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 Supplication and humble Re∣monstrance of the Ministers of the Church of Scotland, presented to his Majesties High Commissi∣oner and General Assembly held at Glasgow in November 1638.

May it please your Grace,

ANd you right Noble, Right Worshipful, and you most Reverend Brethren, conveened by his Majesties Proclamation in this venerable National Assembly, to consult upon the most convenient ways, and to enact such Ecclesiastical Laws, as to your Wisdoms seems most expedient, for preserving of peace and truth in this Church, for which ends we from the bottom of our hearts (as feeling Members of the same) earnestly intreat him, who hath promised to be with his own to the end of the World, by his Spi∣rit and Grace, so to direct and assist your Wisdoms, that by this long expected Meeting, glory may redound to his ever glorious Name, and peace to this rent Church, which all the Members thereof, with most earnest wishes, expect at your hands. For the pre∣sent, we thought it our duty, as those whom it doth most clearly concern (our great Shepheard having com∣mitted to our Charge a part of that Flock which he hath redeemed with his precious blood) to present un∣to you our just fears which arise from the sudden in∣croaching of the Laick (now called Ruling) Elders, in divers Presbyteries of this Kingdom, having chief hand in choosing of Commissioners there, lest they, with Commissioners thus elected, may bring upon the Neck of the Ministry and Church here, the heavy yoke of over-ruling Elders in all times coming, to the no small hurt of us and our Successors in the Gospel, except timely remedy be provided.

Our humble Supplication therefore to your Grace, and Members of this present Assembly, is, That all these Commissioners thus chosen by the voice of Laick Elders, and in whose Commissions they have had hand, may be removed, as men to whose voices and judg∣ments we cannot submit our selves in matter of Church Government, for the just fears above exprest, they be∣ing justly suspect Judges not to be admitted, and their Elections and Commissions void for Reasons fol∣lowing:

First, There is no Law in this Kingdom whereby Laick Elders have any voice in choosing Commissio∣ners to General Assemblies; the chusers therefore ha∣ving no legal Power to elect, those that are chosen by such, can have no place nor voice in this Assem∣bly.

Secondly, Albeit there have been heretofore, and before Churches were fully planted, a custom that Laick Elders did sit in Presbyteries, yet that custom hath been these thirty five years by-past, universally (and above forty years in most Presbyteries) interrupted; which Prescription is sufficient to make void any such Custom: So that it can be no sufficient warrant for them to sit and voice in Presbyteries now, much less to intrude themselves (as they have done in many Presbyteries) contrary to the minds and publick Prote∣station of the Ministery.

Thirdly, When Laick Elders had place in Pres∣byteries, yet it was ordained that the voices should not be equal in number, with the voices of the Mi∣nistery, as is to be seen in the Book of Discipline Chapter. But in this Electi∣on, their number were not only equal, but in most parts more, because out of every Parish there was a Laick Elder, and so at least equal in number; and in ele∣ction of these Commissioners, against whose election we except, there was put upon the list six in some places, and in others four of the Ministers, who being removed, in their absence the choice was made when the Laick El∣ders by six or four at the least exceeded the Ministers in number of voices, yea, in some Presbyteries the Laick Elders were twice so many in number; so that these Commissioners are mainly chosen by the Laity, and not by the Ministers, neither can we acknowledge them for ours.

Fourthly, These Laick Elders did of old only assist in Discipline, not medling with points of Doctrine (suffering the spirit of the Prophets to be subject to the Prophets, according to the Apostolical Rule;) but now they intrude themselves to sit and voice in the Presby∣teries in matters of Doctrine, and have given Com∣mission to those whom we except against, to voice in this venerable Assembly, in Doctrine as well as in matters of Discipline; which Commissions are null, as pro∣ceeding à non habente potestatem. For these and other most weighty causes, the Election of such Commis∣sioners, and their place in this Assembly being so dan∣gerous to the Church, threaten the same with the most intolerable yoke of bondage to be laid upon the neck of the Presbyteries by Laick over-ruling Elders, to the prejudice of the Liberties of the said Presbyteries, and whole Discipline of this Church. We could not, out of Conscience to God, our Callings, and Flocks, but make humble remonstrance of the same to your Grace and Members of this grave Assembly: Withal protest∣ing, both in our own names, and in name of all the Ministery and Body of this Church that will adhere to this present Supplication, that all Sentences, Conclusi∣ons, Canons, Statutes, and Ordinances, which s••all be made in that Assembly wherein the foresaid Commis∣sioners shall have determinative voices, to be void, null, and of no effect to oblige us or any of us to the obedience of the same: But if this our just Supplication be not admitted (which we hope and earnestly pray may be gra∣ciously accepted) then this our Protestation may be of force against such Laws and proceedings that may fol∣low thereupon. Thus hoping for your charitable con∣struction of this our necessary duty in so eminent a danger of the Church, and humbly intreating these presents may be put upon Record, We rest.

ANd when the Protestation of the Presbytery of Glasgow (which was a very strong one) begun to be read, the Principal of the Colledge there desired the forbearance of it for a time; to which the Moderator gladly yielded: But the Lord Commissioner, who had delivered it in with his own hands, pressed the reading of it out; which the Moderator refused, alledging that any man might withdraw his own Prote∣station, much more desire the forbearance of reading of it: To which the Lord Commissioner replied, That the Protestation was subscribed not only by the hand of the Principal, but the major part of the Ministers of that Presbytery, of whom many were Covenanters; that in all their names it was presented unto him, and therefore could not be recalled by any one of them, with∣out the consent of the rest, praying him that it might be read out to the end; but all in vain; for no Justice could be had from them, especially in a point which so much concerned their repu∣tation: For they conceived it would be a great blur to their business, if a Protestation (made by that Presbytery, in which was the seat of the Assembly) should be known: And therefore they would neither read it, nor did they deliver it back again, against all Rules both of Justice and Equity. After this Contest the Assembly for that night was dismissed.

The Lord Commissioner wondering that the Principal of the Colledge should in publick desire the forbearance of publishing the Protestation of the Presbytery of Glasgow in the Assembly, used means to know the reason of it, and found by the averment of persons of good credit upon their own knowledge, that the night before late at Ten of the clock, the Lord Lowdan and the Mo∣derator, with divers others Covenanting Mini∣sters, had been with the Principal, and told him, That the Presbyterial Protestation would make a great division among them; that unless he did withdraw it, he must never look to live quietly in Glasgow, nor any where in Scotland. That the Principal told them, it was presented to the Lord Commissioner, from whom it was not possible to recover it; that then by the same threatnings they adjured him to desire the for∣bearance of reading of it, if it should be tendered to the Assembly; that after they were parted from him, his Wife all in tears begged the like of him, affirming, that the Lord Lindsey had been with her, and sworn to her, that both he and his must be utterly ruined, if she could not prevail with him for re-calling that Protestation. This and many other passages heretofore mentioned, ba∣nishing quite out of the Lord Commissioners mind, and the minds of all his Majesties well-affected Counsellors there present, all hopes, not only of just and fair, but even of formal proceedings in that Assembly, where not so much as the shew and countenance of Justice was to be discerned, nor a∣ny thing but the power and obstinate wilfulness of the Covenanters, and the unanswerable nullities of this Assembly, in regard both of the Members elected, and the manner of their Election, be∣ing throughly considered, and the Reasons of the Bishops declinator presented to the Lord Com∣missioner being seriously weighed, by which they did not decline the Judgment of a General Assembly lawfully constituted, but only of this As∣sembly, which was to be accounted far rather a Laical Convention, than Ecclesiastical, all the Members whereof had barred themselves from be∣ing Judges by their Solemn Oath of Combination for the rooting out of that Kingdom both the Bishops persons and callings; to whose sentence his or the Lord Commissioner could not deliver them over without betraying all courses of Ju∣stice, and denying to the Bishops that protection which cannot be denied by the King to any of his Subjects, viz. the benefit of the Laws of that Church and Kingdom. And besides, the Lord Commissioner having certain and unquestionable intelligence of the Covenanters unmoveable re∣solution, that although the Assembly should be continued, and all things which they desired (even to their own wishes) should be granted and effected, yet that the quietness and peace of that Kingdom should be never awhit the more settled or established, but that they were deter∣mined to choose at this Assembly certain Com∣mittees, who, under the name of Commission∣ers from the General Assembly, should keep up their Tables, and be chosen and continued from one Assembly to another, and so hold on the same rebellious courses which they have held ever since the first erection of their Tables, to the utter overthrow of his Majesties Royal authority, and the authority of the Lords of his Council, and Lords of the Session under him: And the Lord Commissioner well weighing his Majesties Instru∣ctions, according to which he was to carry him∣self in this Assembly, if he should find that these mischiefs and courses of Injustice could not be stopped, resolved the next day (according to his Majesties special commandment) in his Ma∣jesties name, and by his authority to dissolve that Assembly, whose aim was only to rob his Majesty of his Sovereign Power, and to put it in the hands of their Commissioners.

According to which resolution the Lord Com∣missioner the next day, being Wednesday the 28th of November, went betimes in the morning to the Church, and the Councel (having warning over night) met him in the Chapter-house, where they sate in Consultation before they went to the Assembly: He did then impart to them the resolution he had to dissolve the Assembly, and did ask their advice for the manner of doing it: After hearing each of their advice severally, he was confirmed in his resolution. The reason why the Lord Commissioner held the Councel in that place, was, because some of the Councel, who were present, should have no time to communicate his resolution to the Covenanters, nor to con∣sult with them about the hindering it; the Assem∣bly being fully set before the Councel came out, so that what had passed there, could not be com∣municated to them.

