For the Ministers chosen Commissioners hither, besides that the fittest

are passed by, and some chosen who were never Commissioners of any

Assembly before, that so they might not stand for their own Liberty in

an Assembly of the nature whereof they are utterly ignorant, choice

hath been also made of some who are under the Censure of the Church,

of some who are deprived by the Church, of some who have been banished

and put out of the University of Glasgow, for teaching their Scholars

that Monarchies were unlawful, some banished out of this Kingdom for

their Seditious Sermons and Behaviour, and some for the like Offences

banished out of another of His Majesties Kingdoms, Ireland, some

lying under the fearful Sentence of Excommunication, some having no

Ordination nor Imposition of Hands, some admitted to the Ministry

contrary to the standing Laws of this Church and Kingdom, all of them

chosen by Lay-elders; what a Scandal were it to the Reformed Churches

to allow this to be a lawful Assembly, consisting of such Members, and

so unlawfully chosen?

Of this Assembly divers who are chosen are at the Horn, and so by

the Laws of this Kingdom are uncapable of sitting as Judges in any

Judicatory.

Three Oaths are to be administered to every Member of this Assembly,

the Oath for the Confession of Faith, lately renewed by His Majesties

Commandment, the Oaths of Allegeance and Supremacy; and whosoever

shall refuse any of these, cannot be a Judge in any Judicatory of this

Kingdom: and therefore resolve presently whether you will take them or

not.

You have cited the Reverend Prelats of this land to appear before

you by a way unheard-of, not only in this Kingdom, but in the whole

Christian World, their Citations being read in the Pulpits, which

is not usual in this Church; nay, and many of them were read in the

Pulpits after they had been delivered into the Bishops own hands.

How can His Majesty deny unto them, being His Subjects, the benefit

of His Laws, in declining all those to be their Judges, who by their

Covenant do hold the principal thing in question, to wit, Episcopacy

to be abjured, as many of you do? or any of you to be their Judges,

who do adhere to your last Protestation, wherein you declare, that it

is an Office not known to this Kingdom, although at this present it

stand established both by Acts of Parliaments, and Acts of General

Assemblies? Who ever heard of such Judges as have sworn themselves

Parties? And if it shall be objected, that the Orthodox Bishops in

the first four and other General Councils could not be denied to be

competent Judges of the Hereticks, though beforehand they had declared

their Judgments against their Heresies: it is easily answered, that

in matters of Heresie no man must be patient, since in Fundamental

points of Faith a man cannot be indifferent without the hazard of his

Salvation, and therefore must declare himself to be on Christs side,

or else he is against him; but in matters of Church-government and

Policy, which by the Judgment of this Church in the 21ᵗʰ Article of our

Confession is alterable at the will of the Church, it is not necessary

for any man who means to be a Judge, to declare himself, especially

against that Government which stands established by Law at the time of

his Declaration, being not onely not necessary, but likewise not lawful

for him at that time so to doe; now this Declaration all you who adhere

to the last Protestation have made, even since you meaned to be the

Bishops Judges. Besides, even those Orthodox Fathers never did declare

themselves against the Hereticks, their Persons or Callings, by Oaths

and Protestations, as you have done; for that had been a prejudging in

them, and this prejudging in you makes you now to be incompetent Judges.

Upon the whole matter then there are but two things left for me to

say: first, you your selves have so proceeded in the business of this

Assembly that it is impossible the fruits so much wished and prayed

for can be obtained in it; because standing as it does, it will make

this Church ridiculous to all the Adversaries of our Religion, it

will grieve and wound all our Neighbour Reformed Churches who hear of

it; it will make His Majesties Justice to be traduced throughout the

whole Christian World, if he should suffer His Subjects in that which

concerns their Callings, their Reputations and their Fortunes, to be

judged by their sworn Enemies. If therefore you will dissolve your

selves, and amend all these errours in a new Election, I will with all

convenient speed address my self to His Majesty, and use the utmost

of my Intercession with His Sacred Majesty for the Indiction of a new

Assembly, before the meeting whereof all these things now challenged

may be amended: if you shall refuse this Offer, His Majesty will then

declare to the whole World, that you are disturbers of the Peace of

this Church and State, both by introducing of Lay-elders against the

Laws and Practices of this Church and Kingdom, and by going about to

abolish Episcopal Government, which at this present stands established

by both the said Laws: two points (I daresay) and you must swear it, if

your Consciences be appealed to, (as was well observed by that Reverend

Gentleman we heard preach the last Sunday) which these you drew into

your Covenant were never made acquainted with at their entering into

it; much less could they suspect, that these two should be made the

issue of this business, and the two stumbling-blocks to make them fall

off from their Natural Obedience to their Soveraign.

