Declaration Concerning the Late Tumults in Scotland, Floating text 32
The Declinator and Protestation of the Archbishops and Bishops of the Church of SCOTLAND, and others their adherents within that Kingdome, against the pretended Generall Assemblie holden at Glasgow, Novemb. 21. 1638.
WEE Archbishops, Bishops and other Under-subscribers for our selves and in name and behalfe of the Church of Scotland: Whereas it hath pleased the Kings Majestie to indict a generall Assemblie of the Church to be kept at Glasgow, Novemb. 21. 1638. for composing and setling of the distractions of the same, First do acknowledge and professe, That a Generall Assemblie lawfully called and orderly conveened is a most necessarie and effectuall meane for removing those evils wherewith the said Church is infested, and for setling that order which becommeth the house of God, And that wee wish nothing more then a meeting of a peaceable and orderly Assemblie to that effect. Secondly, we acknowledge and professe, as becommeth good Christians and faithfull subjects, that his Majestie hath authoritie by his prerogative Royall to call Assemblies, as is acknowledged by the Assemblie at Glasgow, 1610. and Parliament 1612. and that it is not lawfull to conveene without his Royall consent and approbation, except wee will put our selves in danger to bee called in question for sedition.
Yet neverthelesse in sundrie respects, wee cannot but esteeme this meeting at Glasgow most unlawfull and disorderly, and their proceedings void and null in Law, for the causes and reasons following:
First, before his Majesties Royall warrant to my Lord Commissioner his Grace to indict a lawfull free generall Assemblie, the usurped authoritie of the Table (as they call it) by their missives and instructions, did give order and direction for all Presbyteries to elect and chuse their Commissioners for the Assemblie, and, for seeking of Gods blessing to it, to keep a solemne Fast, Sept. 16. whereas his Majesties warrant for indicting of that Assemblie was not published till the 22. of that month: so that they preventing and not proceeding by warrant of Royall authoritie, the pretended Commissioners being chosen before the Presbyteries were authorized to make election, cannot bee reputed members of a lawfull Assemblie.
A lawfull Assemblie must not onelyonly be indicted by lawfull authoritie (as we acknowledge this to be) but also constituted of such members as are requisite to make up such a body. For if, according to the indiction, none at all do conveene, or where the Clergie is called there meet none but Laicks, or moe Laicks then of the Clergie, with equall power to judge and determine; or such of the Laicks and Clergie as are not lawfully authorized, or are not capable of that employment by their places; or such as are legally disabled to sit and decide in an Assemblie of the Church: a meeting consisting of such members cannot be thought a free and lawfull Assemblie: By that Act of Parliament Ja. 6. par. 3. cap. 46. 1572. Everie Minister who shall pretend to be a Minister of Gods Word and Sacraments, is bound to give his assent and subscription to the Articles of Religion contained in the Acts of our Soveraigne Lords Parliament, and, in presence of the Archbishop Superintendent or Commissioner of the Province, give his oath, for acknowledging and recognoscing of our Soveraigne Lord and his authoritie, and bring a testimoniall in writing thereupon, and openly upon some Sunday, in time of Sermon or publike Prayers, in the Kirk where hee ought to attend, read both the testimoniall and Confession, and of new make the said oath within a month after his admission, under the paine that every person that shall not do as is above appointed, shall ipso facto bee deprived, and all his Ecclesiasticall promotions and living shall bee then vacant, as if he were then naturally dead, and that all inferiour persons under Prelats be called before the Archbishops, Bishops, Superintendents and Commissioners of the Dioceses or Province, within which they dwell, as the Act beares.
All of the Clergie conveened to this Assemblie pretend themselves to be Ministers of Gods Word and Sacraments, and have benefices or other Ecclesiasticall livings: yet neverthelesse the most part of them have never in presence of the Archbishop, Bishop, Superintendent or Commissioner of the Diocese or Province, subscribed the Articles of Religion contained in the Acts of Parliament, and given their oath for acknowledging and recognoscing our Soveraigne Lord and his authority, and brought a testimoniall thereof: and therefore they are ipso facto deprived, and their places voyd, as if they were naturally dead; and consequently having no place nor function in the Church, cannot be Commissioners to this Assembly: hoc maximè attento, that the said persons not onelyonly have never given their oath for acknowledging his Majesties authority, nor can shew no testimoniall thereupon, as they are bound by the said Act; but also having as subjects comprehended in the representative body of this Kingdome, Promised to acknowledge, obey, maintain, defend, & advance the life, honour, safety, dignity, soveraigne authority, and prerogative Royall of his soveraigne Majesty, his heires and successours, and priviledges of his Highnesse Crowne, with their lives, lands, and goods, to the uttermost of their power, constantly and faithfully to withstand all and whatsoever persons, powers and estates, who shall presume, prease or intend any wise to impugne, prejudge, hurt or impaire the same, and never to come in the contrary thereof, directly or indirectly in any time comming; as the Acts of Parliament Jacob. 6. Parl. 18. Cap. 1. Car. Parl. Cap. 1: doe proport.
