Declaration Concerning the Late Tumults in Scotland, Floating text 38 – Floating text 40
The Protestation of the generall Assembly of the Church of SCOTLAND, &c. Made in the high Kirk, and at the Market Crosse of Glasgow, Novemb. 28. and 29. An. 1638.
WEE Commissioners from Presbyteries, Burghes, and Vniversities, now conveened in a full and free Assembly of the Church of Scotland, indicted by his Majestie, and gathered together in the Name of the Lord Jesus Christ the only Head, and Monarch of his own Church; And we Noblemen, Barons, Gentlemen, Ministers, Burgesses and Commons, Subscribers of the Confession of Faith, Make it knowne that where We His Majesties loyall Subjects of all degrees, considering and taking to heart the many and great innovations and corruptions lately by the Prelates and their adherents intruded into the doctrine, worship, and discipline of this Church, which had been before in great purity to our unspeakable comfort established amongst us, were moved to present many earnest desires and humble supplications to his sacred Majestie, for granting a free generall Assemblie, as the only legall and ready meane to try these innovations, to purge out the corruptions, and settle the order of the church, for the good of Religion, the honour of the King, and the comfort and peace of the Kirk and Kingdome: It pleased his gracious Majestie, out of his Royall bountie, to direct unto this Kingdome, the Noble and Potent Lord, James Marques of Hammiltoun, with Commission to hear and redresse the just grievances of the good Subjects, who by many petitions, and frequent conferences, being fully informed of the absolute necessity of a free generall Assemblie, as the only Iudicatorie which had power to remedie those evils, was pleased to undergoe the paines of a voyage to England, for presenting the pittifull condition of our Church to to his sacred Majestie; And the said Commissioner his Grace returned againe in August last, with power to indict an Assemblie, but with the condition of such prelimitations, as did both destroy the freedome of an Assembly, and could no wayes cure the present diseases of this Church which was made so clearly apparent to his Grace, that for satisfying the reasonable desire of the Subjects, groaning under the wearinesse and prejudices of longsome attendance, He was againe pleased to undertake another journey to His Majestie, and promised to indeavour to obtain a free Generall Assemblie, without any prelimitation, either of the constitution and members, or matters to be treated, or manner, and order of proceeding; so that if any question should arise concerning these particulars, the same should be cognosced, judged, and determined by the Assembly, as the onelyonly Iudge competent: And accordingly by warrant from our Sacred Soveraigne, returned to this Kingdome, and in September last, caused indict a free Generall Assemblie to be holden at Glasgow, the 21. of November instant, to the unspeakable ioy of all good Subiects and Christian hearts, who thereby did expect the perfect satisfaction of their long expectations; and the finall remedie of their pressing grievances: But these hopes were soone blasted: for albeit the Assemblie did meet and begin at the appointed day, and hath hitherto continued, still assisted with His Graces personall presence, yet His Grace hath never allowed any freedome to the Assemblie, competent to it by the Word of God, acts and practice of this Church, and his Majesties Indiction, but hath laboured to restraine the same, by protesting against all the acts made therein, and against the constitution thereof by such members, as by all law reason and custome of this Church were ever admitted in our free Assemblies, and by denying his approbation to the things proponed and concluded, though most cleare, customable, and uncontraverted.
And now since his Grace after the presenting and reading of his owne commission from our sacred Soveraigne, and after his seeing all our commissions from Presbyteries and Burghes produced and examined, and the Assembly constitute of all the members by unanimous consent, doth now to our greater griefe, without any just cause or occasion offered by us, unexpectedly depart and discharge any further meeting, or proceeding in this assemblie, under the paine of treason; and after seven dayes sitting, declare all Acts made, or hereafter to be made in this Assemblie, to be of no force nor strength; and that for such causes as are either expressed in his Maiesties former proclamations, (and so are answered in our former protestations) or set downe in the declinatour, and protestation presented in name of the Prelats, (which are fully cleared in our answer made thereto) or else were long since proponed by the Commissioner his Grace in his eleven articles or demands sent unto us, before the indiction of the Assembly (and so were satisfied by our answers, which his Grace acknowledged, by promising after the recept thereof to procure a free generall Assembly, with power to determine upon all questions, anent the members, manner, and matters thereof) all which for avoiding tediousnesse we here repeat: Or otherwise the said causes alleadged by the Commissioner, were proponed by His Grace, in the Assemblie; such as first, that the …ssemblie refused to reade the Declinatour and Protestation exhibited by the Prelats, which neverthelesse was publickly read and considered by the assemblie, immediately after the election of a Moderatour and constitution of the Members, before the which, there was no assemblie established, to whom the same could have been read: Next, that ruling Elders were permitted to have voice in the election of commissioners from Presbyteries, which was knowne to His Grace, before the indiction and meeting of the assembly, and is so agreeable to the acts and practice of this Church, in violably observed before the late times of corruption, that not one of the assembly doubted thereof, to whom by the indiction and promise of a free assembly, the determination of that question, anent the members constituent propertie belonged.
And last, that the voices of the six Assessors, who did sit with His Grace, were not asked and numbered, which we could not conceive to be any just cause of offence, since after 39. Nationall assemblies of this reformed church, where neither the Kings Majestie, nor any in his name was present, at the humble and earnest desire of the assembly, His Majestie graciously vouchsafed His presence either in His owne Royall Person, or by a Commissioner, not for voting or multiplying of voices, but as Princes and Emperours of old, in a Princely manner to countenance that meeting, and to preside in it for externall order, and if Wee had been honoured with His Majesties Personall presence, His Majestie (according to the practice of King James of blessed memorie) would have onelyonly given his owne Iudgement in voting of matters, and would not have called others who had not been cloathed with commission from the church to carry things by pluralitie of voices.