_The Commissioner’s Reply to the Moderator._[127]

As for your pretence of your unlimited Freedom, you indeed refused

so much as to hear from His Majesties Commissioner, of any precedent

Treaty for the preparing and right-ordering of things before the

Assembly; alledging, that it could not be a free Assembly where there

was any Prelimitation either of the Choosers, or of those to be chosen,

or of things to be treated of in the Assembly, but that all things

must be discussed upon the place, else the Assembly could not be free:

but whether you your selves have not violated that which you call

Freedom, let any man judge; for besides these Instructions, which it

may be are not come to our knowledge, we have seen, and offer now to

produce, four several Papers of Instructions sent from them, (whom

you call the Tables) containing all of them Prelimitations, and such

as are not onely repugnant to that which you call the Freedom, but to

that which is indeed the Freedom of an Assembly. Two of these Papers

were such as you were contented should be communicated to all your

Associates, to wit, that larger Paper sent abroad to all Presbyteries,

immediately after His Majesties Indiction of the Assembly, and that

lesser Paper for your meeting first at Edinburgh, then at Glasgow,

some days before the Assembly; which Paper gave order for chusing of

Assessors, and divers other particulars: but your other two Papers of

Secret Instructions were directed, one of them onely to one Minister of

every Presbytery, to be communicated by him as he should see cause, but

to be quite concealed from the rest of the Ministers; the other Paper

was directed onely to one Lay-elder of every Presbytery, and to be

communicated by him as he should see cause, but to be quite concealed

from all others: in both which Papers are contained such Directions,

which being followed, as they were, have quite banished all Freedom

from this Assembly; as shall appear by reading the Papers themselves.

[These he caused read, but they were disowned by the Members of the

Assembly; and they said, they might have been the private Opinions of

some, but did infer no Prelimitation on the Assembly: to which the

Marquis answered]—

That all the Elections being ordered according to these, was a clear

proof, they were sent by an Authority which all feared to disobey. And

after that he told, That for many moneths the Orders of the Table had

been obeyed by all; but he would now make a trial what Obedience they

would give to the Kings Command: and protested, that one of the chief

Reasons that moved him to dissolve this Assembly, was to deliver the

Ministers from the Tyranny of Lay-elders, who (if not suppressed) would

(as they were now designing the ruine of Episcopal Power) prove not

onely Ruling, but Over-ruling-elders.

* * * * *

1638.—November 29.

100. _Royal Proclamation anent the Assembly._[128]

CHARLES by the grace of God, King of Scotland, England, France,

and Ireland, Defender of the Faith. To Our Lovits _____________

__________________ Heraulds, Pursevants, Our Sheriffes in that part

conjunctly & severally specially constitute, greeting. Forsameikle

as out of the royall & fatherly care which We have had of the good &

peace of this Our ancient and native Kingdome, having taken to Our

serious consideration all such things as might have given contentment

to Our good & loyall subjects: And to this end had discharged by Our

Proclamation the Service Booke, Booke of Canons, and high Commission,

freed and liberate all men from the practising of the five Articles,

made all Our subjects both ecclesiasticall & civill liable to the

censure of Parliament, generall Assembly, or any other Iudicatorie

competent, according to the nature and qualitie of the offence; and

for the free entrie of Ministers, that no other oath be administrate

unto them then that which is contained in the Act of Parliament: had

declared all by-gone disorders absolutely forgotten & forgiven: and

for the more full and cleare extirpating all ground & occasion of

feares of innovation of Religion, We had commanded the confession of

faith, and band for maintenance thereof, and of authoritie in defence

of the same, subscribed by Our deare Father, and his household, in

anno 1580. to bee renewed and subscribed againe by Our subjects here:

Likeas for settling of a perfect peace in the Church and Commonwealth

of this Kingdome, We caused indict a free generall Assembly to bee

holden at Glasgow the 21. of this instant, and thereafter a Parliament

in May 1639. By which clement dealing, We looked assuredly to have

reduced Our subjects to their former quiet behaviour & dutifull

carriage, whereto they are bound by the Word of God, and Lawes both

nationall and municipall, to Us their native and Soveraigne Prince.

And albeit the wished effects did not follow, but by the contrary, by

Our so gracious procedure they were rather emboldened, not onely to

continue in their stubborne and unlawfull waies, but also daily adde to

their former procedures acts of neglect, & contempt of authority, as

evidently appeared by open opposing of Our just & religious pleasure

and command, exprest in Our last Proclamation anent the discharge of

the Service Booke, Booke of Canons, high Commission, &c. protesting

against the same, and striving by many indirect meanes to withdraw the

hearts of Our good people, not onely from a hearty acknowledgement of

Our gracious dealing with them, but also from the due obedience to

those Our just and religious commands, notwithstanding We had been

formerly so oft petitioned by themselves for the same. By their daily

and hourely guarding and watching about Our Castle of Edinburgh,

suffering nothing to be imported therein, but at their discretion, And

openly stopping and impeding any importation of ammunition, or other

necessaries whatsoever to any other of Our houses within that Kingdome:

Denying to Us their Soveraign Lord that libertie and freedome, which

the meanest of them assume to themselves, (an act without precedent or

example in the Christian world,) By making of Convocations and Councell

Tables of Nobility, Gentry, Burrowes and Ministers within the Citie

of Edinburgh, where not regarding the Lawes of the Kingdome, they,

without warrant of authoritie, conveene, assemble, and treat upon

matters, as well ecclesiasticall as civill, send their injunctions and

directions throughout the country to their subordinate Tables, and

other under-ministers appointed by them for that effect. And under

colour & pretext of religion exercing an unwarranted & unbounded

libertie, require obedience to their illegall and unlawfull procedures

and directions, to the great & seen prejudice of Authority, and lawfull

Monarchicall government. And notwithstanding it was evidently manifest

by the illegall & unformall course taken in the election of their

Commissioners for the Assembly, whereof some are under the censure of

this Church, some under the censure of the Church of Ireland, and some

long since banished for open and avowed teaching against Monarchie,

others of them suspended, and some admitted to the Ministerie contrary

to the forme prescribed by the Lawes of this Kingdome, others of

them a long time since denounced Rebels and put to the Horne, who by

all law and unviolable custome and practique of this Kingdome, are,

and ever have been incapable, either to pursue, or defend before any

Iudicatorie, far lesse to be Iudges themselves: some of them confined,

and all of them by oath and subscription bound to the overthrow of

Episcopacie. And by this and other their under-hand working, and

private informations and perswasions, have given just ground of

suspicion of their partiality herein, & so made themselves unfit Iudges

of what concerneth Episcopacie. And also it was sufficiently cleared

by the peremptorie and illegall procedures of the Presbyteries, who

at their own hand by order of law, & without due forme of processe,

thrust out the Moderatours lawfully established, & placed others, whom

they found most inclinable to their turbulent humours; associate to

themselves for the choosing of the said Comissioners for the Assembly,

a Laick-Elder out of each Paroch, who being in most places equall,

if not moe in number then the Ministerie, made choice both of the

Ministers, who should be Commissioners from the Presbyteries, as also

of a Ruling-Elder; being directed more therein by the warrants from the

foresaid pretended Tables, then by their owne judgements, as appeares

by the severall private instructions sent from them, farre contrary

to the Lawes of the Countrey, and lowable custome of the Church: by

which doings it is too manifest, that no calme nor peaceable procedure

or course could have been expected from this Assembly, for settling

of the present disorders and distractions: Yet We were pleased herein

in some sort to blindfold Our own judgement, and overlooke the said

disorders, and patiently to attend the meeting of the said Assembly,

still hoping that when they were met together, by Our Commissioner

his presence, and assistance of such other well disposed subjects who

were to be there, and by their owne seeing the reall performance of

all that was promised by Our last Proclamation, they should have been

induced to returne to their due obedience of subjects: But perceiving

that their seditious disposition still increases, by their repairing

to the said Assembly with great bands and troupes of men, all boddin

in feare of warre, with guns and pistolets, contrary to the lawes of

this Kingdome, custome observed in all Assemblies, and in high contempt

of Our last Proclamation at Edinburgh the 16. of this instant: As

also by their peremptory refusing of Our Assessors, authorized by Vs

(although fewer in number then Our dearest Father was in use to have at

divers Assemblies) the power of voting in this Assembly, as formerly

they have done in other Assemblies; and by their partiall, unjust,

and unchristian refusing, and not suffering to be read the reasons

and arguments given in by the Bishops, and their adherents, to Our

Commissioner, why the Assembly ought not to proceed to the election of

a Moderatour without them, neither yet to the admitting of any of the

Commissions of the saids Commissioners from Presbyteries, before they

were heard object against the same, though earnestly required by our

Commissioner in our name. And notwithstanding that our Commissioner

under his hand, by warrant from us, gave in a sufficient declaration

of all that was contained in our late proclamation and declaration,

the same bearing likewise our pleasure of the registration of the same

in the books of assembly for the full assurance of the true religion

to all our good subjects; And yet not resting satisfied therewith,

lest the continuance of their meeting together might produce other the

like dangerous acts, derogatory to royall authoritie, we have thought

good, for preveening thereof, and for the whole causes and reasons

above-mentioned, and divers others importing the true monarchicall

government of this estate, to dissolve and breake up the said Assembly.

