change of religion, are declared to be unjust; so, if any change of
religion had bein intendit, this Assembly had never been granted, nor
yet these offers made unto yow. I am entrusted with a full commission
for the preservation of religion, punishing of vyce, and to consider
of all the just exceptions against the Bishops and Episcopacie, and
have power to rectifie all the abuses of that office, so farr as that
sort of government may still remaine in the Kirk, as government not
contrare to the word of God; and anent the practice of this and uther
churches, I have power to limite it so, that it shall not be able
to wrong the church; and, if they wrong it, they shall be punished:
yet, my commission is more ample than I will expresse. But, seeing I
have not found that respect dew to ane Commissioner, and know what
prejudicat opinion these here hes of me present, and, when I consider
what directions were sent from the Tables of Conveiners of Meetings
at Edinburgh to presbitries, be noblemen, gentlemen, ministers, and
uthers, it gives me just occasion to declair, that I can give no
consent to any thing that is heir done; and to cleare what I have said,
I present heir two uther papers, ane sent from the Table at Edinburgh
to presbitries, the uther from persons to their friends, and I desyre
they may be red. I cannot designe the men who sent these papers; but
sure I am these papers are sent, dispersed through the kingdome, and
that mens proceedings are according to the directions of these papers;
for there is not a Commissioner chosen but Covenanters, or, if any
uther be, there is a protestation against him, or else they are chosen
becaus none other could be found. I find, also, ane absolut resolution
to mentaine the lawfulnes of the election of ley Elders, to voit here,
and the election of ministers by ley Elders, and everie thing in this
Assembly going on contrare to the practice of all former tymes and
positive lawes of this kingdome: Therefore, I can acknowledge nothing
to be heir done by the voit of such men. In the meane tyme, I desyre
that this declaration of the Kings will, may be insert in the Bookes
of the Assembly, as ane testimonie of his Majesties sinceritie in
religion, and that he hath no intention of any change in Religion, and
is readie to perform all that is here promised, and what further may
conduce for the peace of the land, and especiallie, that Assemblies
shall be indicted als oft as the affares of the Church shall requyre.
* * * * *
_The Moderatour his Speach to the Commissioner his Grace._
It weell beseemeth us, his Majesties Subjects, conveened in this
honorable Assembly, with all thankfullnes, to receave so ample a
testimonie of his Majesties goodnes, and not to disesteeme of the
smallest crumbes of comfort that falles unto us of his Majesties
liberalitie. With our hearts doe we acknowledge before God, and with
our mouth do we desyre to testifie to the world, how farr we think
ourselves obleist to our dread Soveraigne; wishing that the secrete
thoughts of our hearts, and the way wherein we have walked this tyme
past, wer made manifest. It hath bein the glorie of the reformed
Churches, and we accompt it our glorie after a speciall maner, to
give unto Kings and Christian Magistrats, what belongs unto their
places; and as we know the fifth command of the law to be a precept
of the second table, so doe we acknowledge it to be the first of
that kynd; and that nixt to pietie towards God, we are obleist unto
loyaltie and obedience to our King. There is nothing due unto Kings and
Princes, in matters ecclesiasticall, which, I trust, by this Assembly,
shall be denyed unto our King: ffor, beside auctoritie and power in
matters civill, to a Christian King belongeth, _first_, inspection
over the affaires of the Kirk, _et debet invigilare_ not only _super
ecclesiasticis sed super ecclesiastica:_ He watcheth not only over
Kirkmen, but over Kirk matters. _Secondly_, The vindication of Religion
doth also belong unto the King, for whom it is most propper, be his
Majestie, to vindicat Religion from contempt and all abuses, he being
keiper also of the first table of the law. _Thirdlie_, The functions,
also, are in his Majesties hand, to confirme, be his royall auctoritie,
the Constitutions of the Kirke, and to give them the strenth of a law.
