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Declaration Concerning the Late Tumults in Scotland · Walter Balcanquhall

Declaration Concerning the Late Tumults in Scotland, Floating text 41

An Index of the principall Acts of the Assembly at Glasgow, 1638.

SUndry Protestations betwixt the Commissioner his Grace and the members of the Assemblie.

Master Archibald Johnstone his admission to be Clerk, and his production of the Registers of the Church, which were preserved by Gods wonderfull providence.

An Act disallowing any private conference, and constant Assessors to the Moderator.

The Act ratifying the authenticknesse of the Registers, with the reasons thereof.

The Act registrating his Majesties will given in by his Commissioner.

The Act bearing the Assemblies Protestation against the dissolution thereof.

The Act deposing Master David Michel Minister at Edinburgh.

The Act deposing Master Alex. Glaidstounes Minister at S. Andrews.

The Act annulling the six late Assemblies holden at Linlithgow 1606. and 1608. at Glasgow 1610. at Aberdene, 1616. at Saint Andrewes, 1617. at Perth, 1618. with the reasons of the nullitie of everie one of them.

The Act declaring the nullitie of the oath exacted by Prelats of Intrants [id est, Such as are instituted to Benefices.]

The Act deposing Master John Creichtone Minister at Paislay.

The Act condemning the Service Book.

The Act condemning the Book of Canons.

The Act condemning the Book of Ordination.

The Act condemning the High Commission.

The sentence of deposition, and excommunication of the sometime pretended Bishops of Saint Andrewes, Glasgow, Rosse, Galloway, Brichen, Edinburgh, Dumblane, Aberdene.

The sentence of deposition against the sometime pretended Bishops of Murray, Isles, Argyle, Orknay, Cathnes, and Dunkell.

The large Act clearing the meaning of the Confession of Faith made Anno 1580. as abjuring and removing Episcopacie.

The Act declaring the five Articles to have beene abjured and to be removed.

Sentence of deposition against Master Thomas Forrester.

Sentence of deposition against Master William Ahannan.

Sentence of deposition against Master Robert Hammiltoun Minister at Glasford.

Sentence of deposition against Master Thomas Mackeney.

Act anent the Presbyterie of Auchterardours present seat at Aberuskene for the time.

Act restoring Presbyteries, provinciall, and generall Assemblies to their constitution, of Ministers and Elders, and their power and jurisdiction contained in the Book of policie.

Act erecting Presbyteries in Argyle.

Act referring to the Presbyteries the consideration of their meetings.

Act concerning the Visitation of particular Kirks, Schooles, and Colledges.

Act against non-Residents.

Act concerning the planting of Schooles in the Countrey.

Act concerning the power of Presbyteries admission of Ministers, and choosing of their Moderators.

Reference to the Presbyteries anent the competencie of Parochioners and Presbyteries.

Act concerning the entrie and conversation of Ministers, ratification of the Act 1598.

Act of reference to Presbyteries concerning the defraying of the expences of the Commissioners.

Act of reference concerning repressing, of Poperie and Superstition.

Act of reference to the Presbyteries concerning the more frequent celebration of the Lords Supper.

Act of reference concerning markets on Munday and Saturday within Burrowes.

Act against the profanation of the Sabbath for want of afternoones exercise.

Act against the frequenting the companie of excommunicate persons.

Act setting down the Roll of Provinciall Assemblies, and some orders thereanent.

Act of reference against milnes and salt pans.

Act anent the order of receiving the repentance of any penitent Prelates.

Act anent the excommunicating of the Ministers deposed, who doe not obey their sentence.

Act against those who speake or write against the Covenant, this Assembly and constitutions thereof.

Act of reference anent the voicing in the Kirk Sessions.

Act condemning Chapters, *Which offices were in the Church of Christ long before Popery was known or heard of in the world.Archdeans, preaching Deacons, and such like Popish trash.

Act against the obtruding of Pastors upon people.

Act against marriage without Proclamation of Banes.

Act against funerall sermons.

Act anent the triall of expectants; [that is, such as are not possessed of any Benefice.]

Act anent the admission of Master Archibald Johnstoun to be Advocate, and Master Rob. Dalgleish to be Agent for the Kirk.

Act anent the transplantation of Master Alexander Henderson from Leuchars to Edinburgh.

Act of reference to the Presbyteries and Provinciall Assemblies, to take order with Salmon-fishing.

Act of transporting Master Andro Cant from Pitsligo to Newbotle.

Act condemning all civill offices in the persons of Ministers separate to the Gospel, as to be Justices of peace, sit in Session or Councell, to vote or ride in Parliament.

