The annals of King James and King Charles the First ... containing a faithful history and impartial account of the great affairs of state, and transactions of parliaments in England from the tenth of King James MDCXII to the eighteenth of King Charles MDCXLII : wherein several material passages relating to the late civil wars (omitted in former histories) are made known.

The Declinator and Protestation of the Archbishops and Bishops of the Church of Scotland, and others their adherents within that King∣dom, against the pretended General Assembly holden at Glasgow, No∣vemb. 21. 1638.

WE Archbishops, Bishops and other Under∣subscribers for our selves, and in name and behalf of the Church of Scotland: Whereas it hath pleased the King's Majesty to indict a Ge∣neral Assembly of the Church to be kept at Glas∣gow, November 21. 1638. for composing and set∣tling of the distractions of the same. 1. Do acknowledge and profess, That a General As∣sembly lawfully called and orderly conveened is a most necessary and effectual meane for removing those evils wherewith the said Church is infested, and for settling that order which becometh the House of God. And that we wish nothing more than a Meeting of a peaceable and orderly Assem∣bly to that effect. 2. We acknowledge and profess, as becometh good Christians and faithful subjects, that his Majesty hath authority by his Prerogative Royal to call Assemblies, as is acknowledged by the Assembly at Glasgow, 1610. and Parl. 1612. and that it is not lawful to conveen without his Royal con∣sent and approbation, except we will put our selves in danger to be called in question for Sedition.

Yet nevertheless in sundry respects, we cannot but esteem this Meeting at Glasgow most unlawful and disorderly, and their proceedings void and null in Law, for the causes and reasons following:

First, Before his Majesties Royal Warrant to my Lord Commissioner his Grace to indict a lawful free General Assembly, the usurped authority of the Table (as they call it) by their missives and in∣structions, did give order and direction for all Presbyteries to elect and chuse their Commissio∣ners for the Assembly, and, for seeking of God's blessing to it, to keep a solemn Fast, Sept. 16. where∣as his Majesties Warrant for indicting of that As∣sembly was not published till the 22 of that month: so that they preventing and not proceeding by Warrant of Royal authority, the pretended Com∣missioners being chosen before the Presbyteries were authorized to make Election, cannot be re∣puted members of a lawful Assembly.

Secondly, A lawful Assembly must not only be indicted by lawful authority (as we acknowledge this to be) but also constituted of such Members as are requisite to make up such a Body. For if, ac∣cording to the indiction, none at all do conveen, or where the Clergy is called there meet none but Laicks, or more Laicks than of the Clergy, with equal power to judge and determine; or such of the Laicks and Clergy as are not lawfully autho∣rized, or are not capable of that employment by their places; of such as are legally disabled to sit and decide in an Assembly of the Church: a Meet∣ing consisting of such Members cannot be thought a free and lawful Assembly: By that Act of Par∣liament, Ja. 6. par. 3. cap. 46. 1572. Every Minister who shall pretend to be a Minister of God's Word and Sa∣craments, is bound to give his assent and subscription to the Articles of Religion contained in the Acts of our Soveraign Lord's Parliament, and, in presence of the Archbishop, Superintendent or Commissioner of the Pro∣vince, give his Oath, for acknowledging and recognos∣cing of our Soveraign Lord and his authority, and bring a testimonial in writing thereupon, and openly upon some Sunday, in time of Sermon or publick Prayers, in the Kirk where he ought to attend, read both the Te∣stimonial and Confession, and of new make the said Oath within a Month after his admission, under the pain that every person that shall not do as is above appointed, shall ipso facto be deprived, and all his Ecclesiastical pro∣motions and living shall be then vacant, as if he were then naturally dead, and that all inferiour persons under Prelats be called before the Archbishops, Bishops, Superin∣tendents and Commissioners of the Diocesses or Pro∣vince, within which they dwell, as the Act bears.

Thirdly, All of the Clergy conveened to this As∣sembly pretend themselves to be Ministers of God's Word and Sacraments, and have Benefices or other Ecclesiastical livings: yet nevertheless the most part of them have never in presence of the Arch∣bishop, Bishop, Superintendent or Commissio∣ner of the Diocess or Province, subscribed the Articles of Religion contained in the Acts of Par∣liament, and given their Oath for acknowledging and recognoscing our Soveraign Lord and his au∣thority, and brought a Testimonial thereof: and therefore they are ipso facto deprived, and their places void, as if they were naturally dead; and consequently having no place nor Function in the Church, cannot be Commissioners to this Assem∣bly: hoc maxime attento, that the said persons not only have never given their Oath for acknowledg∣ing his Majesties authority, nor can shew no Testi∣monial thereupon, as they are bound by the said Act; but also having as subjects comprehended in the representative Body of this Kingdom, Promised to acknowledge, obey, maintain, defend, and advance the life, honour, safety, dignity, Soveraign authority, and Prerogative Royal of his Soveraign Majesty, his Heirs and Successors, and priviledges of his Highness Crown, with their Lives, Lands, and Goods, to the uttermost of their power, constantly and faithfully to withstand all and whatsoever persons, powers and estates, who shall pre∣sume, prease or intend any wise to impugne, prejudge, hurt or impair the same, and never to come in the contrary thereof, directly or indirectly in any time coming, as the Acts of Parliament, Jac. 6. Parl. 18. Cap. 1. Car. Parl. Cap. 1. do proport.