_Fourth_, His Majestie also hath the power of Correction: he both
may and aught compell Kirkemen in the performance of their dueties
which God requires of them. _Fifthly_, The Correction, also, must be
from the Prince, who hath power from God to coerce and restraine them
to his terrour and auctoritie, from what beseemeth not their places
and callings. _Sixth_, The Christian Magistrat, also, hath power to
convocat Assemblies, when they find that the urgent affaires of the
Kirk doe call for them: and in Assemblies when [they] are conveened,
his power is great, and his power aught to be heard—first, as he is a
Christian, having the judgment of discretion in all matters debateable
and contraverted; next, as he is King or Magistrat, he must have the
judgment of his eminent place and high vocation, to discerne what
concernes the Spirituall weill and Salvation of his Subjects: and,
third, as a Magistrat singularlie gifted with more then ordinarlie,
gifts of knowledge and auctoritie; and we heartilie acknowledge that
your Grace, as his Majesties high Commissioner, and representing his
Majesties Royall persone, hes a cheefe place in this reverend and
honorable Assemblie—first, as a good Christian; next, as ye are his
Majesties great Commissioner, and third, as ane endued with singular
graces, and after a speciall manner, fittest for this employment.
Far be it from us to deny any thing that is done to these who are in
supreme auctoritie, or to such as are subordinat unto them and delegat
be them. When Alexʳ the Great came to Jerusalem, he desyred that
[an] Image might be sett up in the temple, which the Jewis modestlie
refuised as inconsistent with the law, which was the law of God, but
libertie offered in their power, and more honourable for the King,
that they would begin the reckonings of the tymes from his coming to
Jerusalem, and would call all the first borne sons be his name. What is
Cæsars or what is ours, let it be given to Cæsar, but [let] the God by
whom Kings reigne, have his owne place and prerogative—be whose grace
our King reigneth and we pray may long and prosperouslie reigne over us.
The Commissioner said—Sir, ye have spoken as a good Christian and
duetifull subject.
The Moderatour said—Indeed we take this to be a free assembly indicted
be his Majesty, and we trust that all thinges in it shall be so
moderat, that the word of God and reason shall seeme to proceed in
everie thing, and that we shall not goe forward ane steppe, but as a
clear light shall be holden out before us; and we trust to make it
evident to all men that we cannot not darre not walke in ane uther way,
and we are hopefull, that such a righteous King as ours is, needs
nothing but to have a clear trueth pointed out before him, and when he
sies it, he shall fall in love with it.
The Commissioner said—I am hopefull that ye will proceed so as ye are
obledged by your oath of alleadgence, and I trust that all his commands
shall be found to agrie with Gods commands.
The Moderatour said—It is our heartie wishe it be so; and we rander to
his Majestie heartie thankes for this Assembly, and we trust that, be
Gods assistance, in nothing shall we pas the bounds of a free Assembly.
My Lord Lowdoun eikit and said—As your Grace hath declaired his
Majesties graceous pleasure, to the contentment of all the hearers, in
condiscending to many points of the petitions of his subjects, for the
which we heir rander, as the Moderatour hath said, heartie thankes; and
we humblie desyre ane copy of the Prelats paper, conteining so many
criminations against us, opposing this lawfull constitut Assembly, that
we may consider it and censure it, and thereafter the giving of it,
according to the word of God and Constitution of this Kirke, may cleare
ourselves of all the imputations layd to our charge.
The Commissioner said—It hath a claus in it, as I remember, bearing
registration; therefore ye may get it.
My Lord Lowdoun said—But we crave that we may have ane copie of it,
with your Graces allowance, out of the Clerks hands.
The Commissioner said—I will not hinder yow to cleare yourself of any
imputation layd to your charge; but I will not suffer yow to goe on in
censureing the prelats as I wishe I might.
My Lord Lowdoun said—We trust that all our proceedings against them
shall be found frie of partialitie.
The Moderatour said—As before I asked if the bookes and Acts were the
rule whereby their faults should be censured, Sir, now I ask if this
Assembly finds themselves competent judges to the Prelats?
The Commissioner answered—If they proceed in the censure of their
persones and offices, I must remove myselfe.
The Moderatour said—A thousand tymes I wishe the contrare; and I
intreat your Grace to heare the voites of this Assembly in this matter,
seeing it belongs to the Assembly to be judge of their Constitutions.
The Commissioner said—I must not wrong myselfe, and much more the great
bussinesse I am entrusted with, if I should argue the question with
such a learned man as yow are; but I thinke it strange, notwithstanding
the exceptions, documents, protestations, and declinatours usit be
me in name of my Master and Lords of the Clergie, that they can take
this matter to the consideration of the Assembly. Surely it is not the
Bishops but the King ye have adoe with?
The Moderatour said—I must yet ask if this Assembly finds themselves
competent Judges?
