reference of it, I A. R. warne and admonish the abovenamed offenders to
compeere before the next Generall Assemblie to bee holden at Glasgow
21. November, for the causes contained in the complaint, and for the
certification expressed in it.
* * * * *
1638.—October.
84. _Notice from Tables to Members of Assembly._[109]
1. That all Noblemen subscribers of the Covenant (except the Noblemen
of the West, who shall be ready upon advertisement) meet at Edinburgh
the 12. of November, and stay there till they goe to Glasgow, where
they shall all meet on Saturday the 17. of November at the furthest.
2. That the full number of these who are appointed Commissioners by
the severall shires, to attend this common cause, with foure Gentlemen
within the bounds of every Presbyterie at the least, out of the number
of their Assessors, without excluding any voluntaries, That they come
to Glasgow the 17. day of November, to attend constantly the Assembly,
and give their advice in the common cause to the ruling Elders,
Commissioners to the Assembly out of these Shires and Presbyteries.
3. That the Burrowes appoint (according to their quality and number)
two, foure, or six of most judicious men to come to Glasgow the 17. of
November, and there constantly to attend the Assembly, and give their
advice to their Commissioner in this common cause.
4. That the Fast be observed the fourth day of November universally,
with any other dayes they may conveniently: and if any be repairing to
the Assembly, that they keepe the Fast where they shall bee for the
time.
5. That now especially, seeing rulers Elders from particular
Congregations are received in Presbyteries, that particular
Congregations take such course that no Minister Commissioner be forced
to be absent from the Assembly for want of necessarie charges.
6. That where any hath beene deceived or compelled to subscribe this
new Covenant, that the Ministers take their Declarations in writing, or
by act in the bookes of Session, or before one witnesse, that they were
forced, deceived, or mistaken: And that every Minister make known, and
intimate publikely to the people the printed protestation, contayning
the reasons against this new subscription; and where the Minister
refuseth, that some well affected Gentleman doe it.
* * * * *
1638.—November 16, 17, and 20.
85. _The Declinator and Protestation of the Archbishops, and Bishops,
of the Church of Scotland, and others their Adherents within that
Kingdome: Agaynst the pretended Generall Assemblie, holden at Glasgow,
Novemb. 21. 1638. Aberdene, Printed by Edward Raban, According to
the Copie Printed at London_ 1639. ☞ It is his Majesties pleasure
that this be printed: For the which, this shall bee your Warrand:
HAMILTON.[110]
We Arch-bishops, Bishops, and other Under-subscrybers, for our selues,
and in name & behalfe of the Church of Scotland, (whereas it hath
pleased the King’s Majestie, to indict A Generall Assemblie of the
Church, to bee kept at Glasgow, Novemb. 21. 1638. for composing and
setling of the Distractions of the same) First doe acknowledge, and
professe, That A Generall Assemblie, lawfullie called, and orderlie
conveaned, is a most necessarie & effectual Meane, for removing those
evills wherewith the sayd Church is infested, and for setling that
Order which becometh the House of GOD: and, That we wish nothing more,
than a Meeting of a peaceable and orderlie Assemblie, to that effect.
Secondlie, we acknowledge, and professe, as becometh good Christians,
and faythfull Subjects, That his Majestie hath authoritie, by his
Prerogatiue Royall, to call Assemblies, as is acknowledged by the
Assemblie at Glasgow, 1610, and Parliament 1612. and, That it is not
lawfull to conveane without his Royall consent, and approbation, except
wee will put our selues in danger to be called in question for Sedition.
Yet, never-the-lesse, in sundrie respectes wee can not but esteeme
this Meeting at Glasgow, most vnlawfull, and disorderlie: and their
Proceedinges voyde, and Null in Lawe, for the Causes and Reasons
following.
I. First: Before his Majesties Royall Warrand to my Lord Commissioner
his Grace, to indict A Lawfull Free Generall Assemblie, the vsurped
Authoritie of the Table, (as they call it) by their Missiues, and
Instructions, did giue order and direction, for all Presbyteries,
to elect and choose their Commissioners for the Assemblie; and for
seeking of GOD’S Blessing to it, to keepe a solemne Fast, September 16:
whereas his Majesties Warrand, for indicting of that Assemblie, was not
published till the 22 of that Moneth. So that they Preventing, and not
proceeding by Warrand of Royall Authoritie, the pretended Commissioners
beeing chosen before the Presbyteries were authorised to make election,
can not be reputed Members of a Lawfull Assemblie.