The first thing propounded there by the Mo∣derator that day, was this: A day or two before, there were brought into the Assembly three or four great Volumes by their new Clerk, which he alledged were the Acts of the General Assembly from the very first Reformation of that Church, which, by the special Providence of God, and his own careful industry, had been recovered, else they had been lost for ever, to the invaluable loss of the purity of the Religion and Discipline establish∣ed amongst them; for they had been thrown by for many years, until he by some strange ac••••∣dent had light upon them. After which Speech of the Clerk, the Moderator had desired them to choose a Committee to peruse these Books, and to report to the Assembly, Whether they con∣ceived them to be the true and authentical Acts of the General Assemblies of the Church of Scotland▪

The day before this, these Committees had made their report that they had perused them, and had found them to be true and authentical Re∣cords, and delivered in Writing some Reasons of this their Opinion; which made the impartial Au∣ditors wonder how in two days men could per∣use, and make a judgment of such Volumes, which other men (who took themselves to be no Fools) thought could hardly be done in one Year: But that was all one, the Moderator this day put it to the question and voices, Whether they would allow the Copies of those Books of Assembly (which the Committees the day before had re∣ported to be good and faithful Copies) to be reputed ever hereafter for the authentical Re∣cords and Registers of the Church of Scotland? The Lord Commissioner prayed them to forbear doing any thing suddenly in a business of so great importance; that nothing, especially if it were doubtful, could be made a publick Record of any Judicatory which was to oblige his Majesties Subjects, unless his Majesty first by his Advocate and Learned Counsel were satisfied of the authen∣tical Authority of that Record; and therefore wished them to stay until that course might be ta∣ken, and before that time not to put it to voices: But all in vain, for presently they of the Assembly (without one contrary voice) concluded these Books to be authentical Registers, and so to be held and reputed for ever, without knowing what was in them: They were four Books, and very large, and confessed not to be the Origi∣nals, but Copies. The Lord Commissioner then remembring that at the Palace at Holy-rood-house he was denied the sight of the Books of the As∣sembly (the Covenanters having threatned the former Clerk of the Assembly, if he should let his Majesties Commissioner have the perusal of them) begun now to think, that there might be stuff enough in them against the King's Regal au∣thority, and perhaps a great deal of it of their own devising; which caused the Lord Commissioner to enter into the Clerk of Registers hands a so∣lemn Protestation against the validity of these Records, and against any of his Majesties Sub∣jects being obliged by them, until such time as they should be perused and allowed by such as his Majesty should authorize by Commission for that purpose.

Next, The Moderator desired the Clerk to read certain answers, which upon the sudden had been drawn up (as he said) by certain Brethren to the Reasons contained in the Bishops Declinator which had been read the day before: And indeed, so soon as they were heard, it was easily believed that they were drawn up upon a sudden, without either fear or wit, being very poor and silly, stuffed full of citations out of their own Books of Dis∣cipline, which did allow Lay-elders; and by these Testimonies concluded the exception of the Bi∣shops against Lay-elders, and Ministers, Com∣missioners chosen by them for having voice in the Assembly, to be invalid; which made some ad∣mire by what consequence it could be inferred, that because there had been Lay-elders in particu∣lar Church-Sessions, nay, and perhaps in Presbyte∣ries, that therefore these Lay-elders either had, or must now have voices in the General Assembly, or in choosing the Ministers Commissioners to it: Yet the Moderator caused another Paper to be read in defence of Lay-elders, of the very same tedious stuff with the former: And, to magnisie those Books of Discipline, so often cited in both these Papers, the Moderator desired the whole Assembly to hear himself read a long Latin Testimony, given in the Syntagma of the Confessions of the Reform∣ed Churches, to the purity of the Discipline of the Church of Scotland. The Lord Commissioner cal∣led for the Book, and desired to see what he had read, and found it to be a private Testimony of one unknown, inserted by the Printer or setter out of that Syntagma, to make it sell the better, because it had some new thing in it; which made a good many laugh at that so much magnified Testimony. Then the Moderator, to take away that excepti∣on in the Bishops Declinator, that the Assembly was a declared Party (and therefore could not be their Judge) alledged, that the Remonstrants had made the same Objection against the Synod of Dort, but that it was repelled by all the Divines there present, and the invalidity of that exception declared by none better than by the Divines of Great Britain, whose judgment against that excep∣tion he then out of the publick Acts of that Sy∣nod did read: The Lord Commissioner told the Moderator, that he should have done well to have translated into Scottish that passage which he last read, and the former out of the Syntagma, that so many of the Lay-elders, who were to judge of the fitness of these citations, might understand him and them; which the Moderator passed over with a smile. One who stood by the Lord Commissi∣oner, and had been present at the Synod of Dort, asked leave first of the Lord Commissioner, and then of the Moderator to speak, which being gran∣ted him by both, he answered the Moderators an∣swer to the Bishops objection, thus: That the Bi∣shops exception against them of the Assembly, as pars adversa, differed from that of the Remon∣strants against the Synod of Dort two ways: First, in regard of the matter of it. For the Synod con∣sisting of Divines, and the matters controverted be∣ing points of Divinity (and by some men thought to be fundamental points of faith, though they were not so) in which Scholars use not to be neu∣tral, it was impossible for the Remonstrants to find Divines to be their Judges, if they would except a∣gainst such Divines as had declared themselves to be of the one opinion or the other: But it was not so with Episcopacy in the judgment of the Mem∣bers of this Assembly; for they could not hold the allowing or rejecting of Episcopacy to be a point of Doctrine, because points of Doctrine are not alterable▪ but the Church of Scotland in her posi∣tive Confession, Article 21. did hold Church Poli∣cy or Government alterable at the will of the Church; which opinion, whether he did allow or not, he was not then and there to declare: But sure in such points, which they themselves held alterable and indifferent at the will of the Church, being no points of Doctrine, there was no ne∣cessity of pre-declaring their judgment, especi∣ally after they meant to be Judges: Nay, there was a necessity of not pre-declaring their Judg∣ment against Episcopal Government, consider∣ing it stood now in force by Acts both of Church and Parliament; and therefore that the Declara∣tion of their judgment against it, (even since they intended to be Judges of it, but before they were actually so) did bar them from being Judg∣es of it at all. But secondly, and that upon which he principally insisted, was this: That the Bishops case in their exception against this Assembly, differed from that of the Remon∣strants against the other Synod, in the manner of the Members of that Synods pre-declaration, and of the Members of this Assemblies pre-decla∣ration. Many of the Members of that Synod had

pre-declared themselves by Discoursing, Writing, Preaching, &c. but not by any judicial Act, nor by any Act equivalent to a judicial Act, such as swearing against the other Tenet, binding them∣selves by Oathes, Covenants, Combinations, Confederacies, Associations against the abetters of it, all which being Acts analogical to judical Acts, and being done by the Members of this Assembly against the Bishops, absolutely barred them from being Judges in the question of these Bishops per∣sons or calling. Some answer was made to this by the Moderator and others, which required no reply; and therefore received none, that which was answered being no way against that which had been delivered: For the Moderator conceiving that he who spake, had affirmed that the five Arti∣cles treated of at the Synod of Dort, had been fundamental points of of Faith (of which opini∣on the Speaker never was, nor is) fell upon a discourse of fundamental and not fundamental points of Faith; affirming that the Synod of Dort had never determined the five Articles to be fundamental points of Faith, which the former Speaker knew very well to be true: And it made many auditors think, that the Moderator did de∣liver this only because he would have something to say; for they did conceive that he had been a man so rigid in these Tenets, that he had held them to be fundamental points of Faith: But whether he did or not, there were many Ministers Members of the Assembly, who did hold them to be fundamental points, and most unchristianly and uncharitably had Preached, that the Remon∣strants Tenets did destroy the very foundation of Faith; and whosoever sided with them in the five Articles, could not possibly be saved. But now the other exception laid by him that spake, and in which he conceived the strength of his Speech principally to lie, viz. That by their swearing, and combining by a Covenant against the Bishops (which was a plain pre-judging of them) they had barred themselves from being their Judges; the Moderator was pleased to make no answer at all, though of all that was spoken it most princi∣pally required one. Another Minister, one of the gravest and learnedest in the Assembly, did conceive that he which spake had affirmed, that Councils and Synods were only Judges of points of Faith and Doctrine, but not of Government or other matters; and instanced in Novatus and Donatus, who by Councils and Synods had been censured in points of Schism; which no man ever denied, nor ever came within the compass of the thoughts or words of him that spake. Here a Lay-Elder, who was a Lord, conceived that he who spake had said something insinuating that Lay-Elders had given voices in some Councils; Thereupon the person that spake, unwilling to let that pass, asked leave to tell his Lordship that he was mistaken, and that if the L. Commissioner and the Assembly would give him leave, he would maintain it against any man in the Assembly, that neither the name nor thing of a Lay-Elder, was ever known to any General or Provincial Council; nay, not to any particular Church in the whole Christian World, before Calvin's daies. To this no reply was made, save only by the Moderator, who first said that it would be thought a strange thing in England, if any of this Assembly should stand up in the Convocation House, and speak against their Church Government: to which was answered by him that spake, That he neither did speak, nor would have spoken there, without leave asked and obtained; nor would he have asked leave, if it had not been to have cleared a passage of the Synod of Dort urged by the Mode∣rator, and in which he himself was interessed. And it seems here the Moderator was brought very low, by telling the party that his Father while he lived was of another opinion: to which the other answered, That that was a weak reason; for there were some Members of the Assembly then sitting, whose Fathers had been Papists: And he who spake did very much wonder that the Moderator should think it strange for him to differ from his Father in his judgment of these points of Ecclesiastical Government; for he did not appre∣hend it so great a matter for any man to differ from his Father in judgment, as to differ from himself: and he was sure that the Moderator knew well enough that many Members of the As∣sembly, who were now fiercest against Episcopal Government, within these few years had been as earnest maintainers of it as any, and more ambi∣tious and earnest suitors for Bishopricks than any other. The Moderator at last cut off all further contestation about these Lay-Elders, by affirming that the state of the question as it stood before them, was not whether Lay-Elders had ever been received in other Churches, but whether their Office and place in the Assembly was agreeable with the constitutions of the Church of Scot∣land; and so no more was spoke of it.

