WEE Commissioners from Presbyteries , Burghes , and Universities , now conveened in a full and free Assembly of the Church of Scotland , indicted by his Majestie , and gathered together in the Name of the Lord Jesus Christ the only Head , and Monarch of his owne Church ; And Wee Noblemen , Barons , Gentlemen , Ministers , Burgesses and Commons , Subscribers of the Confession of Faith , Make it knowne that where Wee His Majesties loyall Subjects of all degrees , considering and taking to heart the many and great innovations and corruptions lately by the Prelats and their adherents intruded of this Church , which had beene before in great puritie to our unspeakable comfort established amongst us , were moved to present many earnest desires and humble supplications to his sacred Majestie , for granting a free generall Assembly , as the only legall and readie meane to try these innovations , to purge out the corruptions , and settle the order of the church , for the good of Religion , the honour of the King , and the comfort and peace of the Kirk and Kingdome : It pleased his gracious Majestie , out of his Royall bountie , to direct unto this Kingdome , the Noble and Potent Lord , James Marques of Hammiltoun , with Commission to heare and redresse the just grievances of the good Subjects , who by many petitions , and frequent conferences , being fully informed of the absolute necessitie of a free generall Assemblie , as the only Judicatorie which had power to remedie those evils , was pleased to undergoe the paines of a voyage to England for presenting the pitifull condition of our Church to his sacred Majestie ; And the said Commissioner his Grace returned againe in August last , with power to indict an Assembly , but with the condition of such prelimitations , as did both destroy the freedome of an Assemblie , and could no wayes cure the present diseases of this Church : which was made so clearly apparent to his Grace , that for satisfying the reasonable desire of the Subjects , groaning under the wearinesse and prejudices of longsome attendance , Hee was againe pleased to under-take another journey to His Majestie , and promised to endeavour to obtaine a free Generall Assemblie , without any prelimitation , either of the constitution and members , or matters to be treated , or manner , and order of proceeding , so that if any question should arise concerning these particulars , the same should bee cognosced , judged , and determined by the Assemblie , as the onely judge competent : And accordingly by warrant from our Sacred Soveraigne , returned to this Kingdome , and in September last , caused indict a free Generall Assemblie , to be holden at Glasgow , the 21. of November instant , to the unspeakable joy of all good Subjects and Christian hearts , who thereby did expect the perfect satisfaction of their long expectations ; and the finall remedie of their pressing grievances : But these hopes were soone blasted : for albeit the Assemblie did meet and begin at the appointed day , and hath hitherto continued , still assisted with his Graces personall presence , yet His Grace hath never allowed any freedome to the Assemblie , competent to it by the Word of God , acts and practise of this church , and his Majesties Indiction , but hath laboured to restraine the same , by protesting against all the acts made therein , and against the constitution therof by such members , as by all law reason and custome of this church were ever admitted in our free Assemblies , and by denying his apprebation to the things proponed and coucluded , though most cleare , customable , and uncontraverted .

And now since his Grace after the presenting and reading of his own commission from our sacred Soveraigne , and after his seeing all our commissions from Presbyteries and Burghes produced and examined , and the assembly constitute of all the members by unanimous consent , doth now to our greater griefe without any just cause or occasion offered by us , unexpectedly depart and discharge any further meeting , or proceeding in this Assembly , under the paine of treason ; and after seven dayes sitting , declare all Acts made , or heereafter to be made in this Assembly , to be of no force nor strength ; and that for such causes as are either expressed in his Maiesties former proclamations , ( and so are answered in our former protestations ) or set downe in the declinatour , and protestation presented in name of the Prelats , ( which are fully cleared in our answere made thereto ) or else were long since proponed by the Commissioner his G. in his eleven articles or demands sent unto us , before the indiction of the Assembly ( and so were satisfied by our answers , which his Grace acknowledged , by promising after the recept thereof to procure a free generall Assembly , with power to determine upon all questions , anent the members , manner , and matters thereof ) all which for avoyding tediousnesse wee heere repeat : Or otherwise the said causes alleadged by the Commissioner , were proponed by His Grace , in the Assemblie ; such as first , that the Assemblie refused to reade the Declinatour and Protestation exhibited by the Prelats , which neverthelesse was publicklie read and considered by the assemblie , immediatly after the election of a Moderatour and constitution of the Members , before the which , there was no assemblie established , to whom the same could have been read : Next , that ruling Elders were permitted to have voyce in the election of commissioners from Presbyteries , which was knowne to His Grace , before the indiction and meeting of the assembly , and is so agreeable to the acts and practise of this church , inviolably observed before the late times of corruption , that not one of the assembly doubted thereof , to whom by the indiction and promise of a free assembly , the determination of that question , anent the members constituent propertie belonged .