Therefore in conscience of our duty to God and his truth, the King and his honour, the Church and her liberties, this Kingdome and her peace, this Assemblie and her freedome, to our selves and our safety, to our Posterity, Persons and Estates, We professe with sorrowfull and heavie, but loyall hearts, That We cannot dissolve this Assemblie, for the reasons following.
1. For the reasons already printed anent the necessity of conveening a Generall Assemblie, which are now more strong in this case, seeing the Assemblie was already indicted by his Majesties authority, did conveene, and is fully constitute in all the members thereof, according to the Word of God, and discipline of this church, in the presence and audience of his Majesties Commissioner▪ who hath really acknowledged the same, by assisting therein seven dayes, and exhibition of His Majesties Royall Declaration, to be registrate in the Bookes of this Assemblie, which accordingly is done.
2. For the reasons contained in the former Protestations made in name of the Noblemen, Barons, Burgesses, Ministers, and Commons, whereunto We doe now iudicially adhere, as also unto the Confession of Faith & covenant, subscribed & sworn by the Body of this Kingdome.
3. Because as We are obliged by the application and explication subioyned necessarily to the Confession of Faith subscribed by VsUs; So the Kings Maiestie, and his Commissioner, and Privie Councell, have urged many of this Kingdome to subscribe the Confession of Faith made in an. 1580. and 1590. and so to returne to the doctrine and discipline of this Church, as it was then professed: But it is cleare by the doctrine and discipline of this Church, contained in the book of Policie then registrate in the books of Assemblie, & subscribed by the Presbyteries of this Church; That it was most unlawfull in it selfe, and preiudiciall to these priviledges which Christ in his Word hath left to his Church, to dissolve or breake up the Assemblie of this Church, or to stop and stay their proceedings in constitution of Acts for the welfare of the Church, or execution of discipline against offenders; and so to make it appeare, that Religion and Church-government should depend absolutely upon the pleasure of the Prince.
4. Because there is no ground of pretence either by Act of Assemblie, or Parliament, or any preceding practice, whereby the Kings Maiestie may lawfully dissolve the Generall Assemblie of the Church of Scotland, far lesse His Maiesties Commissioner, who by his commission hath power to indict and keep it, secundùm legem & praxim: But upon the contrarie, His Maiesties prerogative Royall, is declared by Act of Parliament, to be no wayes preiudiciall to the priviledges and liberties, which God hath granted to the spirituall office-bearers, and meetings of this Church; which are most frequently ratified in Parliaments, and especially in the last Parliament holden by His Maiestie himself: which priviledges and liberties of the Church, his Maiestie will never diminish or infringe, being bound to maintain the same in integritie by solemn oath given at his Royal Coronation in this Kingdome.
5. The Assemblies of this Church have still inioyed this freedome of uninterrupted sitting, without or notwithstanding any contramand, as is evident by all the Records thereof; and in speciall by the generall Assembly holden in anno 1582. which being charged with letters of Horning by the Kings Majestie his Commissioner and Councell, to stay their processe against Master Robert Montgomerie, pretended Bishop of Glasgow, or otherwise to dissolve and rise, did notwithstanding shew their liberty and freedome, by continuing and sitting still, and without any stay, going on in that processe against the said Master Robert, to the finall end thereof: And thereafter by letter to his Majestie, did shew clearly, how far his Majestie had been uninformed, and upon misinformation, prejudged the prerogative of Jesus Christ, and the liberties of this Church, and did inact and ordain, that none should procure any such warrant or charge under the pain of excommunication.
6. Because now to dissolve, after so many supplications and complaints, after so many reiterared promises, after our long attendance and expectation, after so many references of processes from Presbyteries, after the publick indiction of the Assemblie, and the solemn Fast appointed for the same, after frequent Convention, formall constitution of the Assemblie in all the members thereof, and seven dayes sitting, were by this act to offend God, contemne the Subjects petitions, deceive many of their conceived hopes of redresse of the calamities of the Church and Kingdome, multiply the combustions of this Church, and make every man despair hereafter ever to see Religion established, Innovations removed, the Subjects complaint respected, or the offenders punished with consent of authority, and so by casting the Church loose and desolate, would abandon both to ruine.
7. It is most necessary to continue this Assembly for preveening the prejudices which may ensue upon the pretence of two Covenants, whereas indeed there is but one, That first subscribed in 1580 and 1590 being a Nationall covenant and oath to God; which is lately renewed by VsUs, with that necessary explanation, which the corruptions introduced since that time contrary to the same, inforced: which is also acknowledged by the Act of councell in September last, declaring the same to be subscribed, as it was meaned the time of the first subscription: And therefore for removing that shame, and all prejudices which may follow upon the show of two different covenants & confessions of Faith in one Nation, The Assemblie cannot dissolve, before it trie, find and determine, that both these covenants, are but one and the self same covenant: The latter renewed by us, agreeing to the true genuine sense and meaning of the first, as it was subscribed in Anno 1580.
For these and many other reasons, We the Members of this assemblie, in our owne name, and in the name of the Kirk of Scotland, whom We represent; and We Noblemen, Barons, Gentlemen, Ministers, Burgesses, and Commons before mentioned, doe solemnly declare in the presence of the everliving God, and before all men; And protest,
1. That our thoughts are not guilty of any thing which is not incumbent to us, as good Christians towards God, and loyall Subjects towards our sacred Soveraigne.
2. That all the Protestations generall or particular, proponed or to be proponed by the commissioner his Grace, or the Prelates and their adherents, may be presently discussed before this generall Assemblie, being the highest Ecclesiasticall judicatorie of this kingdome:Intolerable presumption and that his Grace depart not till the same be done.