And moreover, being obliged at their admis∣sion to give their Oath for performance of this duty of their allegeance, and to testifie and declare on their Conscience, that the King is the lawful Su∣preme Governour, as well in matters Spiritual and Ec∣clesiastical as Temporal, and to assist and defend all Jurisdiction and Authority, belonging to his Majesty by the Act of Parliament, 1612. yet notwithstand∣ing of the said Bands, Acts, and Promises, where∣by the said persons are so strictly bound to the per∣formance of the premisses, his Majesty having or∣dained by Act of Council at Holy-rood-house, Sept. 24. 1638. and Proclamations following thereup∣on, that all his Majesties Lieges of whatsoever estate, degree or quality, Ecclesiastical or Tem∣poral, should swear and subscribe the said Con∣fession, together with a general Band for defend∣ing his Majesties Person and Authority, against all

enemies within this Realm or without, have not only refused to subscribe the said band and Confes∣sion, but have in their Sermons and other Speeches, disswaded, deterred, impeded and hindred others of the Lieges to subscribe the same, and pub∣lickly protested against the Subscription there∣of: and thereupon cannot conveen nor con∣curr lawfully to the making up of the Body of an Assembly of the Kirk, as being depri∣ved and denuded of all place and Function in the same.

A General Assembly was condescended to, out of his Majesties gracious Clemency and pious dis∣position, as a Royal favour to those that so should acknowledge the same, and acquiesce to his gra∣cious pleasure, and carry themselves peaceably as loyal and dutiful Subjects; which the Com∣missioners directed to this Assembly supposed to be of the number of those that adhere to the last Protestation made at Edenburgh, Sept. 1638. do not so account of, and accept, as appears by the said Protestation, whereby they protest, That it shall be lawful for them, as at other times, so at this, to assemble themselves notwithstanding any impediment or prorogation to the contrary; as also by continuing their Meetings and Table, discharged by authority, refusing to subscribe the band according to his Majesties and Councils com∣mand, for maintaining his Majesties Royal Person and Authority, protesting against the same, still insisting with the Lieges to subscribe the Band of mutual defence against all persons whatso∣ever; and remitting nothing of their former pro∣ceedings, whereby his Majesties wrath was pro∣voked: thereby they are become in the same state and condition wherein they were before his Majesties Proclamation and Pardon, and so for∣feit the favour of this Assembly, and liberty to be Members thereof. And others of his Maje∣sties Subjects, may justly fear to meet with them in this Convention, for that by the Act of Par∣liament, James 6. Parl. 15. Cap. 31. Prelacies be∣ing declared to be one of the three Estates of this Kingdom, and by the Act of Parliament, James 6. Parl. 8. Cap. 130. all persons are discharged to impugne the Dignity and Authority of the three Estates, or any of them in time coming, under the pain of Treason. And whereas the King by his Pro∣clamation declares Archbishops and Bishops to have voice in the General Assembly, and calls them to the same for that effect, as constantly they have been in use in all Assemblies, where they were present, as appears by many Acts of the General Assembly, ordaining them to keep and assist at the same, as in the Assembly at Eden∣burgh, December 15. 1566. At Edenburgh, March 6. 1572. At Edenburgh, May 10. 1586. and by a Letter written by the Assembly, March 6. 1573. to the Regent, earnestly desiring his own or his Commissioners presence, and the Lords of Council, and the Bishops at the Assembly: They notwithstanding, by the said Protestation, Sep∣tember 22, declared Archbishops and Bishops to have no warrant for their Office in this Kirk, to be authorised with no lawful Commission, and to have no place nor voice in this Assembly; and withal do arrogate to their Meetings a Sove∣raign Authority to determine of all questions and doubts that can arise, contrary to the freedom of the Assembly, whether in constitution and mem∣bers, or in the matters to be treated, or in man∣ner and order of proceeding: which how it doth stand with his Majesties Supremacy in all Causes and over all Persons, we leave it to that judg∣ment whereunto it belongeth, and do call God and man to witness, if these be sit Members of an Assembly, intended for the order and peace of the Church.

Fourthly, Giving, and not granting, that the persons foresaid directed Commissioners in name of the Clergy to this Meeting, were capable of that Authority, and that the said Presbyteries had the authority to direct Commissioners to the General Assembly; yet have they now lost and fallen from all such right, if any they had, in so far as they have deposed the Moderators, who were lawfully appointed to govern them, by the Bishops in their Synods, and elected others in their place, contrary to the Act of the Assem∣bly at Glasgow, 1610. and Act of Parliament 1612. ordaining Bishops to be Moderators at these Meet∣ings; and in their absence, the Minister whom the Bishop should appoint at the Synod. So these Meetings having disclaimed the Authority of Bi∣shops, deposed their lawful Moderators, and chusing others without Authority, cannot be esteemed lawful Convocations, that can have lawful power of sending out Commissioners with Authority to judge of the affairs of this Church.

