X. Farther: with no Law nor Reason can it subsist, that the same

persons shall bee both Iudges and Parties. And wee appeale the

Consciences of all honest men, if all, at least the greatest parte

of the pretended Commissioners, haue not declared themselues Partie

to the Arch-bishops, and Bishops, of this CHVRCH: for in that they

haue declyned the Bishops to be their Iudges as beeing their Partie,

(as their Declinators, Petitions, Declarations, and Protestations doe

beare,) haue they not _simul & semel, & ipso facto_ declared themselues

to bee Partie agaynst Bishops? Whom they haue not onlie declyned,

but persecuted by their Calumnies and Reproaches, vented by word and

writ, in publicke and in private; by invading their persons, opposing

and oppressing them, by strength of an vnlawfull Combination; for the

subscrybing and swearing whereof, they haue by their owne Authoritie

indicted and kept Fastes, not onelie in their owne Churches, but

where worthie men refused to bee accessorie to these disorderlie and

impious Courses, they haue, by ayde of the vnruly multitude, entered

their Churches, vsurped vpon their Charges; reading, and causing to be

read, that vnlawfull Covenant; by threatning and menacing, compelling

some (otherwise vnwilling) out of just feare, to set their hands to

it; by processing, suspending, and removing obedient and worthie

Ministers from their places by the vsurped Authoritie of their Table,

and Presbyteries. And whereas by all Law and Iustice, persons finding

themselues wronged in Iudgement, haue never beene denyed the remedie

of Declinatorie and Appellation: Neverthelesse not a few of these

Presbyteries haue proceeded against sundrie worthy Ministers, who haue

declined and appealed from their Iudgments, without respect to this

Defence: by these means craftilie intending to disable them to be

Commissioners for the CHVRCH; directlie, or indirectlie, causing their

Stipendes to bee kept backe from them: By which meanes, not the least

parte of the subscribing Ministers haue bene gained to their Covenant.

But it is without example, vncharitable, and illegall, that vnder the

pretext of Summons (the like whereof was never vsed, nor in the like

manner, agaynst the most haynous Malefactors in the kingdome) they haue

devised, forged, vented, and published a most infamous and scurrile

Libell, full of impudent Lies, and malicious Calumnies, against the

Arch-bishops, and Bishops, of this CHVRCH: and haue first given out

from their Table, the Order prescrybed in these subsequent Articles,

which we haue insert, that the World may be Witnesse of the Illegalitie

and Malicousnesse of their Proceedinges.

1. To desire the Presbyterie of everie Bishop, especiallie where hee

keepeth his residence, as also the Presbyterie where his Cathedrals

Seat is, to haue a speciall care of this Bill, and Complaynt agaynst

the Prelates, and particularlie agaynst the Bishop of their Diocese.

2. That some Noble-men, if anie be within the Presbyterie, some

Gentle-men and Barons, some Ministers, and some Commons, who are

not chosen Commissioners to the Assemblie, in their owne Name, and

in Name of all other Covenanters, or Complayners, eyther within the

Presbyterie, or Diocese, or whole Kingdome, who are not Commissioners

to the Assemblie, will adheare and assist in this Complaynt, that they

present this Bill to the Presbyterie.

3. That they who are Complayners, haue a particular care to fill up

the Blanks left in the Bill, in the Subsumptions of the particular

Faults committed by the Bishop of the Diocese, agaynst these generall

Rules, Canons, and Actes: or if these Blankes will not contayne the

same, that the Complayners draw vp in a particular Clayme, all the

particular Faultes, and Transgressions of the Bishop of that Diocese,

agaynst these Rules, Canons, and Acts, or anie other Law of the Church,

or Kingdome; and present the same to the Presbyterie, with this

generall Complaynt. And if they can not get the Particulars presentlie

readie, notwithstanding, they present without anie delay, because of

the scarcenesse of the tyme, this Complaynt, as it standeth with the

Blanks: and in the meane tyme, may gather anie other Particulars,

agaynst the Assemblie, to which this Complaynt is to bee referred.

