[Page 1] WEE Archbishops, Bishops and other Under-subscribers for our selves and in name and behalfe of the Church of Scotland (whereas it hath pleased the Kings Majesty to indict a Generall Assembly of the Church, to be kept at Glasgow, Novemb. 21. 1638. for composing and setling of the distractions of the same.) First doe acknowledge and professe, that a Generall Assembly lawfully called and orderly convee­ned is a most necessary and effectuall meane for removing those evills wherewith the said Church is infested, and for setling that order which becometh the house of God: and that we wish nothing more then a meeting of a peaceable and orderly Assembly to that effect. Secondly we acknowledge and professe as becometh good Christians and faithfull subjects, that his Majesty hath authority by his prerogative Royall, to call Assemblies, as is acknowledged by the As­sembly at Glasgow 1610. and Parliament 1612. and that it is not lawfull to conveene without his Royall consent, and approbation, except we will put our selves in danger to be called in que­stion for sedition.

Yet neverthelesse in sundry respects, we can­not [Page 2] but esteeme this meeting at Glasgow most unlawfull and disorderly, and their proceedings voyd and null in law, for the causes and reasons following.

First, before his Majesties Royall warrant to my Lord Cōmissioner his Grace to indict a law­full I free Generall Assembly; the usurped autho­rity of the Table (as they call it) by their mis­sives and instructions, did give order and dire­ction for all Presbyteries to elect and chuse their Commissioners for the Assembly, and for see­king of Gods blessing to it, to keepe a solemne fast Sept. 16. whereas his Majesties warrant for indicting of that Assembly was not published till the 22. of that moneth: so that they preven­ting and not proceeding by warrant of Royall authority, the pretended Cōmissioners being chosen before the Presbyteries were authorized to make election, cannot be reputed members of a lawfull Assembly.

A lawfull Assembly must not only be indicted by lawfull authority (as we acknowledge this to II be) but also constituted of such members as are requisite to make up such a body. For if accor­ding to the indiction none at all doe conveene; or, where the Clergie is called, there meet none but Laicks, or moe Laicks then of the Clergie, with equall power to judge and determine; or such of the Laicks and Clergie as are not law­fully authorized, or are not capable of that em­ployment by their places; or such as are legally disabled to sit and decide in an Assembly of the [Page 3] Church: a meeting consisting of such members cannot be thought a free and lawfull Assembly: by that Act of Parl. Ja. 6. par. 3. cap. 46. 1572. Every Minister who shall pretend to be a Minister of Gods Word and Sacraments is bound to give his assent and subscription to the Articles of Religion contained in the Acts of our Soveraign Lords Parliament, and in presence of the Arch-bishop, Superintendent or Com­missioner of the Province, give his oath, for acknow­ledging and recognoscing of our Soveraigne Lord and his authority, and bring ae testimoniall in writing ther­upon, and openly upon some Sunday, in time of Sermon or publick prayers, in the Kirk where he ought to at­tend, reade both the testimoniall and Confession, and of new make the said oath, within a moneth after his admission: under the paine that every person, that shall not do as is above-appointed, shall ipso facto be deprived, and all his Ecclesiasticall promotions and li­ving shall be then vacant as if he were then naturally dead, and that all inferiour persons under Prelates be called before the Archbishops, Bishops, Superintendents and Commissioners of the dioeeses or province, within which they dwell, as the Act beares.

All of the Clergie conveened to this Assem­bly III pretend themselves to be Ministers of Gods word and Sacraments, and have benefices or o­ther Ecclesiasticall livings: yet neverthelesse the most part of them, have never in presence of the Archbishop, Bishop, Superintendent or Cōmis­sioner of the Diocese or Province subscribed the Articles of Religion contained in the Acts of Parliament; and given their oath for acknow­ledging [Page 4] and recognoscing our Soveraigne Lord and his authority, and brought a testimoniall thereof: and therefore they are ipso facto depri­ved, and their places voyd, as if they were na­turally dead, and consequently having no place nor function in the Church, cannot be Comissi­oners to this Assembly: hoc maximè attento, that the said persons not only have never given their oath for acknowledging his Majesties authority, nor can show no testimoniall thereupon, as they are bound by the said Act: but also having as subjects comprehended in the representative body of this Kingdome, Promised to acknow­ledge, obey, maintaine, defend, and advance the life, honour, safety, dignity, soveraigne authority, and pre­rogative Royall of his soveraigne Majesty his heires and Successors, and priviledges of his Highnesse Crown, with their lives, lands, and goods, to the uttermost of their power constantly and faithfully, to withstand all and whatsoever persons, powers and estates, who shall presume, prease or intend, any wise to impugne, pre­judge, hurt or impaire the same; and never to come in the contrary thereof directly or indirectly in any time coming. As the Acts of Parliament Jac. 6. Parl. 18. Cap. 1. Car. Parl. Cap. 1. doth proport.