Fifthly, And yet doth the nullity of the Com∣missions, flowing from such Meetings, further appear in this, that they have associate to them∣selves a Laick ruling Elder (as they call him) out of every Session and Parish, who, being ordi∣narily the Lord of the Parish, or a man of the greatest authority in the bounds, doth over-rule in the Election of the said Commissioners, both by his authority and their number, being more than the Ministers, whereof some being ordina∣rily absent, and five or six, or so many of them put in list, and removed, there remain but a few Ministers to voice to the Election; and in effect the Commissioners for the Clergy are chosen by Lay-men, contrary to all order, decency, and custom observed in the Christian World, no wise according to the custom of this Church, which they pretend to follow: the Presbyteries former∣ly never associating to themselves Lay-Elders in the Election of the Commissioners to the General Assembly, but only for their assistance in Disci∣pline and correction of manners, calling for them at such occasions as they stood in need of their godly concurrence, declaring otherwise their Meet∣ing not necessary, and providing expresly that they should not be equal, but fewer in number than the Pastors, as by Act of Assembly at St. Andrews, April 24. 1582. (where Mr. Andrew Melvill was Moderator) doth appear. Like as these forty years by-gone and upwards, long be∣fore the re-establishing of Bishops, these Lay-El∣ders have not been called at all to Presbyteries. And by the Act at Dundie, 1597. (whereby it is pretended that Presbyteries have authority to send these Lay-Commissioners) it doth no way ap∣pear that those Lay-Elders had any hand in chu∣sing of the Ministers: and this is the only Act of the Assembly, authorizing Presbyteries to chuse Commissioners to the General Assembly: nor have Lay-Elders sate ordinarily in Presbyte∣ries upon any occasion these forty years, and up∣wards, nor ever had any place nor voice in the Election of Ministers for the General Assem∣bly, and consequently those chosen by them to this Assembly have no lawful power nor Autho∣rity.

Sixthly, Beside, the persons Ecclesiastical, pretend∣ed to be authorized Commissioners to this Assembly, have so behaved themselves, that justly they may be thought unworthy and uncapable of Commissi∣on to a free and lawful Assembly.

1. For that by their seditious and railing Ser∣mons and Pamphlets, they have wounded the Kings Honour and Sovereign Authority, and animated his Lieges to Rebellion, averring that all Autho∣rity Sovereign is originally in the collective Body, de∣rived from thence to the Prince; and that not on∣ly in case of negligence, it is Suppletivè in the col∣lective Body, as being communicate from the Com∣monalty to the King, Cumulativè not Privative: But also in case of male-administration, to return to the collective Body; so that Rex excidit jure suo, and that they may refuse obedience.

2. Next, they are known to be such as have either been schismatically refractory and opposite to good order settled in the Church and State; or such as having promised, subscribed, and sworn obedience to their Ordinary, have never made Conscience of their Oath; or such as have sworn and accordingly practised, yet contrary to their promise and practice, have resiled, to the con∣tempt of Authority, and disturbance of the Church; or such as are under the Censures of the Church of Ireland, for their disobedience to or∣der; or under the Censures of this Church, or conveened, at least deserving to be conveened be∣fore the Ordinaries, or a lawful General Assem∣bly, for divers Transgressions deserving deprivati∣on: As first, for uttering in their Sermons, rash and irreverent Speeches in Pulpit against his Ma∣jesties Council and their proceedings, punishable by deprivation, by the Act of Assembly at Eden∣burgh; May 22. 1590. Next, for reproving his Majesties Laws, Statutes, and Ordinances, con∣trary to the Act of Assembly at Pearth, Maij 1. 1596. Thirdly, for expressing of mens names in Pulpit, or describing them vively to their reproach, where there was no notorious fault; against ano∣ther Act of the same Assembly. Fourthly, for using Applications in their Sermons, not tending to the edification of their present Auditory; con∣trary to another Act of the same Assembly. Fifth∣ly, for keeping Conventions not allowed by his Majesty, without his knowledge and consent; contrary to another Act of the same Assembly. Sixthly, for receiving of people of other Mini∣sters flocks to the Communion; contrary to Or∣der, Acts of Assemblies and Councels. Seventh∣ly, for intruding themselves into other mens Pul∣pits, without calling or authority. Eighthly, for usurping the authority to convent their Brethren, and proceed against them to the Censures of Sus∣pension and Deprivation. Ninthly, for pressing the People to subscribe a Covenant, not allowed by authority; and opposing and withstanding the subscribing of a Covenant offered by his Majesty, and allowed by the Council: Beside many perso∣nal faults and enormities, whereof many of them are guilty, which in Charity we forbear to ex∣press. But hereby it doth appear, how unfit these persons are to be Members of a free and lawful Assembly.

Seventhly, Nor doth it stand with Reason, Scri∣pture, or practice of the Christian Church, that Lay-men should be authorized to have decisive voice in a General Assembly. In that Act of Dundy, 1597. whereby these Elders pretend to have this place, there is no warrant expressed for them, to deliberate and determine. Their pre∣sence and assistance we approve, being allowed and authorized by the Prince. The King's Majesties presence in person, or by his Delegates, we hold most necessary to see all things orderly and peace∣ably done; and that he have the chief hand in all Deliberations and Determinations. Nor do we refuse that any intelligent or moderate man may make remonstrance of his opinion, with the rea∣sons of it, in that way that becometh him in a National Assembly, due reverence being kept, and confusion avoided. But that any Lay-man, except he be delegate by Sovereign authority, shall presume to have a definitive and decisive voice, we esteem it to be intrusion upon the Pastoral charge, and without warrant. May we not there∣fore intreat my Lord Commissioner his Grace, in the words of the Fathers of the fourth Gene∣ral Council at Chalcedon? Mitte foras superfluos. Nor will a pious Prince be offended with it; but with Theodosius the younger will say, Illegitimum est, eum qui non sit in ordine Sanctissimorum Episcopo∣rum Ecclesiasticis immisceri tractatibus.—And Pulcheria the Empress commanded Strategus, Ʋt Clerici, Monachi, & Laici vi repellerentur, exceptis paucis illis quos Episcopi secum duxerunt. Upon this respect was Martinus in that Councel of Chalcedon moved to say, Non esse suum, sed Episcoporum tantum, subscribere.