And therefore OVR will is, and we doe discharge and inhibit all and

whatsoever pretended Commissioners, and other members of the said

pretended assembly, of all further meeting and conveening, treating and

concluding any thing belonging to the said assembly, under the pain of

treason, declaring all and whatsoever that they shall happen to doe in

any pretended meeting thereafter, to be null, of no strength, force nor

effect, with all that may follow thereupon: Prohibiting and discharging

all our lieges to give obedience thereto, and declaring them, and every

one of them, free and exempt from the same, and of all hazzard that

may ensue for not obeying thereof. And for this effect we command and

charge all the foresaids pretended commissioners, and other members of

the said assembly, to depart forth of this city of Glasgow, within the

space of xxiiii houres after the publication hereof, and to repair home

to their own houses, or that they goe about their own private affaires

in a quiet manner. With speciall provision alwayes, that the foresaid

declaration, given in under our Commissioners hand, with all therein

contained, shall notwithstanding hereof, stand full, firm and sure to

all our good subjects in all time coming, for the full assurance to

them of the true religion. And our will is, and we command and charge,

that incontinent these our letters seen, ye passe, and make publication

hereof by open proclamation at the market crosse of Glasgow, and other

places needfull, wherethrough none pretend ignorance of the same. Given

under our signet at Glasgow the 29. of November, and of our reign the

fourteenth year. 1638.

_Sic Subscribitur._

HAMILTOUN,

Traquaire, Roxburgh, Murray, Linlithgow,

Perth, Kingorne, Tullibardin, Hadingtoun, Galloway,

Annandaill, Lauderdaill, Kinnoull, Dumfreis,

Southesk, Belhaven, Angus, Dalyell, J.

Hay, W. Elphinstoun, Ja. Carmichael, J. Hamiltoun.

* * * * *

1638.—November 28 and 29.

101. _The Protestation of the generall Assembly of the Church of

Scotland, &c. Made in the high Kirk, and at the Market Crosse of

Glasgow, Novemb. 28. and 29. An. 1638._[129]

Wee Commissioners from Presbyteries, Burghes, and Vniversities, now

conveened in a full and free Assembly of the Church of Scotland,

indicted by his Majestie, and gathered together in the Name of the

Lord Jesus Christ the only Head, and Monarch of his own Church, And

we Noblemen, Barons, Gentlemen, Ministers, Burgesses and Commons,

Subscribers of the Confession of Faith, Make it knowne that where We

His Majesties loyall Subjects of all degrees, considering and taking

to heart the many and great innovations and corruptions lately by the

Prelates and their adherents intruded into the doctrine, worship, and

discipline of this Church, which had been before in great purity to our

unspeakable comfort established amongst us, were moved to present many

earnest desires and humble supplications to his sacred Majestie, for

granting a free generall Assemblie, as the only legall and ready meane

to try these innovations, to purge out the corruptions, and settle

the order of the church, for the good of Religion, the honour of the

King, and the comfort and peace of the Kirk and Kingdome: It pleased

his gracious Majestie, out of his Royall bountie, to direct unto this

Kingdome, the Noble and Potent Lord, James Marques of Hammiltoun,

with Commission to hear and redresse the just grievances of the good

Subjects, who by many petitions, and frequent conferences, being fully

informed of the absolute necessity of a free generall Assemblie, as the

only Iudicatorie which had power to remedie those evils, was pleased

to undergoe the paines of a voyage to England, for presenting the

pittifull condition of our Church to his sacred Majestie; And the said

Commissioner his Grace returned againe in August last, with power to

indict an Assemblie, but with the condition of such limitations, as did

both destroy the freedome of an Assembly, and could no wayes cure the

present diseases of this Church; which was made so clearly apparent to

his Grace, that for satisfying the reasonable desire of the Subiects,

groaning under the wearinesse and prejudices of longsome attendance.

He was againe pleased to undertake another journey to his Majestie,

and promised to indeavour to obtain a free Generall Assemblie, without

any prelimitation, either of the constitution and members, or matters

to be treated, or manner, and order of proceeding; so that if any

question should arise concerning these particulars, the same should be

cognosced, judged, and determined by the Assembly, as the onely Iudge

competent: And accordingly by warrant from our Sacred Soveraigne,

returned to this Kingdome, and in September last, caused indict a

free Generall Assemblie to be holden at Glasgow, the 21. of November

instant, to the unspeakable ioy of all good Subiects and Christian

hearts, who thereby did expect the perfect satisfaction of their long

expectations; and the finall remedie of their pressing grievances: But

these hopes were soone blasted: for albeit the Assemblie did meet and

begin at the appointed day, and hath hitherto continued, still assisted

with His Graces personall presence, yet His Grace hath never allowed

any freedome to the Assemblie, competent to it by the Word of God, acts

and practices of this Church, and his Majesties Indiction, but hath

laboured to restraine the same, by protesting against all the acts made

therein, and against the constitution thereof by such members, as by

all law reason and custome of this Church were ever admitted in our

free Assemblies, and by denying his approbation to the things proponed

and concluded, though most cleare, customable, and uncontraverted.

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 31 / 186 段