And moreover, being obliged at their admission to give their oath for performance of this duty of their allegeance, and to testifie and declare on their conscience, that the King is the lawfull supreme Governour, as well in matters spirituall and Ecclesiasticall as temporall, and to assist and defend all jurisdiction and authority, belonging to his Majestie by the Act of Parl. 1612. yet notwithstanding of the said bands, acts and promises, whereby the said persons are so strictly bound to the performance of the premises, his Majestie having ordained by Act of Councell at Holy-rood-house Septem. 24. 1638. and proclamations following thereupon, that all his Majesties lieges of whatsoever estate, degree or quality, Ecclesiasticall or Temporall, should sweare and subscribe the said Confession, together with a generall band for defending his Majesties person and authority, against all enemies within this Realme or without, have not onelyonly refused to subscribe the said band and Confession, but have in their Sermons and other speeches, disswaded, deterred, impeded and hindred others of the lieges to subscribe the same, and publickly protested against the subscription thereof: and thereupon cannot conveen nor concurre lawfully to the making up of the body of an Assembly of the Kirk, as being deprived and denuded of all place and function in the same.
A generall Assembly was condescended to, out of his Majesties gracious clemencie and pious disposition, as a Royall favour to those that so should acknowledge the same, and acquiesce to his gracious pleasure, and carry themselves peaceably as loyall and dutifull subjects; which the Commissioners directed to this Assembly supposed to bee of the number of those that adhere to the last Protestation made at Edinburgh, Sept. 1638. do not so account of, and accept, as appeares by the said Protestation, whereby they protest, That it shall bee lawfull for them, as at other times, so at this, to assemble themselves notwithstanding any impediment or prorogation to the contray; as also by continuing their meetings and Table, discharged by authority, refusing to subscribe the band according to his Majesties and Councels command, for maintaining his Majesties Royall person and authority, protesting against the same, still insisting with the lieges to subscribe the band of mutuall defence against all persons whatsoever; and remitting nothing of their former proceedings, whereby his Majesties wrath was provoked: thereby they are become in the same state and condition wherein they were before his Majesties Proclamation and pardon, and so forfeit the favour of this Assembly, and liberty to bee members thereof. And others of his Majesties subjects may justly feare to meet with them in this convention, for that by the Act of Parl. James 6. Parl. 15. cap. 31. Prelacies being declared to be one of the three Estates of this Kingdome, and by the Act of Parl. James 6. Par. 8. cap. 130. all persons are discharged to impugne the dignity and authority of the three Estates, or any of them in time comming, under the paine of treason. And whereas the King by his Proclamation declares Archbishops and Bishops to have voyce in the generall Assembly, and calls them to the same for that effect, as constantly they have been in use in all Assemblies; where they were present, as appeares by many Acts of the generall Assemblie, ordaining them to keep and assist at the same, as in the Assembly at Edinburgh, Decemb. 15. 1566. At Edinburgh, 6. March 1572. At Edinburgh, May 10. 1586. and by a Letter written by the Assembly, March 6. 1573. to the Regent, earnestly desiring his owne or his Commissioners presence, and the Lords of Councell, and the Bishops at the Assembly▪ They notwithstanding▪ by the said Protestation, Septemb. 22 declared Archbishops and Bishops to have no warrant for their office in this Kirk, to be authorized with no lawfull Commission, and to have no place nor voyce in this Assembly; and withall doe arrogate to their meetings a soveraigne authority to determine of all questions and doubts that can arise, contrary to the freedome of the Assembly, whether in constitution and members, or in the matters to be treated, or in manner and order of proceeding: which how it doth stand with his Majesties Supremacie in all causes and over all persons, wee leave it to that judgement whereunto it belongeth, and doe call God and man to witnesse, if these be fit members of an Assembly, intended for the order and peace of the Church.
Giving, and not granting, that the persons foresaid directed Commissioners in name of the Clergy to this meeting, were capable of that authority, and that the said Presbyteries had the authority to direct Commissioners to the generall Assembly; yet have they now lost and fallen from all such right, if any they had, in so farre as they have deposed the Moderatours, who were lawfully appointed to governe them, by the Bishops in their Synods, and elected others in their place, contrary to the Act of the Assembly at Glasgow 1610. and Act of Parl. 1612. ordaining Bishops to be Moderatours at these meetings; and in their absence, the Minister whom the Bishop should appoint at the Synode. So these meetings having disclaimed the authority of Bishops, deposed their lawfull Moderatours, and chusing others without authority, cannot be esteemed lawfull convocations, that can have lawfull power of sending out Commissioners with authority to judge of the affaires of this Church.