The Commissioner said—I wish that question mar be deferred this tyme.
The Moderatour said—It is only the fitt tyme to propone this, after the
reading of the declinatour; and I am only a servand to this Assembly,
and can doe nothing at myne owne hand.
The Commissioner said—I can tax your carriage in nothing you have done,
as a wise and discreit Gentleman; but I see now that this Assembly hes
determined to go on for all that can be said; therefore I may no longer
keepe silence, but oppose myselfe unto it.
Rothes said—It seemes that the Commissioners Grace hath exceptiounes
against this Assembly—for two reasons—first, becaus too many ruleing
Elders have voice in it; to which I answer, there are no more nor are
warrandit be the word of God, practice of uther Kirkes, and positive
law of this Kirke; and if that any yet thinke that Elders should not
have voice in this Assembly, alse free as any in former tymes, let them
cleare it be good reason, for we are yet readie to dispute the matter.
The uther exceptioun his Grace seemes to have against this Assembly is,
that he thinkes partialitie will be used heir, and that matters are
determined by us before hand, as his Grace hath laboured to cleare be
his two papers that are red, which are said to come from the Tables at
Edinburgh; but we deny these papers to be ours; and heir I produce the
two verie true papers which came from us, which have no thing in them
so absurd as is said to be.
The Commissioner said—I excepted not agᵗ your privat, but against your
publict papers.
Rothes answered—There came no papers from ws but these two be me
produced; and if any uthers there be, they are only the advice of
privat men to their privat friends; and if any thing be worth the
challenging in these papers, let the author of them answer for it.
And now we crave and humblie entreat your Grace if there be any
exceptiounes against our former proceedings, that they be declared;
for we are verie hopefull to justifie all we have done to the full,
and that we shall be able to defend all as warrantable: for we never
intendit but to proceed according to the word of God and lawes of this
Church and Kingdome.
The Commissioner said—Your refuiseing to give voit in this Assembly to
the Kings Assessours, is enough to prove the contrare, if there were no
more.
Rothes answered—Their voits is contrare to the Constitutions and
liberties of this Kirke, and therefore our refuiseing must not be taken
in evil pairt.
The Commissioner said—That the Kings Majestie hath bruiked the
priviledge of having assessours to voit in Assembly these 50 yeares
past, and why not in this Assembly, seeing our King hes showen such
myldnes and benignes, and hath not uttered any angrie word since I came
to this Kingdome?
Rothes replyed—As we acknowledge that he hath beene a good and graceous
King, so whatsomever is competent to be done to such a King, shall be
done by us, to witt, at his willing, obedience heartilie prayes and
wishes that he may lang and prosperouslie reigne over us; and if we
doe not so, let not Gods blessing be upon us. But we must so proceed
as this free Assembly be not prejudged, nor the liberties of this
Kirk impaired, seeing we must make answer to ane higher judge. If the
privilege craved were in matters that were in our power, we would soone
have yealded; but seeing they are not, I thinke we should be excused.
The Commissioner said—Seeing ye will not give to our King what was
given be our predecessours, I cannot thinke ye will have that obedience
ye speake of.
Rothes answered—Obey we will, in everie thing dew to his Majestie, be
the word of God and lawes of this Kirk, and shall be readie to thrust
out of doores all such as will be utherwayes. But if that which is now
craved was given in former tymes, not by a right law but by a corrupt
practice, and matters were caried utherwayes in his Majesties absence
then they should when many moe corruptions, as now to be redressed, why
not that amongst the rest?
The Commissioner said—It is enough for us to prove that he had
Assessours.
My Lord Rothes said—Let your Grace say that he had be right, and we
shall agrie to it.
Moderatour said—Thinkes your Grace of these worthie and Noble Lords
that sitt by yow, that this is refuised out of any disobedience to our
King, or disrespect to these Nobles, but from a respect to God and his
Kirke, and these Commissions may verie weill agrie?