Eighthly, If these pretended Commissioners, both Lay and Ecclesiastical, were lawfully authorized, (as it is evident they are not) and for none other cause declinable, yet the Law doth admit that justly a Judge may be declined, who is probably suspect: And of all probabilities, this is the most pregnant, when the Judge, before he come to judgment, doth give sentence of these things he hath to judge. This made our Reformers prote∣station against the Council of Trent valid, and their not compeering justifiable, because Pope Leo 10. had pre-condemned Luther, as appeared by his Bull, dated 8 Junij 1520. renewed by Paul 3. da∣ted in Aug. 1535. This was the cause why A∣thanasius would not give his appearance at some Councels, nor Hosius of Corduba, nor Maximus Patriarch of Constantinople. But so it is, the most part, if not all of the said Commissioners direct∣ed to this Meeting, have precondemned Episco∣pal Government, and condemned, at least sus∣pended obedience to the Acts of the General As∣sembly and Parliament concerning the five Arti∣cles of Pearth, have approven their Covenant as most necessary to be embraced of all in this King∣dom, and not only have given judgment of these things before hand, but by most solemn Oaths have bound themselves to defend and stand to the same; as doth appear by their Covenant, Petiti∣ons, Protestations, Pamphlets, Libels, and Ser∣mons: and therefore by no Law nor Equity can these pretended Commissioners be admitted to de∣termine in this Meeting, concerning these persons and points, which before hand they have so unjustly condemned.

Ninthly, Further, with no Law or Reason can it subsist, that the same persons shall be both Judg∣es and Parties. And we appeal to the Consciences of all honest men, if all, at least the greatest part of the pretended Commissioners, have not declared themselves Party to the Archbishops and Bishops of this Church: For in that they have de∣clined the Bishops to be their Judges as being their Party, (as their Declinators, Petitions, Declara∣tions and Protestations do bear) have they not si∣mul & semel, & ipso facto declared themselves to be Party against Bishops; whom they have nor only declined, but persecuted by their calumnies and

reproaches vented by word and writ, in publick and in private, by invading their persons, oppo∣sing and oppressing them by strength of an unlaw∣ful Combination; for the subscribing and swear∣ing whereof, they have by their own authority in∣dicted and kept Fasts, not only in their own Churches, but where worthy men refused to be accessory to these disorderly and ••mpious courses, they have (by aid of the unruly multitude) en∣tred their Churches, usurped upon their charges, reading and causing to be read that unlawful Co∣venant; by threatning and menacing compelling some (otherwise unwilling) out of just fear to set their hands to it; by processing, suspending, and removing obedient and worthy Ministers from their places by the usurped authority of their Table and Presbyteries? And whereas by all Law and Justice, persons finding themselves wronged in judgment, have never been denied the remedy of declinatory and appellation; never∣theless not a few of these Presbyteries have pro∣ceeded against sundry worthy Ministers, who have declined and appealed from their judgments, without respect to this defence; by these means craftily intending to disable them to be Commissioners for the Church; directly or indi∣rectly causing their stipends to be kept back from them: By which means not the least part of the subscribing Ministers have been gained to their Covenant.

But it is without example uncharitable and il∣legal, that under the pretext of Summons (the like whereof was never used, nor in the like man∣ner against the most heinous Malefactors in the Kingdom) they have devised, forged, vented, and published a most infamous and scurrile Li∣bel, full of impudent lies and malicious calum∣nies against the Archbishops and Bishops of this Church; and have first given out from their Ta∣ble, the order prescribed in these subsequent Ar∣ticles, which we have insert, that the World may be witness of the illegality and maliciousness of their proceedings.

I. TO desire the Presbytery of every Bishop, especial∣ly where he keeps his Residence, as also the Pres∣bytery where his Cathedral Seat is, to have a special care of this Bill and Complaint against the Prelats, and particularly against the Bishop of their Diocese.

II. That some Noblemen (if any be within the Pres∣bytery) some Gentlemen and Barons, some Ministers, and some Commons, who are not chosen Commissioners to the Assembly, in their own Name, and in Name of all other Covenanters or Complainers, either within the Presbytery, or Diocese, or whole Kingdom, who are not Commissioners to the Assembly, will adhere and assist in this Complaint, that they present this Bill to the Presbytery.

III. That they who are Complainers have a particular care to fill up the Blanks left in the Bill, in the sub∣sumptions of the particular faults committed by the Bi∣shop of the Diocese, against these general Rules, Ca∣nons and Acts: or if these Blanks will not contain the same, that the Complainers draw up in a particu∣lar claim, all the particular faults and transgressions of the Bishop of that Diocese, against these Rules, Canons, and Acts, or any other Law of the Church or Kingdom, and present the same to the Presbytery with this general Complaint. And if they cannot get the particulars presently ready, notwithstanding they present without any delay, because of the scarceness of the time, this Complaint as it stands with the Blanks; and in the mean time, may gather any other particu∣lars against the Assembly, to which this Complaint is to be referred.