The Moderator from that Speech which was made for justifying the Bishops exception against the competency of their Judges, viz. the As∣sembly, because the Members of it had declared themselves parties, took occasion to speak thus to the Assembly: Since we see both the competen∣cy and constitution of this Judicatory and assem∣bly is thus openly impugned, it is high time to clear this point, of which none can be Judge but the Assembly it self, and therefore I will present∣ly put it to voices, Whether this Assembly be the lawful and competent Judge of the Libel against the Bishops, notwithstanding the reasons contain∣ed in their Declinator.

This gave the Lord Commissioner the occasion (which he neglected not) to do and declare that which by his Majesties Special Commandment he had resolved on; for he presently made a Speech of a competent length, the sum whereof was this: I should perhaps have continued a little longer with you, if you had not faln upon a point which doth in∣force my deserting you: You are now about to settle the lawfulness of this Judicatory, and the competency of it against the Bishops, whom you have cited hither; neither of which I can allow, if I shall discharge ei∣ther my duty towards God, or loyalty towards my gra∣cious and just Master. This is a day to me both of gladness and sadness; Gladness, in that I have both seen this Assembly meet, which his Majesties Subjects have been made believe was never intended by Him, and in that I shall now in his Majesties name m••k•• good unto you all his most gracious offers in his last Royal Proclamation, which likewise his Majesties Subjects were made believe would never be performed by Him: Of Sadness, in that you who have called so much for a free General Assembly, having one most free, in his Majesties intentions, granted you, have so handled and marred the matter, that there is not the least sha∣dow of freedom to be discerned in this your Meeting: for the former, which is the discharge and perfor∣mance of your Soveraigns gracious promises, let this Paper, which I deliver to the Clerk to be read, wit∣ness it to you all, which I am sure you can not chuse but receive with all thankfulness and dutiful acknowledg∣ment of his Majesties Piety, Goodness, and Clemen∣cy,

unless all Religion and goodness be quite banished out of this Land: Here the Clerk publickly read the Paper, which followeth:

THe King's Majesty being informed, that many of his good Subjects have apprehended, that by the introducing of the Service-Book and Book of Ca∣nons, the in-bringing of Popery and Superstition hath been intended, hath been graciously pleased to discharge, like as by these he doth discharge the Service-Book and Book of Canons, and the practice of them or either of them: And annulleth and rescindeth all Acts of Council, Proclamations, and all other Acts and Deeds whatsoever, that have been made and published for establishing them, or either of them: And declareth the same to be null, and to have no force nor effect in time coming.

The King's Majesty, as he conceived, for the ease and benefit of his Subjects, established the High Com∣mission, that thereby Justice might be Ministred, and the faults and errours of such persons as are made lia∣ble thereto, taken order with and punished, with the more conveniency and less trouble to the people: But finding his gracious intentions therein to be mistaken, hath been pleased to discharge, like as by these persents he doth discharge the same, and all acts and deeds what∣soever made for establishing thereof. And the King's Majesty being informed, that the urging of the five Articles of Perthes Assembly hath bred distraction in the Church and State, hath been graciously pleased to take the same to his Royal consideration, and for the quiet and peace of this Country, hath not only dispen∣sed with the practice of the said Articles, but also dis∣charged all and whomsoever persons from urging the practice thereof, upon either Laick or Ecclesiastical person whatsoever: And hath freed all his Subjects from all censure and pains, whether Ecclesiastical or Secular, for not urging, practising, or obeying them, or any of them, notwithstanding of any thing con∣tained in the Acts of Parliament, or general Assembly to the contrary. And his Majesty is further contented, that the Assembly take the same so far into their con∣sideration, as to represent it to the next Parlia∣ment, there to be ratified as the Estates shall find fitting.

And because it hath been pretended, that Oathes have been Administred different from that which is conceived in the Acts of Parliament, his Majesty is pleased to declare by Me, that no other Oath shall be required of any Minister at his entry, than that which is set down in the Act of Parliament.

And that it may appear how careful his Majesty is, that no corruption or innovation shall creep into this Church, neither yet any scandal, vice, or fault of any person whatsoever (censurable or punishable by the Assembly) go unpunished, his Majesty is content to declare by Me, and assure all his good people, that ge∣neral Assemblies shall be kept so oft as the affairs of this Church shall require.

And that none of Our good Subjects may have cause of grievances against the proceedings of the Prelates, his Majesty is content, that all and every one of the present Bishops and their Successours, shall be answera∣ble, and accordingly from time to time censurable according to their merits by the General Assem∣bly.

And to give all his Majesties good people full as∣surance, that he never intended to admit any alteration or change in the true Religion professed within this Kingdom, and that they may be truly and fully satis∣fied of the reality of his intentions, and integrity of the same, his Majesty hath been pleased to require and command all his good Subjects to subscribe the Confes∣sion of Faith and Band for maintenance thereof, and of his Majesties Person and Authority formerly sign∣ed by Our dear Father in anno 1580. and now like∣wise requireth all those of this present Assembly to sub∣scribe the same. And it is his Majesties will, that this be inserted and registred in the Books of Assembly, as a Testimony to Posterity, not only of the sincerity of his intentions to the said true Religion, but also of his resolution to maintain and defend the same, and his Subjects in the Profession thereof. Sub∣scribitur

HAMILTON.

AFter the Reading whereof, Our Commis∣sioner went on, and added: I have, you see, subscribed that Paper with mine own hand, and to make his Majesties Religion, Grace, Goodness, and the Zeal which he hath to settle the peace of this Church and Kingdom, known to all succeeding Genera∣tions, I do require that it be entred into your ordina∣ry Books of Assembly; but with this provision, That this my assent to the Act of Registring this his Maje∣sties Declaration, shall be no approbation of the law∣fulness of this Assembly, or of any other Act made, or to be made in it, but that all Protestations, made or to be made against this Assembly in all other acts and proceedings thereof, shall stand in full force and effect: And of the delivery of this Paper, containing his Majesties gracious offers, into the hands of the Clerk of the Assembly, and of my requiring it to be registred in the Books of the same, as also of my Protestation against the lawfulness of this Assembly in all other Acts, I take publick Instruments in the hands of the Clerk of Our Soveraign Lord his Register, and re∣quire him to make an Act thereof. Which being done the Moderator in a short Speech acknowledged his Ma∣jesties special goodness in granting the particulars contained in the Paper, promising it should be Regi∣stred in the Books of Assembly, and desired to go on with the business of the Assembly.

But the Lord Commissioner told them, he must go on with them no more; for now the sad part was behind, viz. That since they had brought Lay-Elders to give voices in this Assembly, a thing not practised before, or at least dis-used so long, that no man present had seen it; the Ministers sitting here as Commissioners were chosen by Lay-Elders, a thing never heard of before in this Church; all the persons having voices here, were before the Elections designed by the Tables at Edenburgh; all others by their ex∣press directions barred; these few Commissioners sent hither, but not chosen according to their designation, were by their Cavils, made for that purpose, set aside, and not admitted to have voices; the Bishops cited hi∣ther were to be judged by the very same persons who had pre-judged and condemned them at their Tables; he attested Heaven and Earth, whether this could be ima∣gined to be any way a free Assemby, and therefore cal∣led God to witness, that they themselves were the cause, and the only cause why this Assembly could not have that happy issue which his Majesty heartily wished; and why the Bishops could receive no censure from them, in regard of these their sinister proceedings: for how could any man expect Justice from them, who had de∣nied it to his Majesty, in refusing voices to his Com∣missioners Assessors, which was never denied to his Ma∣jesties Royal Father, when he called far more Assessors than his Majesty did now? Much more to this purpose was delivered by the Lord Commissioner; upon all which he commanded and required them not to proceed any fur∣ther in this Assembly, and declared that whatsoever they should say or do hereafter in it, he in his Maje∣sties name protested against it, and that it should

never oblige any of the King's Subjects, nor be repu∣ted for an Act of General Assembly.

The Moderator with a Speech well penned, which he had in readiness whensoever the Assem∣bly should be dissolved, seemed much to deplore the Lord Commissioners resolution for breaking up the Assembly; he attributed very much to the King's power in Ecclesiastical Causes and Assem∣blies, said many things of his Majesties power, quite contrary to much which they have since printed in their seditious Pamphlets and Protesta∣tions, and much more then was liked and appro∣ved by many of his Fellow-Covenanters: To∣wards the end of his Speech he affirmed, That his Majesty was Universal Bishop over all his Kingdoms, &c. which made the Lord Commissi∣oner use means to have the Copy of his Speech, but it could not be obtained while it was fresh in the Auditors memories. Many days after the Lord Commissioner was gone from Glasgow, a Copy of it was sent him, but all that which concerned his Majesties Ecclesiastical Power, especially of his being Universal Bishop in his Kingdoms, was quite left out; by which it was plain, that (as it was before conjectured) he had displeased ma∣ny of the Assembly, by giving more Ecclesiasti∣cal Power to his Majesty in that Speech, than they intended he should ever have. The conclusion of his Speech was, That as the Lord Commissi∣oner had served his Master carefully and faithful∣ly, in preserving his Priviledges and Prerogatives, so they must needs likewise be faithful and care∣ful in preserving the Priviledges and Prerogatives of the Kingdom of the Son of God, which was his Church; That they should much grieve for his absence, whose presence had been so accepta∣ble and comfortable to them, and who had car∣ried himself among them with so much Wisdom and moderation, that they should have a great miss of him; with many more words, tending to the very high commendation of the Lord Com∣missioner.