4. That the Presbyterie finding the Complaynt important, & the Generall

Assemblie so approaching, referre the same to the Generall Assemblie,

by an Act of this Reference, insert in the Bookes of the Presbyterie.

5. That vpon this Reference of the Complaynt to the Assemblie, the

Presbyterie admonish the Complayners, _apud acta_, to be present at the

sayde Assemblie, for assisting and verifying of the sayde Complaynt.

6. That the Presbyterie ordayne all their Pastors, out of Pulpit,

on a Sabbath-day, before noone, to cause reade publicklie this whole

Complaynt, and the Presbyteries Reference to the Assemblie; and so to

admonish the Bishop of that Diocese, the Delinquent complayned upon,

with the rest of his Collegues, to be present at the Gen. Assembly,

to answere to the particular Complaynt, both in the particular and

generall heads thereof, given, or to be given in; & to abide the

censure & tryall of th’ Assemblie therevpon. And lykwyse, out of Pulpit

to admonish all others, who haue interest eyther in the persuing, or

referring this Complaynt, to be present, at the sayd Assemblie.

7. That the Presbyterie insert, in their Presbyterie-Bookes, the whole

tenour of this Complaynt, both in the generall and particular heads

thereof; and that they haue a care, to cause deliver, by their ordinary

Beadell, to the Bishop of the Diocese, a Copie thereof, and a Copie

of an Act, referring the same to the Assemblie; and summon him, to

compeare before the Assemblie. And if he be within the Countrey, and

cannot be personallie apprehended, to affix a full copie thereof vpon

each dwelling place, and vpon the most patent doore of the Cathedrall

Church, and Episcopall Seat.

8. That the Complayners, within the Presbyterie where the Bishop is

resident, or hath his Cathedrall, be carefull to keep corresponce

with those in other Presbyteries within their Diocese, who best can

specifie and verifie their Bishops vsurpation, & transgressions; and

who had particular Articles, to gather particular Declarations, and

Informations, of the same.

9. That some of these Complayners, in their own name, and with Warrand

and Power from the rest, without fayling, attend the Assemblie,

with the generall Complaynt, and particular Verifications, and

Specifications, of the same.

10. That in case the Presbyterie where the Bishop hath his residence,

or where he hath his Cathedrall, and Episcopall Seat, refuse to receaue

this Complaynt, or referre the same to the Assemblie, or to admonish,

or cite, the Bishop delinquent, before the Assemblie, to aunswere to

the Complaynt; That the Gentle-men, and others, who are Complayners to

the Presbyteries, vpon their Refusall, take instrument, in the handes

of the Clerke of the Presbyterie, or anie Notarie; and protest, That

their Refusall of the ordinarie care of Iustice, procured (without

doubt) by the Bishop of that Diocese, delinquent, complayned of, the

equivalent of Law and Reason, bee a formall Citation of him. Which

Protestation, they may affixe vpon the dwelling-house of the sayde

Bishop, or vpon his Cathedrall Church, or vpon the pryme Church within

the Presbyterie. And, That they may deale with anie other Presbyterie

within the Diocese, who is better disposed, and vpon their receat of

the Complaynt, will referre the same to the Assemblie, and cite the

Bishop in manner aboue-expressed, to compeare before the sayd Assemblie.

11. Item: Perhaps some Minister within the Presbyterie, may thinke some

Heads of this Complaynt, not to be relevant in his Opinion, or know

the Bishop not to bee guiltie of all the particular Heads contayned

therein: Yet hee in Iustice can not refuse to referre the tryall of

the Relevancie, and Probation thereof, to the Generall Assemblie,

especially, seeing the Relevancie and Probation of moe or fewer Points

agaynst the Bishop of the Diocese, is sufficient; and seeing the

Subsumption of everie particular Head, is agaynst the Bishop of the

Diocese, with his Colleagues.

