Declaration Concerning the Late Tumults in Scotland, Floating text 45
Charles R.
CHARLES by the grace of God, King of Scotland, England, France, and Ireland, defender of the Faith. To Our Lovits Maissars, Heraulds, Pursevants, Our Sheriffes in that part conjunctly and severally specially constitute, greeting.
Whereas for the removing of the disorders which had happened of late within this Our Kingdome, and for setling of a prefect peace in the Church and Common-wealth thereof, We were pleased to cause indict a free generall Assembly, to be holden at Glasgow the one and twentieth of November last: And for Our subjects their better content and assurance that they should bee freed of all such things as by their petitions and supplications given in to the Lords of Our Privie Councell, they seemed to be grieved at, We in some sort preveened the Assembly, by discharging by Our Proclamation the Service Book, Booke of Canons, and high Commission, freed and liberate Our subjects from the practising of the five Articles, eximed all Ministers at their entry from giving any other oath then that which is contained in the act of Parliament, made all persons both Ecclesiasticall & Civill lyable to the censure of Parliament, generall Assembly, or any other judicatorie competent, according to the nature of their offence: had declared all by-gone disorders absolutely forgotten and forgiven: and last, for securing to all posteritie the truth and liberty of Religion, did command the Confession of Faith, and band for maintenance thereof, and of authoritie in defence of the same, subscribed by Our deare Father, and his houshold in anno 1580. to be renewed and subscribed againe by Our subjects here: And albeit that this Our gracious and pious command, in stead of obedience and submission, rancountred open and publicke opposition and protestation against the same: And that they continued their daily and hourely guarding and watching Our Castle of Edinburgh, suffering nothing to be imported therein, but at their discretion, stopping and impeding, any importation of ammunition, or other necessaries whatsoever to any of Our houses within this Kingdome: Denying to Us their soveraigne Lord that libertie and freedome, which the meanest of them assume to themselves (an act without precedent or example in the Christian world.) Like as they spared not boldly and openly to continue their conventions and Councell tables of Nobility, Gentrie, Ministers and Burgesses within the citie of Edinburgh, where, not regarding the laws of the Kingdome, without warrant of Authority, they conveened, assembled, and treated upon matters, as well Ecclesiasticall as Civill, sent their injunctions and directions throughout the countrey to their subordinate tables, and other under Ministers appointed by them for that effect. And under colour and pretext of Religion, exercing an unwarranted libertie, required obedience to their unlawfull and illegall directions, to the seen prejudice of Authority, and lawfull monarchicall government. And notwithstanding it was evidently manifest by the illegall and unformall course taken in the election of the Commissioners for the Assembly, whereof some of them were under the censure of this Church, some under the censure of the Church of Ireland, some long since banished for open and avowed teaching against Monarchie, others of them suspended, and some admitted to the Ministerie contrary to the forme prescribed by the lawes of this Kingdome; others of them rebells, and at the Horne, some of them confined, and all of them by oath and subscription bound to the overthrow of Episcopall Government. And by this and other their under-hand working, and private informations and perswasions, have given just ground of suspicion of their partialitie, and so made themselves unfit judges of what concerneth Episcopacie. And als albeit it was sufficiently cleared by the peremptory and illegall procedures of the Presbyteries, who at their owne hand by order of Law, and without due forme of processe, thrust out Moderatours lawfully established, and placed others whom they found most inclinable to their turbulent humours, associate to themseves, for chusing of the Commissioners to the Assembly, a Laick-Elder out of each Parish, who being in most places equall, if not moe in number then the ministerie, made choice both of the ministers, who should be Commissioners from the Presbyteries, as also of a Laick-Elder, (which in time will prove to be of a dangerous consequence, and import a heavie burthen to the libertie of Church and Church-men) being more directed therein by the warrants of the foresaid pretended Tables, then by their owne judgements; as appeared by the severall instructions sent from them (farre contrary to the Lawes of this Country, and lowable custome of this Church) some whereof were produced and exhibit by Our Commissioner, and publikly read: One whereof, direct to the Noblemen and Barons of each Presbyterie, doth among many other odde passages, require diligence, lest (say they) by our owne sillinesse and treacherie wee lose so faire an occasion of our libertie both Christian and Civill; a strange phrase to proceed from dutifull or loyall hearted subjects. The other to the Moderatours of the severall Presbyteries, under the title of Private Instructions, August 27. first, containeth that these private instructions shall be discovered to none, but to brethren