The Commissioner said—No man may thinke but our graceous King will
mentaine the liberties of his Kirk in all heartie and sincere wayes as
any of his predecessours, and thinke he nowayes intends to incrotche
vpon the liberties of the Kirk at this tyme, but only to defend it
from the oppression of over-ruleing Elders; and yet I tax no man—for I
have no charge to that end; and if I had, I thinke I have a heart to
execute my Masters Command as ane other Man. But our King, intending
only the maintenance of the puritie of religion in a quyet maner; and,
therefore, I desyre that nothing be put in practice in this Assembly
by ley Elders, which hath beene so long out of practice. If these
Elders should have beene pleased that this Assembly should have beene
constitut, after the late ordinar maner, and than have comed in and
claimed their right to sitt and voit here in a fair way, I thinke it
would have beene granted; for what could conduce more to further a
Kings end, and strengthen his auctoritie in ane Assembly, than that a
number of wyse and learned laymen should have voit in it? But becaus he
intendeth only the preservation of the puritie of religion, he cannot
consent that ane Assembly should consist of such a great number of
ignorant men, wanting abilitie to judge matters to be handlit heir, but
desyred only that this Assembly may consist of the Churches owne pure
Members, that so she may receave no prejudice heir.
Lowdoun said—I perceave the maine objection against the voiting of the
Ruleing Elders is yet urged, and their ignorance to judge in matters
that are to be handlit heir; therefore I offer heir to dispute, that
the office of a Ruleing Elder is warranted by the word of God, practise
of uther Kirkes, and lawes and practise of our owne Kirk, and referris
the decision of the question to the Assembly as the only competent
Judge. The question is alreadie dispute heir be Doctor Balcanquell,
and it is grantit from the testimony of the Synod of Dort, that Elders
have voit in matters of faith, and matters of discipline and order;
and where it is objected that these Elders at the Synod of Dort were
learned and judicious men, able to dispute and treate of the greatest
matters in the Latine tongue, and these heir assembled are not such
for the greater pairt, I answer, it is not alwayes men of the greater
place and learning who bring foorth clearest light in matters that
concerne religion. There are heir a number of Gentlemen and burgesses
of the lowest sort, trained up at schooles and colledges, taught all
the grounds of religion, and able to decerne trueth when it is pointed
forth; therefore—seeing be the lawes and practice of this Kirke, such
hath beene in use to voit before, and we have offered to dispute
the matter yet more—referring the decision of the question to this
Assembly, we hope there is enough said for clearing of our power.
The Commissioner said—It is hard for me to make answer for everie
speach of such a number of learned and understanding men. But, as I
remember, Doctor Balcanquell said not that the Elders of the Synod of
Dort had voice in matters of faith.
My Lord Lowdoun answered—It is true the Doctor made a distinctione of
more and les fundamental poyntes of faith. But that Synod did determine
what was more fundamentall and what was less fundamentall poyntes
of faith; and it is clearlie proven that the Elders had voit in all
matters proponed their.
The Moderatour said to Doctor Balcanquell—Let the question be yet
stated and agitat; for the question now in hand is not, whether the
office of Ruleing Elders be warranted by the word of God—which I thinke
none will deny—but the question is, whether the Elders, according to
the Acts of Assembly and Customes of this Kirk, hes place to voice
heir? And if ye, or any, will be pleased to conferre or dispute the
question, we are ready for it. The Convocation House of England
would not be content that any should say, “Your Church is not weill
constitut;” far les can we heare it said to us; therefore we would
be glad to heare what ye have to say in this question; and if the
Commissioners Grace would stay, we trust he shall heare this and many
uther questiones discussed.
My Lord Rothes said—The Commissioner seemes to take speciall notice of
that expression which was in the Letters from Edinburgh, called the
Tables; as if the Letters from these Tables did import a judicatorie;
therefore I desyre to cleare it. When great numbers were conveined in
Edinburgh from the sense of evills lying in this Kirk, and wer joyning
together in putting up a supplication to the Lords of Counsell, my
Lord Thesaurer taxed us for such numerous Convocations, quhilk as
the Convocation was out of love to Religion, which seemed to be in
hazard, and therefore everie man having onie particular interest,
conveened: we answered, that such a Convocation behoved either to be,
or Commissioners in their name; and your Grace desyred that when ye
came to Edinburgh, that the toune might be emptied of such multitudes;
and your Grace ordained that the schires should convene be their
Commissioners: therefore, when the Commissioners from schyres and
presbitries mett, and sett downe, what absurditie is in it, to call
them so mett, “a Table,” seeing it is not called a Counsell Table, or a
Judiciall Table, such as the Prelats called their Tables? If we called
it a Judiciall Table, let us be hanged for it. A taylors table, sitting
with his men sewing about it—so called a Table—or a company eating at
such a mans table, there is no absurditie in the speache; and we did
not call ourselves “The Tables,” but uthers gave it that name.