12. Item, to desire the Presbytery, vpon Complaynts vpon anie persons

within the same, against any scandalous Minister, eyther in Doctrine or

Lyfe, eyther to judge the Complaynt, or referre the same to the tryall

and censure of the Generall Assemblie, and so to admonish and cite the

Minsters complayned vpon, to compeare before the Generall Assemblie,

for that ende.

According to which Articles, vpon Sunday, October 28, they caused reade

the sayd Libell in all the Churches of Edinburgh, notwithstanding

my Lord Commissioners command given to the Provest and Baylies to

the contrarie, except in Holie-Rood-House, where it was read the

next Sunday, as it was in other Churches of the Kingdome: proceeding

heerein, 1. Agaynst all Charitie, which doeth not behaue it selfe

vnseemlie, nor delighteth in the discoverie of mens nakednesse, nor

take vp a reproach, nor backbite with the tongue; much lesse to write

a Booke agaynst a Brother. 2. Agaynst the order prescrybed by the

Apostle; Not to rebuke an Elder, but to intreate him as a Father: and

by the Act of Parliament, Iac. 6, Parl. 8, discharging all persons to

impugne or to procure the diminution of the authoritie & power of the

three Estates, or anie of them. 3. Agaynst all lawfull and formall

proceeding, speciallie, that prescrybed by Act of Generall Assemblie

at Pearth, Martij. 1, 1596; whereby it is ordayned, That all Summons

contayne the speciall Cause and Cryme: which the sayde Libell doeth

not: nameing onelie generall Calumnies, Reproaches, and Aspersions,

without instruction of anie particular, but leaving these to bee filled

vp by malitious delation, after they haue defamed their Brethren by

publishing this Libell: as appeareth by the 8 and 11 Articles of the

sayde Instructions. And agaynst the order prescrybed by the Assemblie

at Saynct-Andrewes, Aprill 24, 1582; whereby it is enacted, That in

processe of deprivation of Ministers, there be a libelled Precept

vpon fourtie dayes warning, beeing within the Realme; and threescore

dayes, being without the Realme, to bee directed by the Church, and

such Commissioners thereof, as elect and admit the person complained

of, summoning them to compeare, & answere vpon the Complaint. And in

case of their absence at the first Summons, the second to be directed

vpon the lyke warning, with certification: if hee faile, the Libell

shall be admitted to probation, and he shall bee holden _pro confesso_.

Which forme not beeing kept in a Summons inferring the punishment

of Deprivation, the same can not bee sustayned by the order of that

Assemblie. 4. Agaynst common Equitie, which admitteth Summons onlie by

the authoritie of that Iudge before whom the Delinquent is to compeare.

Whereby the Summons directed by the authoritie of these pretended

Presbyteries, can not sustayne, for compearance before the Generall

Assemblie, nor could reference bee made from the Presbyterie, to the

Generall Assemblie, the parties never beeing summoned to compeare

before the Presbyterie, whereby eyther in presence of the Partie, or

in the case of contumacie, the Complaynt might be referred to the

Assemblie. That there was no Citation before the Reference, is cleare,

by the sayd Instructions. And what a strange and odious forme it is,

to insert such a calumnious Libell in the Presbyterie-Bookes, without

citing of the Parties, to aunswere therevnto; and to cite the Bishops

before the Generall Assemblie, by the sayde Libell, by publishing the

same at Churches, to the which they had no Relation, and were manie

miles distant; wee leaue it to the judgement of indifferent men. 5.