IV. That the Presbytery finding the Complaint impor∣tant, and the General Assembly so approaching, refer the same to the General Assembly, by an Act of this reference insert in the Books of the Presbytery.

V. That upon this reference of the complaint to the As∣sembly, the Presbytery admonish the Complainers apud acta, to be present at the said Assembly, for assisting and verifying of the said Complaint.

VI. That the Presbytery ordain all their Pastors, out of Pulpit on a Sabbath-day before noon, to cause read publickly this whole Complaint and the Presbyteries re∣ference to the Assembly, and so to admonish the Bishop of that Diocese, the Delinquent complaine•• upon, with the rest of his Colleagues, to be present at the General Assembly, to answer to the particular Complaint, both in the particular and general Heads thereof, given or to be given in; and to abide the censure and trial of the Assembly thereupon. And likewise, out of Pulpit to admonish all others who have interest either in the pursuing or referring this Complaint, to be present at the said Assembly.

VII. That the Presbytery insert in their Presbytery Books the whole tenour of this Complaint, both in the general and particular Heads thereof; and that they have a care to cause deliver by their ordinary B••adle, to the Bishop of the Diocese, a Copy thereof, and a Copy of an Act, referring the same to the Assembly, and summo•• him to compeer before the Assembly. And if he be within the Countrey, and cannot be personally apprehended, to affix a full Copy thereof upon each dwel∣ling place, and upon the most patent door of the Cathe∣dral Church and Episcopal Seat.

VIII. That the Complainers within the Presbytery where the Bishop is resident, or hath his Cathedral, be careful to keep correspondence with those in other Presbyteries within their Diocese, who best can specifie and veri∣fie their Bishops usurpation and transgressions, and who had particular Articles to gather particular Declara∣tions and Informations of the same.

IX. That some of these Complainers in their own name, and with Warrant and Power from the rest, without failing attend the Assembly with the general Com∣plaint and particular verifications and specifications of the same.

X. That in case the Presbytery where the Bishop hath his residence, or where he hath his Cathedral and Epis∣copal Seat, refuse to receive this Complaint, or refer the same to the Assembly, or to admonish or cite the Bishop delinquent before the Assembly, to answer to the Complaint; that the Gentlemen and others who are Complainers to the Presbyteries, upon their refusal take Instrument in the hands of the Clerk of the Pres∣bytery, or any Notary, and protest that their refu∣sal of the ordinary care of Justice, procured (without doubt) by the Bishop of that Diocese delinquent com∣plained of, the equivalent of Law and Reason, be a formal citation of him. Which Protestation they may affix upon the dwelling house of the said Bishop, or upon his Cathedral Church, or the prime Church within the Presbytery. And that they may deal with any other Presbytery within the Diocese, who is better disposed, and upon their receit of the Complaint, will refer the same to the Assembly, and cite the Bishop in manner above expressed, to compeer before the said Assembly.

XI. Item, Perhaps some Minister within the Presbytery may think some Heads of this Complaint not to be re∣levant in his Opinion, or know the Bishop not to be guil∣ty of all the particular Heads contained therein: Yet he in Justice cannot refuse to refer the trial of the Re∣levancy and Probation thereof to the General Assem∣bly; especially seeing the Relevancy and Probation of moe or f••wer Points against the Bishop of the Diocese is sufficient, and seeing the subsumption of every par∣ticular Head is against the Bishop of the Diocese, with his Colleagues.

XII. Item, To desire the Presbytery, upon Complaints upon any persons within the same, against any scanda∣lous Minister either in Doctrine or Life, either to judge the Complaint, or refer the same to the trial and censure of the General Assembly, and so to admo∣nish and cite the Ministers complained upon, to compeer before the General Assembly for that end.