And last , that the voyces of the six Assessors , who did sit with His Grace , were not asked and numbered , which we could not conceive to bee any just cause of offence , since after 39. Nationall assemblies of this reformed church , where neither the Kings Maiestie , nor any in his name was present , at the humble and earnest desire of the assembly , His Maiesty graciously vouchsafed His presence either in His owne Royall Person , or by a commissioner , not for voting or multiplying of voyces , but as Princes and Emperours of old , in a Princely manner to countenance that meeting , and to preside in it for externall order ; and if Wee had been honoured with His Maiesties Personall presence , His Maiestie ( according to the practice of King James of blessed memorie ) would have only given his own Iudgment in voting of matters , and would not have called others who had not been cloathed with commission from the church to carry things by pluralitie of voyces .

Therefore in conscience of our duetie to God and his trueth , the King and his honour , the Church and her liberties , this Kingdome and her peace , this Assemblie and her freedome , to our selves and our safetie , to our Posteritie , Persons and Estates , Wee professe with sorrowfull and heavie , but loyall hearts . That Wee cannot dissolve this Assemblie , for the reasons following .

1. For the reasons alreadie printed anent the necessitie of conveening a Generall Assemblie , which are now more strong in this case , seeing the assemblie was alreadie indicted by his Maiesties authoritie , did conveene , and is fully constitute in all the members thereof , according to the Word of GOD , and discipline of this church , in the presence and audience of his Maiesties Commissioner ; who hath reallie acknowledged the same , by assisting therein seven dayes , and exhibition of His Maiesties Royall Declaration , to bee registrate in the bookes of this assemblie , which accordingly is done .

2. For the reasons contained in the former Protestations made in name of the Noblemen , Barons , Burgesses , Ministers , and Commons , whereunto We doe now iudicially adhere , as also unto the Confession of Faith and covenant , subscribed and sworne by the body of this Kingdome .

3. Because as Wee are obliged by the application and explication subioyned necessarily to the Confession of Faith subscribed by Us ; So the Kings Maiestie , and his Commissioner , and Privie Councell ; have urged many of this kingdome to subscribe the Confession of Faith made in anno 1580. and 1590 : and so to returne to the doctrine and discipline of this Church , as it was then professed : But it is cleare by the doctrine and discipline of this church , contained in the booke of Policie then registrate in the bookes of assemblie , and subscribed by the Presbyteries of this church ; That it was most unlawfull in it self , and preiudiciall to these priviledges which Christ in his Word hath left to his church , to dissolve or breake up the assemblie of this church , or to stoppe and stay their proceedings in constitution of acts for the welfare of the church , or execution of discipline against offenders ; and so to make i● appeare , that Religion and Church-government should depend absolutely upon the pleasure of the Prince .