Agaynst all Decencie, and respect due to men of their Place, the sayde

persons, beeing Men of Dignitie, and some of them of his Majesties

moste HONOVRABLE PRIVIE COVNCELL, and knowne to bee of blamelesse

Conversation, and to haue deserved well, thus to be reviled, and

traduced, doeth redound to the reproach of Church, and State, and of

the Gospell, whereof they are Preachers. 6. Lastlie, to omit manie

other Informalities agaynst their owne Consciences, which wee charge in

the sight of GOD, as they must answere before His Great and Fearfull

Tribunall, If they suspect, and know not perfectlie, according to the

judgement of Charitie, them whom they thus accuse, to bee free of

these Crimes, wherewith they charge them; at least of manie of them;

as appeareth evidentlie by the xj Article of the said Instructions,

having therein libelled the Generall, and haue yet to seeke the

Specification thereof, from the malice of their neighbours, if so bee

they can furnish it. By which informall and malitious Proceeding, it

is most apparent, that our sayd Parties doe seeke our disgrace and

overthrowe, most malitiouslie, and illegallie. And therefore, wee call

Heaven and earth to witnesse, if this bee not a barbarous, and violent

persecution, that all Circumstances being considered, hath few or none

to parallell it, since the beginning of Christianitie: and if wee haue

not just cause to decline the sayde pretended Commissioners, as our

Partie.

Moreover, can these men expect, but in a lawfull Assemblie they were

to bee called and censured for their enorme transgressions foresayde?

And will anie man thinke, that they can be judges in their owne cause?

it is alleadged out of the Canon-Law, agaynst the Pope, that if the

Pope bee at variance with anie man, he ought not to bee judge himselfe,

but to choose Arbitrators. And this may militate agaynst them; except

they bee more vnrulie than Popes. Ludovicus Bavarus, and all the

Estates of Germanie with him, did pleade this Nullitie agaynst the

sentence and Proceeding of Pope Iohn 22, and of his Councell. And the

Archbishop of Cullen, 1546, did pleade the Nullitie of Paull 3 his Bull

of Excommunication, because hee protested, that so soone as a lawfull

Councell should bee opened, hee would impleade the Pope as Partie,

beeing guiltie of manie thinges censurable by the Councell.

But the late Protestation doeth show the Authors thereof, to bee no

lesse injurious to our Place, and Authoritie, than they are overweening

of their owne. For it is agaynst Reason and Practise of the Christian

Church, that no Primate, Archbishop, nor Bishop, haue place nor voyce

deliberatiue, nor decisue, in Generall Assemblies, except they bee

authorized, and elected, by their Presbyterial Meetinges, consisting of

Preaching and Ruling Elders, (as they call them) and without Warrand,

or Example, in the Primitiue, and purest tymes of the Church.

XII. This also doeth inferre the Nullitie of an Assemblie, if the

Moderator and President for matters of Doctrine, and Discipline,

shall bee neyther the Primate, Arch-bishop, nor Bishop; but he who

by pluralitie of Presbyters, and Lay-mens voyces, shall bee elected:

which happilie may bee one of the inferiour Clergie, or a Lay-person,

as sometymes it hath fallen out. Whereas Canonicallie, according to

the auncient practise of the CHVRCH, the Primate should preside:

according to the Constitution of the First Councell of Nice, Can. 6,

of Antioch, Can. 9, and of the Imperiall Lawe, Novell. Constitut. 123,

Cap. 10, and according to our owne Lawe. For what place in Assemblies,

Arch-bishops and Bishops had in other Christian Nations, the same they

had (no doubt) in SCOTLAND, and yet still doe retayne, except by some

Municipall Lawe it hath beene restrayned, which can not bee showne:

For the restraynt of their Authoritie by the Act of Parliament 1592.

is restored by the Act of Parliament 1606, and 1609, and all Actes

prejudiciall to their Iurisdiction abrogated. Neyther doeth that Act

1592, establishing Generall Assemblies, debarre Bishops from presiding

therein: Nor the abrogation of their Commission, graunted vnto them

by Act of Parliament, in Ecclesiasticall Causes, imply and inferre

the abrogation of that Authoritie, which they receaved not from the

Parliament, but from CHRIST, from Whom they receaved the Spirituall

Over-sight of the Clergie, vnder their Charge: wherevnto belongeth the

Presidentship in all Assemblies, for matters Spirituall; alwayes with

due Submission to the Supreame Governour: which is so intrinsecallie

inherent in them, as they are Bishops, that _hoc ipso_ that they are

Bishops, they are Presidents of all Assemblies of the Clergie: as

the Chancellour of the Kingdome hath place in Councell, and Session;

not by anie Act, or Statute, but _hoc ipso_ that hee is Chancellour.