And yet doth the nullity of the Commissions, flowing from such meetings, further appeare in this, that they have associate to themselves a laick ruling Elder (as they call him) out of every Session and Parish, who, being ordinarily the Lord of the Parish, or a man of the greatest authority in the bounds, doth over-rule in the election of the said Commissioners, both by his authority and their number, being moe then the Ministers, whereof some being ordinarily absent, and five or six, or so many of them put in list, and removed, there remain but a few Ministers to voice to the election; and in effect the Commissioners for the Clergie are chosen by lay-men, contrary to all order, decencie, and custome observed in the Christian world, no wise according to the custome of this Church, which they pretend to follow: the Presbyteries formerly never associating to themselves lay-elders in the election of the Commissioners to the generall Assembly, but onelyonly for their assistance in discipline and correction of manners, calling for them at such occasions as they stood in need of their godly concurrence, declaring otherwise their meeting not necessarie, and providing expresly that they should not be equall, but fewer in number then the Pastours, as by Act of Assembly at Saint Andrews, April 24. 1582. (where Master Andrew Melvill was Moderatour) doth appeare. Like as these fourty yeares by gone and upwards, long before the reestablishing of Bishops, these lay-elders have not been called at all to Presbyteries. And by the Act at Dundie 1597. (whereby it is pretended that Presbyteries have authoritie to send these lay Commissioners) it doth no way appeare that those lay-elders had any hand in chusing of the Ministers: and this is the onelyonly Act of the Assembly, authorizing Presbyteries to chuse Commissioners to the general Assembly: nor have lay elders sate ordinarily in Presbyteries upon any occasion these fourty yeares, and upwards, nor ever had any place nor voyce in the election of Ministers for the generall Assembly, and consequently those chosen by them to this Assembly have no lawfull power nor authority.
Beside, the persons Ecclesiasticall, pretended to be authorized Commissioners to this Assemblie, have so behaved themselves, that justly they may be thought unworthy and uncapable of Commission to a free and lawfull Assemblie.
1. For that by their seditious and railing Sermons and Pamphlets, they have wounded the Kings honour and Soveraigne authoritie, and animated his liedges to rebellion, averring that all authoritie Soveraigne is Originally in the collective bodie, derived from thence to the Prince; and that not onelyonly in case of negligence, it is Suppletivè in the collective bodie, as being communicate from the Commontie to the King, Cumulativè not Privativè: but also in case of maladministration, to returne to the collective bodie; so that Rex excidit jure suo, and that they may refuse obedience.
2. Next, they are knowne to bee such as have either beene schismatically refractorie and opposite to good order setled in the Church and State; or such as having promised, subscribed, and sworne obedience to their Ordinarie, have never made conscience of their oath; or such as have sworne and accordingly practised, yet contrarie to their promise and practice, have resiled, to the contempt of authoritie, and disturbance of the Church; or such as are under the Censures of the Church of Ireland, for their disobedience to order; or under the Censures of this Church, or conveened, at least deserving to bee conveened before the Ordinaries, or a lawfull generall Assemblie, for divers transgressions deserving deprivation: As first, for uttering in their Sermons, rash and irreverent speeches in Pulpit against his Majesties Councell and their proceedings, punishable by deprivation, by the Act of Assemblie at Edinburgh, May 22. 1590. Next, for reproving his Majesties Lawes, Statutes, and Ordinances, contrarie to the Act of Assembly at Perth, Maii 1. 1596. Thirdly, for expressing of mens names in Pulpit; or describing them vively to their reproach, where there was no notorious fault; against another Act of the same Assemblie. Fourthly, for using applications in their Sermons, not tending to the edification of their present Auditorie; contrarie to another Act of the same Assemblie. Fifthly, for keeping conventions not allowed by his Majestie, without his knowledge and consent; contrarie to another Act of the same Assemblie. Sixthly, for receiving of people of other Ministers flocks to the Communion; contrary to order, Acts of Assemblies and Councels. Seventhly, for intruding themselves into other mens Pulpits, without calling or authoritie. Eighthly, for usurping the authoritie to convent their Brethren, and proceed against them to the Censures of suspension and deprivation. Ninthly, for pressing the people to subscribe a Covenant, not allowed by authoritie; and opposing and withstanding the subscribing of a Covenant offered by his Majestie, and allowed by the Councell: Beside many personall faults and enormities, whereof many of them are guiltie, which in charitie we forbeare to expresse. But hereby it doth appeare, how unfit these persons are to be members of a free and lawfull Assemblie.
Nor doth it stand with Reason, Scripture, or practice of the Christian Church, that Lay-men should be authorized to have decisive voice in a generall Assemblie. In that Act of Dundie, 1597. whereby these Elders pretend to have this place, there is no warrant expressed for them, to deliberate and determine. Their presence and assistance wee approve, being allowed and authorized by the Prince. The Kings Majesties presence in person, or by his delegates, wee hold most necessarie to see all things orderly and peaceably done; and that hee have the chiefe hand in all Deliberations and Determinations. Nor do we refuse that any intelligent or moderate man may make remonstrance of his opinion, with the reasons of it, in that way that becommeth him in a Nationall Assemblie, due reverence being kept, and confusion avoided. But that any Lay-man, except hee bee delegate by Soveraigne authoritie, shall presume to have a definitive and decisive voice, we esteeme it to bee intrusion uppon the Pastorall charge, and without warrant. May we not therefore intreat my Lord Commissioner his Grace, in the words of the Fathers of the fourth generall Councell at Chalcedon? Mitte for as superfluos. Nor will a pious Prince bee offended with it; but with Theodosius the younger will say, Illegitimum est, eum qui non sit in ordine Sanctissimorum Episcoporum Ecclesiasticus immisceri tractatibus— And Pulcheria the Empresse commanded Strategus, Ut Clerici, Monachi, & Laici virepellerentur, exceptis paucis illis quos Episcopi secum duxerunt. Upon this respect was Martinus in that Councell of Chalcedon moved to say; Non esse suum, sed Episcoporum tantum, subscribere.
