Declaration Concerning the Late Tumults in Scotland, Floating text 17 – Letter 7
A direction for Presbyteries.
THat every Presbyterie have a copie of the Act made at Dundie the seventh of March 1597. concerning the number of Commissioners; the tenour whereof followeth.
Because there hath beene no order hitherto anent the number of Commissioners to be directed from everie Presbyterie to the Generall Assemblie, therefore it is statuted and ordained, that in all time comming three of the wisest and gravest of the Brethren shall be directed from everie Presbyterie at the most, as Commissioners to everie Assemblie, and that none presume to come without Commission: And likewise, that one bee directed from everie Presbyterie in name of the Barons, and one out of everie Burgh, except Edinburgh, which shall have power to direct two Commissioners to the Generall Assemblie.
That everie Presbyterie have a copie of the Commission to be given to the Commissioners; the tenour thereof followes.
T.T. the day of The which day after calling upon the name of God, We the members of the Presbyterie of having diligently considered the manifold corruptions, innovations, and disorders, disturbing our peace, and tending to the overthrow of our Religion, and Liberties of the reformed Church within this Realme; which hath come to passe, especially through the want of the necessarie remedie of Generall Assemblies, as well ordinarie as pro re nata, injoyed by this Church for many yeares, and ratified by Act of Parliament, And now expecting shortly by the merciemercy of God the benefit of a free Generall Assemblie, do by these presents nominate and appoint Minister of as also in name of the Burrowes, conjunctly and severally our lawfull Commissioners, giving and granting unto them our full power, Commission, and expresse charge, to repaire to the said Assemblie at the day and place, when and where it shall happen to sit, in any safe and commodious place within this Kingdome, and there with the rest who shall be authorised with lawfull Commission, in our name to propone, treat, reason, vote, and conclude, according to the word of God, and confession of faith approved by sundrie Generall Assemblies, and received throughout the whole Kingdome in all Ecclesiasticall matters, competent to a free Generall Assemblie, and tending to the advancement of the Kingdome of Christ, and the good of Religion, as they will answer to God, and his Church thereupon, and to report to us their diligence therein. In testification of this our Commission and charge, we have subscribed these presents with our hands, and which they have accepted with the lifting up of their hands.
That everie Church Session send one of the most qualified Elders unto the Presbyterie the day of chusing Commissioners to the Generall Assemblie: That by common consent of the Ministers and those Elders present in the Presbyterie, there may bee chosen both the Commissioners for the Ministers, and also some well affected and qualified Nobleman, or speciall Gentleman, being an Elder of some particular Church Session within that Presbyterie, in name of the Barons: For this is the constitution of the Presbyteries, (otherwise called Elderships) appointed by the Church in the books of discipline, Acts of the Generall Assemblie, practised for many yeares after the reformation, and ratified in the Parliament, the twelfth of King James the 6. and never since altered nor rescinded; neither can be with reason altered, seeing that same is the constitution of the supreme and Generall Assemblies, and of the inferiour and Church Sessions, as is at more length cleared by some reasons.
That such as are erroneous in doctrine, or scandalous in life, be presently processed, that they be not chosen Commissioners; and if they shall happen to be chosen by the greater part, that all the best affected, both Ministers and Elders, protest and come to the Assemblie to testifie the same.
To send to everie Presbyterie a copie of the printed reasons for an Assemblie.
That Moderators by vertue of their office bee not Commissioners to the Assemblie, except they be chosen.
That the Presbyteries in one of the ordinarie meetings, appoint to conveene solemnely after the twentieth of September, either upon the 21.22.23.24. or 25. for chusing of their Commissioners to the Assemblie, and for to send them hither to Edinburgh before the first of October, or so soone as they can, that with common consent, they may receive the Kings last answer, and advise upon the next lawfull remedies, in their extreme necessities of Church and State.
That in the Fast to bee observed on the sixteenth day of September, the second day preceding their election, they may crave Gods direction therein.
TO these eight Articles they joyned (by way of information) a verie impertinent, long and tedious discourse of Ruling Elders, too long and too simple to be here inserted, which was added no doubt onelyonly to perswade the Ministers to admit Lay-men to have voyces in their Presbyteries at the election of the Ministers who were to be Commissioners for the Assemblie; or in case of their refusall, to perswade the Lay-men to put themselves in possession, and give their voyces in these elections whether the Ministers would or no, as shall appeare afterwards, both by that intrusion which these Lay Elders used in many Presbyteries, where the Ministers refused to admit them, and by some of the Tables more private instructions, by which they were ordered so to do.