Act concerning a Commission for complaints about Edinburgh.

Another Commission to sit at Jedburgh.

Another Commission to sit at Irwin.

Another Commission to sit at Dundee.

Another Commission to sit at the Channeries and Forres.

Another Commission to sit at Kircubright.

A Commission for visitation the Colledge of Aberdene.

A Commission for visitation of the Colledge of Glasgow.

Act against Salmon fishing, and going of milnes on the Sabbath day.

Act appointing the Commissioners to attend the Parliament, and Articles which they are to represent in name of the Kirke to the Estates.

Act ordaining the Commissioners from Presbyteries and Burrowes presently to get under the Clerks hand an Index of the Acts, and hereafter a full extract of them, which they are bound to take back from the Assembly to the Presbyteries and Burrowes.

Act ordaining the Presbyters to intimate in their severall pulpits the Assemblies explanation of the Confession of faith, the Act against Episcopacie, the Act against the five Articles, the Act against the Service book, booke of Canons, booke of Ordination, the High Commission, the Acts of excommunication and deposition against some Prelates, and Act of deposition onelyonly against some others of them.

*A pretty act, that We must print nothing concerning Ecclesiasticall policie and government, unlesse Johnston will give Us leave.An Act discharging Printers to print any thing either anent the Acts or the proceedings of this Assemblie, or any treatise which concernes the Kirke, without a warrant under Master Archibald Johnstouns hand, as Clerke to the Assemblie, and Proctor for the Kirke, and that under the pain of all Ecclesiasticall censure to be intimate with other Acts.

Act ordaining the Covenant subscribed in Febr. now to be subscribed with the Assemblies Declaration.

*A most traiterous act, for the very terms and words of it containe high treason.Act discharging all subscription to the Covenant subscribed by his Majesties Commissioner and the Lords of Councell.

Act ordaining all Presbyteries to keepe a solemne thanksgiving in all Parishes, for Gods blessing, and good successe in this Assembly, upon the first convenient Sabbath.

Act against those who are malicious against this Church, decliners or disobeyers of the Acts of this Assembly.

Act warranting the Moderatour and Clerke to give out summons upon relevant complaints, against parties to compeere before the next Assembly.

Act renewing the priviledges of yeerely generall Assemblies, and oftner, pro re nata, and appointing the third Wednesday in July next in Edinburgh for the next generall Assembly.

Act that none be chosen ruling Elders to sit in Presbyteries provinciall, or generall Assemblies, but those who subscribe the Covenant, as it is now declared, and acknowledges the constitution of this Assembly.

*This Blair is he who was expelled the Universitie of Glasgow by the Professors there, many yeares since, for teaching his Scholars, in his Lectures upon Aristotle, that Monarchicall government was unlawfull. Now for this man to be made by them Professor of Divinitie in the prime Universitie of that Our kingdome, whether We can or ought to endure it, We leave to the Reader to judge.Act to transport Master Rob. Blair from Aire to St. Andrewes.

Act for representing to the Parliament the necessitie of the standing of the Procutors place for the Kirk.

There are many lesse principall Acts omitted, so the Index is not fully perfect.

A. Jhonston.

BY these it is easie to be discerned what conclusions, tending to Sedition and Rebellion, and the overthrow of the lawes both of Church and Kingdome, were agreed upon; what false, nay and what foolish positions there were established; For instance, Had it not been enough to have removed Episcopall government, the five Articles of Perth, and the other pretended innovations, if they had been furnished with lawfull power so to doe? No, but they will have it concluded, that all these were abjured in the confession of faith when it was first sworne; which no reasonable man can beleeve▪ and which they themselves did allow in many not to abjure when they first swore their Covenant, and to which many Ministers, members of this Assembly, had sworne at their admission into their Benefices, according to the Acts of Parliament, and Acts of generall Assembly provided in that case; And so by swearing that these things were abjured in the first confession, they make them profess that they had perjured themselves in taking the other oath of their conformitie to these pretended innovations: Upon which rocke one Minister of the Assembly finding himselfe to be set fast, when that Act was voiced unto which declared Episcopall government, and the five Articles of Perth to have been abjured formerly, and so to be for ever removed: Mr. Robert Baylie voiced thus, Removed but not abjured, to the great scandall of the rest of the Assembly, hee being reputed for one of the ablest men in it: But the Act was drawne up in these termes, Abjured and removed, by the voices of all the Assembly, except his alone, who, knowing that all the Acts were particularly to be read and voiced to againe, had drawn up a supplication to the Assembly in the name of those Ministers, who before had conformed themselves to the five Articles of Perth, for a mitigation of that Act, at least that it might receive a publique hearing and arguing; which the rest having knowledge of, when that Act came to bee read and voiced to againe, one of the Lords, who was a lay-Elder, perswaded with the Clerke, that in calling the List this Minister his name should be omitted, and so the Act passed without so much as asking of his voice, who had his supplication ready when he should be called upon by his name, but perceiving that the omission of his name was purposely done, he durst stirre no more in it, for feare of publique envie, and some private mischiefe which might be done unto him; And yet you must think this was a most godly and free Assembly.