If these pretended Commissioners, both Lay and Ecclesiasticall, were lawfully authorized, (as it is evident they are not) and for none other cause declinable, yet the Law doth admit, that justly a Judge may be declined, who is probably suspect: And of all probabilities, this is the most pregnant, when the Judge, before he come to judgement, doth give sentence of these things he hath to judge. This made our Reformers protestation against the Councel of Trent valide, and their not compearing justifiable, because Pope Leo 10. had precondemned Luther, as appeared by his Bull, dated 8. Junii 1520. renewed by Paul 3. dated in Aug. 1535. This was the cause why Athanasius would not give his appearance at some Councels, nor Hosius of Corduba, nor Maximus Patriarch of Constantinople. But so it is, the most part, if not all of the said Commissioners directed to this meeting, have precondemned Episcopall Government, and condemned, at least suspended obedience to the Acts of the generall Assemblie and Parliament concerning the five Articles of Perth, have approven their Covenant as most necessarie to be embraced of all in this Kingdome, and not onelyonly have given judgement of these things before hand, but by most solemne oaths have bound themselves to defend and stand to the same: as doth appeare by their Covenant, Petitions, Protestations, Pamphlets, Libels, and Sermons: and therefore by no Law nor equitie can these pretended Commissioners bee admitted to determine in this meeting, concerning these persons and points, which before hand they have so unjustly condemned.
Further, with no Law nor reason can it subsist, that the same persons shall be both Judges and Parties. And wee appeale the consciences of all honest men, if all, at least the greatest part of the pretended Commissioners, have not declared themselves partie to the Archbishops and Bishops of this Church: for in that they have declined the Bishops to be their Judges as being their partie, (as their Declinators, Petitions, Declarations and Protestations do beare) have they not simul & semel, & ipso facto declared themselves to bee partie against Bishops; whom they have not onelyonly declined, but persecuted by their calumnies and reproaches vented by word and writ, in publike and in private, by invading their persons, opposing and oppressing them by strength of an unlawfull Combination; for the subscribing and swearing whereof, they have by their owne authoritie indicted and kept Fasts, not onelyonly in their owne Churches, but where worthie men refused to bee accessorie to these disorderly and impious courses, they have (by aid of the unruly multitude) entred their Churches, usurped upon their charges, reading and causing to bee read that unlawfull Covenant; by threatning and menacing compelling some (otherwise unwilling) out of just feare to set their hands to it; by processing, suspending, and removing obedient and worthie Ministers from their places by the usurped authoritie of their Table and Presbyteries? And whereas by all Law and Justice, persons finding themselves wronged in judgement, have never beene denied the remedie of declinatorie and appellation; neverthelesse not a few of these Presbyteries have proceeded against sundrie worthie Ministers, who have declined and appealed from their judgements, without respect to this defence; by these meanes craftily intending to disable them to bee Commissioners for the Church; directly or indirectly causing their stipends to bee kept back from them: By which meanes not the least part of the subscribing Ministers have beene gained to their Covenant.
But it is without example uncharitable and illegall, that under the pretext of summons (the like whereof was never used, nor in the like manner against the most hainous malefactors in the Kingdome) they have devised, forged, vented, and published a most infamous and scurrile Libell, full of impudent lies and malicious calumnies against the Archbishops and Bishops of this Church; and have first given out from their Table, the order prescribed in these subsequent Articles, which we have insert, that the world may bee witnesse of the illegalitie and maliciousnesse of their proceedings.
I.
TO desire the Presbyterie of every Bishop, especially where he keeps his residence, as also the Presbyterie where his Cathedrall seat is, to have a speciall care of this Bill and complaint against the Prelats, and particularly against the Bishop of their Diocese.
II.
That some Noblemen (if any be within the Presbyterie) some Gentlemen and Barons, some Ministers, and some Commons, who are not chosen Commissioners to the Assemblie, in their owne Name, and in Name of all other Covenanters or Complainers, either within the Presbyterie, or Diocese, or whole Kingdome, who are not Commissioners to the Assemblie, will adhere and assist in this Complaint, that they present this Bill to the Presbyterie.
III.
That they who are Complainers have a particular care to fill up the Blanks left in the Bill, in the subsumptions of the particular faults committed by the Bishop of the Diocese, against these generall Rules, Canons and Acts: or if these Blanks will not containe the same, that the Complainers draw up in a particular claime, all the particular faults and transgressions of the Bishop of that Diocese, against these Rules, Canons, and Acts, or any other Law of the Church or Kingdome, and present the same to the Presbyterie with this generall complaint. And if they cannot get the particulars presently ready, notwithstanding they present without any delay, because of the scarcenesse of the time, this complaint as it stands with the Blanks: and in the meane time, may gather any other particulars against the Assemblie, to which this complaint is to be referred.
