dilapidate nor make a disposition of his Benefice without the consent
of his Majestie and the generall Assembly: and for the greater warrant
of this, That he should interdict himselfe to the generall Assembly not
to dilapidate, nor to give consent to the dilapidation of his Benefice
made by others, and that hee should be contented that an Inhibition
should be raised upon him to that purpose; but the said Master David
Lyndsey, with his Colleagues respective, have set, and take setled
patronages.
Whereas in the fifth caution it is provided that hee should be bound
to attend his particular Congregation faithfully in all the points of
a Pastour, and that he shall be subject to the triall and censure of
his own Presbyterie and Provinciall Assemblie, as another Minister that
bears no Commission: In like manner by divers Acts and Constitutions of
the generall Assemblies and Presbyteries, non-residents are punishable
by deprivation; Yet the said Master David Lindsey with his foresaid
Colleagues respective, have been non-resident from his and their
charges for many yeares; nor have they performed the duties of Pastours
by preaching, administration of the Sacraments, visiting the sick, &c.
but they have deserted their charges by the space now of many years;
neither have they in this subjected themselves to the triall of the
Presbyteries and Provinciall Assemblies.
That whereas in the sixth caution it was provided, That in the
administration of Discipline, collation of benefices, visitation, and
all other points of Ecclesiastical government, he shal neither usurp
nor acclaim to himself a power or jurisdiction further over the rest of
his brethren, under the paine of deprivation: and in case hee did usurp
upon the Ecclesiasticall government, if the Synodall Presbyteries, or
generall Assemblies did oppose, or make impediment unto him; whatsoever
he did in that case should be _ipso facto_ null, without a declaratour;
yet the said Master David Lindsey with his Colleagues respective,
have usurped a jurisdiction in the administration of Discipline,
collation of benefices, visitation, and other points of Ecclesiasticall
government, without a lawfull warrant from the Church, in exercising
power to suspend, deprive, command, and inhibit excommunication at
their pleasure, to fine, confine, imprison, banish Ministers and
other professours without the warrant of the laws of the Countrey,
appointing their Moderators over Presbyteries and Synods, prorogating
their Diets, staying their proceedings against Papists, Sorcerers,
Adulterers, and other grosse offenders, by exacting of contributions
to such Commissioners as hee pleased to send to Court for his owne and
his Colleagues affaires; by depriving, and ordaining of Ministers,
not only without the consent of the Presbyteries and Synods, but by
ordaining of scandalous and unqualified Ministers and depriving of
learned and religious Pastours; by ordaining Ministers after a forme
not allowed of in this Church; by silencing Ministers for not reading
the Service Book, and Book of Canons; by interdicting after a Popish
manner, the exercises of Morning and Evening prayer in their Churches;
by releasing of excommunicated Papists: by contradicting and crossing
the votes of the Presbyteries at their pleasure; by their pretended
negative vote directly contrary to this caution; by enacting decrees of
Synods without demanding their votes; by changing and falsifying their
Acts, when most votes had carried the contrary: by many wayes have they
failed in this caution, which are so notorious to the whole Church and
to your Wisdomes, that wee shall condescend upon the same when wee are
required.
Whereas in the seventh caution it was provided, That in Presbyteries,
and in Provinciall and generall Assemblies, he shall behave himself
in all things, as one of the brethren of the Presbyterie, and be
subject to their censure; yet the foresaid Master David Lindsey with
his foresaid Colleagues respective, hath not behaved himselfe as a
brother at these meetings; he disdaines to sit in Presbyteries, or to
be subject to their censures; he sitteth and overruleth in Provinciall
Assemblies rather as a Lord then a Moderatour; and in stead of behaving
himself as a brother in the generall Assemblie, hath, by threatening
and silencing, prejudged the liberties of the lawfull Commissioners;
when they propounded, reasoned or concluded matters conducing to the
liberty of the Church, hee forced them to conclude things contrarie.
That whereas it was concluded at Mount Rose, That none of them who
should have vote in Parliament should come Commissioners to the
generall Assemblie, or have vote in it in time to come, unlesse
they had authoritie or Commission from their owne Presbyteries for
that purpose; yet the said Master David Lindsey with his forsaid
Colleagues respective, though they had no authoritie by Commission from
any Presbyteries, have usurped to give votes in the last pretended
Assemblies.