And moreover, being obliged at their admis­sion to give their oath for performance of this duty of their alledgeance. And to testify and de­clare on their conscience, that the King is the Lawfull Supreame Governor, as well in matters spirituall and Ecclesiasticall as temporall, and to assist and defond all Jurisdiction and authority, belonging to his Majesty [Page 5] by the act of Parl. 1612. yet notwithstanding of the said bands, acts and promises, whereby the said persons are so strictly bound to the perfor­mance of the premisses, his Majesty having or­dained by act of Councell at Haly-rude-house Sept. 24. 1638. and proclamations following thereupon, that all his Majesties Liedges of whatsoever estate, degree or quality, Ecclesia­sticall or Temporall, should sweare and sub­scribe the said confession, together with a gene­rall band for defending his Majesties person and authority against all enemies within this Realme or without, have not onely refused to subscribe the said band and Confession, but have in their Sermons and other speeches, disswaded, deterred, impeded and hindered others of the liedges to subscribe the same, and publikly pro­tested against the subscription thereof: and thereupon cannot conveene nor concurre Law­fully to the making up of the body of an assemby of the Kirk, as being deprived and denuded of all place and function in the same.

A generall Assembly was condescended to, III out of his Majesties gracious clemencie and pi­ous disposition, as a Royall favour to those that so should acknowledge the same and acquiesce to his gracious pleasure, and carry themselves peaceably as loyall and dutifull subjects, which the Comissioners directed to this Assembly sup­posed to be of the number of those that adhere to the last protestation made at Edinburgh Sept. 1638. do not so account of, and accept, as ap­peares [Page 6] by the said protestation: whereby they protest, that it shall be lawfull for them, as at o­ther times, so at this, to assemble themselves not­withstanding any impediment or prorogation to the contrary: as also by continuing their mee­tings and Table, discharged by authority, refu­sing to subscribe the band according to his Ma­jesties, and Councells, command, for maintaining his Majesties Royall person and authority, pro­testing against the same, still insisting with the liedges to subscribe the band of mutuall defence against all persons whatsoever, and remitting nothing of their former proceedings, whereby his Majesties wrath was provoked: thereby they are become in the same state and condition wherein they were before his Majesties procla­mation and pardon; and so forfaite the favour of this Assembly, and liberty to be members there­of. And others of his Majesties subjects may justly feare to meet with them in this conventi­on, for that by the Act of Parl. Jam. 6. par. 15. cap. 31. Prelacies being declared to be one of the three estates of this kingdome, and by the Act of Parl. Ja. 6. par. 8. cap. 130. All persons are discharged to impugne the dignity and authority of the three estates, or any of them in time coming, under the paine of treason. And whereas the King by his proclamation declares Archbishops and Bishops to have voyce in the Generall Assembly, and calls them to the same for that effect, as constant­ly they have bin in use in all Assemblies, where they were present, as appeares by many acts of [Page 7] the Generall Assembly, ordaining them to keepe and assist at the same, as in the Assembly at Edin­burgh Decemb. 15. 1566. At Edinburgh. 6. March. 1572. At Edinburgh. May 10. 1586. and by a letter written by the Assembly March. 6. 1573. to the Regent, earnestly desiring his owne or his Commissioners presence, and the Lords of Councell, and the Bishops at the As­sembly. They notwithstanding by the said pro­testation Sept. 22. declared Archbishops and Bishops to have no warrant for their office in this Kirk, to be authorized with no lawfull Com­mission, and to have no place nor voyce in this Assembly, and withall doe arrogate to their meetings, a soveraigne authority to determine of all questions and doubts that can arise, contrary to the freedome of the Assembly, whether in constitution and members, or in the matters to be treated, or in manner and order of procee­ding: which how it doth stand with his Maje­sties Supremacie in all causes and over all per­sons, we leave it to that judgement whereunto it belongeth, and doe call God and man to witnesse, if these be fit members of an As­sembly, intended for the order and peace of the Church.

Giving, and not granting, that the persons IV. foresaid directed Commissioners in name of the Clergie to this meeting were capable of that au­thority, and that the said Presbyteries had the authority to direct Commissioners to the Generall Assembly; yet have they now lost and fallen [Page 8] from all such right, if any they had, in so farre as they have deposed the Moderators, who were lawfully appointed to governe them, by the Bi­shops in their Synods, and elected others in their place, contrary to the Act of the Assembly at Glasgow 1610. and Act of Parl. 1612. ordaining Bishops to be Moderators at these meetings, and in their absence, the Minister whom the Bishop should appoint at the Synode. So these meetings having disclaimed the authority of Bishops, de­posed their lawfull Moderators, and chusing o­thers without authority, cannot be esteemed lawfull convocations, that can have lawfull pow­er of sending out Commissioners with authority to judge of the affaires of this Church.