II. A Lawfull Assemblie, must not onelie bee indicted by Lawfull
Authoritie, (as wee acknowledge this to bee) but also constituted
of such Members, as are requisite to make vp such a Bodie. For, if
according to the Indiction, none at all doe conveane; or, where the
Clergie is called, there meet none but Laicks; or moe Laicks, than
of the Clergie, with equall power, to judge, & determine; or such of
the Laicks, and Clergie, as are not lawfullie authorized, or are not
capable of that Employment by their Places; or such as are legallie
disabled to sit, and decide in an Assemblie of the Church. A Meeting
consisting of such Members, can not be thought a Free and Lawfull
Assemblie, by that Act of Parliament, Iac. 6. Parl. 3. cap. 46. 1572.
Everie Minister, who shall pretend to be a Minister of God’s Word and
Sacraments, is bound to giue his assent & subscription to the Articles
of Religion, contayned in the Acts of our Soveraygne Lord’s Parliament;
and in presence of the Archbishop, Superintendent, or Commissioner of
the Province, giue his Oath, for acknowledging and recognoscing of
our Soveraygn Lord, and his Authoritie, and bringing a Testimoniall
in writ therevpon; and openlie, upon some Sunday, in tyme of Sermon,
or publicke Prayers, in the Church where hee ought to attend, reade
both the Testimoniall and Confession, and of new make the sayd Oath,
within a moneth after his admission; vnder the payne, that everie
person, that shall not doe as is aboue-appoynted, shall _ipso facto_ be
deprived, & all his Ecclesiasticall promotions, and living, shall be
then vacant, as if he were then naturallie dead; and that all inferiour
persons, vnder Prelates, be called before the Arch-bishops, Bishops,
Superintendents, and Commissioners of the Dioceses, or Province, within
which they dwell, as the Act beareth.
III. All of the Clergie conveaned to this Assemblie, pretend themselues
to bee Ministers of GOD’S Word, and Sacramentes, and haue Benefices,
or other Ecclesiasticall Livings, yet neverthelesse the most part of
them, haue never in presence of the Archbishop, Bishop, Superintendent,
or Commissioner of the Diocese, or Province, subscrybed the Articles
of Religion, contayned in the Actes of Parliament, and given their
oath, for acknowledging and recognoscing our Soveraygne Lord, and his
Authoritie, and brought a Testimoniall thereof: And, therefore, they
are, _ipso facto_, deprived, and their places voyde, as if they were
naturallie dead, and consequentlie having no place nor function in
the Church, can not be Commissioners to this Assemblie: _hoc maximè
attento_, that the sayd persons not onlie haue never given their
Oath, for acknowledging his Majesties Authoritie, nor can show no
Testimoniall therevpon, as they are bound by the sayd Act: But also
having as subjectes comprehended in the representatiue bodie of this
Kingdome, “Promised to acknowledge, obey, mayntayne, defende, and
advaunce, the Lyfe, Honour, Safetie, Dignitie, Soverayne Authoritie,
and Prerogatiue Royall, of his Soverayne Majestie, his Heyrs &
Successours, and Priviledges of his Highnesse Crowne, with their
lyues, lands, and goods, to the vttermost of their power, constantlie,
& faythfullie, to withstand all and whatsoever persons, powers, and
estates, who shall presume, preasse, or intende, anie wyse to impugne,
prejudge, hurt, or impare the same; and never to come in the contrarie
thereof, directlie or indirectlie, in anie tyme coming; as the Acts of
Parliament, Jac. 6. Parl. 18. cap. 1. Car. Parl. cap. 1. doe proport.”
And more-over, Being obliedged at their Admission, to giue their
Oath, for performance of this duetie of their Alledgeance; “And to
testifie and declare on their conscience, That the KING is the lawfull
Supreame Governour, as well in matters Spirtuall and Ecclesiasticall,
as Temporall; and to assist and defende all Iurisdiction and
Authoritie, belonging to his Majestie, by the Act of Parliament
1612.” Yet notwithstanding of the sayde Bandes, Actes, and Promises,
whereby the sayd persons are so strictlie bound to the performance
of the Premisses, his Majestie having ordayned, by Act of Councell,
at Holie-Rood-House, Sept. 24. 1638. and Proclamations following
therevpon, That all his Majesties Liedges, of whatsoever estate,
degree, or qualitie, Ecclesiasticall or Temporall, should sweare and
subscrybe the sayde CONFESSION; together with a generall BAND, for
defending his Majesties person and authoritie, agaynst all Enemies
within this Realme, or without, haue not onlie refused to subscrybe
the sayd BAND and CONFESSION; but haue in their Sermons, and other
Speaches, disswaded, deterred, impeded, and hindered others of the
Liedges to subscrybe the same; and publicklie protested agaynst the
subscription thereof: And therevpon can not conveane, nor concurre
lawfullie, to the making vp of the bodie of an Assemblie of the
CHVRCH, as being deprived and denuded of all place and function in the
same.
