BEfore
the
conveening
of
the
nationall
Assembly
,
indicted
by
his
Majestie
to
be
holden
at
Glasgow
in
Novem.
1638.
The
some-time
pretended
Bishops
and
Arch-bishops
of
this
Kirk
were
cited
publickly
,
throughout
the
Kirk
of
this
Kingdome
,
to
compeare
before
the
said
Assembly
,
for
answering
to
a
complaint
given
in
against
them
to
severall
Presbyteries
,
and
by
the
presbyteries
,
according
to
the
order
of
the
Kirk
,
referred
to
the
generall
Assembly
.
When
the
Assembly
was
conveened
some
of
these
sometime
pretended
Prelats
,
to
wit
,
Mr.
Io.
Spotswod
,
Mr.
Pa.
Lyndsay
,
Mr.
Da.
Lyndsay
,
Mr.
Io.
Maxwell
,
Mr.
Wal.
Whitefurd
,
Mr.
Tho.
Sydserfe
;
in
stead
of
their
compearance
,
gave
in
a
Declinatour
and
Protestation
;
which
was
presented
by
Mr.
Robert
Hammiltoun
Minister
at
Glasfurde
;
and
was
urged
to
be
read
in
face
of
the
Assembly
.
This
their
Declinatour
and
Protestation
was
made
in
name
of
all
the
Arch-bishops
and
Bishops
within
this
Kingdome
:
as
if
it
had
been
done
with
the
knowledge
and
consent
of
all
the
rest
:
which
is
known
to
be
false
,
and
in
name
of
others
their
adherents
,
whom
yet
we
have
found
to
be
very
few
;
and
these
either
corrupted
with
bribes
,
terrified
by
threatnings
,
or
circumveened
with
false
informations
,
as
diverse
of
them
with
teares
have
acknowledged
;
and
therefore
have
passed
from
their
Declinatour
.
They
appoint
it
to
be
given
in
to
his
Majesties
Commissioner
,
whom
they
do
not
decline
;
and
crave
it
to
be
read
in
presence
of
the
Assembly
;
whom
they
do
decline
as
Iudges
,
not
directing
their
speach
to
the
Assembly
it self
,
with
respect
and
reverence
,
as
legall
formes
require
:
Coram
vobis
excipiendo
&
opponendo
,
cum
debita
reverentia
,
or
the
like
.
They
compeare
not
personally
,
but
appoint
a
Procurator
.
Howbeit
some
of
them
were
in
the
town
where
the
Assembly
conveened
;
or
within
few
miles
,
when
their
Declinatour
and
Protestation
was
given
in
.
They
might
have
presented
themselves
to
sustaine
the
reasons
of
their
Declinatour
,
or
to
cleare
themselves
some
way
of
the
offences
laide
to
their
charge
in
the
libell
,
with
Protestation
that
they
adhered
to
their
Declinatour
,
notwithstanding
of
their
compearance
.
Protestantes
in
principio
,
medio
,
&
fine
praesentis
comparitionis
&
oppositionis
:
quod
per
praesentem
actum
vel
comparitionem
,
seu
aliquem
alium
vel
aliam
quem
vel
quam
facere
contigerit
in
futurum
,
non
intendimus
nec
volumus
in
vos
tanquam
in
judicem
competentem
aliqualiter
consentiri
.
Practica
Papiensis
per
Petrum
de
Ferrariis
in
forma
declinationis
alicujus
judicis
.
But
he
that
doeth
evil
hateth
the
light
.
The
Assembly
,
having
considered
the
Declinatour
and
Protestation
,
found
themselves
Iudges
,
notwithstanding
any
thing
was
aleadged
:
which
was
then
briefly
answered
;
and
now
more
amply
for
the
justification
of
their
proceedings
.
They
acknowledged
that
a
generall
Assembly
,
lawfully
called
,
is
a
most
necessare
and
effectuall
meane
,
for
removing
distractions
,
and
setling
peace
in
the
Kirk
;
and
yet
have
they
been
the
chief
instruments
to
bereave
the
Kirk
of
this
liberty
:
first
by
prorogations
from
time
to
time
,
at
last
by
prorogation
to
no
certaine
time
;
that
so
the
impediment
of
their
advancement
might
be
removed
out
of
the
way
.