And yet doth the nullity of the Commissions V. flowing from such meetings further appeare in this, that they have associate to themselves a laick ruling Elder (as they call them) out of eve­ry Session and Parish, who being ordinarily the lord of the Parish, or the man of the greatest au­thority in the bounds, doth over-rule in the ele­ction of the said Cōmissioners, both by his autho­rity and their number, being moe then the Mini­sters, whereof some being ordinarily absent, and five or six or so many of them put in list and re­moved, there remaine but a few Ministers to voice to the election: and in effect the Commissio­ners for the Clergie are chosen by lay-men, con­trary to all order, decencie, and custome obser­ved in the Christian world, no wise according to the custome of this Church, which they pre­tend [Page 9] to follow: the Presbyteries formerly never associating to themselves lay-elders in the ele­ction of the Commissioners to the Generall As­sembly, but onely for their assistance in disci­pline and correction of manners, calling for them at such occasions as they stood in need of their Godly Concurrence, declaring otherwise their meeting not necessary, and providing ex­pressely that they should not be equall, but few­er in number then the Pastors, as by Act of As­sembly at Saint Andrewes April 24. 1582. (where Master Andrew Melvill was Moderator) doth appeare. Like as these fourty yeares by gone and upwards, long before the re-establi­shing of Bishops, these lay-elders have not bin called at all to Presbyteries. And by the Act at Dundie 1597. whereby it is pretended that Pres­byteries have authority to send these lay-Com­missioners, it doth no wise appeare that those lay-elders had any hand in chusing of the Ministers. And this is the onely act of the Assembly, autho­rizing Presbyteries to chuse Commissioners to the Generall Assembly: nor have lay-elders sate ordinarily in Presbyteries upon any occasi­on these fourty yeeres, and upwards: nor ever had any place nor voyce in the election of Mini­sters, for the Generall Assembly: and conse­quently these chosen by them to this Assembly have no lawfull power nor authority. VI.

Beside, the persons Ecclesiasticall pretended to be authorized Cōmissioners to this Assembly, have so behaved themselves, that justly they [Page 10] may be thought unworthy and uncapable of Com­mission to a sree and lawfull Assembly.

1. For that by their seditious and railing Ser­mons and Pamphlets, they have wounded the Kings honour and soveraigne authority, and a­nimated his liedges to rebellion, averring that all authority soveraigne is Orignally in the Colle­ctive body, derived from thence to the Prince, and that not onely in case of negligence, it is Suppletivè in the Collective body, as being cum­municate from the Commontie to the King, Cu­mulativè not Privativè: but also in case of mal­administration, to returne to the Collective body; so that Rex excidit jure suo, and that they may re­fuse obedience.

2. Next they are knowne to be such as have either beene schismatically refractary and op­posite to good order setled in the Church and State; or such as having promised, subscribed, and sworne obedience to their Ordinarie, have never made conscience of their oath; or such as have sworne and accordingly practised; yet contrary to their promise and practise, have re­siled, to the contempt of authority, and distur­bance of the Church; or such as are under the Censures of the Church of Ireland for their dis­obedience to order; or under the Censures of this Church, or conveened, at least deserving to be conveened before the Ordinaries, or a law­full Generall Assembly, for diverse transgressi­ons deserving deprivation: as first, for uttering in their Sermons, rash, and irreverent speeches in [Page 11] pulpit against his Majesties Councell and their proceedings, punishable by deprivation: by the Act of Assembly at Edinburgh, May 22. 1590. Next for reproving his Majesties Laws, Statutes and Ordinances, contrary to the Act of Assem­bly, at Perth, Maij 1. 1596. Thirdly, for ex­pressing of mens names in Pulpit, or describing them vively to their reproach, where there was no notorious fault; against another Act of the same Assembly. Fourthly, for using Applications in their Sermons, not tending to the edification of their present Auditory; contrary to another Act of the same Assembly. Fiftly, for keeping con­ventions not allowed by his Majestie, without his knowledge and consent; contrary to another Act of the same Assembly. Sixtly, for recei­ving of people of other Ministers flocks to the Communion, contrary to order, Acts of Assem­blies and Counsels. Seventhly, for intruding themselves into other mens Pulpits, without cal­ling or authority. Eightly, for usurping the au­thority to covent their Brethren, and proceed against them to the Censures of suspension and deprivation. Ninthly, for pressing the people to subscribe a Covenant, not allowed by autho­rity; and opposing and withstanding the sub­scribing of a Covenant offered by his Majestie, and allowed by the Counsell: Beside many per­sonall faults and enormities, whereof many of them are guiltie, which in charitie we forbeare to expresse. But hereby it doth appeare, how unfit these persons are to be members of a free [Page 12] and lawfull Assembly.

Nor doth it stand with Reason, Scripture, or VII. practise of the Christian Church, that Lay-men should be authorized to have decisive voyce in a Generall Assembly. In that Act of Dundie 1597. whereby these Elders pretend to have this place, there is no Warrant expressed for them, to deliberate and determine. Their pre­sence and assistance wee approve, being allowed and authorized by the Prince. The Kings Ma­jesties presence in person, or by his Delegates, wee hold most necessary, to see all things orderly and peaceably done; and that he have the chiefe hand in all Deliberations and Determinations. Nor doe wee refuse that any Intelligent or mode­rate man may make remonstrance of his opini­on, with the reasons of it, in that way that be­commeth him in a Nationall Assembly, due re­verence being kept, and confusion avoyded. But that any Lay-man, except hee bee delegate by Soveraigne Authoritie, shall presume to have a definitive and decisive voyce; we esteeme it to bee intrusion upon the Pastorall Charge, and without warrant. May wee not therefore intreat my Lord Commissioner his Grace, in the words of the Fathers of the Fourth Generall Councell at Chalcedon? Mitte for as superstuos. Nor will a pious Prince be offended with it; but with Theo­dosius the younger will say; Illegitimum est, eum qui non sit in ordine Sanctissimorum Episcoporum Ec­clesiasticis immisceri tractatibus—And Pulcheria the Empresse commanded Strategus, Vt Clerici, [Page 13] Monachi & Laici vi repellerentur, exceptis paucis illis quos Episcopi secum duxerunt. Upon this respect was Martinus in that Councell of Chalcedon moved to say; Non esse suum sed Episcoporum tan­tum subscribere. VIII.