IV. A Generall Assemblie was condescended vnto, out of his Majesties
gracious Clemencie, and pious Disposition, as a Royall Favour to those
that so should acknowledge the same, and acquiesce to his gracious
pleasure, and carrie themselues peaceablie, as loyall and duetifull
Subjects, which the Commissioners directed to this Assemblie, supposed
to bee of the number of those that adheare to the last Protestation
made at Edinb. Sept. 1638. doe not so account of, and accept, as
appeareth by the sayde Protestation: whereby they protest, That
it shall bee lawfull for them, as at other times, so at this, to
assemble themselues, notwithstanding anie impediment, or prorogation,
to the contrarie: as also by continuing their Meetings and Table,
discharged by Authoritie, refusing to subscrybe the BAND according to
his Majesties, and Councells, command, for mayntayning his Majesties
Royall person, and authoritie, protesting agaynst the same; still
insisting with the Liedges, to subscrybe the Band of mutuall defence,
agaynst all persons what-so-ever, and remitting nothing of their former
proceedinges, where-by his MAIESTIES wrath was provoked: thereby they
are become in the same state and condition wherein they were before
his Majesties Proclamation and pardon; and so forfayte the favour of
this Assemblie, and libertie to bee Members thereof. And others of
his MAIESTIES Subjectes may justlie feare to meete with them in this
Convention, for that by the Act of Parliament, lac. 6. Parl. 15. Cap.
31. Prelacies beeing declared to bee one of the three Estates of this
Kingdome, and by the Act of Parliament, lac. 6. Parl. 8. Cap. 130.
All persons are discharged to impugne the dignitie and authority of
the three Estates, or any of them in time coming, vnder the paine
of Treason. And whereas the King by his Proclamation, declareth
Archbishops and Bishops, to haue voyce in the Generall Assemblie,
and calleth them to the same for that effect, as constantlie they
haue beene in vse in all Assemblies, where they were present, as
appeareth by manie Acts of the Generall Assemblie, ordayning them
to keepe and assist at the same, as in the Assemblie at Edinburgh,
December 15. 1566. At Edinburgh, March 6. 1572. At Edinburgh, May
10. 1586. And by a Letter, written by the Assemblie, March 6. 1573.
to the REGENT, earnestlie desiring his owne, or his Commissioner’s,
presence, and the Lords of Councell and the Bishops, at the Assemblie.
They notwithstanding by the sayde Protestation, September 22. declared
Archbishops and Bishops, to haue no Warrand for their Office in this
CHURCH, to be authorized with no lawfull Commission, and to haue no
place nor voyce in this Assemblie; and withall doe arrogate to their
Meetinges, a Soveraygne Authoritie, to determine of all Questions and
Doubtes that can aryse, contrarie to the freedome of the Assemblie,
whether in Constitution and Members, or in the matters to bee treated,
or in manner and order of proceeding. Which howe it doeth stand with
his Majesties supremacie, in all Causes, and over all persons, wee
leaue it to that judgement, wherevnto it belongeth; and doe call GOD
and Man to Witnesse, if these bee fit Members of an Assemblie, intended
for the Order and Peace of the CHURCH.
V. Giving, and not graunting, That the persons foresayde, directed
Commissioners in name of the Clergie, to this Meeting, were capable of
that Authoritie, and that the sayd Presbyteries had the authoritie, to
direct Commissioners to the Generall Assemblie; yet haue they nowe
lost, and fallen from all such Right, if anie they had; in so farre
as they haue deposed the Moderators, who were lawfullie appoynted to
governe them, by the Bishops in their Synodes, and elected others
in their places, contrarie to the Act of the Assemblie at Glasgow,
1610, and Act of Parl. 1612; ordayning Bishops to be Moderators at
these Meetinges; and in their absence, the Minister whome the Bishop
should appoynt at the Synode. So these Meetings having disclaymed the
Authoritie of Bishops, deposed their lawfull Moderators, & choosing
others, without Authoritie, can not bee esteemed lawfull Convocations,
that can haue lawfull power of sending out Commissioners, with
authoritie, to judge of the Effayres of this CHVRCH.