After the Moderator, divers of the Lords spake much to vindicate the Covenanters from their prelimitations and sinister dealings in their Ele∣ctions: But the Lord Commissioner presently choaked their confidence, with the production of two Papers, which they little supposed he had ever seen: They contained their secret instructi∣ons, with which the whole Tables were not ac∣quainted, for they must then of necessity some way or other have come to the knowledge of all the Covenanters, very many of whom by these secret Orders were barred from being chosen Commissioners to the Assembly, as well as the Non-covenanters: And therefore they fearing to lose or displease such a considerable number of their own Party, did by these private Advertise∣ments (contrived only by the chief Rulers of the Table, but never presented to the Tables them∣selves) take order that none who could fall with∣in the suspicion of moderation, should be chosen Commissioner for the Assembly.

The one of these Papers was directed to one Lay-elder of every Presbytery, some special Con∣fident of theirs, containing these Nine Articles ensuing.

1. BEcause all projects and purposes will fail, if they be not pursued with constant diligence to the end, the Devil sleeps not, and we hear our Ad∣versaries are busie, and our misery will be unexpressi∣ble great, and we ‖ 1.1 Indibrious if they shall prevail o∣ver us in a free General Assembly, for which we have been pleading so long; it were meet that so far as may be a new warning should be given, to stir up the best affected.

2. That every Nobleman be diligent with the Ba∣rons and Ministers nearest unto them, and that he write unto his best Acquaintance, who are far off.

3. That some one Minister and Gentleman in e∣very Presbytery meet oft together, to resolve upon the particular Commissioners to be chosen, and use all diligence with the rest of the Ministers and Gentle∣men that such may be chosen.

4. Because nothing will avail so much for our pur∣pose, where the most part of the Ministers are dis∣affected, as that the Gentlemen be present to vote in Presbyteries, it would be presently tried whether this be put in execution; and if the Minister be slow in urging it, the Gentlemen themselves to urge it, and put themselves in possession.

5. Our Adversaries in this cause are seeking their own ends, and will set our Friends on work to deal with us; all would be warned to shut their ears, and in this case to forget Parents, Brethren, and Friends, and without respect to any person, to do what may most conduce for our good ends.

6. Much will be pretended that the Bishops be li∣mited, They will be harmless in time coming; and on the other hand, that Ministers having all in their power will prove unruly: But it would be seriously considered, first, That God's Ordinance (except that we will mock him, and be wiser in his errands than himself) should have place. Secondly, That Mini∣sters will be constrained to keep themselves within bounds, if Gentlemen resort to the Presbyteries, Sy∣nods, and Assemblies. Thirdly, That this Order will both make Gentlemen more religious and more accom∣plished every way, and will make Ministers more di∣ligent in their Studies and Calling, and take better heed to all their ways; which, no doubt, will (through the blessing of God) make this a flourishing Church and Kingdom, which otherwise, of all Nations will be most slavish, miserable, and contemptible to all our Neighbours, when they shall perceive how by our own silliness and treachery we have lost so fair an oc∣casion of our liberty, both Christian and Civil.

7. That they linger not, they would be urged again to send their Commissioners to Edenburgh before the first of October; by this we shall know our own strength the better at our next meeting.

8. And the Gentlemen, at the least the greatest part of them, would be warned to be at Edenburgh the 20th of September; and that only the Gentle∣men who are named Commissioners to the Presbytery, for chusing their Commissioners for the Assembly, with some to assist them, that day stay at home, and those to come away immediately after the Electi∣on.

9. That in every Presbytery there be a particular care taken of the informations against the Prelates for instructing our Complaints.

The other Paper was directed to some Mini∣ster of every Presbytery, in whom they put most special trust, containing these eight Articles en∣suing.

Private Instructions, August 27. 1638.

1. THese private Instructions shall be discovered to none but to Brethren well affected to the cause.

2. Order must be taken that none be chosen ruling Elders but Covenanters, and those well affected to the business.

3. That where the Minister is not well affected, the ruling Elder be chosen by the Commissioners of the Shire, and spoken to particularly for that effect.

4. That they be careful no Chapter-men, Chapel-men, or a Minister Justice of Peace, be chosen, although Covenanters, except they have publickly renounced or declared the unlawfulness of their places.

5. That the ruling Elders come from every Church in equal number with the Ministers, and if the Mi∣nister oppose, to put themselves in possession notwithstand∣ing any opposition.

6. That the Commissioner of the Shire cause conveen before him the ruling Elder of every Church chosen be∣fore the day of the election, and enjoin them upon their Oath, that they give vote to none but to those who are named already at the meeting at Edenburgh.

7. That where there is a Nobleman within the bounds of the Presbytery, he be chosen: And where there is none, there be chosen a Baron, or one of the best quality, and he only a Covenanter.

8. That the ablest man in every Presbytery be pro∣vided to dispute de potestate supremi Magistratus in Ecclesiasticis, praesertim in convocandis Con∣ciliis, de Senioribus, de Episcopatu, de Juramen∣to, de Liturgia, & corruptelis ejusdem.

NOw both these were so closely carried, that the rest of the Covenanting Ministers never suspected there had been any other instructions, save the two publick and avowed Papers before related; nor would they ever have suspected any such close and double dealing, but that when they came to their elections, they found for the most part the ablest and most experienced Ministers passed by, and only the rigidest & hottest men cho∣sen; which made them (inquiring after the reason of it) come to hear of these private Instructions, at which they stormed exceedingly, but could not then help any thing. And now whether these two Papers do not contain prelimitations of the As∣sembly, a thing against which they most fearfully cried out, We leave it to the judgment of the Reader.

The Moderator and some Noblemen Lay-El∣ders, went about to clear themselves from the no∣tice of these two Papers of the secret instructions, but could not do it: the Lord Commissioner when he delivered them to the Clerk to be read, told him, That surely they were Papers which he had seen before, and with which he was well acquaint∣ed: The former of these, to a Lay-Elder of every Presbytery, in which is that seditious Article, being the sixth in number (intimating their fear of the loss of their Civil Liberty as well as Christian) he acknowledged he had seen; but denied that he had seen the other. One of the principal Cove∣nanting Lords assirmed, That these Instructions were not sent from the Tables, but that they might be some private advices from one friend to ano∣ther; for proof whereof, he offered to produce the two Papers of publick Instructions which had been sent from their Tables, and which are set down before by Us in this Narration. To this the Lord Commissioner answered, That the sending of these publick instructions, of which all the Kingdom had notice, was a weak argument to prove that they sent no other private ones; That he acknowledged these private instructions were not sent from their publick Tables, but he offered to prove that they were sent to the several Presby∣teries by the direction of some of the principal Rulers of the Tables, who laboured by all means to conceal them from the rest of their Party, who they were sure would take offence at them: That they were sent from one friend to another by way of private advice, he declared to be impossible for these two reasons; First, because it could not be imagined that several men, writing to their pri∣vate friends, should light upon the same words, and yet that the Copies of these instructions sent unto him his Majesties Commissioner from many parts of the Kingdom, very far distant one from another, were the very same: Secondly, because he and every man did find that all the elections now returned, were made throughout the whole King∣dom according to these private instructions, and in pursuance of them: And, that these private in∣structions were undoubtedly sent, besides the two Reasons last mentioned, it doth evidently ap∣pear:

First, Because it is well known, that they who had never yet let any thing slip which they thought was advantagious to them, would not have let this pass unquestioned, but would have required the Lord Commissioner to prove the truth of these secret instructions, which brought so great a scandal upon their proceedings if they were not forged; and so great a scandal upon him if they were: and therefore their not urging of him to make proof of them, doth clearly evince their guiltiness.

Secondly, The Lord Commissioner, though he was loth to nominate unto them those several Co∣venanters from whom he received Copies of these secret instructions, unless he were put to it; yet he hath upon his Honour protested unto his Ma∣jesty, that he received them only by the means of Covenanters, who found themselves aggrieved by these sinister dealings, and that he would justifie the receipt of these Papers from them whensoever he shall be put to it, as he would have done in the Assembly if he had been urged thereunto; which he expected they would have done, but did not, because they knew there were divers Members of the Assembly there present, who were well ac∣quainted with the truth of what he had delivered concerning these secret instructions.

Thirdly, Because in their protestation made against his Majesties last Proclamation, they have confessed some of them, which were not in either of their publick instructions, and which never came to the Lord Commissioners notice, but by these private Papers.

After this, first divers of the Lords, and then some of the Ministers, intreated the Lord Commissioner to stay, adding many words both to that purpose, and for justifying their proceed∣ings. To the Lords the Lord Commissioner answered, That for many Months, only their Tables had been obeyed, but that his Majesties and the Council-Table had received no obedience at all; he was therefore now to try their obe∣dience in this point, whether they would dis∣solve themselves at his Special Commandment. To the Ministers he replied, That one of the chief reasons which had moved the King to dissolve this Assembly, was, to vindi∣cate them from the Tyranny of Lay-Elders, who as they had gone about to suppress the Bi∣shops,

so now to oppress them; and, if his Maje∣sty did not protect them, would undoubtedly prove, not only ruling but over-ruling Elders: And withal added, That if they would now de∣part he would be a suitor to his Majesty for the in∣diction of a new free General Assembly, in which they might mend all the faults committed by them in their proceedings at this.

Here the Earl of Argyle, one of his Majesties Council and Assessors to Our Commissioner, de∣sired to speak: his voice was low, his speech he di∣rected to the Covenanters; the sum of it was, That he was surprised, and did not expect this sud∣den rupture, but that he was willing to say some∣thing, which was, That he held it fit the Assembly should consist of Lay-men as well as Church-men; because these two made up one complete body, ex∣horted them to stand by the Confession of Faith, as it was sworn in 1581. After he had done, the Lord Commissioner desired the Moderator to say Prayer, and so to dimiss the Assembly; which he was about to do, but was hindered by the Lords, who fell again with new perswasions to urge the Lord Commissioners stay with them: which he answered with so much expression of grief for their misdemeanors, which had necessarily inforced this rupture, that very many of the Assembly seemed to be much moved with it. When nothing could perswade his stay, at last some of the Lords told him, that fearing this rupture they had a prote∣station ready against what he had said and done, which they desired him to hear read; which so soon as the Clerk begun to read, the Lord Com∣missioner repeated his former protestation, adding, in express words, that in his Majesties name he dissolved the Court under the highest pains: and so came out with the Lords of the Council, leaving the Clerk reading their protestation. When he came to the Church-door, he found it shut, so that some of his company were glad to force it open.