By Act of Parliament, Bishops are declared, to haue their Right in

Synodes, and other inferiour Meetinges; but by no Lawe restrayned, nor

debarred from the exercyse of it in Nationall Assemblies: and the Lawe

allowing Bishops to bee Moderatours of the Synodes, doeth present a

List, in absence of the Metropolitane, to whome, of right, this Place

doeth belong, as sayd is, out of which the Moderator of the Generall

Assemblie shall bee chosen. For is it not more agreeable to Reason,

Order, and Decencie, that out of Moderators of Synodes, a Moderator

of the Generall Assemblie should bee chosen, than of the inferiour

Clergie, subject to them?

As concerning that Act of the General Assemblie, Anno 1580, whereby

Bishops are declared to haue no warrant out of Scripture, if corruption

of tyme shall bee regarded, the authoritie of that Assemblie might

bee neglected no lesse than that at Glasgow, Anno 1610. But it is

ordinarie that prior Actes of Assemblies and Parliamentes giue place

to the posterior; for _Posteriora derogant Prioribus_. And there past

not full six yeares, when a Generall Assemblie at Edinburgh found, that

the Name of Bishops hath a speciall charge and function annexed to it

by the Word of God; and that it was lawfull for the Generall Assemblie

to admit a Bishop to a Benefice, presented by the Kings Majestie, with

power to admit, visite, and depriue Ministers, and to be Moderatoures

of the Presbyteries where they are resident, and subject onelie to the

sentence of the Generall Assemblie.

As for that Act at Montrose, let them answere to it that haue their

calling by that Commission. Wee professe that wee haue a lawfull

calling by the election of the Clergie, who are of the Chapter of our

Cathedralls, and consecration of Bishops by his Majesties consent and

approbation, according to the laudable Lawes and auncient Custome of

this Kingdome, and of the Church in auncient tymes; and doe homage

to our Soveraigne Lord for our Temporalities, and acknowledge him,

_solo Deo minorem_, next vnto God in all causes, and over all persons

Spirituall or Temporall; in his owne Dominions supreame Governour.

But now wee may take vp _Cyprian_ his complaint, _Lib._ 3. _Ep._ 14.

_Quod non periculum metuere debemus de offensâ Domini, quando aliqui

de Presbyteris, nec Evangelii, nec loci sui memores; sed neque futurum

Dei judicium, neque præpositum sibi Episcopum cogitantes, quod nunquam

omnino sub antecessoribus factum est, cum contumelia & contemptâ

præpositi, totum sibi vendicent? A’que vtinam non prostrata fratrum

nostrorum salute sibi omnia vendicarent. Contumelias Episcopatus nostri

dissimulare & ferre possem; sicut dissimulavi semper & pertuli; sed

dissimulandi nunc locus non est, quando decipiatur fraternitas nostra à

quibusdam vestrum, qui dum sine ratione restituendæ salutis plausibiles

esse cupiunt, magis lapsis obsunt._

XIII. Lastlie; it is most manifest by the Premisses, how absurd it

is, and contrarie to all Reason and Practise of the Christian Church,

that Archbishops and Bishops shall bee judged by Presbyters; and more

absurd, that they should bee judged by a mixt meeting of Presbyters and

Laicks, conveaning without lawfull authoritie of the Church. Howe, and

by whome they are to bee judged, according to the custome of Auncient

times, may bee seene by the Councell of Chalcedon, Can. 9. and Concil.