Whereas in the seventh chap. of the book of Policie, registrated in
the Register of the Acts of the Assembly, it was concluded, That in
all Assemblies a Moderatour should be chosen by common consent of the
whole brethren assembled together, and it hath been so practised since
the beginning of the Reformation, till hee and his fellowes began to
break the Cautions; yet the said Master David Lindsey with his foresaid
Colleagues respective, have usurped the place of moderation in the last
pretended Assemblies, and rather domineered then moderated, to bring
in novations; yea further, have directed Mandats from themselves as
from the representative Church of Scotland, which name and power is
only competent to generall Assemblies; he hath brought in the practice
of many Innovations in the Royal Chappel, in the Abbey Church, and
his pretended Cathedrall; hee hath laboured not only to hinder the
ordinarie meetings of generall Assemblies of this Church, by obtaining
letters and charge from Authority to that purpose, but also hath
laboured, what in him lay, to take away from the Church the priviledge
of holding generall Assemblies yeerly, belonging to Her by the Word of
God, Acts of this Church, and lawes of this Kingdome.
Whereas it is provided by another caution, That _Crimen ambitus_ shal
be a sufficient cause of deprivation of him that shall have vote
in Parliament; yet the said Master David Lindsey with his foresaid
Colleagues respective, are guilty of the said crime, in seeking of the
said offices, and promising and giving good deeds for them.
Whereas it was provided by the book of Discipline, and acts of the
Assemblie Feb. An. 1569. and December 1565. & 1567. that marriage
should not be solemnized without asking of banes three severall Sabbath
daies before; yet the said Master David Lindsey and his aforesaid
Colleagues respective, have given licence to sundry Ministers to
solemnize marriage without asking three severall Sabbaths before; upon
which have followed divers inconveniences; a man hath been married to
a woman her husband being alive, and they not divorced; some have been
married to persons with whom they have committed adulterie before; and
so have been married without the consent or knowledge of their parents.
Whereas by the book of Fasting, authorized by the generall Assemblie,
and prefixed before the Psalmes, no set or yeerly Fasts are allowed,
but disallowed, as contrary to the liberty of the Church, and to the
nature of the exercise (a Fast;) yet the said Master David Lindsey and
his foresaid Colleagues respective, have appointed yeerly Fasts, and
troubled some godly Professors for not observing the same.
Whereas the office of a Deacon is set forth in the book of Discipline,
and book of common order before the Psalms, according to the Word
of God, to have no medling with the preaching of the Word, or the
ministration of the Sacraments, and by the first Confession of faith
ratified in the Acts of Parliament, chap. 23. Ministers called
unto particular flocks have onely power of the ministration of the
Sacraments; yet the said Master David Lindsey with his foresaid
Colleagues respective, have given a power to certain Divines whom they
make Deacons (men not admitted to the calling of the Ministery) to
administer the Sacrament of Baptisme, under the names and titles of
preaching Deacons, and they refuse to admit divers men to the calling
of the Ministerie before they be admitted to that Order.
Whereas it is ordained by the book of Policie, and Acts of the
Assembly, that no man should receive ordination to the Ministery
without a present admission to a particular flock; yet the said Master
David Lindsey with his foresaid Colleagues respective, have separated
the act of Ordination from the act of Admission.
Whereas according to the established order of the Church, & the Acts
of the Assembly, the ordination & admission of Ministers should be
publick, in the presence and with the consent of the congregation; yet
the said Master David Lindsey with his foresaid Colleagues respective,
have given ordination to some men in other places, not in their own
Congregation; and violently have thrust upon them scandalous Ministers.