No sooner was he gone, but the Lord Areskyn, eldest son to the Earl of Marr, stood up and made this wise speech, not without tears: My Lords, and the rest, my heart hath been long with you, I will dally no more with God, I beg to be admitted into your blessed Covenant, and pray you all to pray to God for me, that he would for∣give me for dallying with him so long. Three others of meaner quality desired the same, and so all those four were presently admitted into their Covenant. These men, at least the Lord Areskyn, were resolved to enter into their Covenant long ago, but were re∣served on purpose for doing of it at that hour, for the greater glory of their Covenant: For no sooner had they sworn, and the Moderator received them by the hand, but presently he desired the whole audience to admire God's approbation and fealing of their proceedings, that even at that instant, when they might have feared some shrinking and back-sliding because of the present rupture, He had moved the hearts of these men to beg admit∣tance into their blessed Society.

Immediately after, divers stood up and spake, but all much about one, and to this sense: They had seen how careful and punctual the Lord Com∣missioner was, like a good servant; faithfully to serve his Master, and to observe his instructions (speaking withal much to his singular commenda∣tion;) how much more then ought they to be care∣ful to be found faithful in following his instructi∣ons, who was Master, as to all themselves, so even to him who was Our Commissioners Master? These Speeches being ended, two things were immediately put to the question: First, whether notwithstanding the Lord Commissioners depar∣ture and protestation they would adhere to their own protestation, and continue the Assembly. They all voiced affirmatively, except the Lord Carnaegie Commissioner from the Presbytery of Brichen, Sir John Carnaegie Commissioner from the Presbytery of Arbroath, two Ministers Com∣missioners from the Presbytery of Strabogie, the Lay-Elder and Ministers Commissioners from the Presbytery of Peebles, Dr. Strang Principal of the Colledge of Glasgow, Dr. Ba••••••ne Commis∣oner from the University of St. Andrew's, with some others, who refused to sit with them any longer. The second was, whether the Assembly, though discharged by the Lord Commissioner, was competent Judge to the Bishops, and whether they would go on in their trial, notwithstanding the reasons contained in their Declinator: and this passed affirmatively without one contrary voice; and so for that night the Assembly was dis∣missed.

The Lord Commissioner after he had left the Assembly, that very night, though late, assem∣bled the Council; none were absent except the Earl of Argyle, who made some excuse and pre∣tence for his not coming, and the Lord Almond, who was then sick. Two things the Council re∣solved on; First, to write unto his Majesty a Let∣ter of thanks for those gracious proffers, which his Majesty by his Commissioner had made at the Assembly. Next, to draw up a Proclamation for the dissolving of the Assembly. Their Letter here followeth:

Most Sacred Sovereign,

IN obedience to your Majesties Royal Commands, we have attended your Majesties Commissioner here at Glasgow since the seventeenth of this instant, and according to our bound duty in so exigent occasion, have not been wanting with our humble and best ad∣vices: And although we do remit the particular relati∣on of what is past to his Graces self as best known to him; yet we cannot for truths sake be so silent, as not acknowledge to your Majesty, that never servant did with more industry, care, judgment and patience go about the discharge of so great a trust: And albeit the success hath not answered his desires, neither yet his extraordinary pains, and (as we may confidently affirm) most dexterous and advised courses taken to compass the just command of so gracious a King; yet his deserving herein merits to be remembred to posteri∣ty. And since your Majesty hath been pleased to re∣new to us your former act of Grace expressed in your Proclamation and Declaration anent the maintenance of the true Religion, and us in the defence and pro∣fession thereof; we do all in humility and hearty ac∣knowledgment of so great goodness, return to your Ma∣jesty the offer of our Lives and Fortunes in defence of your Sacred person, and maintenance of your Royal Authority: and shall in all our actions approve our selves your Majesties most loyal Subjects and hum∣ble servants.

Sic Subscribitur

• Traquair,
• Roxburgh,
• Marr,
• Murray,
• Lithgow,
• Perth,
• Wigton,
• Kingorne,
• Tullibardin,
• Had∣dington,
• Galloway,
• Annandail,
• Lauderdail,
• ...

• Kinnoul,
• Dumfreies,
• Southesk,
• Ang••s,
• Elphinstoun,
• Naper,
• Dalyell,
• Hay,
• W. El∣phinstoun,
• Ja. Carmichael,
• Hamilton,
• Black∣hall.

From Glasgow, Nov. 28. 1638.

TO this Letter the Lord of Argyle refused to set his hand. Next morning the Proclama∣tion was signed by the Lord Commissioner and Council, but the Earl of Argyle refused to sign it, as before he had done the Letter. The Proclama∣tion here followeth:

CHARLES by the Grace of God, King of Scotland, England, France, and Ireland, Defender of the Faith.

To Our Lovits Heraulds, Pursevants, Our Sheriffs in that part con∣junctly and severally specially constitute, greeting.

Forsameikle as out of the Royal and Fatherly care which We have had of the good and peace of this Our ancient and native Kingdom, having taken to Our serious consideration all such things as might have given con∣tentment to Our good and loyal Subjects: And to this end had discharged by Our Proclamation the Service-Book, Book of Canons, and High Commission, freed and liberate all men from the practising of the five Ar∣ticles, made all Our subjects both Ecclesiastical and Civil liable to the censure of Parliament, General As∣sembly, or any other Judicatory competent, according to the nature and quality of the offence: and for the free entry of Ministers, that no other Oath be Admi∣nistrate unto them than that which is contained in the Act of Parliament: had declared all by-gone disorders absolutely forgotten and forgiven: and for the more full and clear extirpating all ground and occasion of fears of innovation of Religion, We had commanded the Confession of Faith, and band for maintenance there∣of, and of authority in defence of the same, subscribed by our dear Father, and his Houshold, in anno 1580. to be renewed and subscribed again by our Subjects here: Like as for settling of a perfect peace in the Church and Common-wealth of this Kingdom, We caused indict a free general Assembly to be holden at Glasgow the 21 of this instant, and thereafter a Parliament in May, 16••0. By which element dealing, We looked assuredly to have reduced Our Subjects to their former quiet beha∣viour and dutiful carriage, whereto they are bound by the Word of God, and Laws both national and municipal, to us their native and Soveraign Prince. And albeit the wished effects did not follow, but by the contrary, by Our so gracious procedure they were rather emboldened, not only to continue in their stubborn and unlawful wa••es, but also daily add to their former procedures acts of neglect and contempt of authority, as evidently appeared by open opposing of Our just and religious pleasure and command, exprest in Our last Proclamation anent the discharge of the S••••vice-Book, Book of Canons, High Commission, &c. protesting against the same, and striving by many indirest means to withdraw the hearts of Our good people, not only from a hearty acknow∣ledgment 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 hourly guarding and watching about Our Castle of Edenburgh, suffering nothing to be imported therein, but at their discretion; and openly stopping and impeding any importation of Ammunition, or o∣ther necessaries whatsoever to any other of Our houses within that Kingdom: Denying to Ʋs their Sove∣reign Lord that liberty and freedom, which the mean∣est of them assume to themselves, (an act without pre∣cedent or example in the Christian World,) By making of Convocations and Councel-Tables of Nobility, ••en∣try, Burrows, and Ministers within the City of Eden∣burgh, where, not regarding the Laws of the King∣dom, they, without warrant of Authority, conveen, assemble, and treat upon matters, as well Ecclesiastical as Civil, send their injunctions and directions through∣out the Countrey to their subordinate Tables, and o∣ther under-ministers appointed by them for that effect. And under colour and pretext of Religion exercising an unwarranted and unbounded liberty, require obedience to their illegal and unlawful procedures and directions, to the great and seen prejudice of Authority, and law∣ful Monarchical Government. And notwithstanding it was evidently manifest by the illegal and unformal course taken in the Election of their Commissioners for the Assembly, whereof some are under the censure of the Church of Ireland, and some long since banished for open and avowed teaching against Monarchy, others of them suspended, and some admitted to the Ministe∣ry contrary to the form prescribed by the Laws of this Kingdom, others of them a long time since denounced Rebels, and put to the Horn, who by all law and un∣violable custom and practick of this Kingdom, are, and ever have been incapable, either to pursue, or defend be∣fore any Judicatory, far less to be Judges themselves; some of them confined, and all of them by Oath and Subscription bound to the overthrow of Episcopacy. And by this and other their under-hand working, and pri∣vate informations and perswasions, have given just ground of suspicion of their partiality herein, and so made themselves unfit Judges of what concerneth Epis∣copacy. And als it was sufficiently cleared by the per∣emptory and illegal procedures of the Presbyteries, who at their own hand by order of law, and without due form of process, thrust out the Moderators lawfully establish∣ed, and placed others, whom they found most inclinable to their turbulent humours; associate to themselves for the choosing of the said Commissioners for the Assembly, a Laick Elder out of each Paroch, who being in most pla∣ces equal, if not moe in number than the Ministery, made choice both of the Ministers, who should be Com∣missioners from the Presbyteries, as also of a Ruling-Elder, being directed more therein by the warrants from the foresaid pretended Tables, than by their own judg∣ments, as appears by the several private instructions sent from them, far contrary to the Laws of the Coun∣trey, and lowable custom of the Church: by which do∣ings it is too manifest, that no calm or peaceable proce∣dure or course could have been expected from this As∣sembly, for settling of the present disorders and distra∣ctions: Yet we were pleased herein in some sort to blind∣fold Our own judgment, and over-look the said disorders, and patiently to attend the meeting of the said Assem∣bly, 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 own seeing the real performance of all that was promised by Our last Proclamation, they should have been induced to return to their due Obedience of Subjects: But percei∣ving that their seditious disposition still increases, by their repairing to the said Assembly with great bands and troops of men, all boddin in fear of War, with Guns and Pistolets, contrary to the Laws of this Kingdom, cu∣stom observed in all Assemblies, and in high contempt of Our last Proclamation at Edenburgh the 16. of this in∣stant: As also by their peremptory refusing of Our As∣sessors, authorized by Ʋs (although fewer in number than 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 partial, unjust, and unchristian refusing, and not suffering to be read the Reasons and Arguments gi∣ven in by the Bishops and their Adherents, to Our Commissioner, why the Assembly ought not to proceed to

the Election of a Moderator without them, neither yet to the admitting of any of the Commissioners of the said Commissioners from Presbyteries, before they were he••••d objest against the same, though earnestly required by our Commissioner in our name. And notwithstand∣ing 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 Declarati∣on, the same bearing likewise our pleasure of the Regi∣stration of the same in the Books of Assembly for the full assurance of the true Religion to all our good Sub∣jects, And yet not resting satisfied therewith, lest the continuance of their meeting together might produce other the like dangerous acts, derogatory to Royal Au∣thority, we have thought good, for preveening there∣of, and for the whole causes and reasons above-men∣tioned, and divers others importing the true Monar∣chical Government of this Estate, to dissolve and breakup the said Assembly. And therefore