3. That the Lord commissioner depart not, till this Assemblie doe fully settle the solide peace of this church, cognoscing and examining the corruptions introduced upon the doctrine and discipline thereof: and for attaining hereof, and removing all just exceptions which may be taken at our proceedings, we attest GOD the searcher of all hearts,Most false. that our intentions, and whole proceedings in this present assemblie, have beene, are, and shall be according to the word of GOD, the lawes and constitutions of this church, the confession of faith; our nationall oath, and that measure of light, which GOD the father of light shall grant us, and that in the sincerity of our hearts, without any preoccupation or passion.
4. That if the Commissioner his Grace depart, and leave this church and kingdome in this present disorder, and discharge this assemblie, that it is both lawfull and necessarie for VsUs to sit still and continue in keeping this present Assemblie, indicted by His Majestie, till we have tryed, judged, censured all the bygone evils, and the introductors, and provided a solide course for continuing Gods truth in this land with purity and liberty, according to his Word, our oath and Confession of Faith, and the lawfull constitutions of this Church; and that with the grace of God, We and every one of VsUs adhering hereunto, shall sit still and continue in this Assemblie, till after the finall setling and conclusion of all matters, it be dissolved by common consent of all the members thereof.
5. That this Assemblie is and should be esteemed and obeyed, as a most lawfull, full and free generall Assembly of this Kingdome: And that all acts, sentences, constitutions, censures and proceedings of this Assemblie, are in the selfe, and should be reputed, obeyed, and observed by all the subjects of this Kingdome and members of this Church, as the actions, sentences, constitutions, censures, and proceedings of a full and free generall Assembly of this Church of Scotland, and to have all ready execution, under the Ecclesiasticall paines contained, or to bee contained therein, and conforme thereto in all points.
6. That whatsoever inconvenience fall out, by impeding, molesting, or staying the free meeting, sitting, reasoning, or concluding of this present Assembly, in matters belonging to their judicatorie, by the word of God, lawes and practice of this Church, and the Confession of Faith, or in the observing and obeying the acts, ordinances and conclusions thereof, or execution to follow thereupon, That the same be not imputed unto us, or any of us, who most ardently desired the concurrence of his Majesties Commissioner to this lawfull Assembly; But upon the contrary, that the Prelats and their adherents, who have protested and declined this present Assemblie, in conscience of their owne guiltinesse, not daring to abide any legall tryall, and by their mis-information have moved the Commissioner his Grace to depart and discharge this Assemblie, be esteemed, repute, and holden the disturbers of the peace, and overthrowers of the liberties of the Church, and guiltie of all the evils which shall follow hereupon, and condignely censured according to the greatnesse of their fault, and Acts of the Church and Realme: And to this end, wee againe and again doe by these presents cite and summon them, and everie one of them, to compeere before this present generall Assembly, to answer to the premises, and to give in their reasons, defences, and answers against the complaints given in, or to bee given in against them, and to heare probation led, and sentence pronounced against them, and conforme to our former cytations, and according to Justice, with certification as effeirs; Like as by these presents we summon and cyte all those of his Majesties Councell, or any other, who have procured, consented, subscribed, or ratified this present Proclamation to be responsable to his Majesty and three Estates of Parliament, for their counsell given in this matter, so highly importing his Majestie, and the whole Realme, conforme to the 12. Act. King James 4. Parliament 2. And protest for remedy of law against them, and every one of them.
7. And lastly wee protest, that as we adhere to the former protestations all and every one of them, made in the name of the Noblemen, Barons, Gentlemen, Ministers, Burghes, and Commons; So seeing wee are surprised by the Commissioner his Graces sudden departing, farre contrary to his Majesties indiction, and our expectation, we may extend this our protestation, and adde more reasons thereunto in greater length and number, whereby wee may fully cleare before God and man the equitie of our intentions, and lawfulnesse of our proceedings: And upon the whole premises the foresaid persons for themselves and in name aforesaid, asked Instruments. This was done in the high Church of Glasgow in publike audience of the Assembly, begun in presence of the Commissioner his Grace, who removed and refused to heare the same to the end, the twenty eighth day of November: and upon the Mercate Crosse of Glasgow, the twentie ninth day of the said MonethMonth, the yeere of God 1638. respective.
THe Reader shall not need to looke after much reason in this protestation; for if he doe, he will be sure to lose his labour. Much is repeated in it, of that which hath beene delivered in their former petitions and protestations; all which shall now be passed by, what is new in it, the Reader shall doe well to cast his eye upon that, taking along with him this advertisment, That there is little or indeed nothing in it new, which is true. Towards the beginning you finde the Protestation made, not onelyonly in the name of the generall Assembly, but in the name of the Noblemen, Barons, Gentlemen, Ministers, Burgesses, and Commons, Subscribers of the Confession of Faith: Now how this Protestation could be made at Glasgow in their names, who at that time neither were acquainted nor possibly could be acquainted with what passed at Glasgow, being in the severall parts of the Kingdome so farre distant from it, and many parts having no Commissioners there, except those that were in the Assembly, Wee leave it to the Readers consideration. They affirme not many lines after, That it was made cleare to Our Commissioner, that the Assembly which hee meant to indict in August, was clogged with such prelimitations, that he undertooke another journey to Us, and promised to endeavour to obtaine a free generall Assembly without any prelimitation, &c. All which is so farre from truth, as nothing can be more; for he did never desire the Assembly to be prelimited; for they themselves by their instructions both publique and private did prelimitate it, he did onelyonly desire, that (according to the usuall custome before Assemblies) some previous meeting and consultation might be held concerning the formes of the Assembly; which might very well have been forgot, there having been no Assembly held for many yeeres before. Againe, in the last words at the end of the first section, one would wonder how any man could have the boldnesse to affirme, That this their Assembly was constituted of such members, as by all law, reason, and custome of that Church were ever admitted in their free Assemblies, since they in their owne conscience doe know, that there is no law extant for lay-Elders having voice in generall Assemblies: And if there be no law for it, We