The Commissioner said—I except not much against the name of Table;
neither have I spoken any thing in passion against it, albeit I be
naturallie passionat; yet I thank God there hes not much passion
escaped me heir. I have no caus of passion to heare these Meetings
called a Table; for there is passion enough at my heart, that I find
so much power at these Tables, and so little at the Counsell Table—for
it is weill knowen, your positive Counsells are more regarded nor the
Kings Counsell Table. But I forebeare to speake more. I could bring
foorth many moe just causes and exceptions against your proceedings,
but I know they will be to no end; for I feare your prejudged opinion
of all that I can say.
My Lord Rothes desyred that his Grace would bring foorth any one
instance wherein any had failed at that Table.
The commissioner said—Ye know that all the ordour from them hes been
readilie obeyed, but little or nothing from the Counsell Table.
My Lord Rothes said—I know neither direction nor obedience given in
any thing from that Table, but according to the word of God, and lawes
of this Kirk and Kingdome.
The Commissioner said—I came not heir to recriminat, and therefore I
pas it.
My Lord Rothes said—Please your Grace to heare the true directions from
that Table; for, in trueth, I never heard of these given in be your
Grace; and, when ours are read, we trust we shall be found to surrogat
no auctoritie to ourselves.
The Moderatour said—If any good success come from these directions, it
is to be imputed to God, and not to their auctoritie.
My Lord Lowdoun said—I would ask at your Grace, what are these
directions from the Counsell Table, which have not gotten readie
obedience from us? For I know none but such as could not be obeyed for
conscience sake, and that cannot be compted disobedience.
The Commissioner said—I know that all my Masters Commands are
justifiable, and such as good Christians should obey; and I thanke God
for his righteous and clement heart.
My Lord Lowdoun said—We think that your Graces labours hes still turned
matters to the better, and we pray it may be so still, till thir
matters be at ane end.
The Moderatour said—I would ask the voits of the Tables, whether you
thinke yourselfes a Nationall Assembly or not?
The Commissioner said—If I could patientlie continow, I should tell
my opinion; but seeing now my loyaltie and faithfull discharge of my
Commission is in hand, I must remove my persone; for my estate is not
so deare to me as my reputation and fidelitie to my Master.
The Moderatour said—We only crave the renewing of your Graces former
patience.
The Commissioner said—I cannot assist nor consent to any thing that is
done heir, except ye adhere to that which ye have heard red, in the
sealed paper; and still I protest that nothing done here may inferre
his Majesties consent or myne, or yet oblidge any of his good subjects.
Rothes said—After many supplications were presented to his Grace, your
Grace was imployed for satteling of matters, and we expected a happie
conclusion when your Grace promised to deale for a free Assemblie; and,
if any just exceptiones were against the Prelats persone or discharge
of their office, it should be referred to the Assembly: And now the
free Assembly is granted, and is fullie constitut. If your Grace, who
is a cheafe Member of it, be protestation and deserting of it, labours
to make this Assembly most unfree, it is more nor we expected. If your
Grace hath any just exceptioun against our former proceedings, or
doth feare that we shall not proceed in such a just maner as becomes
us, we are readie to cleare our selves. In both we shall repell, or
give satisfaction, for bygones, or for tyme to come—the law of God,
and Constitution of this Kirke, shall be ane rule, as it hath beene
hitherto.
The Commissioner said—I attest God, I have laboured as a good
Christian, loyall subject, and kynd countryman, for the good of this
Kirke, laying aside all privat considerations, as I shall answer to
God; and, at my last going to Court, I said to some of my particular
friends, that I should doe what in me lay for procureing a free
Generall Assembly; and now a most free Generall Assembly hath beene
procured and indicted: but things in it are so carried that it is
like to be a most unfree Generall Assembly. For the reasons I have
alreadie expressed, glad would I be to have it utherwayes, as there
is nothing which, can be proponed, keeping my self within the bounds
of my Commission and fidelitie to my Master, but I shall doe it; for I
desyre to [serve] God, my King, and my Countrie. But a weightie burden
is layd on the back of a sillie young man overcharged with a toilsome
bussinesse, and unable to bring it to such ane end as I would.