Towards the end of their Assembly, they divided themselves into severall Committees, which should after their rising see all their Acts put in execution; a thing never heard of before in that Church. The Moderatour concluded with thankes to God for their good successe, and then to the Nobilitie and the rest for their great paines, and last of all with a speech to the Earle of Argyle, giving him thankes for his presence and counsell, by which they had been so much strengthened and comforted: The Lord Argyle answered him with a long speech; first, intreating all present not to misconstrue his too late declaring himselfe for them, protesting that he was alwaies set their way, but had delayed to professe it so long as he found his close carriage might be advantagious to their cause; but now of late, matters had come to such a height, that he found it behoved him to adjoin himself openly to their societie, except he should prove a Knave, (this was, as We are informed, his owne word): Then he went on and exhorted them all to unitie, wishing all, but especially the Ruling-Elders and Ministers, to keepe a good correspondence; intreated all the Ministers to consider what had brought the Bishops to ruine, viz. pride and avarice, and therefore willed them to shun these two rockes if they would escape shipwrack.

The Lord who delivered this speech, delivered indeed the true meaning and sense of the Covenanters: for it was neither the Bishops bringing in the pretended innovations, nor their suspecting them to bee guilty of the odious crimes expressed against them in their Libell, which incensed this and the other Covenanting Lords against the Bishops, but their feare of their daily rising in dignitie and place, which in this speech is called pride in them; and their feare that the Bishops might recover out of their hands by law some of the Church lands belonging to their Churches, which in this speech is called avarice in the Bishops. In the meane time, whether it be not pride in these Lords to envie any mans rising in the Church and Common-wealth, according to that worth and sufficiencie which his Prince shall find in him, and whether it bee not avarice in them not to endure that other men should legally seeke to recover their owne from them, shall be left to the judgement of the indifferent Reader. But for this revolted Lord who made this speech, and professeth in it, That if he had now not adjoyned himselfe to them, he should have proved a Knave, We can give this testimonie of him, That at his last being here with Us in England (at which time We had good reason to mis-doubt him) he gave Us assurance that hee would rest fully satisfied, if We would performe those things which Wee have made good by Our last gracious Declaration (in which We have granted more then We did at that time promise) so that We had little reason to expect his adjoyning himselfe to them, who had given Us so great assurance to the contrary, besides that assurance which hee gave to Our Commissioner when hee was in Scotland. And now if by his owne confession hee carried things closely for the Covenanters advantage, being then one of the Lords of Our secret Councell, and that in the end hee must openly joyne with them or bee a Knave; what hee hath proved himselfe to bee by this close and false carriage, let the World judge.

Our Commissioner, after he had by Our commandement dissolved the Assembly, hearing that they who remained still at Glasgow under the name of an Assembly, went about to put such a sense upon that confession of faith and band annexed, which We lately had commanded to bee renewed, as agreed best with those corrupt glosses and false interpretations, which by their owne Covenant they had put upon it, as if Episcopall government had now by Our commandement been abjured; and so did begin to magnifie Our Covenant, and resolved to declare it to be all one with their owne, though they had in their Pulpits called it the depth of Sathan, and had assured their followers, that it could not bee sworne unto without perjurie, and that even after that Act of Councell, upon which they did ground their interpretation, he, having perused Our instructions which required him not to suffer the confession of faith to be sworne in any sense, which might not consist with the lawes of that Church and Kingdome then in force; thought it convenient to print a Declaration of Our cleare meaning and intention in requiring that oath; which, so soon as it was published, made them quite change their minds, and prohibit the subscription to Our Covenant, which they had immediately before so much extolled: Our Commissioners Declaration We have here caused to be re-printed together with their printed answer to it, because We are confident both by Our owne judgement, and the judgement of others who have perused them both, that the five reasons contained in Our Commissioners Declaration stand yet unshaken for any thing delivered in their answer unto them; and that as strongly as the Divines of Aberdenes first Queries, Replies and Duplies doe. Our Commissioners explanation followes.