Whereas Ministers who teach erroneous and corrupt doctrine should be
censured by the book of Discipline, and by the Acts of the Assemblie;
yet the said Mr David Lindsey with his foresaid Colleagues respective,
have taught erroneous and corrupt doctrine themselves, and by their
pretended power have preferred to the Ministerie men who have taught
erroneous doctrine against the Confession of Faith, and Acts of
Parliament quoted in our Covenant; and they cherish and maintaine
them who teach Arminianisme and Popery, as conditionall Election;
Free-will; resistibilitie of effectuall Grace; The universality of
Christs death; The merit of it in heaven & in hell; A finall apostacie
of the Saints; The locall descent of Christ into hell; That Christ
came into the world _clauso Virginis utero_; auricular Confession, and
Papall absolution; That the Pope is not Antichrist; That the Church
of Rome is a true Church; That reconciliation with Rome is a thing
easie; That the Church of Rome erres not in fundamentals; and that she
differs not in fundamentals from the Reformed Churches; They call in
question the imputation of Christs righteousnesse, and they affirme
the formall cause of justifying faith, to consist in our inherent
righteousnesse; They affirme that there is a locall and circumscriptive
presence of Christ in the Sacrament, and they change the Sacrament into
a Sacrifice, and the Table into an Altar, the Ministers into Priests.
There are other damnable and hereticall points of Doctrine which
they maintaine; of which we shall give particular information in our
particular accusation of each one of them respective, with the proofes
thereof, when we shall be required.
Whereas by the Acts of the Church, no oaths or subscriptions should
be required from those who enter into the Ministerie, but to the
Confession of faith, and to the Book of Policy; yet the said Master
David Lindsey with his foresaid Colleagues respective, without a
warrant from the Church or Parliament, doe exact diverse oathes and
subscriptions from them who enter into the Ministerie; namely, That
they should both in publick and private prayers commend the Prelats to
Gods mercifull protection; That they should be subject to the orders
which were now in the Church, or, by the consent of the Church, that
is, by their consent (as they affirme) should be established; as to
the Service Book, and to the Book of Canons. The heavinesse of this
grievance made the most part of his Majesties subjects to complaine
in these Articles, that worthy men which have testimonies of their
learning from Universities, and are tryed by Presbyteries to be fit for
the worke of the Ministerie, and for their gifts and lives were much
desired by the people; yet these men are kept out because they could
not be perswaded to subscribe and swear unto such unlawfull oaths,
which have no warrant from the Acts of the Church, nor the laws of
the Kingdome; and they were Articles and oaths conceived according to
their pleasure; and men of little worth, and ready to sweare, were for
by-respects thrust upon the people, and admitted to the most eminent
places of the Church, and of the Schools of Divinity, which breeds
continuall complaints, and moves the people to run from their owne
parish Churches, refusing to receive the Sacrament from the hands of
Ministers set over them against their hearts, which makes them not to
render unto them that honour which is due from the people to their
Pastours; and it is a mighty hinderance to the Gospel, to the soules of
the people, and to the peace of this Church and Kingdome.
Whereas in the Assembly holden at Edinburgh, in March, Ann. 1578. it
was declared that it was neither agreeable to the word of God, nor
to the practice of the Primitive Church, that the Administration of
the Word and Sacraments, and the ministration of civill and criminall
justice should be confounded, that one person could supply both the
charges, but that a Minister should not be both a Minister and a
Senator in the Colledge of justice. And in the Assembly holden in
October An. 1578. it was reckoned amongst the corruptions of the State
of Bishops, which they were charged to forgoe, that they should usurp a
criminall jurisdiction, that they should not claime unto themselves the
titles of Lords, that they should onely be called by their owne names,
or brethren; yet the said Master David Lyndsey, with his foresaid
Colleagues respective, have assumed to themselves the titles and
honours of Lords, they did sit as Senators in the Colledge of justice,
as Councellours in the Privie Councell, as Auditors in the Exchequer,
and have enjoyed prime Offices of State. The pretended Bishops have
usurped the place and precedencie before all Temporall Lords, the
pretended Archbishops before all the noble Earles of the land, and the
pretended Primate before the prime Officers of State in the land.
Whereas by the Word of God and Acts of the Assembly, namely, Anno 1576.
1577. and 1578. no man should be suffered to be a Minister, unlesse hee
be tied to a particular flocke and congregation; and not to be tied to
a particular flocke it is condemned as a corruption of the state of
Bishops which they were charged to forgoe; yet the said Master David
Lindsey, with his Colleagues respective foresaid, are Ministers, and
will not be tied to particular flockes.