Milevit. Can. 22. and Concil. Carthag. 2. Can. 10. Nor doe wee decline

the lawfull tryall of anie competent judicatorie in the Kingdome,

especiallie of a Generall Assemblie lawfully constitute, or of his

Majesties high Commissioner, for anie thing in life or doctrine can be

layde to our charge: onlie we declare and affirme, That it is against

Order, Decencie, and Scripture, that wee should be judged by Presbyters

or by Laickes, without Authoritie and Commission from Soveraygne

Authoritie.

For the reasons fore-sayd, and manie moe, and for discharge of our

duetie to GOD, to his CHVRCH, and to our Sacred Soveraygne, lest by our

silence we betray the CHVRCHE’S right, his Majesties Authoritie, and

our owne Consciences, Wee for our selues, and in Name of the CHVRCH

of SCOTLAND, are forced to protest, That this Assemblie bee reputed

and holden Null in Lawe Divine and Humane; and, That no Church-man

bee holden to appeare before, assist or approue it; and therefore,

that no Letter, Petition, Subscription, Interlocutor, Certification,

Admonition, or other Act what-so-ever proceeding from the said

Assemblie, or anie member thereof, bee anie wise prejudiciall to the

Religion and Confession of Fayth by Act of Parliament established,

or to the Church, or anie member thereof, or to the Iurisdiction,

Liberties, Priviledges, Rentes, Benefices, and Possessions of the

same, Actes of Generall Assemblie, of Councell, and Parliament, in

Favoures thereof; or to the three Estates of the Kingdome, or anie of

them; or to vs, or anie of vs, in our Persons, or Estates, Authoritie,

Iurisdiction, Dignitie, Rentes, Benefices, Reputation, and good Name:

But on the contrarie, That all such Actes and Deedes aboue-mentioned,

and every one of them, are, and shall bee reputed and esteemed vnjust,

illegall, and Null in themselues; with all that hath followed, or may

follow there-vpon.

And for as much as the sayde Assemblie doeth intende, (as we are

informed) to call in question, discusse, and condemne thinges not

onelie in themselues lawfull, and warrandable; but also defined and

determined by Actes of Generall Assemblie, and Parliaments, and in

practise accordinglie; to the disgrace and prejudice of Reformed

Religion, authoritie of the Lawes and Liberties of the Church and

Kingdome; weakning his Majesties Authoritie, disgracing the Profession

and Practise, which hee holdeth in the Communion of the Church where he

liveth; and branding of Reformed Churches, with the foule aspertions

of Idolatrie and Superstition: Wee protest before GOD and man, that

what shall bee done in this kinde, may not redound to the disgrace

or disadvantage of Reformed Religion, nor bee reputed a deede of the

Church of SCOTLAND.

Wee protest, that wee imbrace and hold, That the Religion presentlie

professed in the Church of Scotland, according to the Confession

thereof, receaved by the Estates of this Kingdome, and ratified in

Parliament, the yeare 1567, is the true Religion, bringing men to

Eternall Salvation, and doe detest all contrarie Errour.

Wee protest, That Episcopall Government in the Church, is lawfull, and

necessarie: and, That the same is not opposed, and impugned, for anie

Defect or Fault, eyther in the Government or Governoures; but by the

malice and craft of the Devill, envying the successe of that Government

in this CHVRCH these manie yeares by-past, most evident, in planting

of Churches with able and learned Ministers, recovering of the Church

Rents, helping of the Ministers Stipends, preventing of these jarres

betwixt the KING and the CHVRCH, which in former tymes dangerouslie

infested the same, keeping the people in Peace and Obedience, and

suppressing of Poperie, which in respect eyther of the number of their

Professoures, or boldnesse of their Profession, was never at so lowe an

ebbe in this Kingdome, as before these stirres.

Records of the Kirk of Scotland containing the Acts and Proceedings of the General Assemblies from 1638 downwards, as authenticated by the clerks of assembly. · 第 27 / 186 段