OƲR will is, and we do discharge and inhibit all and whatsoever pretended Commissioners, and other Members of the said pretended Assembly, of all further meeting and conveening, treating and con∣cluding any thing belonging to the said Assembly, under the pain of Treason, declaring all and whatso∣ever that they shall happen to do in any pretended meet∣ing thereafter, to be null, of no strength, force nor effect, with all ••hat may follow thereupon: Prohibit∣ing 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 pre∣tended Commissioners, and other Members of the said Assembly, to depart forth of this City of Glasgow within the space of twenty four hours after the publica∣tion hereof, and to repair home to their own Houses, or that they go about their own private Affairs in a quiet manner. With special provision alwaies, that the foresaid Declaration, given in under our Commissio∣ners hand, with all therein con••ained, shall notwith∣standing 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 Let∣ters seen, ye pass, and make publication hereof by open Proclamation at the Market Cross of Glasgow, and other places needful, wherethrough none pretend igno∣rance of the same.

Given under our Signet at Glas∣gow the 29 of November, and of our Reign the fourteenth year. 16••8.

Sic Subscribitur HAMILTON,
Traquaire, Roxburgh, Murray, Linlithgow, Perth, Kingorne, Tullibardin, Hadington, Galloway, Annandail, Lauderdail, Kin∣noull, Dumfreis, Southesk, Belheaven, An∣gus, Dalyell, J. Hay, W. Elphinstoun, Ja. Carmichael, J. Hamilton.

THis Proclamation being very solemnly made with sound of Trumpets, and by Heralds, with Coats of Our Arms on their Backs, at the Market Cross of Glasgow, was received with a Protestation read in the same place by Johnston the then Clerk of the Assembly, assisted by the Lord Aresbyn, and divers others; young Noble-men, and Gentlemen. The Paper which Johnston read, was not, as it seemeth, that very Protestation which they Printed; for he read something out of a Paper to that purpose, and offered it by the name of a Protestation to him who read his Majesties Proclamation, which Paper the Clerk of the Council offering to receive, Johnston refused to deliver it, saying, He must stay until it were writ∣ten. By which it is evident, that they who at Glasgow protested against the King's Proclamati∣on, did protest and desired their Protestation to be received, before it was Penued, as it is now Printed, and before they could so much as send to them in whose name it was made, to know whe∣ther they would adhere to it or not. But a Prote∣station against it they afterwards Printed, which here now we do subjoin, that the Reader may see how groundless and unwarrantable it is.

The Protestation of the General Assem∣bly of the Church of Scotland, &c. Made in the high Kirk, and at the Market Cross of Glasgow, Nov. 28, and 29. An. 1638.

WE Commissioners from Presbyteries, Burghs, and Ʋniversities, now conveened in a full and free Assembly of the Church of Scotland, indictedby his Ma∣jesty, 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 known that where We his Majesties loyal Subjects of all degrees, consider∣ing and taking to heart the many and great innovations and corruptions lately by the Prelates and their adhe∣rents intruded into the Doctrine, Worship, and Disci∣pline of this Church, which had been before in great pu∣rity to our unspeakable comfort established amongst us, were moved to present many earnest desires and humble supplications to his sacred Majesty▪ for granting a free ge∣neral Assembly, as the only legal and ready mean to try these innovations, to purge out the corruptions, and settle the order of the Church, for the good of Religion, the Ho∣nour of the King, and the comfort and peace of the Kirk and Kingdom: It pleased his gracious Majesty, out of his Royal bounty, to direct unto this Kingdom, the Noble and Potent Lord, James Marquess of Hamilton, with Commission to hear and redress the just grievances of the good Subjests, who by many Petitions, and frequent conferences, being fully informed of the absolute necessity of a free general Assembly, as the only Judicatory which had power to remedy those evils, was pleased to undergo the pains of a voyage to England, for presenting the pitiful condition of our Church to his sacred Majesty; And the said Commissioner his Grace returned again in August last, with power to indict an Assembly, but with the condition of such Prelimitations, as did both destroy the freedom of an Assembly, and could no waies cure the present diseases of this Church; which was made so clearly apparent to his Grace, that for satisfying the rea∣sonable desires of the Subjects, groaning under the wea∣riness and prejudices of longsome attendance, He was again pleased to undertake another journey to his Maje∣sty, and promised to endeavour to obtain a free General Assembly, without any Prelimitation, either of the consti∣on 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 cog∣nosced, judged, and determined by the Assembly, as the only Judge competent: And accordingly by warrant from our Sacred Soveraign, returned to this Kingdom, and in September last, caused indict a free General Assembly to be holden at Glasgow, Novemb. 21. to the unspea∣kable joy of all good Subjects and Christian hearts,

who thereby did expect the perfect satisfaction of their long expectations; and the final remedy of their pressing grievances: But these hopes were soon blast∣ed: for albeit the Assembly did meet and begin at the appointed day, and hath hitherto continued, still assisted with His Graces personal presence, yet His Grace hath never allowed any freedom to the Assembly, com∣petent to it by the Word of God, acts and practice of this Church, and his Majesties Indiction, but hath laboured to restrain the same, by protesting against all the acts made therein, and against the constitution thereof by such members, as by all Law, Reason, and Custom of this Church were ever admitted in our free Assemblies, and by denying his approbation to the things proponed and concluded, though most clear, customa∣ble, and uncontraverted.

And now since his Grace after the presenting and reading of his own Commission from our sacred Sove∣raign, and after his seeing all our Commissions from Pres∣byteries and Burghs produced and examined, and the Assembly constitute of all the Members by unanimous consent, doth now to our greater grief, without any just cause or occasion offered by us, unexpectedly depart and discharge any further meeting, or proceeding in this Assembly, under the pain of Treason; and after seven daies sitting, declare all Acts made, or hereafter to be made in this Assembly, to be of no force nor strength; and that for such causes as are either expressed in his Majesties former Proclamations, (and so are answered in our former protestations) or set down in the Declinator, and protestation presented in name of the Prelats (which are fully cleared in our answer made thereto) or else were long since proponed by the Commissioner his Grace in his eleven articles or demands sent unto us, before the indicti∣on of the Assembly (and so were satisfied by our answers, which his Grace acknowledged, by promising after the recept thereof to procure a free general Assembly, with power to determine upon all questions, anent the Mem∣bers, manner, and matters thereof) all which for avoid∣ing tediousness we here repeat not: Or otherwise the said causes alledged by the Commissioner, were proponed by His Grace, in the Assembly; such as first, that the As∣sembly refused to read the Declinator and Protestation exhibited by the Prelates, which nevertheless was publick∣ly read and considered by the Assembly, immediately af∣ter the election of a Moderator and constitution of the Members, before the which, there was no Assembly esta∣blished, to whom the same could have been read: Next, that ruling Elders were permitted to have voice in the election of Commissioners from Presbyteries, which was known to his Grace, before the indiction and meeting of the Assembly, and is so agreeable to the acts and practice of this Church, inviolably observed before the late times of corruption, that not one of the Assembly doubted thereof, to whom by the indiction and promise of a free Assembly, the determination of that question, anent the members constituent property, belonged.

And last, that the voices of the six Assessors, who did sit with His Grace, were not asked and numbered, which we could not conceive to be any just cause of of∣fence, since after 39 National Assemblies of this re∣formed Church, where neither the King's Majesty, nor any in his name was present, at the humble and earnest desire of the Assembly, His Majesty graciously vouch∣safed His presence either in His own Royal Person, or by a Commissioner, not for voting or multiplying of voices, but as Princes and Emperors of old, in a Princely man∣ner to countenance that meeting, and to preside in it for external order; and if We had been honoured with His Majesties Personal presence, His Majesty (ac∣cording to the practice of King James of blessed memo∣ry) would have only given his own Judgment in voting of matters, and would not have called others who had not been Cloathed with Commission from the Church to carry things by plurality of voices.

Therefore in Conscience of our duty to God and his Truth, the King and his Honour, the Church and her Liberties, this Kingdom and her peace, this Assembly and her freedom, to our selves and our safe∣ty, to our Posterity, Persons and Estates, We pro∣fess with sorrowful and heavy, but loyal hearts, That We cannot dissolve this Assembly, for the reasons fol∣lowing.