Whereas the office of a Bishop (as it is now used within this Realm)
was condemned by the booke of policie, and by the Act of the Assembly
holden at Dundee, Anno 1580. whereof these are the words; Forasmuch as
the office of a Bishop (as it is now used and commonly taken within
this Realme) hath no sure warrant from authoritie, nor good ground out
of the Scriptures, but it is brought in by the folly and corruptions
of the inventions of men, to the great hurt of the Church, The whole
Assembly of this Church, with one voice, after liberty given to all men
to reason in the said matter (no man opposing himself to maintain the
said pretended office) doe find and declare the said pretended office,
used and termed as is above said, unlawfull in it selfe, as having
neither ground nor warrant within the Word of God; and we doe ordaine
that all such persons which doe, or shall hereafter, enjoy the said
office, shall be charged simply to dismisse, quit, and leave the same,
as an office unto which they were not called by God; and that they
shall leave off all preaching, ministration of the Sacraments, or other
offices of Pastors, untill such time as they receive admission _de
novo_ from the generall Assembly, under the paine of excommunication to
be used against them; and if they be found disobedient to contradict
this Act in the least point, after due admonition, the sentence of
excommunication shall be executed against them. And for the better
execution of the said Act, it is ordained that a Synodall Assemblie
shall be holden in everie Province (in which usurping Bishops are)
18. August next to come, in which they shall be cyted and summoned by
the Visitors of the said Countries to compeere before their Synodall
Assemblies; as namely, The Archbishop of S. Andrewes to compeere at
Saint Andrewes, The Bishop of Aberdene in Aberdene, The Archbishop of
Glasgow in Glasgow, the Bishop of Murray in Elgin, to give obedience
to the said act, which if they refused to do, that the Synodall
Assemblies shall appoint certaine brethren of their Presbyteries to
give them publike admonitions out of their Pulpits, and to warne them,
if they disobey, to compeere before the next generall Assembly to be
holden at Edinburgh 20. Octob. to heare the sentence of excommunication
pronounced against them for their disobedience: and to this act the
Bishop of Dumblane that then was, agreed, submitting himself to be
ruled by it; it was also condemned by the act of Glasgow Anno 1581.
which doth ratifie the former act of Dundee, and ordaines the book
of policie, which was approved by severall Generall Assemblies to be
registrated in the books of the Assemblie, and enjoyned the generall
confession of faith to be subscribed by all his Majesties Lieges;
Yet hath the said Master David Lyndsey with his foresaid Colleagues
respective, not onely incroached upon the liberties of Presbyteries and
Synods, but hath also took Consecration to the office of a Diocesan
Bishop, without the knowledge or consent of the Church, and against the
acts of it, claiming the power of ordination and jurisdiction, as due
to him by that unwarrantable office.
Besides, the said Master David Lyndsey, with his foresaid colleagues
respective, have, against the Lawes of the Church and Kingdome, brought
in the Service book, the book of Canons, and the High Commission Court,
and would have changed and overthrowne the whole frame of doctrine of
Gods word, the use of the Sacraments, the Discipline, Liberties and
Priviledges of this Church and State, if the Lord had not prevented
them; The particulars wee shall present to your wisdomes, though it
bee knowne to all men, how he and they have abused his Majesties
Authoritie against his Royall intentions and Declarations, they having
moved discontents betwixt the King and his subjects, by scandalous lies
betwixt subject and subject, for which things, complaints have been
given in to the Councell, which we hold heare to be repeated as a part
of our complaint, and to be tried by your wisdomes, and referred to the
Assemblie.
Besides all these faults, the said Master David Lyndsey with his
Colleagues respective, in his life and conversation is slandered
constantly as guiltie of excessive drinking, whoring, playing at
Cards and Dice, swearing, profane speaking, excessive gaming,
profaning of the Sabbath, contempt of the publike ordinances and
private familie-exercises, mocking of the power of preaching, prayer,
and spirituall conference, and sincere professors; besides, with
briberie, simonie, selling of Commissariots places, lies, perjuries,
dishonest dealing in civill bargaines, abusing of their vassals, and of
Adulterie, and Incest, with many other offences, of which we shall give
the particulars in our particular accusations.
