to be pardoned by Him, and that is such a thing as it turnes all our glorie into shame, by confessing our guiltinesse. A strange fancie, that men should account that a shame, which the Scripture calleth giving glorie unto God. But truly it is not farre from blasphemy, when they affirme, that God by the fire of his Spirit from heaven hath accepted their service: If they meane their Covenant, what more can be said of the holy Scriptures? For sure to be indited by the Spirit, and to be approved by the fire of the Spirit from heaven, is much about one; if there be any difference, the odds will seeme to lye upon the acceptation of it from heaven by the fire of the Spirit; for the Spirit descending upon the Apostles in fierie tongues, was that which both sealed their calling unto them, and enabled them for it, and for inditing those holy Scriptures which they wrote: And thus, before they are aware, they make themselves patrons of a notable point of Poperie, viz. That their Covenant, which sure was penned by men, and so but a humane writing, is of equall authoritie with the sacred Scriptures: for if it bee approved from heaven by the fire of the Spirit, it must bee so. But Wee hope that every man will pitie this frenzie, and give no credit to it, untill they make it appeare unto Us, when and where God from heaven by the fire of his Spirit did seale and approve this Covenant. The 13. reason is a mad one indeed, for it doth condemne the confession of faith which was first subscribed in 1580. upon which confession they doe solely ground their owne Covenant; for that confession hath no such oath for reformation of life annexed unto it: The truth is, some thing they would have said against Our Declaration, but they did not well know what: their wits were runne very low, when in an extraordinarie Vow and Covenant with God, they would put in Reformation of life, unto which every man is tied by the ordinary morall precepts, both of Law and Gospel, and by the doctrine of repentance contained in both: For the reason which is in their 14.15. and 16. Reasons, We leave it for them to find that can, We are perswaded they will lose their labour who seek it.

After their Reasons, they conclude with 7. Protestations, which truly need not to be taken notice of; for being grounded upon so weake and inconsiderable considerations, the Reader is unreasonable, like them, if he should expect a conclusion stronger then the premises. In the preamble to them, take notice onelyonly of their dangerous and fearfull approach unto blasphemy, while they affirm, That the Covenant made by them was sealed from heaven. Their first Protestation is utterly invalid, being Protestatio contra factum; for it is plaine to the whole World, that the rebellious distractions of that Kingdome proceed from them alone. Their second Protestation is void most evidently upon the same ground; for they themselves, both by their publique instructions, of which you have heard, and in their private instructions, of which you shall heare, have used many prelimitations in all the particulars against which they protest, but neither We nor any by Our authoritie have used any. The third Protestation begins with a supposition, which they themselves do know to be most false; for both Archbishops and Bishops had, at the time of this their Protestation, both by the Acts of the Church, and by the Acts of Parliament, a settled office in the Church, and have so still by Parliament, nay and by Assembly too, unlesse they do pitifully begge that which will never be granted them, That their last Assembly at Glasgow was a lawfull Assembly, after Our Authoritie had dissolved it. And as it beginneth with a false supposition, so it endeth with as false and foolish a position and petition; For it maintaineth, That all these who are to undergoe any tryall at the Assembly, either upon any generall complaint already made, or upon any particular accusation to be given in against them, are to compeere at that Assembly, not to have voice, but as rei: upon which ground, none of themselves could have voice there; for they were all liable to tryall and censure upon any particular accusation that was to be given in against them: And then their petition is, That the warning given to the Bishops by this Our Proclamation, and this their Protestation, should be a sufficient Citation to them to appeare as rei: That their Protestation should be so; Wee protest it is so foolish a request, as We are confident no man ever heard of the like before; nor could they expect that any man, indued with reason, would yeeld unto it: And that our warning of the Bishops by Proclamation to appeare at the Assembly, as We did all the rest of the members of it, should make them appeare as rei, is such a conceit, as We wonder any man could light upon it, unlesse they doe hold, that every one of themselves was to appeare as reus too, for all of them were warned by Our Proclamation to appeare at the Assembly as well as the Bishops. In their fourth Protestation We onelyonly admire their rare and undeniable impudence, who dare affirme, that their Covenant is approved from heaven, with rare and undeniable evidences, when all the Christians in the world (except themselves and their faction) who have heard of it, doe acknowledge that no such Covenant or Combination can come from Heaven, but from Hell, from whence cometh all faction and schisme. In their fifth Protestation they doe runne into an act of high treason; for they appeale from Us and Our Councell, which by an Act of Parliament is made high treason, and which they know themselves was adjudged to be so in the case of the Ministers, who held an Assembly at Aberdene, after it was prorogued by Our royall Father, who being cited to compeere before the Lords of the Councell to answer that high contempt, and compeering, declined the authoritie of Our royall Father and his Councell, and appealed to a Generall Assembly, and were therefore arraigned of high treason upon that Statute before the Lord chiefe Justice of that Kingdome, and after pleading to it by their Advocates, were found by a Jurie or Assize guilty of high treason; and had received sentence accordingly, if Our royall Father, out of his singular clemencie and gracious respect to their calling, had not reprived them before sentence, and only inflicted upon them perpetuall banishment, which they did undergoe: The Act of Parliament upon which they were arraigned was this.