Now, We desire the Reader to consider, whether the conference which Our Commissioner desired for debating of what members the Assemblie was to be constituted, and the matters which were principally to be discussed there (with so much bitternes exclaimed against by them) could in any construction or sense be taken for such a prelimitation of the Assemblie, either in the members, matter, or manner of it, as these eight Articles composed and commanded by their Tables. In the second Article, they set downe to everie Presbyterie, a set forme of a Commission to be made to their Commissioners, which was never done before; and at the Assemblie, when the severall Commissions were read, it was observed that all the Commissions were the same verbatim, except a verie few from some Presbyteries who would not be ruled by the Table; and gave power to their Commissioners to continue no longer in the Assemblie, then Wee or Our Commissioner in Our name should continue it: In the same Article, they will have the Presbyteries in their Commissions to take it pro confesso, that the pretended and complained of Innovations are, corruptions and disorders disturbing the peace, and tending to the overthrow of their Religion and Liberties within the reformed Church of that Realme: If this bee not to prejudge, and take that for granted, which was to be tried by the Assemblie, whether it was so or not, viz. whether these things complained of were Innovations and corruptions introduced in Religion, We must leave it to the Reader to judge. In the third Article they appoint Lay-men to sit in Presbyteries, which had not beene done for above fortie yeares before; Nay, and these Lay-men to be equall in number with the Ministers, which is contrarie to their owne book of Discipline alledged by them, which did then order that the Ministers should alwayes exceed the number of the Lay Elders; so that before this time they never were equall in number: Nay, that these Lay-men should have voices, not onelyonly in the chusing of their own Lay Elder, but, which is insufferable, should have suffrage in the Election of the three Ministers Commissioners for the Assemblie, which they themselves do know was never heard nor practised in that Church before, in the verie first and strictest times of reformation, nor ever since. In the fourth Article they order a notable trick and device of their owne to bee put in practice, whereby they were ascertained, that no Minister should bee chosen Commissioner in any Presbyterie where they had any power, but such as did undoubtedly concurre with them in their rebellious courses: for they appointed (and accordingly it was practised) that everie man suspected to bee of a different judgement from them, should presently bee processe and brought under the scandall of erroneous life or doctrine, and so made uncapable of being chosen Commissioner; according to which Article there were verie few Ministers in the Kingdome, who had not subscribed their Covenant, but they were presently suspended by their Presbyterie, where they had voices to do it, or at the least put under processe by some one or other▪ which could not be prevented; for no man can bee denied an originall processe against any man whom he will implead: But yet this Article left no evasion, if it should happen that such a one should be chosen Commissioner, for in this case they ordered, that the rest who gave not voices should protest against the election, and complaine of it to the Generall Assemblie, where they were sure enough to processe him there, and lay him aside untill his processe should bee discussed; which they did put in practise upon some Ministers, who did not concurre in judgement with them at the first sitting downe of the Assemblie. The sixth Article is directly against the Constitutions of their Church then in force, and till then practised; the Moderator of the Presbyterie being constantly one, as being most able to give an accompt to the Assemblie of all Presbyteriall actions. The seventh Article gives order for practising the above mentioned equivocation, and enjoyneth them to make their elections before they received Our answer, and that they repaire to Edinburgh immediately after their election, that all the Commissioners elected may consult before hand upon what was to be said or done at the Assemblie; which is in effect neither more nor lesse, then to receive directions from their Tables how to carrie themselves at the Assemblie, and indeed to preconveene and hold the Assemblie at Edinburgh before their meeting at Glasgow.
These were their publike instructions which they were not ashamed to avowe and send abroad from their Tables, as it were by publike authoritie, to the severall Presbyteries of that Kingdome; And whether they do not containe prelimitations of the Assemblie, we shall leave it to the Reader to judge: But whether, if We, Our Commissioner, or Councell, had sent any such directions and instructions to the severall Presbyteries, they would not have exclaimed against them as unsufferable prelimitations of that Assemblie, and prejudgings of the liberties of the Church of Christ in that Realme, Wee do appeale even to their owne consciences. And yet these publike instructions are nothing to the private ones, which they durst not communicate to all their partie, but onelyonly to some one Laick, and one Minister, their speciall confidents in every Presbyterie, of which you shall heare more afterwards in their due place.
Notwithstanding all these discouragements, arising from the disorderly proceedings of the Covenanters in the time of his absence, Our Commissioner the day after the time prefixed for his returne, viz. the 22. day of September 1638. assembled Our Councell at Our Palace of Holy-rood-house, and there first delivered unto them this letter from Us, as followeth.
Apud Holy-rood-house Septemb. 22. 1638. The which day James Marquesse of Hamiltoun His Majesties Commissioner, produced and exhibited before the Lords of Privie Councell, the two Missives underwritten, signed by the Kings Majestie, and directed to the said Lords, which being read, heard, and considered by the said Lords, They have ordained, and ordaines the same to bee inserted and registred in the bookes of Secret Councell, therein to remaine ad futuram rei memoriam, whereof the tenour followeth.
CHARLES R.
