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.