If these pretended Commissioners, both Lay and Ecclesiasticall were lawfully authorized, (as it is evident they are not) and for none other cause declinable, yet the law doth admit, that justly a judge may be declined, who is proba­bly suspect. And of all propabilities, this is the most pregnant, when the judge, before he come to judgement, doth give sentence of these things he hath to judge. This made our Reformers protestation against the Councell of Trent va­lide, and their not compearing justifiable, be­cause Pope Leo 10. had precondemned Luther, as appeared by his Bull, dated 8. Iuni▪ 1520 re­newed by Paul 3. dated in August 1535. This was the cause why Athanasius would not give his appearance at some Councells, nor Hosius of Corduba, nor Maximus Patriarch of Constan­tinople. But so it is, the most part, if not all of the said Commissioners directed to this mee­ting, have precondemned Episcopall governe­ment, and condemned, at least suspended obedi­ence to the Acts of the Generall Assembly and Parliament concerning the five Articles of Perth, have approven their Covenant as most necessa­ry to be embraced of all in this Kingdome: and not onely have given judgement of these things before hand, but by most solemne oaths have [Page 14] bound themselves to defend and stand to the same: as doth appeare by their Covenant, Petitions, Protestations, Pamphlets, Libels and Sermons: and therefore by no law nor equity can these pre­tended Commissioners be admitted to determine in this meeting, concerning these persons and points, which before hand they have so unjustly condemned.

Further, with no law nor reason can it subsist, that the same persons shall be both Judges and IX. Parties. And we appeale the consciences of all honest men, if all, at least the greatest part of the pretended Commissioners, have not declared themselves partie to the Archbishops and Bi­shops of this Church: for in that they have de­clined the Bishops to be their Judges, as being their partie (as their Declinators, Petitions, De­clarations and Protestations do bear) have they not simul & semel, & ipso facto declared them­selves to be partie against Bishops? Whom they have not onely declined, but persecuted by their calumnies and reproaches vented by word and writt, in publike and in private, by invading their persons, opposing and oppressing them by strength of an unlawfull Combination, for the subscribing and swearing whereof, they have by their own authority indicted and kept Fasts, not onely in their own Churches, but where wor­thy men refused to be accessory to these disor­derly and impious courses, they have by aid of the unruly multitude, entred their Churches, u­surped upon their charges, reading and causing [Page 15] to be read that unlawfull Covenant, by threat­ning and menacing compelling some (otherwise unwilling) out of just fear to set their hands to it; by processing, suspending, & removing obedient and worthy Ministers from their places, by the usurped authority of their Table and Presbyte­ries. And whereas by all Law and justice, per­sons finding themselves wronged in judgement, have never beene denyed the remedy of declina­tory and appellation: neverthelesse not a few of these Presbyteries have proceeded against sun­dry worthy Ministers, who have declined and appealed from their judgements, without respect to this defence: by these meanes craftily inten­ding to disable them to be Commissioners for the Church: directly or indirectly causing their stipends to be kept backe from them. By which meanes not the least part of the subscribing Ministers have beene gained to their Cove­nant.

But it is without example uncharitable and il­legall, that under the pretext of summons (the like wherof was never used, nor in the like man­ner against the most haynous malefactors in the kingdome) they have devised, forged, vented and published a most infamous & scurrile libell, full of impudent lies and malitious calumnies, a­gainst the Arch: and Bishops of this Church: and have first given out from their Table, the order prescribed in these subsequent Articles, which we have insert, that the world may be [Page 16] witnesse of the illegality and malitiousnesse of their proceedings.

I.TO desire the Presbyterie of every Bishop, especi­ally where he keeps his residence, as also the Presbyterie where his Cathedrall seat is, to have a speciall care of this Bill and complaint against the Prelates, and particularly against the Bishop of their Diocese.

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

III.That they who are Complainers have a particular care to fill up the Blanks left in the Bill, in the sub­sumptions of the particular faults committed by the Bishop of the Diocese, against these generall Rules, Canons and Acts: or if these Blanks will not con­tain the same, that the Complainers draw up in a particular claime, all the particular faults and transgressions of the Bishop of that Diocese against these Rules, Canons and Acts, or any other Law of the Church or Kingdome, and present the same to the Presbyterie with this generall Complaint. And [Page 17] if they cannot get the particulars presently ready, notwithstanding, they present without any delay, because of the scarcenesse of the time, this Complaint as it stands with the Blanks: and in the mean time, may gather any other particulars against the Assem­bly, to which this Complaint is to be referred.