well affected to the cause: secondly, order must be taken, that none be chosen ruling Elders but Covenanters, and those well affected to the businesse: thirdly, that where the Minister is not well affected, the ruling Elder be chosen by the Commissioners of the shire, and spoken to particularly for that effect: fourthly, that they be carefull that no Chappelmen, chaptermen, or Minister justice of peace, be chosen, although Covenanters, except they have publikly renounced, or declared the unlawfulnesse of their places: fifthly, that the ruling Elders come from every Church, in equall number with the Ministers; and if the Minister oppose, to put themselves in possession, notwithstanding of any opposition: sixthly, that the Commissioner of the shire cause conveen before him the ruling Elder of every Kirk chosen before the day of the election, and enjoyne them upon their oath, that they give vote to none but to those who are named already at the meeting at Edinburgh: seventhly, that where there is a Nobleman in the bounds of the Presbyterie, he be chosen, and where there is none, there be chosen a Baron, or one of the best quality, and he onelyonly a Covenanter: eighthly, that the ablest man in every Presbyterie be provided to dispute de potestate supremi magistratus in Ecclesiasticis, praesertim in convocandis conciliis, &c. Whereby it is most evident what prelimitations, indirect and partiall courses, and dangerous propositions have beene used in the preparations and elections to this pretended Assembly. By which unlawfull doings, although Wee had sufficient reason to have discharged the meeting of the said Assembly, yet We were pleased patiently to attend the same, still hoping that when they were met together by the presence of Our Commissioner, and assistance of some well affected subjects, who were to be there, and by their own seeing the real performance of what was promised by Our Proclamation, they should have bin induced to return to the due obedience of subjects. But when We perceived that their turbulent dispositions did increase, as was manifest by their repairing to the said pretended Assembly with great troups and bands of men, all boddin in fear of war, with guns, & Pistolets, contrary to the lawes of this Kingdome, and in high contempt of Our Proclamation at Edinburgh the 16. day of Novemb. last: And also by the peremptory refusing to the assessors, authorized by Us (although fewer in number then Our dearest Father was in use to have) the power of voting in this Assembly, as formerly they had done in all others, openly averring that We, nor Our Commissioner, had no further power there then the meanest Commissioner of their number: & by their partial and unjust refusing, & not suffering to be read the reasons & arguments given in by the Bishops, & their adherents to Our Commissioner, why they ought not to proceed to the election of a Moderatour, neither yet to the trying and admitting of the Commissioners, before they were heard, though in Our name they were earnestly required thereto by Our Commissioner: and notwithstanding that Our Commissioner by warrant from Us gave in under his hand a sufficient Declaration of all that was contained in Our late Proclamation, bearing likewayes Our pleasure of the registration of the same in the books of Assembly, for all assurance of the truth and puritie of Religion to all Our good subjects, as doth clearly appear by the declaration it self; wherof the tenor follows. The Kings Majesty being informed that many of his good subjects have apprehended that by the introducing of the Service Book, and Booke of Canons, the inbringing of Superstition hath been intended, hath been graciously pleased to discharge, like as by these he doth discharge the Service Booke, and Booke of Canons, and the practice of them, and either of them, and annulls and rescinds all Acts of Councell, Proclamations, and other acts and deeds whatsoever, that have beene made or published for establishing them, or either of them, and declares the same to be null, and to have no force nor effect in time comming. The Kings Majestie, as he conceived, for the ease and benefit of the subject, established the high Commission, that thereby justice might be administrate and the faults and errours of such persons as are made lyable thereto, taken order with, and punished with the more conveniencie, and lesse trouble to the people. But finding his gracious intention therein to be mistaken, hath beene pleased to discharge, like as by these Hee doth discharge the same, and all acts and deeds whatsoever made for establishing thereof. And the Kings Majesty being informed, that the urging of the five Articles of Perth Assembly hath bred distraction in the Church and State, hath been graciously pleased to take the same into His royall consideration, and, for the quiet and peace of this countrey, hath not onelyonly dispensed with the practice of the saids articles, but also discharged all and whatsoever persons from urging the practice thereof, upon either laicke or ecclesiasticall person whatsoever, and hath freed all His subjects from all censure and paines whether ecclesiasticall or secular, for not urging, practising, or obeying them, or any of them, notwithstanding of any thing contained in the Acts of Parliament, or generall Assembly in the contrary. And his Maiesty is further contented, that the Assembly take the same so farre to their