4. Because there is no ground of pretence either by Act of Assemblie , or Parliament , or any preceeding practice , whereby the Kings Majestie may lawfully dissolve the Generall Assemblie of the Church of Scotland , far lesse His Majesties Commissioner , who by his commission hath power to indict and keep it , secundùm legem & praxim : But upon the contrary , His Majesties prerogative Royall , is declared by Act of Parliament , to be nowayes prejudiciall to the priviledges and liberties , which God hath granted to the spirituall office-bearers , and meetings of this Church ; which are most frequently ratified in Parliaments , and especially in the last Parliament holden by His Maiestie himself , which priviledges and liberties of the church , his Maiesty will never diminish or infringe , being bound to maintaine the same in integritie by solemne oath given at His Royall Coronation in this Kingdome .

5. The Assemblies of this Church have still inioyed this freedome of uninterrupted sitting , without or notwithstanding any contramand , as is evident by all the Records thereof ; and in speciall by the generall Assembly holden in anno 1582. which being charged with letters of Horning by the Kings Maiestie his Commissioner and Councell , to stay their processe against Master Robert Montgomerie , pretended Bishop of Glasgow , or otherwise to dissolve and rise , did notwithstanding shew their libertie and freedome , by continuing and sitting still , and without any stay , going on in that processe against the said Master Robert , to the finall end thereof : And thereafter by letter to his Maiestie , did shew clearly , how far his Majestie had been uninformed , and upon misinformation , prejudged the prerogative of Jesus Christ , and the liberties of this Church , and did inact and ordaine , that none should procure any such warrant or charge under the pain of excommunication .

6. Because now to dissolve , after so many supplications and complaints , after so many reiterated promises , after our long attendance and expectation , after so many references of processes from Presbyteries , after the publick indiction of the Assemblie , and the solemne Fast appointed for the same , after frequent convention , formall constitution of the Assemblie in all the members thereof a and seven dayes sitting , were by this act to offend God , contemne the Subjects petitions , deceive many of their conceived hopes of redresse of the calamities of the Church and Kingdome , multiply the combustions of this Church , and make every man despaire heereafter ever to see Religion established , Innovations removed , the Subjects complaint respected , or the offenders punished with consent of authoritie , and so by casting the church loose and desolate , would abandon both to ruine .

7. It is most necessary to continue this Assemblie for preveening the prejudices which may ensue upon the pretence of two Covenants , whereas indeed there is but one . That first subscribed in 1500. and 1590. being a Nationall covena●● , and oath to God ; which is lately renewed by ●s , with that necessary explanation , which the corruptions introduced since that time contrary to the same , inforced : which is also a knowledged by the Act of councell in September last , declaring the same to bee subscribed , as it was meaned the time of the first subscription : And therefore for removing that shame , and all preiudices which may follow upon the show of two different covenants and confessions of Faith in one Nation , The Assemblie cannot dissolve , before it trye , finde and determine , that both these covenants , are but one and the selfe same covenant : The latter renewed by Us , agreeing to the true genuine sense and meaning of the first , as it was subscribed in anno 1580.

For these and many other reasons , Wee the Members of this assemblie , in our owne name , and in the name of the Kirk of Scotland , whom Wee represent ; and Wee Noblemen , Barons , Gentlemen , Ministers , Burgesses , and Commons before mentioned , doe solemnely declare in the presence of the everliving God , and before all men ; And protest ,

1. That our thoughts are not guiltie of any thing which is not incumbent to us , as good Christians towardes God , and loyall Subjects towardes our sacred Soveraigne .

2. That all the Protestations generall or particular , proponed or to bee proponed by the commissioner his Grace , or the Prelates and their adherents , may bee presentlie discussed before this generall Assemblie , being the highest Ecclesiasticall iudicatorie of this kingdome : and that his Grace depart not till the same be done ,

3. That the Lord commissioner depart not , till this Assemblie do fully settle the solide peace of this church , cognoscing and examining the corruptions introduced upon the doctrine and discipline thereof : and for attaining hereof , and removing all iust exceptions which may bee taken at our proceedings , we attest GOD the searcher of all hearts , that our intentions , and whole proceedings in this present assemblie , have beene , are , and shall be according to the word of GOD the lawes and constitutions of this church , the confession of faith ; our nationall oath , and that measure of light , which GOD the father of light shall grant us , and that in the sinceritie of our hearts , without any preoccupation or passion .