IIII.That the Presbyterie finding the Complaint im­portant, and the Generall Assembly so approaching, referre the same to the Generall Assembly, by an Act of this reference insert in the Books of the Presbyterie.

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

VI.That the Presbyterie ordain all their Pastors, out of Pulpit on a Sabbath-day before Noone, to cause reade publickly this whole Complaint and the Pres­byteries reference to the Assembly, and so to admo­nish the Bishop of that Diocese, the delinquent com­plained upon, with the rest of his Collegues to be pre­sent at the Generall Assembly to answer to the par­ticular Complaint, both in the particular and gene­rall heads thereof, given or to be given in; and to abide the censure and triall of the Assembly there­upon. And likewise, out of Pulpit to admonish all others who have interest either in the pursuing or referring this Complaint, to be present at the said Assembly.

[Page 18] That the Presbyterie insert in their Presbyterie-Books the whole tenour of this Complaint both in the generall and particular heads thereof; and that they have a care to cause deliver by their Ordinarie Bea­dell, to the Bishop of the Diooese, a Copie thereof, and a Copie of an Act, referring the same to the As­sembly, and summon him to compeare before the As­sembly. And if he be within the Country, and cannot be personally apprehended, to affix a full Copie therof upon each dwelling place, and upon the most patent doore of the Cathedrall Church and Episcopall seat.

VIII.That thè Complainers within the Presbyterie where the Bishop is resident, or hath his Cathedrall, be carefull to keep correspondence with those in other Presbyteries within their Diocese, who best can spe­cifie and verifie their Bishops usurpation and trans­gressions, and who had particular Articles to ga­ther particular Declarations and Informations of the same.

IX.That some of these Complainers in their own Name, and with Warrant and Power from the rest, without failing attend the Assembly with the gene­rall Complaint and particular verifications and spe­cifications of the same.

X.That in case the Presbyterie where the Bishop hath his residence, or where he hath his Cathedrall and Episcopall seat, refuse to receive this Com­plaint, or referre the same to the Assembly, or to [Page 19] admonish or cite the Bishop delinquent, before the Assembly, to answer to the Complaint; that the Gentlemen and others who are Complainers to the Presbyteries, upon their refusall take instrument in the hands of the Clerk of the Presbyterie, or any Notarie, and protest that their refusall of the ordi­narie care of Iustice, procured (without doubt) by the Bishop of that Diocese delinquent complained of, the equivalent of Law and Reason, be a formall Citation of him. Which Protestation they may af­fix upon the dwelling house of the said Bishop, or upon his Cathedrall Church, or the prime Church within the Presbyterie. And that they may deale with any other Presbyterie within the Diocese, who is better disposed, and upon their receit of the Com­plaint, will referre the same to the Assembly and cite the Bishop in manner above-expressed, to com­peare before the said Assembly.

XI.Item, Perhaps some Minister within the Pres­byterie may think some Heads of this Complaint not to be relevant in his Opinion, or know the Bishop not to be guilty of all the particular Heads contained therein: yet he in Iustice cannot refuse to referre the triall of the Relevancie and Probation thereof to the Generall Assembly, especially, seeing the Re­levancie and Probation of moe or fewer Points a­gainst the Bishop of the Diocese is sufficient, and seeing the subsumption of every particular Head is against the Bishop of the Diocese, with his Collegues.

[Page 20] XII.Item, To desire the Presbyterie, upon Complaints upon any persons within the same, against any scan­dalous Minister either in Doctrine or Life, either to judge the Complaint, or referre the same to the triall and censure of the Generall Assembly, and so to admonish and cite the Ministers complained upon, to compeare before the Generall Assembly for that end.