consideration, as to represent it to the next Parliament, there to be ratified as the Estates shall finde fitting. And because it hath been pretended, that oaths have been administrate different from that which is set downe in the acts of Parliament, his Maiesty is pleased to declare by me, that no other oath shall be required of any Minister at his entry, nor that which is set downe in the act of Parliament. And that it may appeare how carefull his Maiesty is that no corruption nor innovation shall creepe into this Church, neither yet any scandall, vice, or fault of any person whatsoever, censurable or punishable by the Assembly; goe along unpunished, his Maiestie is content to declare by me, and assure all His good people, that generall Assemblies shall be kept so oft, and als oft as the affaires of this Church shall require. And that none of His good subiects may have cause of grievances against the proceedings of the Prelates, his Maiesty is content that all and every one of the present Bishops, and their successors, shall bee answerable, and accordingly from time to time censurable, according to their merits by the generall Assembly. And to give all his Majesties good people full assurance, that Hee never intended to admit any alteration or change in the true Religion profest within this Kingdome, and that they may be truely and fully satisfied of the reality of His intentions and integrity of the same, his Majestie hath been pleased to require and command all His good subjects to subscribe the Confession of Faith, and band for maintenance thereof, and of his Majesties person and Authority, formerly signed by His dear Father, in ann. 1580. and now also requireth all these of this present Assembly to subscribe the same. And it is his Majesties will, that this be insert and registrate in the books of Assembly, as a testimony to posteritie, not onelyonly of the sincerity of His intentions to the said true Religion, but also of His resolutions to maintain and defend the same, and His subjects in the profession thereof.
Which declaration was by Our speciall command and direction given in, and subscribed by Our Commissioner, upon protestation made by him, that his assenting to the registration hereof, should be no approbation of the lawfulnesse of this Assembly, nor of any of the acts or deeds done, or to be done therein. And finding them in like sort no wayes to be satisfied therewith, and that nothing else was able to give them contentment, except at their owne pleasure they were permitted to overthrow all Episcopall government in the Church, and thereby to abrogate Our publike lawes standing in vigour by the space of many yeares by-gone, and to alter the fundamentall government of this kingdom, in taking away one of the three Estates, contrary to expresse acts of Parliament: And lest the continuance of their meetings might have produced other the like dangerous acts so derogatory to Royall authority, We were forced for preveening thereof, and for the reasons and causes above-mentioned, and divers others importing true monarchicall government, to dissolve and breake up the said pretended Assembly, and to discharge them of all farther meeting, treating and concluding any thing therein. And yet in that calme and peaceable way, as Our Commissioner before his removing desired their pretended Moderator for that time to have said prayer, and so concluded that dayes session, that so they might have had time to thinke upon the just reasons of his refusing to assist, or be any longer present at the said pretended Assembly, & of the causes moving Us to the dissolving thereof: and notwithstanding his earnest urging the same, and being willing to returne the next morning to heare their answer; in place of all other satisfaction to his so reasonable and moderate desires, it was refused, and met with a protestation of an high and extraordinary straine, thereby presuming to cyte and call Our Councell in question, for their dutifull assistance and obedience to Us and Our Commissioner. And finding their disobedience thus to increase, We were constrained to discharge them of new againe the next day thereafter, by publike proclamation, under the paine of treason. And albeit that their contumacie is such as hath not been heard of in former times, yet they shall never move Us to alter the least point or article of that We have already declared by proclamation, or declaration under Our Commissioners hand: All which was publikely read, and by Our Commissioner required to be insert and registrate in the books of Assembly, therein to remain as a testimonie to posterity, not onelyonly of the sinceritie of Our intentions to the true Religion, but also of Our resolution, to maintaine and defend the same, and Our subjects in the profession thereof: And perceiving likewise that in contempt of Our proclamation at Glasgow the 29. of November they goe still on to conveene, meet, and to make illegall and unwarrantable acts, We have conceived it fitting to forewarne all Our good subjects of the danger that they may incurre by being insnared by these their unlawfull procedures. And to this purpose doe not onelyonly liberate and free them from all obedience to any of the pretended acts, made, or to be made at the said pretended assembly, or Committees direct therefrom, but do also free them from all pain and censure which the said pretended assembly shall inflict upon them, or