1. For the reasons already Printed anent the ne∣cessity of conveening a General Assembly, which are now more strong in this case, seeing the Assembly was already indicted by his Majesties Authority, did con∣veen, and is fully constitute in all the Members there∣of, according to the Word of God, and Discipline of this Church, in the presence and audience of his Ma∣jesties Commissioner, who hath really acknowledged the same, by assisting therein seven daies, and exhi∣bition of His Majesties Royal Declaration, to be re∣gistrate in the Books of this Assembly, which accord∣ingly is done.

2. For the reasons contained in the former Prote∣stations made in name of the Noble-men, Barons, Burgesses, Ministers, and Commons, whereunto We do now judicially adhere, as also unto the Confession of Faith and Covenant, subscribed and sworn by the Body of this Kingdom.

3. Because as We are obliged by the Application and Explication subjoined necessarily to the Confession of Faith subscribed by Ʋs; So the King's Majesty, and his Commissioner, and Privy Council, have urged many of this Kingdom to subscribe the Confession of Faith made in Anno 1580. and 1590. and so to return to the Doctrine and Discipline of this Church, as it was then professed: But it is clear by the Doctrine and Discipline of this Church, contained in the Book of Policy then registrate in the Books of Assembly, and subscribed by the Presbyteries of this Church; That it was most unlawful in it self, and prejudicial to these Priviledges which Christ in his Word hath left to his Church, to dissolve or break up the Assembly of this Church, or to stop and stay their proceedings in con∣stitution of Acts for the welfare of the Church, or execution of Discipline against offenders; and so to make it appear, that Religion and Church-Govern∣ment should depend absolutely upon the pleasure of the Prince.

4. Because there is no ground of pretence either by Act of Assembly, or Parliament, or any preceding practice, whereby the King's Majesty may lawfully dissolve the General Assembly of the Church of Scot∣land, far less his Majesties Commissioner, who by his Commission hath power to indict and keep it, secun∣dum legem & praxim: But upon the contrary, His Majesties Prerogative Royal, is declared by Act of Parliament, to be no waies prejudicial to the Privi∣ledges and Liberties, which God hath granted to the spiritual Office-bearers, and meetings of this Church; which are most frequently ratified in Parliaments, and especially in the last Parliament holden by his Ma∣jesty himself: which Priviledges and Liberties of the Church, his Majesty will never diminish or infringe, being bound to maintain the same in integrity by so∣lemn Oath given at his Royal Coronation in this King∣dom.

5. The Assemblies of this Church have still en∣joyed this freedom of uninterrupted sitting, without or notwithstanding any contramand, as is evident by all the Records thereof; and in special by the gene∣ral Assembly holden in Anno 1582. which being charged with Letters of Horning by the King's Ma∣jesty his Commissioner and Councel, to stay their pro∣cess against Mr. Robert Montgomery, pretended Bishop of Glasgow, or otherwise to dissolve and rise,

did notwithstanding shew their liberty and freedom, by continuing and sitting still, and without any stay, going on in that process against the said Master Ro∣bert, to the final end thereof: And thereafter by Letter to his Majesty, did shew clearly, how far his Majesty had been uninformed, and, upon misinforma∣tion, prejudged the Prerogative of Jesus Christ, and the Liberties of this Church, and did enact and ordain, That none should procure any such Warrant or Charge under the pain of Excommunication.

6. Because now to dissolve, after so many Suppli∣cations and Complaints, after so many reiterated Pro∣mises, after our long attendance and expectation, af∣ter so many references of processes from Presbyteries, after the publick indiction of the Assembly, and the so∣lemn Fast appointed for the same, after frequent Con∣vention, formal Constitution of the Assembly in all the Members thereof, and seven days sitting, were by this act to offend God, contemn the Subjects Petitions, deceive many of their conceived hopes of redress of the Calamities of the Church and Kingdom, multiply the Combustions of this Church, and make every man de∣spair hereafter ever to see Religion established, Inno∣vations removed, the Subjects Complaint respected, or the Offenders punished with consent of Authority, and so by casting the Church loose and desolate, would aban∣don both to ruin.

7. It is most necessary to continue this Assembly for preveening the prejudices which may ensue upon the pretence of two Covenants, whereas indeed there is but one, That first subscribed in 1580. and 1590. be∣ing a National Covenant and Oath to God; which is lately renewed by Ʋs, with that necessary explanation, which the corruptions introduced since that time con∣trary to the same, inforced: Which is also acknow∣ledged by the Act of Council in September last, decla∣ring the same to be subscribed, as it was meaned the time of the first subscription: And therefore for remo∣ving that shame, and all prejudices which may follow upon the show of two different Covenants and Confessi∣ons of Faith in one Nation, The Assembly cannot dis∣solve, before it try, find and determine, that both these Covenants, are but one and the self same Cove∣nant: The latter renewed by us, agreeing to the true genuine sense and meaning of the first, as it was sub∣scribed in Anno 1580.

For these and many other Reasons, We the Mem∣bers of this Assembly, in our own name, and in the name of the Kirk of Scotland, whom We represent; and We Noblemen, Barons, Gentlemen, Ministers, Burgesses, and Commons before mentioned, do solemnly declare in the presence of the everliving God, and before all men; And protest,

1. That our thoughts are not guilty of any thing which is not incumbent to us, as good Christians to∣wards God, and loyal Subjects towards our Sacred So∣vereign.

2. That all the Protestations general or particu∣lar, proponed or to be proponed by the Commissioner his Grace, or the Prelats and their Adherents, may be presently discussed before this General Assembly, being the highest Ecclesiastical Judicatory of this King∣dom: And that his Grace depart not till the same be * 3.1 done.

3. That the Lord Commissioner depart not, till this Assembly do fully settle the solid peace of this Church, cognoscing and examining the corruptions introduced upon the Doctrine and Discipline thereof: And for attaining hereof, and removing all just exceptions which may be taken at our proceedings, we attest GOD the searcher of all hearts, that our intentions, and * 3.2 whole proceedings in this present Assembly, have been, are, and shall be according to the Word of GOD, the Laws and Constitutions of this Church, the Confession of Faith; our National Oath, and that measure of light, which GOD the Father of Light shall grant us, and that in the sincerity of our hearts, without any pre-occupation or passion.

4. That if the Commissioner his Grace depart, and leave this Church and Kingdom in this present disor∣der, and discharge this Assembly, that it is both law∣ful and necessary for Ʋs to sit still and continue in keep∣ing this present Assembly, indicted by his Majesty, till we have tried, judged, censured all the by-gone evils and the introductors, and provided a solid course for continuing God's truth in this Land with purity and liberty, according to his Word, our Oath and Confes∣sion of Faith, and the lawful Constitutions of this Church; and that with the grace of God, We and e∣very one of Ʋs adhering hereunto, shall sit still and continue in this Assembly, till after the final settling and conclusion of all matters, it be dissolved by common consent of all the M••mbers thereof.

5. That this Assembly is and should be esteemed and obeyed, as a most lawful, full and free General As∣sembly of this Kingdom: And that all Acts, Senten∣ces, Constitutions, Censures and Proceedings of this Assembly, are in the self, and should be reputed, o∣beyed, and observed by all the Subjects of this King∣dom, and Members of this Church, as the Actions, Sentences, Constitutions, Censures, and Proceedings of a full and free General Assembly of the Church of Scotland, and to have all ready execution, under the Ecclesiastical pains contained, or to be contained there∣in, and conform thereto in all points.

6. That whatsoever inconvenience fall out, by im∣peding, molesting, or staying the free meeting, sitting, reasoning, or concluding of this present Assembly, in matters belonging to their Judicatory, by the Word of God, Laws and Practice of this Church, and the Con∣fession of Faith, or in the observing and obeying the Acts, Ordinances, and Conclusions thereof, or exe∣cution to follow thereupon, That the same be not im∣puted unto us, or any of us, who most ardently desired the concurrence of his Majesties Commissioner to this lawful Assembly; But upon the contrary, that the Pre∣lats and their Adherents, who have protested and de∣clined this present Assembly, in conscience of their own guiltiness, not daring to abide any legal Trial, and by their mis-information have moved the Commis∣sioner his Grace to depart and discharge this Assembly, be esteemed, repute, and holden the disturbers of the Peace, and overthrowers of the Liberties of the Church, and guilty of all the Evils which shall follow hereupon, and condignly censured according to the greatness of their fault, and Acts of the Church and Realm: And to this end, we again and again do by these Presents cite and summon them, and every one of them; to compeer before this present General Assembly, to answer to the Premises, and to give in their Rea∣sons, Defences, and Answers against the Complaints given in, or to be given in against them, and to hear probation led, and sentence pronounced against them, and conform to our former citations, and according to Justice, with certification as effeirs; Like as by these Presents we summon and cite all those of his Majesties Council, or any other, who have procured, consented, subscribed, or ratified this present Proclamation to be responsable to his Majesty and three Estates of Parlia∣ment, for their counsel given in this matter, so high∣ly importing his Majesty, and the whole Realm, conform to the twelfth Act of King James 4. Parliament 2. And protest for remedy of Law against them, and every one of them.