According to which Articles, upon Sunday, Octob. 28. they caused read the said Libel in all the Churches of Edenburgh notwithstanding my Lord Commissioner's command given to the Pro∣vost and Bailies to the contrary, except in Holy∣rood-house, where it was read the next Sunday, as it was in other Churches of the Kingdom; pro∣ceeding herein, 1. Against all Charity, which doth not behave it self unseemly, nor delighteth in the discovery of mens nakedness, nor to take up a re∣proach, nor backbite with the tongue; much less to write a Book against a Brother. 2. Against the order prescribed by the Apostle not to rebuke an Elder, but to intreat him as a Father: And by the Act of Parliament, Jam. 6. par. 8. discharg∣ing all persons to impugn or to procure the dimi∣nution of the authority and power of the three Estates, or any of them. 3. Against all lawful and formal proceeding, especially that prescribed by 〈◊〉〈◊〉 Act of General Assembly at Pearth, Mar∣tij 1. 1596. whereby it is ordained, That all Sum∣mons contain the special cause and crime, which the said Libel doth not; naming only general ca∣lumnies, reproaches and aspersions without in∣struction of any particular, but leaving these to be filled up by malicious delation, after they have defamed their Brethren by publishing this Libel; as appears by the eighth and eleventh Articles of the said Instructions: And against the Order pre∣scribed by the Assembly at St. Andrews, April 24. 1582. whereby it is enacted, That in process of de∣privation of Ministers, there be a libelled precept up∣on forty days warning, being within the Realm, and threescore days being without the Realm, to be directed by the Kirk and such Commissioners thereof, as elects and admits the person complained of, summoning them to compeer and answer upon the Complaint. And in case of their absence at the first Summons, the second to be directed upon the like warning, with certification, if he fail, the Libel shall be admitted to probation, and he shall be holden pro confesso. Which form not being kept in a Summons inferring the punish∣ment of deprivation, the same cannot be sustain∣ed by the order of that Assembly. 4. Against common equity, which admits Summons only by the authority of that Judge before whom the D••∣linquent is to compeer; whereby the Summons directed by the authority of these pretended Pres∣byteries, cannot sustain for compeerance before the General Assembly, nor could reference be made from the Presbytery to the General Assem∣bly, the Parties never being summoned to com∣peer before the Presbytery, whereby either in presence of the Party, or in case of contumacy, the Complaint might be referred to the Assem∣bly. That there was no citation before the refe∣rence, is clear by the said Instructions. And what a strange and odious form it is to insert such a ca∣lumnious Libel in the Presbytery Books, without citing of the Parties to answer thereto; and to cite Bishops before the General Assembly by the said Libel, by publishing the same at Churches, to which they had no relation, and were many miles di∣stant, we leave it to the judgment of indifferent men. 5. Against all decency and respect due to men of their place, the said persons being men of dignity, and some of them of his Majesties most honourable privy Council, and known to be of blameless conversation, and to have deserved well, thus to be reviled and traduced, doth re∣dound to the reproach of Church and State, and of the Gospel whereof they are Preachers. 6. Last∣ly, to omit many other informalities against their own Consciences, which we charge in the sight of God, as they must answer before his great and fearful Tribunal, if they suspect and know not perfectly, according to the judgment of Charity, them, whom they thus accuse, to be free of these Crimes wherewith they charge them, at least of many of them; as appears evidently by the ele∣ven•••• Article of the said Instructions, having therein libelled the general, and have yet to seek the specification thereof, from the malice of their Neighbours, if so be they can furnish it. By which informal and malicious proceeding, it is most ap∣parent, that our said Parties do seek our disgrace and overthrow most maliciously and illegally. And therefore we call Heaven and Earth to wit∣ness, if this be not a barbarous and violent per∣secution, that all circumstances being considered, hath few or none to parallel it since the beginning of Christianity; and if we have not just cause to decline the said pretended Commissioners as our Party.

Moreover, can these men expect, but in a law∣ful Assembly they were to be called and censured for their enorme Transgressions foresaid? And will any man think, that they can be Judges in their own Cause? It is alledged out of the Canon

Law against the Pope, that if the Pope be at va∣riance with any man, he ought not to be Judge himself, but to choose Arbitrators. And this may militate against them, except they be more un∣ruly than Popes. Lundovicus Bavar•••• and all the Estates of Germany with him, did plead this nul∣lity against the sentence and proceeding of Pope John 22. and of his Council: And the Arch∣bishop of Cullen 1546. did plead the nullity of Paul 3. his Bull of Excommunication, because he protested, that so soon as a lawful Councel should be opened, he would implead the Pope as Party, being guilty of many things censurable by the Councel.

Tenthly, But the late Protestation doth shew the Authors thereof to be no less injurious to our place and Authority, than they are over-weening of their own. For it is against reason and pra∣ctice of the Christian Church, that no Primate, Arch-bishop, nor Bishop, have place nor voice deliberative or decisive in General Assemblies, ex∣cept they be authorized and elected by their Pres∣byterial Meetings, consisting of preaching and ruling Elders (as they call them) and without warrant or example in the primitive and purest times of the Church.

This also doth infer the nullity of an Assembly, if the Moderator and President for matters of Do∣ctrine, and Discipline, shall be neither the Pri∣mate, Archbishop, nor Bishop, but he who by plurality of Presbyters and Lay-mens voices shall be elected: Which happily may be one of the in∣feriour Clergy, or a Lay-person, as sometimes it hath fallen out: Whereas canonically, ac∣cording to the ancient practice of the Church, the Primate should preside, according to the con∣stitution of the first Councel of Nice, Can. 6. of Antioch, Can. 9. and of the Imperial Law Novell. constit. 123. cap. 10. and according to our own Law. For what place in Assemblies Archbishops and Bi∣shops had in other Christian Nations, the same they had (no doubt) in Scotland, and yet still do retain, except by some municipal Law it hath been restrained, which cannot be shewn. For the restraint of their authority by the Act of Parlia∣ment 1592. is restored by the Act of Parliament 1606. and 1609. and all Acts prejudicial to their Jurisdiction abrogated. Neither doth that Act 1592. establishing General Assemblies, debar Bi∣shops from presiding therein; nor the abrogation of their Commission granted to them by Act of Par∣liament in Ecclesiastical Causes, imply & infer the abrogation of that authority which they received not from the Parliament, but from Christ, from whom they received the spiritual oversight of the Clergy under their charge; whereto belongeth the Presidentship in all Assemblies for matters spiritual, always with due submission to the Supream Go∣vernor: Which is so intrinsecally inherent in them, as they are Bishops, that hoc ipso that they are Bishops, they are Presidents of all Assemblies of the Clergy; as the Chancellor of the King∣dom hath place in Councel and Session, not by any Act or Statute, but hoc ipso that he is Chan∣cellor. By Act of Parliament Bishops are decla∣red to have their right in Synods and other inferi∣our Meetings, but by no Law restrained nor de∣barred from the exercise of it in National Assem∣blies; and the Law allowing Bishops to be Mo∣derators of the Synods, doth present a List in absence of the Metropolitan, to whom of right this place doth belong, as said is, out of which the Moderator of the General Assembly shall be chosen. For, is it not more agreeable to reason, order, and decency, that out of Moderators of Synods a Moderator of the general Assembly should be chosen, then of the inferiour Clergy sub∣ject to them?