IIII.
That the Presbyterie finding the complaint important, and the generall Assemblie so approaching, referre the same to the generall Assemblie, by an Act of this reference insert in the Books of the Presbyterie.
V.
That upon this reference of the complaint to the Assemblie, the Presbyterie admonish the complainers apud acta, to be present at the said Assemblie, for assisting and verifying of the said complaint.
VI.
That the Presbyterie ordaine all their Pastors, out of Pulpit on a Sabbath day before noone, to cause read publikely this whole complaint and the Presbyteries reference to the Assemblie, and so to admonish the Bishop of that Diocese, the delinquent complained upon, with the rest of his colleagues to be present at the generall Assemblie, to answer to the particular complaint, both in the particular and generall Heads thereof, given or to be given in; and to abide the censure and triall of the Assemblie thereupon. And likewise, out of Pulpit to admonish all others who have interest either in the pursuing or referring this complaint, to be present at the said Assemblie.
VII.
That the Presbyterie insert in their Presbyterie-Books the whole tenour of this complaint, both in the generall and particular Heads thereof; and that they have a care to cause deliver by their ordinarie Beadle, to the Bishop of the Diocese, a copie thereof, and a copie of an Act, referring the same to the Assemblie, and summon him to compeare before the Assemblie. And if he be within the countrey, and cannot be personally apprehended, to affix a full copie thereof upon each dwelling place, and upon the most patent doore of the Cathedrall Church and Episcopall seat.
VIII.
That the complainers within the Presbyterie where the Bishop is resident, or hath his Cathedrall, be carefull to keep correspondence with those in other Presbyteries within their Diocese, who best can specifie and verifie their Bishops usurpation and transgressions, and who had particular Articles to gather particular Declarations and Informations of the same.
IX.
That some of these complainers in their owne name, and with Warrant and power from the rest, without failing attend the Assemblie with the generall complaint and particular verifications and specifications of the same.
X.
That in case the Presbyterie where the Bishop hath his residence, or where he hath his Cathedrall and Episcopall seat, refuse to receive this complaint, or referre the same to the Assemblie, or to admonish or cyte the Bishop delinquent before the Assemblie, to answer to the complaint; that the Gentlemen and others who are complainers to the Presbyteries, upon their refusall take instrument in the hands of the Clerk of the Presbyterie, or any Notarie, and protest that their refusall of the ordinarie care of Justice, procured (without doubt) by the Bishop of that Diocese delinquent complained of, the equivalent of Law and Reason, be a formall cytation of him. Which Protestation they may affix upon the dwelling house of the said Bishop, or upon his Cathedrall Church, or the prime Church within the Presbyterie. And that they may deale with any other Presbyterie within the Diocese, who is better disposed, and upon their receit of the complaint, will referre the same to the Assemblie, and cyte the Bishop in manner above expressed, to compeare before the said Assemblie.
XI.
Item, perhaps some Minister within the Presbyterie may thinke some Heads of this Complaint not to be relevant in his Opinion, or know the Bishop not to be guiltie of all the particular Heads contained therein: yet hee in Justice cannot refuse to referre the triall of the Relevancie and Probation thereof to the generall Assemblie; especially seeing the Relevancie and Probation of moe or fewer Points against the Bishop of the Diocese is sufficient, and seeing the subsumption of every particular Head is against the Bishop of the Diocese, with his Colleagues.
XII.
Item, To desire the Presbyterie, upon Complaints upon any persons within the same, against any scandalous Minister either in Doctrine or Life, either to judge the Complaint, or referre the same to the triall and censure of the generall Assemblie, and so to admonish and cyte the Ministers complained upon, to compeare before the generall Assemblie for that end.