VI. And yet doeth the Nullitie of the Commissions flowing from such
Meetinges, farther appeare in this, That they haue associate to
themselues, a Laicke-ruling-Elder, (as they call them) out of everie
Session, and Parish; who beeing ordinarilie the lord of the Parish,
or the man of the greatest authoritie in the Boundes, doeth over-rule
in the election of the sayd Commissioners, both by his authoritie,
and their number being moe than the Ministers, whereof some beeing
ordinarilie absent, and fiue or six, or so manie of them, put in
list, and removed, there remayne but a few Ministers, to voyce to
the Election: and in effect the Commissioners for the Clergie, are
chosen by Laymen, contrarie to all order, decencie, and custome
observed in the Christian world; no wyse according to the custome of
this CHVRCH, which they pretend to follow; the Presbyteries formerlie
never associating to themselves Lay-Elders in the election of the
Commissioners to the Generall Assemblie, but onlie for their assistance
in Discipline, and correction of Manners; calling for them at such
occasions, as they stoode in neede of their Godlie Concurrence;
declaring otherwyse their meeting not necessarie; and providing
expresselie, that they should not be equall, but fewer in number, than
the Pastors: as by the Act of Assemblie at Saynct-Andrewes, Aprill
24, 1582, (where Master Andrew Melvill was Moderatour) doeth appeare:
lyke as these fourtie yeares by-gone, and vpwardes, long before the
re-establishing of Bisshops, these Lay-Elders haue not beene called
at all to Presbyteries. And by the Act at Dundie, 1597; whereby
it is pretended, That Presbyteries haue authoritie to sende these
Lay-Commissioners, it doeth no wyse appeare, that those Lay-Elders
had anie hand in choosing of the Ministers. And this is the onlie Act
of the Assemblie, authorizing Presbyteries, to choose Commissioners
to the Generall Assemblie: nor haue Lay-Elders sate ordinarilie in
Presbyteries, vpon anie occasion, these fourtie yeares, and vpwardes:
nor ever had anie place, nor voyce, in the election of Ministers, for
the Generall Assemblie; and consequentlie, these chosen by them to this
Assemblie, haue no lawfull power, nor authoritie.
VII. Beside; the persons Ecclesiasticall, pretended to be authorized
Commissioners to this Assemblie, haue so behaved themselues, that
justlie they may be thought vnworthie and vncapable of Commission to a
Free and Lawfull Assemblie.
1. For that by their seditious and rayling Sermons and Pamphlets, they
haue wounded the KING’S Honour and Soveraygne Authoritie, and animated
his Liedges to Rebellion; averring that all Authoritie Soveraygne,
is Originallie in the Collective bodie, derived from thence, to the
Prince; and that not onlie in case of negligence, it is Suppletive in
the Collectiue bodie, as beeing communicate from the Commontie to the
King; Cumulative, not Privative; but also in case of maladministration,
to returne to the Collectiue bodie; so that _Rex excisit jure suo_, and
that they may refuse Obedience.
2. Next; they are knowne to bee such as haue eyther beene
Schismaticallie refractarie and opposite to good Order setled in
the CHVRCH and STATE; or such as having promised, subscribed, and
sworne Obedience to their Ordinarie, haue never made conscience of
their Oath; or such as haue sworne, and accordinglie practised; yet
contrarie to their Promise and Practise, haue resiled, to the contempt
of Authoritie, and disturbance of the CHVRCH; or such as are vnder the
Censures of the Church of Ireland, for their disobedience to Order; or
vnder the Censures of this CHVRCH; or conveaned, at least deserving to
bee conveaned before the Ordinaries, or a lawfull Generall Assemblie,
for diverse Transgressions, deserving deprivation: As, first, For
vttering in their Sermons rash and irreverend speaches in Pulpit,
agaynst his Majesties Councell, and their Procedinges, punishable by
Deprivation: by the Act of Assemblie at Edinburgh, May 22. anno 1590.
Next; For reproving his Majesties Lawes, Statutes, and Ordinances,
contrarie to the Act of Assemblie at Pearth, May 1. Anno 1596.