As concerning that Act of the General Assem∣bly 1580. whereby Bishops are declared to have no warrant out of Scripture; if corruption of time shall be regarded, the authority of that As∣sembly might be neglected no less then that at Glasgow, 1610. But it is ordinary that prior Acts of Assemblies and Parliaments give place to to the posterior; for Posteriora derogant prioribus. And there past not full six years when a General Assembly at Edenburgh found, that the name of Bishops hath a special charge and function annex∣ed to it by the word of God; and that it was law∣ful for the General Assembly to admit a Bishop to a Benefice, presented by the King's Majesty, with power to admit, visit, and deprive Ministers, and to be Moderators of the Presbyteries where they are resident, and subject only to the sentence of the General Assembly.

As for that Act at Montrose, let them answer to it that have their calling by that Commission. We profess that we have a lawful calling by the election of the Clergy, who are of the Chapiter of our Cathedrals, and consecration of Bishops by his Majesties consent and approbation, accord∣ing to the laudable Laws and ancient Custom of this Kingdom, and of the Church in ancient times, and do homage to our Sovereign Lord for our Temporalties, and acknowledge him solo Deo mi∣norem, next unto God in all Causes, and over all persons Spiritual or Temporal, in his own Domi∣nions Supream Governor. But now we may take up Cyprian his Complaint Lib. 3. Ep. 14. Quod non periculum metuere debemus de offensa Domim, quando aliqui de Presbyteris nec Evangelij nec loci sui memores, sed neque futurum Dei judicium, neque prae∣positum sibi Episcopum cogitantes, quod nunquam omni∣no sub antecessoribus factum est, cum contumelia & contemptu praepositi, totum sibi vendicent? Atque u∣tinam non prostrata fratrum nostrorum salute sibi omnia vendicarent. Contumelias Episcopatus nostri dissi••u∣lare & ferre possem, sicut dissimulavi semper & per∣tuli; sed dissimulandi nunc locus non est, quando de∣cipiatur fraternitas nostra à quibusdam vestrum, qui dum sine ratione restituendae salutis pla••sibiles esse cupi∣unt, magis lapsis obsunt.

Twelfthly, Lastly, it is most manifest by the pre∣mises, how absurd it is and contrary to all reason and practice of the Christian Church, that Arch∣bishops and Bishops shall be judged by Presbyte∣ries; and more absurd, that they should be judged by a mixt meeting of Presbyteries and Laicks, conveening without lawful authority of the Church. How, and by whom they are to be judged, according to the Custom of ancient times, may be seen by the Councel of Chalcedon, Can. 9. and Concil. Milevit. Can. 22. and Concil. Carthag. 2. Can. 10. Nor do we decline the lawful trial of a∣ny competent Judicatory in the Kingdom, espe∣cially of a General Assembly lawfully constitute, or of his Majesties High Commissioner, for any thing in life or doctrine can be laid to our charge: Only we declare and affirm, That it is a∣gainst order, decency, & Scripture, that we should be judged by Presbyters or by Laicks, without au∣thority and Commission from Sovereign authority.

For the Reasons foresaid, and many moe, and for discharge of our duty to God, to his Church, and to our Sacred Sovereign, lest by our silence we betray the Churches right, his Majesties autho∣rity, and our own consciences, We for our selves,

and in name of the Church of Scotland, are forced to protest, That this Assembly be reputed and holden null in Law Divine and Human, and that no Church-man be holden to appear before, assist or approve it; and therefore, that no Letter, Pe∣tition, Subscription, Interlocutor, Certification, Admonition, or other Act whatsoever proceed∣ing from the said Assembly, or any Member thereof, be any wise prejudicial to the Religion and Confession of Faith by Act of Parliament e∣stablished, or to the Church, or any Member thereof, or to the Jurisdiction, Liberties, Pri∣viledges, Rents, Benefices, and Possessions of the fame, Acts of General Assembly, of Councel and Parliament in favours thereof, or to the three Estates of the Kingdom, or any of them, or to us, or any of us, in our Persons or Estates, Au∣thority, Jurisdiction, Dignity, Rents, Benefices, Reputation, and good Name: But on the con∣trary, that all such Acts and Deeds above-men∣tioned, and every one of them, are, and shall be reputed and esteemed unjust, illegal and null in themselves, with all that hath followed or may follow thereupon.