appeale to the judgement of every man indued with reason, whether there can bee any reason found for it, and whether if such a proposition were to be propounded, and to passe into a law, he would give his voice unto it if he had power so to do, That lay-men (especially many of them, being ignorant and mechanicall persons) should sit in the highest Ecclesiasticall Judicatorie, and by their voices determine points of faith, and other highest points of doctrine, and to inflict the highest censures of the Church, even excommunication and deprivation, not onelyonly of Ministers, but of Bishops, especially when in an Assembly the number of the lay-voices shall be equall or very neere equall to those of the Clergie, So that it may fall out, that the voices of the lay-men, having the voices but of twenty or thirty Clergie men concurring with them in opinion, may carrie the determination of the highest point of doctrine against the rest of the Clergie, and those perhaps the holiest, ablest, and most learned, though their number exceed a hundred. Sure if such a proposition were to be past into a law, few voices would be found to enact it; and therefore if there be no law for it already (as undoubtedly there is none) they might have done well not to have talked of reason for it: And that which they averre of the custome of that Church, is as untrue as what they said either of law or reason: for We demand if there have been never a free Assembly in Scotland these last forty yeeres? Sure they will confesse there hath been; and yet in none of these, lay-Elders chosen by and sent from Presbyteries had voices in these Assemblies: nay, since the first Reformation, hath there been any free generall Assembly in that Kingdome? No question they will say there hath; and yet We challenge them to name but any one Assembly before this, in which the Ministers chosen Commissioners to it from the severall Presbyteries, were chosen by the voices and suffrages of lay-Elders: so that for that point it is impossible they should alledge either law, reason, or custome, or so much as any one instance; and yet the elections of all the Ministers present at this Assembly were carried by the voices of lay-men, and in many places in despite of the Ministers.
A little after the beginning of the second section they doe affirme that which they themselves doe know not to be so; for when they say that Our Commissioner did unexpectedly depart and discharge any further meeting or proceeding in this Assembly, how can that stand with the words of the Earle of Rothes, who when Our Commissioner was rising and departing out of the assembly, told him, that his departure and discharging of the assembly was a thing not unlooked for, but expected by them; and therefore they were provided for him, and had a Protestation ready written against his discharging of the assembly, which he desired him to heare (as is before mentioned?) But Our Commissioner refusing, the Clerke presently begun to reade it, and Our Commissioner and Councell at their departure left them reading it; and after his departure it was read out to the end, and presently put to voices whether all the members of the assembly would adhere to it; and the very Title page of their Protestation affirmeth, that it was first read in the high Church, and afterward at the Market-Crosse of Glasgow: Besides, the Moderatour made a speech to Our Commissioner upon his departure, which none of the auditors did conceive to bee extemporarie; for when it was compared with any other speeches of his, delivered at any other time of the Assembly, it was agreed that it was so much better penned or premeditated and delivered then any of the rest of his speeches, that certainly it was provided against Our Commissioners departure; and yet these men protest, that Our Commissioners departure and discharging of the Assembly was to them altogether unexpected, when they knew that they had carried themselves, and meant to carry themselves so, that it was impossible but that he should discharge the Assembly. A great marke of the sinceritie of their proceedings.
That which immediately after they adde, That they have fully cleared in their answer to the Bishops Declinator all the arguments contained in it against the assembly, as also those propositions made by Our Commissioner in his 11. Articles or Demands, sent unto them before the indiction of the Assembly, and that Our Commissioner acknowledged so much, is all of equall untruth with the former; for neither have they satisfied the Bishops reasons propounded in their Declinator, nor gave they any satisfaction to Our Commissioner his eleven Articles or Demands: and that Our Commissioner acknowledged that hee had received satisfaction to them is so manifest an untruth, as they themselves doe know there is no colour for it: They affirme within a few lines after, that Our Commissioner did know, before the indiction of the Assembly, that ruling Elders were to have voices in the election of Commissioners from Presbyteries: He did know it indeed, but could not tell how to helpe it; and so soone as he did know it, which was immediately before the indiction of the Assembly, he did sharply expostulate it with them, and assured them, that it would induce a nullitie upon the elections made to the Assembly; That We would never allow any for members of the Assembly who were so chosen; That he had notice of this their intention by the complaints of many covenanting Ministers, who were resolved to protest against all such elections, but that he did know of any such elections with approbation of them, cannot be charged upon him. And whereas they say, that these elections are agreeable to the Acts and practice of that Church, they have received already a sufficient challenge to make that good, which undoubtedly they cannot: And where they adde, that not one of the Assembly doubted thereof, it is well knowne that some of the Ministers of Edinburgh, and many more Ministers of the Assembly did grieve at it, but did not know how to remedy it.
The whole third Section is so derogatorie to Our Royall authoritie, and indeed doth so unworthily debase the authoritie of Monarchs, as it is not to be answered any way but by justice: for it giveth no more power to Us, if We had beene present and sitting at the Assembly at Glasgow, then Thomas Patterson a Taylor of Edinburgh had, who sate Commissioner there.
After, they subjoine some reasons for their Protestation: In the first, they affirme that the Assembly was constituted by the word of God; but they doe not prove it, and sure never will. Then they affirme, that Our Commissioner acknowledged the lawfulnesse of their Assembly, by assisting therein seven dayes; but they conceale that he solemnely protested, and entred his particular Protestation against every thing they said or did in it; and if hee who protesteth against a thing, may be said to acknowledge the lawfulnesse of it, then it may be that they themselves doe acknowledge the justice and equitie of all Our Proclamations, and Our power and authoritie in discharging of this Assembly, notwithstanding all their Protestations made against these. And for Our Commissioner his exhibition of Our Royall Declaration to be registred in the Bookes of this Assembly, let the Reader remember the Protestation before mentioned, which Our Commissioner made when he did so, and that scruple is quickly removed.