4. That if the Commissioner his Grace depart and leave this church and kingdome in this present disorder , and discharge this assemblie , that it is both lawfull and necessarie for Us to sit still and continue in keeping this present Assemblie ; indicted by His Majestie , till we have tryed , judged , censured all the bygone evils , and the introductors , and provided a solide course for continueing Gods trueth in this land with puritie and libertie , according to his Word , our oath and Confession of Faith , and the lawfull constitutions of this Church ; and that with the grace of God , Wee and every one of Us adhering hereunto , shall sit still and continue in this Assemblie , till after the finall settling and conclusion of all matters , it be dissolved by common consent of all the members thereof .

5. That this Assemblie is and should be esteemed and obeyed , as a most lawfull , full and free generall Assemblie of this Kingdome : And that all acts , sentences , constitutions , censures and proceedings of this Assemblie , are in the self , and should be reputed , obeyed and observed by all the Subjects of this Kingdome , and members of this Church , as the actions , sentences , constitutions , censures and proceedings of a full and free generall Assemblie of this Church of Scotland , and to have all ready execution , under the Ecclesiasticall paines contained , or to bee contained therein , and conforme thereto in all points .

6. That whatsoever inconvenience fall out , by impeding , molesting , or staying the free meeting , sitting , reasoning , or concluding of this present Assemblie , in matters belonging to their judicatorie , by the word of God , lawes & practice of this Church , and the confession of faith , or in the observing and obeying the acts , ordinances and conclusions thereof , or execution to follow thereupon : That the same be not imputed unto Us , or any of Us , who most ardentlie desired the concurrance of his Maiesties Commissioner to this lawfull Assembly : But upon the contrare , that the Prelats and their adherentes , who have protested and declined this present Assemblie , in conscience of their own guiltinesse , not dareing to abide any legall tryall , and by their misinformation have moved the Commissioner his Grace to dep●rt and discharge this Assembly , bee esteemed repute and holden the Disturbers of the Peace , and Overthrowers of the Liberties of the Church , and guiltie of all the evils which sh●ll follow heereupon , and condignely consured ; according to the greatnesse of their fault , and Acts of the Church and Realme : And to this end . Wee againe and againe doe by these presents cite and summond them , and every one of them , to compeere before this present generall Assembly , to answere to the premisses , and to give in their reasons , defences , and answeres against the complaints given in , or to bee given in against them , and to heare probation led , and sentence pronounced against them , and conforme to our former citations , and according to Iustice , with certification as effeirs . Like as by these presents Wee summond and cite all those of His Majesties Councell , or any other , who have procured , consented , subscribed , or ratified this present Proclamation , to bee responsable to His Majestie and three Estates of Parliament , for their counsell given in this matter , so highly importing His Majestie , and the whole Realme , conforme to the 12. Act , King James 4. Parliament 2. And protest for remedie of law against them , and every one of them :

7. And lastly Wee protest , that as Wee adhere to the former Protestations all and every one of them , made in the name of the Noblemen , Barons , Gentlemen , Ministers , Burghes , and Commons ; So seeing Wee are surprised by the Commissioner his Graces suddaine departing , farre contrary to His Majesties indiction , and our expectation , Wee may extend this our Protestation , and adde more reasons thereunto in greater length and number , whereby Wee may fully cleare before God and man , the equitie of our intentions , and lawfulnesse of our proceedings : And upon the whole premisses , the foresaids persons for themselves , and in name aforesaid asked Instruments . This was done in the high Church of Glasgow , in publicke audience of the Assemblie , begun in presence of the Commissioner his Grace , who removed and refused to heare the same to the end , The twentie eight day of November : and upon the Mercate Crosse of Glasgow , The twentie ninth day of the said moneth , The yeare of GOD , 1638. respectivè .