The declinator and protestation of the archbishops and bishops, of the Church of Scotland, and others their adherents within that kingdome against the pretended generall Assembly holden at Glasgow Novemb. 21. 1638.
         Episcopal Church in Scotland.
      
       
         
           1639
        
      
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             The declinator and protestation of the archbishops and bishops, of the Church of Scotland, and others their adherents within that kingdome against the pretended generall Assembly holden at Glasgow Novemb. 21. 1638.
             Episcopal Church in Scotland.
             Spottiswood, John, 1565-1639.
          
           [2], 33, [1] p.
           
             Printed by John Ravvorth, for George Thomason and Octavian Pullen, and are to be sold at their shop, at the Rose in S. Pauls Churchyard,
             London :
             1639.
          
           
             Signed at end: Jo: Sti Andreæ Arch. [i.e. John Spottiswood, archbishop of St. Andrews; and five others].
             Variant: title page has "Novemb. 21. 1628.". For other variants in quire A see STC addendum.
             Quire B is in two settings: B3v line 14 has (1) "Deliberations" or (2) "deliberations". The latter setting comes with or without "VII." in the margin of B3v.
             Reproduction of the original in Harvard University. Library.
          
        
      
    
     
       
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           Church of Scotland -- Controversial literature -- Episcopalian authors -- Early works to 1800.
        
      
    
     
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           THE
           DECLINATOR
           AND
           PROTESTATION
           OF
           THE
           Archbishops
           and
           Bishops
           ,
           of
           the
           Church
           of
           SCOTLAND
           ,
           and
           others
           their
           adherents
           within
           that
           Kingdome
           ,
           Against
           the
           pretended
           generall
           Assembly
           bolden
           at
           
             Glasgow
          
           Novemb.
           21.
           1638.
           
        
         
           LONDON
           ,
           Printed
           by
           JOHN
           RAVVORTH
           ,
           for
           GEORGE
           THOMASON
           and
           OCTAVIAN
           PULLEN
           ,
           and
           are
           to
           be
           sold
           ar
           their
           shop
           ,
           at
           the
           Rose
           in
           S.
           
             Pauls
             Churchyard
             .
          
           1639.
           
        
      
       
         
         
           It
           is
           his
           Majesties
           pleasure
           that
           this
           be
           printed
           ,
           for
           the
           which
           ,
           this
           shall
           be
           your
           warrant
           .
        
         
           
             Hamilton
             .
          
        
      
    
     
       
         
         
           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
           
           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
           
           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
           
           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
           
           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
           
           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
           
           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
          
           
           
             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
           ,
           
           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
           
           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
           
           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
           
           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
           
           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
           
           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
           
           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
           .
           
        
         
           Beside
           ,
           the
           persons
           Ecclesiasticall
           pretended
           to
           be
           authorized
           Cōmissioners
           to
           this
           Assembly
           ,
           have
           so
           behaved
           themselves
           ,
           that
           justly
           they
           
           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
           mal-administration
           ,
           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
           
           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
           
           and
           lawfull
           Assembly
           .
        
         
           Nor
           doth
           it
           stand
           with
           Reason
           ,
           Scripture
           ,
           or
           
           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
             ,
          
           
           
             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
             .
          
           
        
         
           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
           
           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
           
           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
           
           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
           
           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
          
           
           
             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
             .
          
        
         
         
           
             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
          
           
           
             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
             .
          
        
         
         
           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
           
           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
           ,
           
           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
           ,
           
           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
           
           thereof
           to
           be
           no
           lesse
           injurious
           to
           our
           
           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
           
           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
           .
           
           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
           
           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
          
           
           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
           ,
           
           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
           ,
           
           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
           .
        
         
         
           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
           
           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
           
           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
           
           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
           ,
           
           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
             .
          
        
         
           
             Jo
             :
             S
             
               ●
            
             Andreae
             Arch.
             
          
           
             Pa
             :
             Glasgow
             .
          
           
             Da
             :
             Edinburgen
             .
          
           
             Tho
             :
             Gallovidien
             .
          
           
             Jo
             :
             Rossen
             .
          
           
             Walterus
             Brechinen
             .
          
        
      
    
     
       
         Notes, typically marginal, from the original text
         
           Notes for div A11764-e110
           
             I
             
          
           
             II
             
          
           
             III
             
          
           
             III
             
          
           
             IV.
             
          
           
             V.
             
          
           
             VI.
             
          
           
             VII
             .
          
           
             VIII
             .
          
           
             IX
             .
          
           
             X.
             
          
           
             XI
             .
          
           
             XII
             .