Whereas the Presbyterie is the ordinarie judicatorie of this Church
for trying of these offences, and hath the Ecclesiasticall power for
cytation of the parties and offenders, with the reference to their
complaints to the Generall Assemblie, Therefore wee most earnestly and
humblie beseech your godly wisdomes, as you tender the glory of God,
the peace and libertie of this Church, the removall of scandals, and
punishment of vice, that you will take into your consideration and
triall the foresaid many and hainous offences, with the particular
reservations and qualifications of them, which we shall present to your
wisdomes, or to the Assemblie when it shall be thought convenient;
and that you would either take order with it your selves, and censure
the offenders, according to the nature of the offences, with the
Ecclesiasticall paines contained in the Acts and foresaid Canons of
this Church and Kingdome, or else make a reference of them to the
Generall Assemblie to bee holden at Glasgow 21. Novemb. and, that
the knowledge of these should come to the Delinquents, that you will
be pleased to ordaine the publishing hereof, to bee made by all the
Brethren of the Presbyterie in their Pulpits upon the Sabbath before
noone, with a publike admonition to the offenders to be present at the
Assemblie, to answer to this complaint, and to undergo the censure
and triall of it, and to bring with them the books and scroules
of subscriptions and oaths required from those who enter into the
Ministerie, with the books of the High Commission Court, and the books
of the Generall Assemblie, which they or their Clerk had or have
fraudulently conveied away, Together with this certification, That if
the said Master David Lyndsey, with his foresaid colleagues respective,
do not appeare in the said Assemblie, and bring with them the said
books, to answer to this complaint in generall, and to the particular
heads of it, and to submit himselfe to the triall and proofe of this
complaint generall, and to the particular heads of it, that there
shall be a condigne censure of these offenders for their contempt and
contumacie; Here wee humblie beseech your wisdomes answer.
* * * * *
_The Act of the Presbyterie of Edinburgh 24. Octob. 1638. yeares, in
answer to this Complaint._
Upon the said day, we the Brethren of the Presbyterie of Edinburgh,
after we had received this Bill and complaint, presented unto us by
the Laird of Buchanan, The Laird of Dury the younger, The Laird of
Carlourie, John Smith late Bailife of Edinburgh, John Hammiltoun,
and Richard Maxwel, in name of the Noblemen, Barons, Burgesses, and
Commons, subscribers of the Covenant (which are not Commissioners to
the Generall Assemblie) against the pretended Archbishops and Bishops
of this Kingdome, and after wee had read and seriously considered
the same, wee, according to the desire of the complainers, did and
do referre the same to the next Generall Assemblie to bee holden at
Glasgow 21. November. And wee ordaine the publishing of this complaint,
and of our reference of it to the Assemblie, to be fully read by all
the Pastors of the Presbyterie upon the next Sabbath before noone out
of their Pulpits, with a publike warning and cytation to the offendants
complained upon; By name, Master John Spotswood pretended Archbishop
of Saint Andrewes, Master Patrick Lyndsey pretended Archbishop of
Glasgow, Master Thomas Sydserfe pretended Bishop of Galloway, Master
David Lyndsey pretended Bishop of Edinburgh, Master Alexander Lyndsey
pretended Bishop of Dunkeld, Master Adam Bannatine pretended Bishop of
Aberdene, Master John Gutherie pretended Bishop of Murray, Master John
Maxwel pretended Bishop of Rosse, Master George Greme pretended Bishop
of Orknay, Master John Abernethie pretended Bishop of Caithness, Master
Walter Whitefoord pretended Bishop of Brichen, Master James Wedderburne
pretended Bishop of Dumblane, Master James Fayrley pretended Bishop
of Argyle, Master Nail Campbell pretended Bishop of the Isles, to be
present at the said Assemblie, to answer to this complaint in generall,
and to the particular heads of it, to undergo the triall and censure of
it, and to bring with them the books and scroules of the subscriptions
and oaths of them who enter into the Ministerie, the books of the
High Commission, and the book of the Generall Assemblie, which they
either had or have fraudulently put away; and if any Pastor within this
Presbyterie refuse to publish this cytation, we require the Reader of
the Church to do it. In like manner wee require all parties who have
interest, either in pursuing, or specifying, or proving this complaint,
to be present at the said Assemblie for that purpose; Upon which the
complainers took instruments in the hands of the Notarie.