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
Commissioner
his
Grace
to
indict
a
lawfull
A
lawfull
Assembly
must
not
only
be
indicted
by
lawfull
authority
(
as
we
acknowledge
this
to
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
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
,
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
And
yet
doth
the
nullity
of
the
Commissions
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
Commissioners
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
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
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
whom
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
This
also
doth
inferre
the
nullitie
of
an
Assembly
,
if
the
Moderator
and
President
for
matters
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
,
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
Commission
,
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:
St
Andreae
Arch.
Pa:
Glasgow
.
Da:
Edinburgen
.
Tho:
Gallovidien
.
Jo:
Rossen
.
Walterus
Brechinen
.