According to which articles, upon Sunday Octob. 28. they caused read the said Libell in all the Churches of Edenburgh notwithstan­ding my Lord Commissioners command given to the Provest and Bailies to the contrary: ex­cept in Haly-rude-house, where it was read the next Sunday, as it was in other Churches of the Kingdome; proceeding herein. 1. Against all charity which doth not behave it selfe unseem­ly, nor delighteth in the discovery of mens na­kednesse, nor take up a reproach, nor backbite with the tongue; much lesse to write a booke a­gainst a brother. 2. Against the order prescri­bed by the Apostle: not to rebuke an Elder, but to intreat him as a father: and by the Act of Parl. Jam. 6 par. 8. discharging all persons to impugne or to procure the diminution of the authority and power of the three estates or any of them. 3. Against all lawfull and formall proceeding, specially, that prescribed by Act of Generall Assembly at Perth Martij 1. 1596. whereby it is ordained, that all summons containe the spe­ciall [Page 21] cause and crime: which the said Libell doth not: nameing onely generall calumnies, reproaches, and aspersions, without instruction of any particular, but leaving these to be filled up by malitious delation, after they have defa­med their brethren by publishing this Libell: as appeares by the 8. and 11. articles of the said instructions. And against the order prescribed by the Assembly at Saint Andrewes April 24. 1582. whereby it is enacted, that in processe of de­privation of Ministers, there be a libelled precept upon fourty dayes warning, being within the Realme, and threescore dayes being without the Realme, to be dire­cted by the Kirk and such Commissioners thereof, as elects and admits the person complained of, summo­ning them to compeare and answere upon the complaint. And in case of their absence at the first summons, the second to be directed upon the like warning, with certi­fication, if he faile, the Libell shall be admitted to pro­bation, and he shall be holden pro confesso. Which forme not being kept in a summons inferring the punishment of deprivation, the same cannot be sustained by the order of that Assembly. 4. Against common equity which admits sum­mons only by the authority of that judge before whom the delinquent is to compeare. Where­by the summons directed by the authority of these pretended Presbyteries, cannot sustaine, for compearance before the Generall Assembly, nor could reference be made from the Presbyte­ry to the Generall Assembly, the parties never being summoned to compeare before the Pres­bytery, [Page 22] whereby either in presence of the par­ty, or in case of contumacy, the complaint might be referred to the Assembly. That there was no citation before the reference, is cleare, by the said instructions. And what a strange and o­dious forme it is, to insert such a Calumnious Li­bell in the Presbytery-books, without citing of the parties to answere thereto; and to cite Bi­shops before the Generall Assembly by the said Libell, by publishing the same at Churches, to which they had no relation, and were many miles distant, we leave it to the judgement of indifferent men. 5. Against all decency and respect due to men of their place, the said per­sons, being men of dignity, and some of them of his Majesties most honourable privie Coun­cell, and knowen to be of blamelesse conversati­on, and to have deserved well, thus to be reviled and traduced, doth redound to the reproach of Church and State, and of the Gospell whereof they are preachers. 6. Lastly, to omit many other informalities against their owne consciences, which we charge in the sight of God, as they must answere before his great and fearefull tri­bunall, if they suspect and know not perfectly, according to the judgement of charity, them whō they thus accuse, to be free of these crimes wherewith they charge them, at least of many of them; as appeares evidently by the 11 article of the said instructions, having therein libelled the generall, and have yet to seeke the specifica­tion thereof, from the malice of their neigh­bours, [Page 23] if so be they can furnish it. By which in­formall and malitious proceeding, it is most ap­parent, that our said parties do seek our disgrace and overthrow, most malitiously and illegally. And therefore we call heaven and earth to wit­nesse, if this be not a barbarous and violent per­secution, that all circumstances being conside­red, hath few or none to parallell it, since the beginning of Christianity: and if we have not just cause to decline the said pretended Commis­sioners, as our party.

Moreover, can these men expect, but in a law­full Assembly they were to be called and censu­red for their enorme transgressions foresaid? And will any man thinke, that they can be jud­ges in their owne cause? It is alledged out of the Canon-law, against the Pope, that if the Pope be at variance with any man, he ought not to be judge himselfe, but to chuse arbitrators. And this may militate against them; except they be more unruly then Popes. Ludovicus Bavarus and all the Estates of Germanie with him, did plead this nullity against the sentence and proceeding of Pope Iohn 22. and of his Councell. And the Archbishop of Cullen 1546. did plead the nul­lity of Paul 3. his Bull of excommunication, be­cause he protested, that so soone as a lawfull Councell should be opened, he would implead the Pope as party, being guilty of many things censurable by the Councell.

But the late Protestation doth show the au­thors X. thereof to be no lesse injurious to our [Page 24] place and authority, then they are over weening of their owne. For it is against reason and pra­ctise of the Christian Church, that no Primate, Archbishop, nor Bishop, have place nor voyce deliberative or decisive in Generall Assemblies, except they be authorized and elected by their Presbyteriall meetings, consisting of preaching and ruling Elders (as they call them) and with­out warrant or example in the Primitive and pu­rest times of the Church.

This also doth inferre the nullitie of an As­sembly, if the Moderator and President for mat­ters XI. of doctrine, and discipline, shall be neither the Primate, Archbishop, nor Bishop, but he who by plurality of Presbyters and lay-mens voyces shall be elected: which happily may be one of the inferiour Clergie or a lay-person, as some­times it hath fallen out. Whereas Canonically, according to the ancient practise of the Church; the Primate should preside: according to the constitution of the first Councell of Nice Can. 6. of Antioch Can. 9. and of the Imperiall Law Novell. constitut. 123. cap. 10. and ac­cording to our owne Law. For what place in Assemblies Archbishops and Bishops had in o­ther Christian nations, the same they had (no doubt) in Scotland, and yet still doe retaine, ex­cept by some Municipall law it hath bin restrai­ned, which cannot be showne. For the restraint of their authority by the Act of Parl. 1592. is restored by the Act of Parl. 1606. and 1609. and all acts prejudiciall to their jurisdiction, a­brogated. [Page 25] Neither doth that Act 1592. establi­shing Generall Assemblies, debarre Bishops from presiding therein: nor the abrogation of their Commission granted to them by Act of Parl. in Ecclesiasticall causes imply and inferre the abrogation of that authority which they re­ceived not from the Parl. but from Christ, from whom they received the spirituall oversight of the Clergie under their charge: whereto be­longeth the Presidentship in all Assemblies for matters spirituall, alwaies with due submission to the Supreame Governour: which is so intrin­secally inherent in them, as they are Bishops, that huc ipso that they are Bishops, they are Presi­dents of all Assemblies of the Clergie: as the Chancellor of the Kingdome hath place in Councell and Session, not by any Act or Statute, but hoc ipso that he is Chancellor. By Act of Parl. Bishops are declared to have their right in Synods and other inferiour meetings; but by no law restrained nor debarred from the exercise of it in Nationall Assemblies: and the law allow­ing Bishops to be Moderators of the Synods, doth present a list in absence of the Metropoli­tan, to whom of right this place doth belong, as said is, out of which the Moderator of the Ge­nerall Assembly shall be chosen. For is it not more agreeable to reason, order, and decencie, that out of Moderators of Synods, a Modera­tor of the Generall Assembly should be chosen, then of the inferiour Clergie subject to them?