RIght trusty &c. being certainly informed that the distractions which have happened of late, (both in Church and Common-wealth) in this Our ancient Kingdome of Scotland, have much troubled the minds of many of Our good and loyall subjects; and that these distractions have beene occasioned upon jealousies and feares of innovation of Religion and Lawes, as tending to the introduction of Poperie, and not without some suspicion, as if Wee Our selfe were inclined that way; Upon occasion whereof, many of Our subjects have of late subscribed a band or Covenant for preserving the true Religion and Lawes already established, and for defending the Kings person, and each others, in defence thereof: But the same not being warranted by Royall authority (as that which was in Our deare Fathers time) must needs of it selfe be ineffectuall▪ and much prejudiciall to the ancient Forme and Custome of government kept within that Our Kingdome of Scotland: Wherefore Wee, out of Our inborne love to Our said native Countrie, and for obviating these conceived feares, and satisfying of you, and all Our loving people, have thought good to ordaine the Confession of Faith, and band subjoyned thereto, of the date at Edinburgh, Januarie 28. 1580. and signed by Our Royall Father to bee renewed: And to that effect have given Order to Our Commissioner, with advice of Our Councell, to set downe and settle some solid course, whereby the same may be subscribed by Our Councell, Judges, Magistrates of Burroughes, and all other Our people of that Kingdome. And for further clearing of Our selfe, Wee declare, That as We are and ever have beene satisfied in Our judgement and conscience for the reformed Religion now established, and against the Roman: so Wee purpose, by Gods grace, both to live and die in the practice thereof, and to preserve and maintaine the same in full strength and integritie, according to the Lawes of that Our ancient Kingdome. What We have thought further fitting to be done at this time, concerning the particulars contayned in Our subjects petitions; you shall receive Our full pleasure therein from Our Commissioner. And that this Our Declaration concerning Our selfe, and Our pious intention, for settling the Reformed Religion within that Our Kingdome may appeare to posteritie. Our pleasure is, that these presents be registred in the Books of Councell.
Oatlands Septem. 9. 1638.
THis Our Letter being received by Our Councel with all submissive, joyfull, and thankfull acknowledgment, Our Commissioner made them further acquainted with the particulars of Our grace and favour, for the appeasing of the troubles of that Our kingdome, who (upon hearing of the same) were filled with excessive joy, as making full account that now malice it selfe could not finde the least pretence of keeping Our people from being satisfied, all things which ever yet since the beginning of these troubles they had desired, being granted unto them. But so soone as some of Our Councellours, who were not onelyonly Covenanters in their heart, but the very heart of their Covenant, had made some of the chiefe covenanting Lords acquainted with the unexpected excesse of Our favours towards Our people, these Lords, making full accompt that their reigne was upon the point of expiration if the people should understand Our grace and favour, bestirred themselves with might and main to disperse rumours amongst them, That the newes brought home by Our Commissioner, importing Our answer, did tend to the utter subversion of their Religion and liberties; That there was a new Covenant to be set on foot by Us, to destroy theirs, and that if they now did not resist, all they had done was quite undone and lost: After which, the principall of them came downe, first, to Our Commissioner, and then to Our Councell, requesting them, or indeed rather requiring them, that they would not subscribe the Confession of faith, nor require it to be subscribed by others, by any authoritie from Us, threatning in a manner, that if they did, they would repent it, and that a present rupture would follow: Our Commissioner and Councell heard them twice fully, but found not the least ground of reason for the delay of the declaration of Our grace and favour towards Our people, as seeing it proceeded onelyonly from an earnest desire in these Lords to have it concealed from them; and therefore resolved, and imparted unto the Lords covenanters their resolution, that they would publish it that day, being Saturday. The Lords covenanters did then seeme to abate something of their requests, or rather demands, and desired Our Commissioner and Councell to delay the publishing of Our Declaration onelyonly untill the Munday following, before which time, if they could not shew good reasons for the stopping of it, they would be content with the publication thereof: Which motion of theirs wanted not seconding from some of Our Councell there present, who were indeed the first and chiefest of them: But Our Commissioner and Councellours well and wisely foreseeing that this delay was desired, first, that these Lords Covenanters might have time to pen and prepare a Protestation against this Our gracious Declaration, with the contents whereof some of Our Councellors (heartie Covenanters) had made them acquainted; which Protestation could not be provided nor penned in the space of so few houres: secondly, that the Lords covenanters made no question, but that the next day being Sunday, their Ministers in all the Pulpits of Edinburgh, by their subornation, should so conjure up the spirits of Our people against Our gracious Declaration, as they should not be easily and readily laid againe: Thirdly, that they might have time to dispatch messengers & Poasts abroad with copies of their Protestation, in all Burroughs where Our Declaration was to be published, before, or as soone as Our Declaration could be sent to those places: for these important considerations, Our Commissioner and Councell did declare unto these Lords, after full hearing of them, that considering the invaliditie of their reasons to the contrarie▪ Our gracious Declaration should be published that day at the Crosse of Edinburgh: And so accordingly Our Declaration that day was proclaimed, as here it followeth.