According to which Articles, upon Sunday, Octob. 28. they caused read the said Libell in all the Churches of Edinburgh notwithstanding my Lord Commissioners command given to the Provost and Bailies to the contrarie, except in Holy-rood-house, where it was read the next Sunday, as it was in other Churches of the Kingdome; proceeding herein 1. Against all charitie, which doth not behave it selfe unseemely, nor delighteth in the discoverie of mens nakednesse, nor take up a reproach, nor backbite with the tongue; much lesse to write a book against a brother. 2. Against the order prescribed by the Apostle not to rebuke an Elder, but to intreat him as a Father: and by the Act of Parliament, Jam. 6. par. 8. discharging all persons to impugne or to procure the diminution of the authoritie and power of the three Estates or any of them. 3. Against all lawfull and formall proceeding, especially that prescribed by the Act of generall Assemblie at Perth, Martii 1. 1596. whereby it is ordained, that all summons containe the speciall cause and crime, which the said Libell doth not; naming onelyonly generall calumnies, reproaches and aspersions, without instruction of any particular, but leaving these to be filled up by malitious delation, after they have defamed their Brethren by publishing this Libell; as appeares by the 8. and 11. Articles of the said instructions: and against the order prescribed by the Assemblie at Saint Andrewes, Aprill 24. 1582. whereby it is enacted, that in processe of deprivation of Ministers, there be a libelled precept upon fortie dayes warning, being within the Realme, and threescore dayes, being without the Realme, to bee directed by the Kirke and such Commissioners thereof, as elects and admits the person complained of, summoning them to compeare and answer upon the complaint. And in case of their absence at the first summons, the second to be directed upon the like warning, with certification, if he faile, the Libell shall be admitted to probation, and he shall be holden pro confesso. Which forme not being kept in a summons inferring the punishment of deprivation, the same cannot be sustained by the order of that Assemblie. 4. Against common equitie which admits summons onelyonly by the authoritie of that Judge before whom the delinquent is to compeare; whereby the summons directed by the authoritie of these pretended Presbyteries, cannot sustaine for compearance before the generall Assemblie, nor could reference be made from the Presbyterie to the generall Assemblie, the parties never being summoned to compeare before the Presbyterie, whereby either in presence of the partie, or in case of contumacie, the complaint might be referred to the Assemblie. That there was no cytation before the reference, is cleare by the said instructions. And what a strange and odious forme it is to insert such a calumnious Libell in the Presbyterie books, without cyting of the parties to answer thereto: and to cyte Bishops before the generall Assemblie by the said Libell, by publishing the same at Churches, to which they had no relation and were many miles distant, Wee leave it to the judgement of indifferent men. 5. Against all decencie and respect due to men of their place, the said persons being men of dignitie, and some of them of his Majesties most honourable privie Councell, and knowne to bee of blamelesse conversation, and to have deserved well, thus to bee reviled and traduced, doth redound to the reproach of Church and State, and of the Gospell whereof they are Preachers. 6. Lastly, to omit many other informalities against their owne consciences, which wee charge in the sight of God, as they must answer before his great and fearefull tribunall, if they suspect and know not perfectly, according to the judgement of charitie, them whom they thus accuse, to bee free of these crimes wherewith they charge them, at least of many of them; as appeares evidently by the 11. Article of the said instructions, having therein libelled the generall, and have yet to seek the specification thereof, from the malice of their neighbours, if so bee they can furnish it. By which informall and malicious proceeding, it is most apparent, that our said parties do seek our disgrace and overthrow most maliciously and illegally. And therefore wee call heaven and earth to witnesse, if this bee not a barbarous and violent persecution, that all circumstances being considered, hath few or none to parallel it since the beginning of Christianitie; and if wee have not just cause to decline the said pretended Commissioners as our partie.
Moreover, can these men expect, but in a lawfull Assemble they were to bee called and censured for their enorme transgressions foresaid? And will any man thinke, that they can bee judges in their owne cause? It is alleadged out of the Canon-Law against the Pope, that if the Pope be at variance with any man, he ought not to bee Judge himselfe, but to chuse arbitrators. And this may militate against them, except they be more unruly then Popes. Ludovicus Bavarus and all the Estates of Germanie with him, did plead this nullitie against the sentence and proceeding of Pope John 22. and of his Councell: And the Archbishop of Cullen 1546. did plead the nullitie of Paul 3. his Bull of excommunication, because hee protested, that so soone as a lawfull Councell should be opened, hee would implead the Pope as partie, being guiltie of many things censurable by the Councell.
But the late Protestation doth shew the authors thereof to bee no lesse injurious to our place and authority, then they are over-weening of their owne. For it is against reason and practice of the Christian Church, that no Primate, Archbishop, nor Bishop, have place nor voice deliberative or decisive in generall Assemblies, except they be authorized and elected by their Presbyteriall meetings, consisting of preaching and ruling Elders (as they call them) and without warrant or example in the Primitive and purest times of the Church.
This also doth inferre the nullitie of an Assemblie, if the Moderator and President for matters of doctrine, and discipline, shall bee neither the Primate, Archbishop, nor Bishop, but hee who by pluralitie of Presbyters and Lay-mens voices shall bee elected: which happely may be one of the inferiour Clergie, or a Lay-person, as sometimes it hath fallen out: Whereas canonically, according to the ancient practice of the Church, the Primate should preside, according to the constitution of the first Councell of Nice Can. 6. of Antioch Can. 9. and of the Imperiall Law Novell. constitut. 123. cap. 10. and according to our owne Law. For what place in Assemblies Archbishops and Bishops had in other Christian Nations, the same they had (no doubt) in Scotland, and yet still do retaine, except by some municipall Law it hath beene restrained, which cannot be showne. For the restraint of their authoritie by the Act of Parliament 1592. is restored by the Act of Parliament 1606. and 1609. and all Acts prejudiciall to their jurisdiction abrogated. Neither doth that Act 1592. establishing generall Assemblies, debarre Bishops from presiding therein; nor the abrogation of their Commission granted to them by Act of Parliament in Ecclesiasticall causes, imply and inferre the abrogation of that authoritie which they received not from the Parliament but from Christ, from whom they received the spirituall oversight of the Clergie under their charge; whereto belongeth the Presidentship in all Assemblies for matters spirituall, alwayes with due submission to the supreme Governour: which is so intrinsecally inherent in them, as they are Bishops, that hoc ipso that they are Bishops, they are Presidents of all Assemblies of the Clergie: as the Chancellour of the Kingdome hath place in Councell and Session, not by any Act or Statute, but hoc ipso that he is Chancellour. By Act of Parliament Bishops are declared to have their right in Synods and other inferiour meetings, but by no Law restrained nor debarred from the exercise of it in Nationall Assemblies: and the law allowing Bishops to bee Moderators of the Synods, doth present a list in absence of the Metropolitan, to whom of right this place doth belong, as said is, out of which the Moderator of the generall Assemblie shall be chosen. For, is it not more agreeable to reason, order, and decencie, that out of Moderators of Synods a Moderator of the generall Assemblie should be chosen, then of the inferiour Clergie subject to them?