Their second and third reasons are of their owne fancies: They have lately sworne so, and to that sense they have explicated their Covenant, therefore it must be so: But they did wrong in both, and therefore none must follow them in either, for every Oath unlawfully taken is unlawfully kept.
Their fourth reason hath not one true word in it; for there is Law for Our authoritie to dissolve the Assembly, there being an expresse Act of Parliament which giveth Us the sole power of indicting of an Assembly, viz. the first act of the 21. Parliament of Our Royall Father: and sure, ejusdem est destituere cujus est instituere, whosoever hath the power of indicting hath the power of dissolving. They adde that there is no preceding practice for it. We wonder they can or dare affirme it: Did not Our Royall Father discharge that Assembly at Aberdene? and when some few turbulent Ministers did notwithstanding hold it, were they not convented before the Lords of his Councell for it? who undoubtedly had punished them most severely, if by their declining of the Councells authoritie, and appealing to a Generall Assemblie, they had not falne into an act of treason, and so by Our Councell were turned over to the Judges in criminall causes; before whom, by a Jurie or Assise, they were found guiltie of treason, for that act of declining Our Royall Father and his Councells authoritie, all which we touched a little before. And that by clayming Our power to indict or dissolve the Assemblies of the Church, We doe infringe the priviledge and liberties of the Church, or doe any act not consistent with the Oath which We took at Our Coronation in that Kingdome, as is suggested in this fourth reason, is most falsly and most seditiously affirmed, onelyonly for drawing away of the hearts of Our good subjects from Us and our government. The Act of Parliament for Our sole power of indicting Assemblies here followeth.
A ratification of the Acts and conclusions set down and agreed upon in the generall Assembly of the Church, kept in Glasgow in the month of June 1610. together with an explanation made by the Estates, of some of the Articles of the same. CHAP. I.
The act is long and hath many branches, We only recite two: First, it confirmes that Act of the Assembly, which acknowledgeth the indiction of the general Assemblie of the Church, to appertaine to his Majestie by the prerogative of his Royall Crowne: and in the last branch of the act, Our Royall Father and the three Estates doe annull and rescind the 114. Act of the Parliament held in Anno 1592 which did give some power to the generall Assemblie, in some cases, of themselves to indict a new Assemblie.
Their fifth reason conteineth an instance of an Assemblie that would not stay a Processe which they had intended against Archbishop Montgomerie the Archbishop of Glasgow, nor yet dissolve it selfe, notwithstanding they were charged by Our Royall Father and his Councell with Letters of Horning and Rebellion to doe one of the two: An excellent argument, Because one Assembly did wickedly, and that which they could not doe, we must doe so likewise; as if many yeeres hence, an Assembly being charged by one of Our Successours to dissolve, should not obey, but alledge for their defence, That this Assembly of Glasgow would not dissolve it selfe, notwithstanding the members thereof were charged by Us to doe so under paine of treason; as if one unjust act could justifie another. But they should doe well to remember, that those who did but offer to hold an Assembly at Aberdene, after it was discharged by Our Royall Father, were first convented before his Councell, and afterwards severely punished for it.
In their sixth reason there is no Reason to be found.
In their seventh reason they alledge, that they cannot rise untill they have found Our Covenant and theirs to be all one. If by their Covenant they meane the Confession of Faith and Covenant annexed, which was first injoyned by Our Royall Father, and twice afterward by his authoritie renewed▪ then they needed not to have sit one houre longer for finding of that; for any man that can read may finde the words and syllables of both, to be the very same without the least alteration: But if by their Covenant they doe understand their explications, additions, and glosses which destroy and corrupt the verie text of the first Covenant, then certainly they should not have risen yet, nor could have risen untill the end of the world; for they will never finde that these corrupt glosses, & apocryphall additions of their owne, can consist with Our Royall Father his Confession and Covenant, upon which they pretend they ground their owne. Besides, as shall presently appeare, they have discharged all men to subscribe the Confession and Covenant commanded by Our authority; which Wee suppose they would not have done if they had found them to be one; and therefore if they be men of their words, they should have sate still and not risen yet, because as yet they have not found them to be one.
After their seven reasons they adde seven protestations of the same piece with their reasons: The first, third, fourth, and fifth are not worth the reading, for they conteine nothing but their usuall tautologies and taking the sacred name of God in vaine. In the second, and latter end of their sixth reason, their is so much boldnesse expressed, as could never have beene expected from any men who had been acquainted with the names of King, Law, Authoritie or Government: For who ever heard that subjects durst require their Kings Commissioner not to depart out of the Assembly, when he himselfe had pleased, although he had not been commanded by Us so to doe? what greater command could they have laid upon the meanest member of the Assembly then this, by which they affronted Our Commissioner and in him Us and Our authoritie? But their cytation of Our Councell, who signed Our Proclamation, to appeare as offenders before Us and Our three Estates of Parliament, (which by the way Wee wonder how they can bee made up without Bishops) and to answer the subscription of Our Proclamation as a crime, is a boldnesse that calleth more for admiration then refutation. They cyte for this their doing the twelfth act of the second Parliament of Our Royall Progenitor James the fourth. Wee wondered that in his dayes there should bee any warrant found for the allowing the members of a generall Assembly in any thing, in whose time a generall Assembly had no existence: but when we looked upon the act, We wondered much more; for there is not so much as any word to bee read there, which can bee drawne to any shew of construction that way. That act attributeth rather too much to Privie Councellours, then diminisheth them; so that upon perusall of the act, We were almost inforced to excuse them, and lay the fault upon the Printer, who had mistaken the cytation, untill Wee remembred that in their cytations both of other acts of Parliament, and many passages of holy Scripture, they are as farre out as in this, hoping (belike) that the Reader would never peruse them. That which they affirme about the middle of the sixth Protestation, that the Prelates moved Our Commissioner to dissolve the Assembly, We must averre upon Our owne knowledge to be farre otherwise; for he did it by Our speciall commandement, when none of the Prelates were neere Us to give Us any such advice. Their seventh protestation is usuall with them, and therefore now not to be taken notice of.