And▪ forasmuch as the said Assembly doth in∣tend (as we are informed) to call in question, discuss, and condemn things not only in them∣selves lawful and warrantable, but also desined and determined by Acts of General Assembly and Parliaments, and in practice accordingly, to the disgrace and prejudice of Reformed Religion, Au∣thority of the Laws and Liberties of the Church and Kingdom, weakning his Majesties Authority, disgracing the Profession and Practice which he holdeth in the Communion of the Church where he liveth, and branding of Reformed Churches with the foul aspersions of Idolatry and Superstiti∣on; we protest before God and Man, That what shall be done in this kind, may not redound to the disgrace or disadvantage of Reformed Religion, nor be reputed a Deed of the Church of Scot∣land.

We protest that we imbrace and hold, that the Religion presently professed in the Church of Scot∣land, according to the Confession thereof, recei∣ved by the Estates of this Kingdom, and ratified in Parliament the year 1567. is the true Religion bringing men to eternal Salvation, and do detest all contrary Errour.

We protest, that Episcopal Government in the Church is lawful and necessary; and that the same is not opposed and impugned for any defect or fault, either in the Government or Governors; but by the malice and craft of the Devil, envying the success of that Government in this Church these many years by-past, most evident in plant∣ing of Churches with able and learned Ministers, recovering of the Church Rents, helping of the Mi∣nisters stipends, preventing of these jars betwixt the King and the Church, which in former times dangerously infested the same, keeping the peo∣ple in peace and obedience, and suppressing of Po∣pery, which, in respect either of the number of their Professors, or boldness of their Profession, was never at so low an ebb in this Kingdom as be∣fore these stirs.

We protest that, seeing these who for scruple of Conscience did mislike the Service-Book, Ca∣nons, and High Commission, which were appre∣hended or given forth to be the cause of the trou∣bles of this Church, have now received satisfaction, and his Majesty is graciously pleased to forget and forgive all Offences by-past in these stirs, that all the Subjects of this Kingdom may live in peace and Christian love, as becometh faithful Subjects and good Christians, laying aside all hatred, en∣vy, and bitterness; and if any shall refuse so to do, they may bear the blame, and be thought the cause of the troubles that may ensue: And the same be not imputed to us, or any of us, who de∣sire nothing more, than to live in peace and con∣cord with all men under his Majesties obedience; and who have committed nothing against the Laws of the Kingdom and Church, that may give any man just cause of offence; and are so far from wishing hurt to any man, in his person or estate, notwithstanding all the indignities and in∣juries we have suffered, that for quenching this present Combustion, and settling peace in this Church and Countrey, we could be content (af∣ter clearing of our innocency of all things where∣with we can be charged) not only to lay down our Bishopricks at his Majesties feet, to be dispo∣sed of at his Royal pleasure, but also, if so be it pleased God, to lay down our lives, and become a Sacrifice for this Attonement.

We protest in the sight of God, to whom one day we must give account, that we make use of this Declinator and Protestation out of the con∣science of our duty to God and his Church, and not out of fear of any guiltiness, whereof any of us is conscious to himself, either of wickedness in our lives, or miscarriage in our callings; being content every one of us, for our own particular (as we have never shewn our selves to be other∣wise) to undergo the lawful and most exact tri∣al of any competent Judicatory within this King∣dom, or of his Majesties High Commissioner.

And we most humbly intreat his Grace to in∣tercede with the King's Majesty, that he may ap∣point a free and lawful General Assembly, such as God's Word, the practice of the primitive Church, and Laws of the Kingdom to prescribe and allow, with all convenient speed, to the effect the pre∣sent distractions of the Church may be settled. And if there be any thing to be laid to the charge of any of the Clergy, of whatsoever degree, either in life and manners, or doctrine, or exercise of his calling and jurisdiction, he may be heard to an∣swer all accusations, and abide all trial, either for clearing his innocency, or suffering condign pu∣nishment, according to his transgressions; de∣clining always this Assembly, for the causes above∣written: Like as by these presents, we, and eve∣ry one of us, decline the same, the whole Mem∣bers thereof, and Commissioners foresaid directed thereto, and every one of them.

We protest, that this our Protestation, in re∣spect of our lawful absence, may be received in the name of us under-subscribing for our selves, and in the name of the Church of Scotland that shall adhere to the said Protestation, and in the name of every one of them, from our welbeloved Dr. Robert Hamilton Minister at Glasford, to whom by these presents we give our full power and express mandate to present the same in or at the said Assembly, or where else it shall be necessary to be used, with all submission and obedience due to our gracious Sovereign and his Majesties High Commissioner; and up∣on the presenting and using thereof, acts and in∣struments to crave, and all other things to do that necessarily are required in such cases; firm and stable holding, or for to hold, what he, or any of them, shall lawfully do in the premises.

In witness whereof, as we are ready with our Blood, so with our Hand we have subscribed these Presents, at the Palace of Holy-rood-house, New∣castle, and Glasgow, the 16, 17, and 20th days of Novemb. 1638. & sic subscribitur;

• Jo. Sancti Andreae Arch.
• Pa. Glasgow.
• Da. Edenburgen.
• Tho. Gallovidien.
• Jo. Rossen.
• Walterus Brechinen.

AFter these passages, there were read divers Protestations at the Lord Commissioners instance, from several places against the lawful∣ness of this Assembly, both in regard of the Lay∣elders present in it, and the Ministers Commissio∣ners in it chosen by Lay-elders: One sent from ma∣ny Ministers, and read publickly, doth here fol∣low.