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.