As concerning that Act of the Generall As­sembly [Page 26] 1580. whereby Bishops are declared to have no warrant out of Scripture; if corruption of time shall be regarded, the authority of that Assembly might be neglected, no lesse then that at Glosgow 1610. But it is ordinary that prior acts of Assemblies and Parliaments give place to the posterior: for Posteriora derogant prioribus. And there past not full six yeares when a Gene­rall Assembly at Edinburgh found, that the name of Bishops hath a speciall charge and function annexed to it by the word of God: and that it was lawfull for the Generall Assembly to admit a Bishop to a benefice, presented by the Kings Majesty, with power to admit, visite, and de­prive Ministers, and to be Moderators of the Presbyteries where they are resident, and sub­ject onely to the sentence of the Generall As­sembly.

As for that Act at Montrose, let them answer to it that have their calling by that Commissi­on. We professe that we have a lawfull calling by the election of the Clergie, who are of the Chapter of our Cathedralls, and consecration of Bishops by his Majesties consent and appro­bation, according to the laudable Lawes and auncient Custome of this Kingdome, and of the Church in auncient times, and do homage to our Soveraigne Lord for our Temporalities and ac­knowledge him solo Deo minorem, next unto God in all causes, and over all persons Spirituall or Temporall, in his owne Dominions supreame Gouernour. But now we may take up Cyprian [Page 27] his complaint, Lib. 3. Ep. 14. Quod non periculum metuere debemus de offensâ Domini, quando aliqui de Presbyteris nec Evangelij nec loci sui memores, sed neque futurum Dei judicium neque praepositum sibi Episcopum cogitantes, quod nunquam omnino sub an­tecessoribus factum est, cum contumelia & contemptâ praepositi totum sibi vendicent? Atque utinam non prostratâ fratrum nostrorum salute sibi omnia vendi­carent. Contumelias Episcopatûs nostri dissimulare & ferre possem; sicut dissimulavt semper & pertuli: sed dissimulandi nunc locus non est, quando decipiatur fraternitas nostra à quibusdam vestrum, qui dùm sine ratione restituendae salutis, plausibiles esse cupi­unt, magis lapsis obsunt.

Lastly, it is most manifest by the premisses, XII. how absurd it is, and contrary to all reason and practise of the Christian Church, that Arch­bishops and Bishops shall be judged by Presby­ters; and more absurd that they should be judg­ed by a mixt meeting of Presbyters and Laicks, conveening without lawfull authority of the Church. How, and by whom, they are to be judged, according to the custome of auncient times, may be seene by the Counsell of Chal­cedon, Can. 9. and Concil. Milevit. Can. 22. and Concil. Carthag. 2. Can. 10. Nor do we decline the lawfull tryall of any competent ju­dicatory in the Kingdome, especially of a Ge­nerall Assembly lawfully constitute, or of his Majesties high Commissioner, for any thing in life or doctrine can be laid to our charge: onely we declare and affirme, that it is against order, [Page 28] decency, and Scripture, that we should be judg­ed by Presbyters or by Laicks, without autho­rity and Commission from Soveraign authority.

For the reasons foresaid, and many moe, and for discharge of our duty to God, to his Church, and to our Sacred Soveraigne, lest by our silence we betray the Churche's right, his Majesties au­thority, and our owne consciences, We for our selves, and in name of the Church of Scotland, are forced to protest, that this Assembly be re­puted and holden null in Law Divine and hu­maine: and that no Church-man be holden to appeare before, assist or approve it: and there­fore, that no letter, petition, subscription, inter­locutor, certification, admonition, or other act whatsoever proceeding from the said Assembly, or any member thereof, be any wise prejudiciall to the Religion and Confession of Faith by Act of Parliament established: or to the Church, or any member thereof, or to the jurisdiction, li­berties, priviledges, rents, benefices, and pos­sessions of the same, acts of Generall Assemblie, of Councell and Parliament in favours thereof; or to the three estates of the Kingdome, or any of them, or to us, or any of us, in our persons or estates, authority, jurisdiction, dignity, rents, be­nefices, reputation, and good name: but on the contrary that all such acts and deeds above men­tioned, and every one of them, are and shall be reputed and esteemed unjust, illegall and null in themselves, with all that hath followed or may follow thereupon.