7. And lastly we protest, That as we adhere to the former Protestations all and every one of them, made in the name of the Noblemen, Barons, Gentle∣men, Ministers, Burghes, and Commons; So seeing we qre surprised by the Commissioner his Graces sudden departing, far contrary to his Majesties indiction, and our expectation, we may extend this our Protesta∣tion, and add more Reasons thereunto in greater length and number, whereby we may fully clear before God and man the equity of our intentions, and law∣lulness of our proceedings: And upon the whole pre∣mises the foresaid persons for themselves and in name aforesaid, asked Instruments. This was done in the high Church of Glasgow in publick audience of the Assembly, begun in presence of the Commissioner his Grace, who removed and refused to hear the same to the end, the Twenty eighth day of November: and upon the Mercate Cross of Glasgow, the Twenty ninth day of the said Month, the Year of God 1638. re∣spectivè

THe Reader shall not need to look after much reason in this Protestation; for if he do, he will be sure to lose his labour. Much is repeated in it, of that which hath been delivered in their former Petitions and Protestations; all which shall now be passed by, what is new in it, the Reader shall do well to cast his eye upon that, taking along with him this advertisement, That there is little or indeed nothing in it new, which is true. Towards the beginning you find the Pro∣testation made, not only in the name of the Ge∣neral Assembly, but in the name of the Noble∣men, Barons, Gentlemen, Ministers, Burgesses, and Commons, Subscribers of the Confession of Faith. Now how this Protestation could be made at Glasgow in their names, who at that time neither were ac∣quainted, nor possibly could be acquainted, with what passed at Glasgow, being in the several parts of the Kingdom so far distant from it, and many parts having no Commissioners there, except those that were in the Assembly, we leave it to the Readers consideration. They affirm not ma∣ny lines after, That it was made clear to the Lord Commissioner, that the Assembly which he meant to in∣dict in August, was clogged with such prelimitations, that he undertook another Journey to his Majesty, and promised to endeavour to obtain a free General Assembly without any prelimitation, &c. All which is so far from truth, as nothing can be more; for he did never desire the Assembly to be prelimited; for they themselves by their instructions both publick and private did prelimitate it, he did on∣ly desire, that (according to the usual custom be∣fore Assemblies) some previous meeting and con∣sultation might be held concerning the forms of the Assembly; which might very well have been forgot, there having been no Assembly held for many years before. Again, in the last words, at the end of the first Section, one would wonder how any man could have the boldness to affirm, That this their Assembly was constituted of such Members, as by all law, reason, and custom of that Church were ever admitted in their free Assemblies, since they in their own Conscience do know, that there is no Law extant for Lay-elders having voice in General Assemblies. And if there be no Law for it, we appeal to the judgment of every man indued with reason, whether there can be any reason found for it, and whether if such a Proposition were to be propounded, and to pass into a Law, he would give his voice unto it if he had power so to do, That Lay-men (especially many of them, being ignorant and mechanical persons) should sit in the highest Ecclesiastical Judicatory, and by their voices determine points of Faith, and other highest points of Doctrine, and to inflict the highest censures of the Church, even excommunication and deprivation, not only of Ministers, but of Bishops, especially when in an Assembly the number of the Lay-voices shall be equal, or very near equal, to those of the Clergy, so that it may fall out, that the voices of the Lay▪men, having the voices but of twenty or thirty Clergy-men concurring with them in opinion, may carry the determination of the highest point of Doctrineagainst the rest of the Clergy, and those perhaps the holiest, ablest, and most learned, though their number exceed a hundred. Sure if such a Proposition were to be past into a Law, few voices would be found to enact it; and therefore if there be no law for it already (as undoubtedly there is none) they might have done well not to have talked of reason for it: And that which they aver of the custom of that Church, is as untrue as what they said either of Law or Reason. For, said the King, we demand if there have been never a free Assembly in Scotland these last forty years? Sure they will confess there hath been; and yet in none of these, Lay-elders chosen by and sent from Presby∣teries, had voices in these Assemblies: Nay, since the first Reformation, hath there been any free General Assembly in that Kingdom? No question they will say there hath; and yet We challenge them to name but any one Assembly before this, in which the Mini∣sters chosen Commissioners to it from the several Presby∣teries, were chosen by the voices and suffrages of Lay-elders: So that for that point it is impossible they should alledge either Law, Reason, or Custom, or so much as any one instance; and yet the Elections of all the Ministers present at this Assembly were carried by the voices of Lay-men, and in many places in despite of the Ministers.

A little after the beginning of the second Se∣ction they do affirm that which they themselves do know not to be so; for when they say that the Lord Commissioner did unexpectedly depart and dis∣charge any further meeting or proceeding in this As∣sembly, how can that stand with the words of the Earl of Rothes, who when he Lord Commissioner was rising and departing out of the Assembly, told him, that his departure and discharging of the Assembly was a thing not unlooked for, but expected by them; and therefore they were pro∣vided for him, and had a Protestation ready writ∣ten against his discharging of the Assembly, which he desired him to hear (as is before mentioned?) But the Lord Commissioner refusing, the Clerk presently begun to read it, and his Majesties Com∣missioner and Councel at their departure left them reading it; and after his departure it was read out to the end, and presently put to voices, whether all the Members of the Assembly would adhere to it; and the very Title-page of their Protestation affirmeth, That it was first read in the high Church, and afterward at the Market-Cross of Glasgow. Besides, the Moderator made a Speech to the Lord Commissioner upon his departure, which none of the Auditors did conceive to be ex∣temporary; for when it was compared with any other Speeches of his, delivered at any other time of the Assembly, it was agreed that it was so much better penned or premeditated and delivered than any of the rest of his Speeches, that certainly it was provided against the Lord Commissioners de∣parture; and yet these men protest, that the Com∣missioners departure and discharging of the As∣sembly

was to them altogether unexpected, when they knew that they had carried themselves, and meant to carry themselves so, that it was impos∣sible but that he should discharge the Assembly. A great mark of the sincerity of their proceed∣ings.

That which immediately after they add, That they have fully cleared in their answer to the Bishops Declinator all the Arguments contained in it a∣gainst the Assembly, as also those Propositions made by the Lord Commissioner in his 11 Articles or Demands, sent unto them before the indiction of the Assembly, and that the Lord Commissioner acknowledged so much, is all of equal untruth with the former; for nei∣ther have they satisfied the Bishops Reasons pro∣pounded in their Declinator, nor gave they any satisfaction to the Lord Commissioner his eleven Articles or Demands: And that the Commissio∣ner acknowledged that he had received satisfacti∣on to them, is so manifest an untruth, as they them∣selves do know there is no colour for it. They affirm within a few lines after, that the Kings Com∣missioner did know, before the indiction of the Assem∣bly, that ruling Elders were to have voices in the Ele∣ction of Commissioners from Presbyteries. He did know it indeed, but could not tell how to help it; and so soon as he did know it, which was immedi∣ately before the indiction of the Assembly, he did sharply expostulate it with them, and assured them, that it would induce a nullity upon the Elections made to the Assembly; That his Majesty would never allow any for Members of the Assembly who were so chosen; That he had notice of this their in∣tention by the complaints of many covenanting Mi∣nisters, who were resolved to protest against all such Elections; but that he did know of any such Elections with approbation of them, cannot be charged upon him. And whereas they say, that those Elections are agreeable to the Acts and practice of that Church, they have received already a suffici∣ent challenge to make that good, which undoub∣tedly they cannot: And where they add, that not one of the Assembly doubted thereof, it is well known that some of the Ministers of Edenburgh, and ma∣ny more Ministers of the Assembly did grieve at it, but did not know how to remedy it.

The whole third Section is so derogatory to his Majesties Royal Authority, and indeed doth so unworthily debase the authority of Monarchs, as it is not to be answered any way but by Justice: For it giveth no more power to his Majesty, if he had been present and sitting at the Assembly at Glasgow, then Thomas Patterson a Taylor of Eden∣burgh had, who sate Commissioner there.

After, they subjoyn some Reasons for their Pro∣testation: In the first, they affirm that the Assem∣bly was constituted by the Word of God; but they do not prove it, and sure never will. Then they affirm, that the Lord Commissioner acknow∣ledged the lawfulness of their Assembly, by assisting therein seven days; but they conceal that he so∣lemnly protested, and entred his particular Pro∣testation against every thing they said or did in it; and if he who protesteth against a thing, may be said to acknowledge the lawfulness of it, then it may be that they themselves do acknowledge the Justice and Equity of all his Majesties Proclama∣tions, and his power and authority in discharging of this Assembly, notwithstanding all their Pro∣testations made against these. And for the Lord Commissioner his exhibition of his Majesties Royal Declaration to be registred in the Books of this As∣sembly, let the Reader remember the Protestation before mentioned, which the King's Commissio∣ner made when he did so, and that scruple is quick∣ly removed.

Their second and third Reasons are of their own fancies: They have lately sworn so, and to that sense they have explicated their Covenant, therefore it must so: But they did wrong in both, and therefore none must follow them in either, for every Oath unlawfully taken is unlawfully kept.

Their fourth Reason hath not one true word in it; for there is Law for the King's authority to dissolve the Assembly, there being an express Act of Parliament which giveth his Majesty the sole power of indicting of an Assembly, viz. the first Act of the 21. Parliament of his Royal Father: And sure, ejusdem est destituere cujus est instituere, whosoever hath the power of indicting hath the power of dissolving. They add that there is no preceeding practice for it. We wonder they can or dare affirm it: Did not his Majesties Royal Fa∣ther discharge that Assembly at Aberdene? And when some few turbulent Ministers did not∣withstanding hold it, were they not convented before the Lords of his Councel for it? Who un∣doubtedly had punished them most severely, if by their declining of the Councels authority, and ap∣pealing to a General Assembly, they had not faln into an act of Treason, and so by the Councel were turned over to the Judges in criminal Cau∣ses; before whom, by a Jury or Assise, they were found guilty of Treason, for that act of decli∣ning his Royal Father and his Councels authority, all which we touched a little before. And that by claiming power to indictor dissolve the Assem∣blies of the Church, his Majesty does infringe the priviledge and liberties of the Church, or do a∣ny act not consistent with the Oath which he took at his Coronation in that Kingdom, as is suggested in this fourth Reason, is most falsly and most seditiously affirmed, only for drawing away of the hearts of his good Subjects from him and his Government. The Act of Parliament for his Majesties sole power of indicting Assemblies here followeth.

Notes

• ‖ 1.1

  We de∣sire the Reader to observe, that they were a∣fraid of being o∣verthrown in a free General Assembly, and there∣fore they took a course by these pr••∣vate in∣structions to preve••t all free∣dom in the Assembly, and to make sure that none should be chosen a Member of it, but such of whom they were sure.
• * 3.1

  Intolera∣ble pre∣sumption.
• * 3.2

  Most false.