As concerning that Act of the generall Assemblie 1580. whereby Bishops are declared to have no warrant out of Scripture; if corruption of time shall bee regarded, the authoritie of that Assemblie might bee neglected no lesse then that at Glasgow, 1610. But it is ordinarie that prior Acts of Assemblies and Parliaments give place to the posterior: for Posteriora derogant prioribus. And there past not full six yeares when a generall Assemblie at Edinburgh found, that the name of Bishops hath a speciall charge and function annexed to it by the word of God; and that it was lawfull for the generall Assemblie to admit a Bishop to a benefice, presented by the Kings Majestie, with power to admit, visite, and deprive Ministers, and to be Moderators of the Presbyteries where they are resident, and subject onelyonly to the sentence of the generall Assemblie.
As for that Act at Mont rose, let them answer to it that have their calling by that Commission. Wee professe that wee have a lawfull calling by the election of the Clergie, who are of the Chapiter of our Cathedrals, and consecration of Bishops by his Majesties consent and approbation, according to the laudable Lawes and ancient custome of this Kingdome, and of the Church in ancient times, and do homage to our Soveraigne Lord for our Temporalities, and acknowledge him solo Deo minorem, next unto God in all causes, and over all persons Spirituall or Temporall, in his owne Dominions supreme Governour. But now wee may take up Cyprian his complaint, Lib. 3. Ep. 14. Quod non periculum metuere debemus de offensâ Domini, quando aliqui de Presbyteris nec Evangelii nec loci sui memores, sed neque futurum Dei judicium, neque praepositum sibi Episcopum cogitantes, quod nunquam omnino sub antecessoribus factum est, cum contumelia & contemptâ praepositi, totum sibi vendicent? Atque utinam non prostratâ fratrum nostrorum salute sibi omnia vendicarent. Contumelias Episcopatûs nostri dissimulare & ferre possem, sicut dissimulavi semper & pertuli; sed dissimulandi nunc locus non est, quando decipiatur fraternitas nostra à quibusdam vestrûm, qui dùm sine ratione restituendae salutis plausibiles esse cupiunt, magis lapsis obsunt.
Lastly, it is most manifest by the premises, how absurd it is, and contrarie to all reason and practise of the Christian Church, that Archbishops and Bishops shall bee judged by Presbyters; and more absurd, that they should bee judged by a mixt meeting of Presbyters and Laicks, conveening without lawfull authoritie of the Church. How, and by whom they are to bee judged, according to the custome of ancient times, may be seene by the Councell of Chalcedon, Can. 9. and Concil. Milevit. Can. 22. and Concil. Carthag. 2. Can. 10. Nor do wee decline the lawfull triall of any competent judicatorie in the Kingdome, especially of a generall Assemblie lawfully constitute, or of his Majesties High Commissioner, for any thing in life or doctrine can be laid to our charge: onelyonly we declare and affirme, That it is against order, decencie, and Scripture, that we should be judged by Presbyters or by Laicks, without authority and Commission from Soveraigne authoritie.
For the reasons foresaid, and many moe, and for discharge of our dutie to God, to his Church, and to our Sacred Soveraigne, lest by our silence we betray the Churches right, his Majesties authoritie, and our owne consciences, We for our selves, and in name of the Church of Scotland, are forced to protest, That this Assemblie bee reputed and holden null in Law Divine and humane, and that no Church-man bee holden to appeare before, assist or approve it; and therefore, that no letter, petition, subscription, interlocutor, certification, admonition, or other Act whatsoever proceeding from the said Assemblie, or any member thereof, be any wise prejudiciall to the Religion and Confession of Faith by Act of Parliament established, or to the Church, or any member thereof, or to the jurisdiction, liberties, priviledges, rents, benefices, and possessions of the same, Acts of generall Assemblie, of Councell and Parliament in favours thereof, or to the three Estates of the Kingdome, or any of them, or to us, or any of us, in our persons or estates, authoritie, jurisdiction, dignitie, rents, benefices, reputation, and good name: but on the contrarie that all such Acts and deeds above mentioned, and everie one of them, are, and shall be reputed and esteemed unjust, illegall and null in themselves, with all that hath followed or may follow thereupon.