And now when the Reader hath perused both Our Proclamation for the dissolving of that Assembly, and their Protestation against that Our Proclamation, and hath well weighed all the precedent first violences, and then jugglings for their obtayning of such persons onelyonly to be elected, as should be sure to stand for such conclusions as they had resolved upon at their Tables at Edinburgh, We doe leave it to the judgement of every man to consider whether Wee could any longer continue that Assembly without indangering Our owne Royall authoritie, which they intended to supplant, and betraying into the hands and power of their sworne and combined enemies the Bishops of that Church, who never declined, nor yet doe decline the tryall of a generall Assembly lawfully constituted.
They did long call for a free generall Assembly; Wee granted them one most free on Our part, and in Our intentions: But as they have handled and marred the matter, let God and the World judge whether the least shadow or footstep of freedome can in this assembly of theirs be discerned by any man who hath not given a Bill of divorce both to his naturall light, that is, his Understanding, and to his connaturall light, that is, his Conscience. It is a great errour to conceive, that libertie and limitation are destructive one of another: for that freedome which admitteth no bounds and limits, is not libertie but licentiousnesse: When therefore they talked of a free generall assembly, We tooke it as granted that they meant not an assembly in which every one both in the necessarie preparations preceding it, and in the necessarie proceedings in it, might say and doe what hee would; but such an assembly, in which no man having interest, should bee barred either in the precedings to it, or proceedings in it, of that libertie which the lawes or customes of that Kingdome and Church in which that assembly was convocated, doe allow him: which two bounds whosoever shall transgresse, though they pretend libertie and freedome, yet in all true intendment & construction, they must be taken either for professed & common, or clandestine enemies to the freedome of that assembly. What wresting and wringing was used in their last Protestation made at Edinburgh, to charge Our gracious Proclamation with prelimitations, is knowne; and it was detested by many even of their owne Covenant. Whether their courses, especially in the elections of the members of this assembly, were not onelyonly prelimitations of it, but strong barres against the freedome of it, and such as did utterly destroy both the name and nature of a free assembly, inducing upon it many and maine nullities, besides the reasons contained in the Bishops Declinator, let these few particulars declare.
First, whereas they refused so much as to heare from Our Commissioner of any precedent treatie for repairing and right ordering of things before the Assembly, alledging that it could not be a free Assembly where there was any consultation before, either concerning the chusers, or those to bee chosen, or things to be discussed in the Assembly, but that all things must be treated of upon the place, else the Assembly must needs be prelimitated. Whether they did not transgress in all these particulars is easie to bee discerned: For besides these instructions, which it may bee are not come to Our knowledge, We have seen, and Our Commissioner at the Assembly did produce foure severall papers of instructions, sent from them, who call themselves the Table, all of them containing prelimitations, and such as are repugnant not onelyonly to that which they called the freedome, but to that which is indeed the freedome of an Assembly: Two of these papers were such as they were content should be communicated to all their associates, viz. that larger paper sent abroad to all Presbyteries, before or about the time of Our indiction of the Assembly; and that lesser paper, for their meeting first at Edinburgh, then at Glasgow some few daies before the Assembly, and for chusing of assessors; These two papers Our Commissioner delivered not into the assembly, because they did publiquely avow them: But their other two papers of secret instructions were directed, not from the Table publiquely, but under-hand, from such as were the prime Leaders of the rest; The one of them was delivered or sent onelyonly to one Minister of every Presbyterie whom they trusted most, and was onelyonly to be communicated to such as hee might be confident of, and was quite concealed from the rest of the Ministers, although Covenanters: The other paper was directed onelyonly to one lay-Elder of every Presbyterie, to be communicated as hee should see cause, and to be quite concealed from all others: These are the two papers which before you heard were delivered by Our Commissioner into the assembly, and they did containe directions, which being followed (as they were) did banish all freedome from this assembly; as doth appeare before by the reading of the papers themselves.
The second: Some Presbyteries did chuse their Commissioners before the assembly was indicted, and therefore those Commissioners could not lawfully have any voice there.
The third: Neither lay-Elder, nor Minister chosen Commissioner by lay-Elders, could have voice in the assembly, because such elections are not warranted by the lawes of that Church and Kingdome, nor by the practice and custome of either; for even that little which seemeth to make for their lay-Elders, is onelyonly to be found in these bookes, which they call the bookes of Discipline, which were penned by some private men, but never confirmed either by Act of Parliament, or Act of generall assembly; and therefore are of no authoritie: And yet in these elections they did transgresse even the rules of these bookes, there being more lay-Elders who gave voices at every one of these elections, then there were Ministers; contrarie to their bookes of Discipline, which require that the lay-Elders should alwaies be fewer. But say there were an Ecclesiasticall order or law for these lay-Elders, yet the interruption of that order for above fortie yeeres, maketh so strong a prescription in that Our Kingdome against it, as that without a new reviving of that law by some new order from the generall assembly, it ought not againe to have been put in practice: For if We should put in practice and take the penalties of many dis-used lawes, without new intimation of them, it would bee thought by Our subjects hard usage.
The fourth: In many Presbyteries these lay-Elders disagreed wholly in their election from chusing those Ministers whom their owne fellow-Ministers did chuse, and carried it from them by number of voices, although in all reason the Ministers should best know the abilities and fitnesse of their brethren.
The fifth: These men elected as lay-Elders to have voices in this assembly, could not be thought able and fit men, since they were never Elders before, all or most of them being newly chosen; some of them were chosen lay-Elders the very day before the election of the Commissioners to the assembly, which sheweth plainly they were chosen onelyonly to serve their associates turne.