Thirdlie; For expressing of mens names in Pulpit, or descrybing them
viuelie to their reproach, where there was no notorious fault; agaynst
another Act of the same Assemblie. Fourthlie; For vsing Applications
in their Sermons, not tending to the edification of their present
Auditorie; contrarie to another Act of the same Assemblie. Fiftlie;
For keeping Conventions, not allowed by his Majestie, without his
knowledge, and consent; contrarie to another Act of the same Assemblie.
Sixtlie; For receaving of people, of other Ministers Flockes, to the
Communion; contrarie to Order, Actes of Assemblies, and Counsels.
Seaventhlie; For intruding themselues into other mens Pulpits,
without Calling or Authoritie. Eyghtlie; For vsurping the Authoritie
to convent their Brethren, and proceede agaynst them to the Censures
of Suspension, and Deprivation. Nynthlie; For pressing the people to
subscrybe a Covenant, not allowed by Authoritie; and opposing and
withstanding the subscrybing of a COVENANT offered by his Majestie, and
allowed by the Counsell: Beside manie personall faultes and enormities,
whereof manie of them are guiltie, which in Charitie, we forbeare to
expresse. But heereby it doeth appeare, how vnfit these persons are, to
bee Members of a Free and Lawfull Assemblie.
VIII. Nor doeth it stand with Reason, Scripture, or Practise of the
Christian Church, that Lay-men should bee authorized to haue decisiue
voyce in a Generall Assemblie. In that Act of Dundie, 1597, whereby
these Elders pretende to haue this place, there is no Warrand expressed
for them, to deliberate and determine. Their presence and assistance
wee approue, being allowed and authorized by the Prince. The Kings
Majesties presence in person, or by his Delegates, wee holde moste
necessarie to see all thinges orderlie and peaceablie done; and that
hee haue the chiefe hand in all Deliberations and Determinations.
Nor doe wee refuse, that anie Intelligent or moderate man, may make
remonstrance of his opinion, with the reasons of it, in that way that
becommeth him in a Nationall Assemblie; due reverence beeing kept, and
Confusion avoyded. But that anie Lay-man, except hee bee Delegate by
Soveraygne Authoritie, shall presume to haue a definitiue and decisiue
Voyce, wee esteeme it to bee intrusion vpon the Pastorall Charge, and
without Warrand. May wee not, therefore, intreat my Lord Commissioner
his Grace, in the words of the Fathers of the Fourth Generall Councell
at Chalcedon, _Mitte foras superfluos_? Nor will a pious Prince
bee offended with it, but, with Theodosius the younger, will say,
_Illegitimum est, eum qui non sit in ordine Sanctissimorum Episcoporum,
Ecclesiasticis immisceri tractatibus_ ________ And Pulcheria the
Empresse, commaunded _Strategus, Vt Clerici, Monachi, & Laici, vi
repellerentur, exceptis paucis lilis, quos Episcopi secum duxerunt_.
Upon this respect was Martinus in that Councell of Chalcedon, moved to
say, _Non esse suum, sed Episcoporum tantum subscribere_.
IX. If these pretended Commissioners, both Lay and Ecclesiasticall,
were lawfullie authorized, (as it is evident they are not,) and for
none other cause declinable, yet the Law doeth admit, that justlie
a Iudge may bee declined, who is probablie suspect. And of all
probabilities, this is the most pregnant, when the Iudge, before hee
come to judgement, doeth giue sentence of these things hee hath to
judge. This made our Reformers Protestation agaynst the Councell of
Trent valide; and their not compearing, justifiable, because Pope Leo
10 had precondemned Luther, as appeared by his Bull, dated 8 Iunii,
1520, renewed by Paul 3, dated in August 1535. This was the cause why
Athanasius would not giue his appearance at some Councells, nor Hosius
of Corduba, nor Maximus Patriarch of Constantinople. But so it is,
the most part, if not all of the sayde Commissioners directed to this
Meeting haue precondemned EPISCOPALL GOVERNMENT, and condemned, at
least suspended Obedience to the Acts of the Generall Assemblie and
Parliament, concerning the fiue Articles of Pearth, haue approven their
COVENANT as most necessarie to be embraced of all in this Kingdome;
and not onelie haue given judgement of these thinges before-hand; but
by most solemne Oathes haue bound themselues, to defende and stand to
the same: as doeth appeare by their Covenant, Petitions, Protestations,
Pamphlets, Libels, and Sermons. And, therefore, by no Law nor Equitie,
can these pretended Commissioners bee admitted to determine in this
Meeting, concerning these Persons and Poynts, which before-hand they
haue so vnjustlie condemned.