And forasmuch as the said Assemblie doth intend (as wee are informed) to call in question, discusse, and condemne things not onelyonly in themselves lawfull and warrantable, but also defined and determined by Acts of generall Assemblie and Parliaments, and in practice accordingly, to the disgrace and prejudice of reformed Religion, authoritie of the Lawes and Liberties of the Church and Kingdome, weakning his Majesties authoritie, disgracing the profession and practice which hee holdeth in the Communion of the Church where hee liveth, and branding of Reformed Churches with the foule aspersions of Idolatrie and superstition; wee protest before God and man, That what shall bee done in this kinde, may not redound to the disgrace or disadvantage of Reformed Religion, nor be reputed a deed of the Church of Scotland.
Wee protest that wee imbrace and hold, that the Religion presently professed in the Church of Scotland, according to the Confession therof, received by the Estates of this Kingdome, and ratified in Parliament the yeare 1567. is the true Religion bringing men to eternall Salvation, and do detest all contrarie errour.
Wee protest, that Episcopall government in the Church is lawfull and necessarie: and that the same is not opposed and impugned for any defect or fault, either in the government or Governours; but by the malice and craft of the Devill, envying the successe of that government in this Church these many yeares by-past, most evident in planting of Churches with able and learned Ministers, recovering of the Church rents, helping of the Ministers stipends, preventing of these jarres betwixt the King and the Church, which in former times dangerously infested the same, keeping the people in peace and obedience, and suppressing of Poperie, which, in respect either of the number of their professors, or boldnesse of their profession, was never at so low an ebbe in this Kingdome as before these stirres.
We protest that, seeing these who for scruple of conscience did mislike the Service Book, Canons, and High Commission, which were apprehended or given forth to be the cause of the troubles of this Church, have now received satisfaction, and his Majestie is graciously pleased to forget and forgive all offences by-past in these stirres, that all the subjects of this Kingdome may live in peace and Christian love, as becommeth faithfull subjects and good Christians, laying aside all hatred, envie, and bitternesse; And if any shall refuse so to do, they may beare the blame, and be thought the cause of the troubles that may ensue: and the same bee not imputed to us, or any of us, who desire nothing more, then to live in peace and concord with all men under his Majesties obedience; and who have committed nothing against the Lawes of the Kingdome and Church, that may give any man just cause of offence; and are so farre from wishing hurt to any man, in his person or estate, notwithstanding all the indignities and injuries wee have suffered, that for quenching this present combustion, and setling peace in this Church and Countrey, wee could bee content (after clearing of our innocencie of all things wherewith wee can bee charged) not onelyonly to lay downe our Bishopricks at his Majesties feet, to bee disposed of at his Royall pleasure, but also, if so bee it pleased God, to lay downe our lives, and become a sacrifice for this attonement.
We protest in the sight of God, to whom one day we must give account, that we make use of this Declinator and Protestation out of the conscience of our dutie to God and his Church, and not out of feare of any guiltinesse, whereof any of us is conscious to himselfe, either of wickednesse in our lives, or miscarriage in our callings; being content everie one of us, for our owne particular (as wee have never showne our selves to be otherwise) to undergo the lawfull and most exact triall of any competent judicatorie within this Kingdome, or of his Majesties High Commissioner.
And we most humbly intreat his Grace to intercede with the Kings Majestie, that he may appoint a free and lawfull Generall Assemblie, such as Gods word, the practice of the Primitive Church, and Lawes of the Kingdome do prescribe and allow, with all convenient speed, to the effect the present distractions of the Church may bee setled. And if there be any thing to be laid to the charge of any of the Clergie, of whatsoever degree, either in life and manners, or doctrine, or exercise of his calling and jurisdiction, hee may bee heard to answer all accusations, and abide all triall, either for clearing his innocencie, or suffering condigne punishment, according to his transgressions: declining alwayes this Assemblie, for the causes above written: Like as by these presents, we, and everie one of us, decline the same, the whole members thereof, and Commissioners foresaid directed thereto, and every one of them.
We protest, that this our Protestation, in respect of our lawfull absence, may bee received in the name of us under-subscribing for our selves, and in the name of the Church of Scotland that shall adhere to the said Protestation, and in the name of everie one of them, from our welbeloved Dr. Robert Hamiltoun Minister at Glasford, to whom by these presents we give our full power and expresse mandate to present the same in or at the said Assemblie, or where else it shall be necessary to be used, with all submission and obedience due to our gracious Soveraigne and his Majesties high Commissioner: and upon the presenting and using thereof, acts and instruments to crave, and all other things to do that necessarily are required in such cases: firme and stable holding, or for to hold, what he, or any of them, shall lawfully do in the premises.
In witnesse whereof, as wee are readie with our bloud, so with our hand wee have subscribed these presents, at the Palace of Holy-rood-house, New-castle, and Glasgow, the 16.17. and 20. dayes of Novemb. 1638. & sic subscribitur.
Jo. Sti Andreae Arch.
Pa. Glasgow.
Da. Edinburgen.
Tho. Gallovidien.
Jo. Rossen.
Walterus Brechinen.
AFter these passages, there were read divers Protestations at Our Commissioners instance, from severall places against the lawfulnesse of this Assembly, both in regard of the Lay-Elders present in it, and the Ministers Commissioners in it chosen by Lay-Elders: One sent from many Ministers, and read publiquely, doth here follow.