The sixth: Since the institution of lay-Elders by their own principles is to watch over the manners of that people in that Parish wherein they live, how can any man bee chosen a Ruling-Elder from a Presbyterie, who is not an inhabitant within any Parish of the precinct of that Presbyterie? And yet divers such, especially Noblemen, were chosen as lay-Elders Commissioners from Presbyteries, within the precincts whereof they never were inhabitants, against all sense or reason, even upon their owne grounds.
The seventh: They can shew neither law nor practice for chusing assessors to the Ruling-Elders, without whose consent they were not to give voice to any thing in the assembly.
The eight: The introducing of lay-Elders is a burthen so grievous to the Ministers, as that many Presbyteries did protest and supplicate against them, and many Presbyteries (though they were in a manner forced to yeeld to it then) yet did protest against it for the time to come.
The ninth: In the election of Commissioners to this assembly, for the most part the fittest men were passed by, and few chosen who ever were Commissioners at any assembly before: the reason was, they conceived that new men would not stand much for their owne libertie in an assembly, of the liberties whereof they were utterly ignorant: Besides, some were chosen who were under the censures of the Church, some who were deprived by the Church, some who had been expelled out of the Universitie for reading to their Scholars against Monarchicall government, some who had been banished out of that Kingdome for their seditious Sermons and behaviour, some who for the like offences had been banished out of Ireland, some who were then lying under the sentence of excommunication, some who then had no ordination or imposition of hands, some who had lately been admitted to the Ministerie, contrarie to the standing lawes of that Church and Kingdome, and all of them were chosen by lay-Elders: Now what a scandall were it to the Reformed Churches, to allow this to be an assembly, which did consist of such members, and so irregularly chosen?
The tenth: Divers members of this Assembly, even whilst they sate there, were Rebels, and at Our Horne; and so by the lawes of that Our Kingdome uncapable of sitting as Judges in any Judicatorie.
The eleventh: Three oathes were to bee taken by every member of this Assembly: the oath to the confession of faith lately renewed by Our commandement, the oath of Allegeance, the oath of Supremacie, any of which three oathes whosoever shall refuse, cannot sit as a Judge in any Court of that Kingdome; and yet none of all these three oathes were sworne by any member of this Assembly.
Besides these nullities of this Assembly, what indecencie and rudenesse was to be discerned in it? not so much as the face of an Ecclesiasticall meeting to bee seen, not a gowne worne by any member of it, unlesse it were by one or two Ministers who lived in the Towne, the appearance in a manner wholly Laicall▪ amongst the members of it were seven Earles, ten Lords, fortie Gentlemen, one and fiftie Burgesses; many of them in coloured clothes, and swords by their sides, all which did give voices not onelyonly in very high points of controversie (which We are sure very many of them did not understand,) but also in the sentences of excommunication pronounced against the Bishops and others: Nay and more, all things in the Assembly carried by the sway of these lay-Elders, insomuch that all the time which Our Commissioner stayed in the Assembly, it was a very rare thing to heare a Minister speake; for there was one Earle and one Lord who spake farre more then all the Ministers, except the Moderatour. And in the Assembly every thing which was put to voices, was so clearly discerned to have been resolved amongst themselves before by a palpable pre-agreement, that it was very tedious to the auditors to heare the List of the Assembly called, when the conclusion of it was knowne to them all, after the hearing of his voice who was first called; which made some present to envie no member of the Assembly but one, whose fortune it was ever to bee first called, his name being set downe first in the List; his name was Master Alexander Carse Minister of Polwart, one of the Commissioners from the Presbyterie of Dunce: For if the Acts of this Assembly should come out in Latine, and bee thought worth any thing in the Christian world, and withall it should be expressed that the List of the members of it was called to the passing of every Act, and his name should ever be found to be the first, there was never a Father nor Bishop, whose name is in any of the Greeke or Latine Councells, so famous as this man should now be: for hee would be taken for a man of an unparalleled judgement both for soundnesse and profoundnesse, from whose judgement not one of the whole Assembly (except one, and that but once) did ever swerve in the least particular; for as he begun, all the rest did constantly follow.
All these things being well considered, what hope could bee conceived of any good, either for the Church or Kingdome, from an Assembly thus miserably constituted? And therefore We resolved to dissolve it, as knowing that it would make that Church and Kingdome ridiculous to the whole World, especially to the adversaries of Our Religion; that it would both grieve and scandalize all the other Reformed Churches, and make Our Justice to bee universally traduced, if We should have suffered the Bishops Our subjects, in that which concerned their callings, their reputations and fortunes, to be judged by their sworne enemies thus prepapared against them.
After Our Commissioners departure from Glasgow, they still continued their Assembly notwithstanding Our dissolving it by Proclamation under paine of treason: And then immediately the Earle of Argyle, who indeed all this while had beene the heart of their Covenant, begun to declare himselfe openly to be the head of it; for he presently adjoined himselfe to them, sate continually with them in the assembly, although he were no member of it, nor had suffrage there, but sate onelyonly as their chiefe director and countenancer, and indeed like Our Commissioner.