any of them. And therefore doe discharge and prohibit all Our subjects, that they nor none of them acknowledge nor give obedience to any pretended acts nor constitutions made or to bee made at the said pretended meetings, under all highest paines. And We command, charge, and inhibite all presbyteries, sessions of Kirkes, Ministers within this Realme, that none of them presume nor take upon hand privately nor publikely in their sessions and meetings, nor in their conferences, sermons, nor no other manner of way, to authorize, approve, justifie, or allow the said unlawfull meeting or assembly at Glasgow: neither yet to make any Act thereupon, nor to do any other thing private or publike, which may seeme to countenance the said unlawfull Assemblie, under the paine to bee repute, holden and esteemed and pursued as guiltie of their unlawfull meeting, and to bee punished therefore with all rigour: And siclike Wee command all and sundrie Noblemen, Barons, Gentlemen, Magistrates, and all other Our lieges who shall happen to bee present and heare any Ministers either in publike or private conferences and speeches, or in their Sermons, to approve and allow the said unlawfull Assemblie, raile and utter any speeches against Our Royall commandments, or proceedings of Us, or Our Councell, for punishing or suppressing such enormities, that they make relation and report thereof to Our Councell, and furnish probation, to the effect the same may bee accordingly punished, as they will answer to Us thereupon: Certifying them who shall heare and conceale the said speeches, that they shall bee esteemed as allowers of the same, and shall accordingly bee taken order with, and punished therefore without favour. And to this effect We likewise straightly charge and command all Judges whatsoever within this Realme, Clerks and Writers, not to grant or passe any Bill, summons, or letters, or any other execution whatsoever, upon any Act or Deed proceeding from the said pretended Assemblie, and all keepers of the signet from signetting thereof, and that under all highest paines. And because Wee gave order and warrant to Our Commissioner to make open declaration, not onelyonly of Our sense, but even of the true meaning of the Confession of Faith, in Anno 1580. by which it may clearely appeare, that as Wee never intended thereby to exclude Episcopacie, so by no right construction can it bee otherwayes interpreted, as is more nor evident by the reasons contained in the said Declaration, and many more, which for brevitie (the thing in it selfe being so cleare) are omitted. Herefore Wee do not onelyonly prohibit and discharge all Our subjects from subscribing any band, or giving any writ, subscription, or oath to, or upon any Act, or Deed that proceeds from the foresaid pretended Assemblie, but also do require them not to subscribe, nor sweare the said Confession in no other sense then that which is contained in the said Declaration, and manifestly emitted by Our Commissioner, under all highest paines. And that none of Our good subjects, who in their duty and bound obedience to Us shall refuse to acknowledge the said pretended Assemblie, or any of the pretended Acts, constitutions, warrants, or directions proceeding therefrom, may have just ground of feare of danger or harme by doing thereof, Wee do by these promise, and upon the word of a King oblige Our selves by all the Royall authoritie and power wherewith God hath endowed Us, to protect and defend them, and everie one of them in their persons, fortunes, and goods, against all and whatsoever person or persons who shall dare or presume to call in question, trouble, or any wayes molest them, or any of them therefore. And Our will is, and Wee charge you straitly and command, that incontinent these Our Letters seene, you passe, and make publication hereof by open Proclamation at the market crosse of Edinburgh, and other places needfull, wherethrough none pretend ignorance of the same.
Given from Our Court at Whitehall the eighth day of December, and of Our Reigne the fourteenth yeere, 1638. Per Regem.
THis Our Proclamation, published onelyonly to make Our people acquainted with Our gracious proceedings at Glasgow, which by the malice of their Leaders had either beene concealed from them, or misreported to them, was received, as all Our former gracious proffers, with a verie undutifull, windie and blustering Protestation, so full of words, but withall, so void of truth and sense, as We were once resolved not to have inserted it here, neither indeed is it necessarie it should, for it is stuffed with the idle and superfluous repetitions of those things which are contained in their former Protestations, especially their last Protestation made at Glasgow, with which indeed it is for the most part the same verbatim: Yet, because We know that if it should be left out they would not stick to assure their followers, that it was omitted because of the unanswerable pregnancie of the reasons contained in it, here you shall have it, but without any answer to it, as to their former Protestations hath beene given; there being verie little in it which is new, and so not answered before, or what is in it new being either verie false or verie impertinent, both which falsities and impertinencies shall onelyonly bee observed on the margent, being assured that the Reader will easily finde that there is nothing in it worthie of any larger answer.