[Page 29] And forasmuch as the said Assemby doth in­tend (as we are informed) to call in question, discusse, and condemne things not onely in themselves lawfull and warrantable, but also defined and determined by Acts of Generall Assembly and Parliaments, and in practise ac­cordingly: to the disgrace and prejudice of re­formed Religion, authority of the Lawes and Liberties of the Church and Kingdome, weak­ning his Majesties authority, disgracing the pro­fession and practise, which he holdeth in the Communion of the Church where he liveth, and branding of Reformed Churches with the foule aspersions of Idolatry and superstition: we protest before God and man, that what shall be done in this kinde, may not redound to the disgrace or disadvantage of Reformed Religi­on, nor be reputed a deed of the Church of Scotland.

We protest that we imbrace and hold, that the Religion presently professed in the Church of Scotland, according to the Confession there­of, received by the estates of this Kingdome, and ratified in Parliament the yeere 1567. is the true Religion bringing men to eternall Salvati­on, and do detest all contrary errour.

We protest, that Episcopall governement in the Church is lawfull and necessary: and that the same is not opposed and impugned for any defect or fault, either in the Government or Governours; but by the malice and craft of the [Page 30] Devill, envying the successe of that governe­ment in this Church these many yeeres by past, most evident in planting of Churches with able and learned Ministers, recovering of the Church rents, helping of the Ministers stipends, preven­ting of these jarres betwixt the King and the Church, which in former times dangerously infested the same, keeping the people in peace and obedience, and suppressing of Popery, which in respect either of the number of their professors or boldnesse of their profession, was never at so low an ebbe in this Kingdome, as be­fore these stirres.

We protest, that, seeing these who for scruple of conscience did mislike the Service book, Ca­nons and high Cōmission, which were apprehen­ded or given forth to be the cause of the troubles of this Church, have now received satisfaction, and his Majesty is graciously pleased to forget and forgive all offences by past in these stirres; that all the subjects of this kingdom may live in peace and Christian love, as becometh faithfull subjects and good Christians, laying a side all hatred, envy, and bitternesse: And if any shall refuse so to do, they may beare the blame, and be thought the cause of the troubles that may en­sue: and the same be not imputed to us, or any of us, who desire nothing more, then to live in peace and concord with all men under his Maje­sties obedience: and who have committed no­thing against the Lawes of the Kingdome and [Page 31] Church, that may give any man just cause of of­fence: and are so farre from wishing hurt to any man, in his person or estate, notwithstanding all the indignities and injuries we have suffered, that for quenching this present combustion, and set­ling peace in this Church and countrey, we could be content, after clearing of our innocency of all things wherewith we can be charged, not onely to lay downe our Bishopricks at his Maje­sties feet, to be disposed of at his royall pleasure, but also, if so be, it pleased God, to lay downe our lives, and become a sacrifice for this atone­ment.

We protest in the sight of God, to whom one day we must give account, that we make use of this Declinator and protestation out of the con­science of our duty to God and his Church, and not out of feare of any guiltinesse, whereof a­ny of us is conscious to himselfe, either of wic­kednesse in our lives, or miscarriage in our cal­lings; being content every one of us, for our owne particular (as we have never showen our selves to be otherwise) to under goe the lawfull and most exact triall of any competent judicato­ry within this Kingdome, or of his Majesties high Commissioner.

And we most humbly intreat his Grace, to in­terceed with the Kings Majesty, that he may ap­point a free and lawfull Generall Assembly, such as Gods word, the practise of the Primitive Church, and laws of the Kingdome do prescribe [Page 32] and allow, with all convenient speed, to the ef­fect the present distractions of the Church may be setled. And if there be any thing to be laid to the charge of any of the Clergie, of whatsoe­ver degree, either in life and manners, or do­ctrine, or exercise of his calling and jurisdicti­on, he may be heard to answere all accusations, and abide all triall, either for clearing his inno­cencie, or suffering condigne punishment, accor­ding to his transgressions: declining alwaies this Assembly, for the causes above written. Like as by these presents, we, and every one of us, decline the same, the whole members thereof, and Commissioners foresaid directed thereto, and e­very one of them.

We protest that this our protestation in re­spect of our lawfull absence may be received in the name of us under-subscribing for our selves, and in the name of the Church of Scotland that shall adhere to the said Protestation, and in the name of every one of them, from our welbelo­ved, Doctor Robert Hamilton, Minister at Glas­ford, to whom by these presents we give our full power, and expresse mandate to present the same in or at the said Assembly, or where else it shall be necessary to be used, with all submission and obedience due to our gracious Soveraigne and his Majesties high Commissioner: and upon the presenting and using thereof, acts and in­struments to crave, and all other things to doe, [Page 33] that necessarily are required in such cases: firme and stable holding, or for to hold, what hee, or any of them, shall lawfully doe in the premises.

In witnesse whereof, as we are ready with our blood, so with our hand we have subscribed these presents, at the palace of Haly-rude-house, New-castle, and Glasgow, the 16. 17. and 20. dayes of Novemb. 1638. et sic subscrbitur.