It was not to be expected that after We had dissolved the assembly, they would observe any greater moderation in their proceedings then they had done before: nor did they indeed; for all things passed in a hudling confusion, nothing argued publikely, but every particular referred to some few Committees, who were the most rigidest they could pick out of the whole packe: what they resolved on, was propounded presently to the assembly, swallowed downe without further discussing; Mr Alexander Carse was called up, what he said first all the rest said the same. In one houre they declared six generall assemblies to be null and void, though two of them were then and are still in force by severall acts of Parliament, and divers acts of the other foure are ratified and confirmed by Parliament. In another houre they condemned, upon the report of a few Ministers, all the Arminian tenets (as they call them) and, under that name, many things received by all the Reformed Churches: a strange way, to condemne the Arminian tenets without defining what those tenets were. In another houre, they deprived the Archbishop of Saint Andrewes, the Bishops of Galloway and Brechen, and so at other times all the rest of the Bishops, many of whom they likewise excommunicated: where it is observable, that in the printed acts of this their (now after Our dissolving of it) pretended assembly, the acts of the depositions of the Bishops beare no such odious crimes, as they had made Our people beleeve they were guilty of in that infamous libell which they caused to be read in the Pulpits against them; for proofe whereof We have caused one of their sentences of deposition to be here inserted, whereby it may be seene that not so much as one witnesse was examined, nor offered to be produced against them for any one of those fearfull crimes with which they were slandered in the libell, but were onelyonly deposed for their obedience to acts of Parliaments and generall assemblies.
Sentence of deposition against Mr John Guthrie pretended Bishop of Murray; Mr John Grahame pretended Bishop of Orknay; Mr James Fairly pretended Bishop of Lismoir; Mr Neil Campbell pretended Bishop of Isles.
THe generall Assembly having heard the libels and complaints given in against the foresaids pretended Bishops, to the Presbytery of Edinburgh, and sundry Presbyteries within their Diocesse, and by the saids Presbyteries referred to this Assembly to be tried: The said… pretended Bishops being lawfully cyted, oftentimes called, and not compearing, proceeded to the cognition of the complaints and libels against them; and finding them guiltie of the breach of the cautions agreed upon in the Assembly at Montrose Anno 1600. for restricting of the Minister voter in Parliament, from incroaching upon the liberties and jurisdictions of this Kirk, which was set downe with certification of deposition, infamie, and excommunication; and especially for receiving consecration to the office of Episcopacie, condemned by the Confession of Faith, and Acts of this Kirke, as having no warrant nor foundament in the word of God; and by vertue of this usurped power, and power of the high Commission, pressing the Kirke with novations in the worship of God; and for their refusall to underlye the triall of the reigning slander of sundry other grosse transgressions and offences laid to their charge: Therefore the Assembly, moved with zeale to the glorie of God, and purging of this Kirke, ordaines the saids pretended Bishops to be deposed, and by these presents doth depose them, not onelyonly of the office of Commissionarie to vote in Parliament, Councell, or convention in name of the Kirke; but also of all functions, whether of pretended Episcopall or ministeriall calling: And likewise in case they acknowledge not this Assembly, reverence not the constitutions thereof, and obey not the sentence, and make not their repentance, conforme to the order prescribed by this Assembly, ordaines them to be excommunicated, and declared to be of these whom Christ commandeth to be holden by all and every one of the faithfull as Ethnicks and Publicans: and the sentence of excommunication to be pronounced upon their refusall, in the Kirks appointed, by any of these who are particularly named, to have the charge of trying their repentance or impenitencie, and that the execution of this sentence be intimate in all the Kirkes within this Realme, by the Pastours of every particular congregation, as they wil be answerable to their Presbyteries and Synods, or the next generall Assembly, in case of negligence of the Presbyteries and Synods.
IN another houre they declared Episcopall government to be inconsistent with the lawes of that Church and Kingdome, and so abolished it for ever, though it did then, and doth still stand confirmed by many Acts both of Parliaments and Assemblies: they deprived the Ministers, whose hands were at the Protestations against lay-Elders and elections made by them: some Ministers they deprived for Arminianisme; a course never heard of in any place where any rule of justice was observed, that a Minister should be deprived for holding any tenet which is not against the doctrine of that Church wherein he liveth, and that before it be prohibited and condemned by that Church: Now there is nothing in the confession of that Church against these tenets. At the Synod of Dort no man was censured for holding any doctrine against the conclusions of it, before the Synod had determined against them, nor was hee to bee censured for any thing he had preached or printed, before that Synod did tender unto him their Canons to be subscribed: But at Glasgow no such course was taken, but Ministers were deprived without so much as ever being once asked the question whether they held any such opinion; or if they did, whether they would now recall their opinions, and conforme their judgements to the judgement of the Assembly in these points. Some of their Ministers being asked the question, With what conscience or justice they could deprive their brethren for holding opinions not condemned by that Church, who perhaps after their Church had condemned them, out of their love to the peace of their Church would have forborne any further medling with them; They returned this weake answer, That these tenets were condemned by that Church under the generall name of Poperie: But they could make no answer when it was told them, That certainly these tenets could not be counted Popish, concerning which, or the chiefe of which, as learned Papists as any in the World, viz. the Dominicans and Jesuites did differ as much as the Protestants did; and that those who doe adhere to the Augustan confession, did hold that side of these tenets which the Arminians doe hold, and yet they were very far from being Papists, being the first Protestants; and therefore it was against all sense to condemne that for Poperie, which was held by many Protestant Churches, and rejected by many learned Papists. But all would not serve; they would deprive Ministers for holding them, before they themselves had condemned them. In the deprivation of one of these Ministers there did fall out a memorable passage, which was this: The Moderatour of the Assembly, after the sentence of a Ministers deprivation, was pleased to move this learned question to the Assembly, Whether▪ if this deprived Minister should baptize a childe, the childe must not be baptized againe? But he was presently taken off by one of his brethren, who it seemeth was much ashamed of such a question, & told him, That they did never re-baptize those who had been baptized by Popish Priests; and so all further talke of it was hushed. What conclusions were to bee expected from an Assembly whose Moderatour was so grosly ignorant as to move such questions, is easie to be conjectured.
And the weaknesse of their conclusions would easily appeare, if all their severall Acts were printed; but because the Reader shall be able to make some judgement of them, We have here caused an Index of the titles of their Acts to bee inserted, by which may be seen what they hold.