They
acknowledge
that
his
Majestie
hath
authority
by
his
prerogative
royall
to
call
Assemblies
:
as
is
acknowledged
by
the
Assembly
holden
at
Glasgow
1610.
and
Parliament
1612.
But
withall
they
professe
,
that
it
is
not
lawfull
to
conveen
,
without
his
Royall
consent
and
approbation
,
unlesse
we
will
put
ourselves
in
question
to
be
called
for
sedition
.
Here
,
they
flatter
for
their
own
private
ends
,
or
rather
betray
the
cause
of
CHRIST
.
We
acknowledge
that
the
Prince
,
when
he
seeth
cause
,
may
convocat
a
generall
Assembly
;
but
we
deny
,
that
it
is
sedition
to
hold
Assembly
without
his
consent
.
The
Christians
for
the
space
of
300.
years
held
their
Councels
and
Assemblies
under
the
persecuting
Emperours
;
and
yet
were
not
in
so
doing
guilty
of
sedition
.
But
it
will
be
aledged
,
that
the
case
is
different
,
where
there
is
a
Christian
Magistrate
professing
the
same
Religion
.
It
is
true
,
his
consent
should
be
sought
earnestly
:
but
if
he
be
negligent
or
wilfully
refuse
,
the
Kirk
may
hold
her
Assemblies
,
if
they
finde
necessity
.
For
in
this
case
he
differeth
not
from
the
unbeleever
.
Paria
sunt
non
apparere
&
non
esse
.
The
Papists
,
standing
for
the
Pops
right
to
call
generall
Councels
,
yet
mantaine
,
that
if
he
doth
not
,
nor
will
not
convocate
,
they
may
conveen
without
him
,
or
although
he
should
oppose
.
See
that
professor
of
both
the
laws
Antonius
de
Rosellis
in
his
Monarchiae
Part.
2.
cap.
30.
And
in
the
third
Part
cap.
3.
when
the
Pops
Apostasie
or
Heresie
is
notorious
,
any
faithfull
man
or
sound
Christian
may
convocate
the
Councell
per
vìamrequisitionis
,
vel
monitionis
;
non
per
viam
citationis
,
vel
authorizationis
:
by
way
of
warning
and
requisition
,
not
by
way
of
citation
or
authorizing
.
But
when
they
are
conveened
,
quicunque
ipsos
vocasset
,
talem
vocationem
authoriz
are
possunt
:
whosoever
called
them
together
,
they
may
authorize
that
calling
.
For
it
is
not
requisite
to
the
substance
,
that
a
superiour
should
call
them
together
.
This
Professor
lived
under
the
Emperour
Frederik
the
third
,
and
ended
his
dayes
in
the
year
1467.
The
Bishop
of
Spalato
in
his
second
book
de
Repub.
Ecclesi
.
cap.
7.
Num.
18.
aledgeth
to
this
purpose
a
passage
out
of
Iacobus
Almaynus
;
where
he
sayeth
,
that
the
eye
seeing
the
bodie
in
danger
may
give
warning
to
the
rest
of
the
members
,
that
the
bodie
may
defend
and
preserve
it self
.
So
any
particulare
Kirk
,
seeing
the
necessity
of
convocating
a
Councell
may
make
manifest
the
necessity
to
other
Kirks
;
&
sic
denunciative
congregare
,
non
autem
praeceptive
;
and
so
convocate
,
not
by
precept
or
command
,
but
by
way
of
denunciation
or
warning
.
As
after
a
Physician
hath
shewed
to
a
man
,
what
is
necessarie
for
his
preservation
,
he
is
bound
to
do
it
,
not
by
vertue
of
the
Physicians
precept
,
but
of
the
precept
of
the
divine
and
naturall
law
.
This
Iacobus
Almain
was
a
Sorbonist
Professor
,
about
the
year
1510.
The
ground
of
the
Kirks
right
is
laid
down
by
the
Councell
of
Constance
.
Concilium
generale
potestatem
a
Christo
immediate
habet
.
The
generall
Councell
hath
power
immediatly
from
Christ
.
See
Antonius
de
Rosellis
in
the
part
above-cited
.
What
we
have
aledged
for
generall
Councels
holdeth
more
firmly
for
nationall
and
provinciall
:
seeing
they
are
more
necessary
then
the
generall
.
In
former
times
,
Primats
convocated
nationall
,
and
Metropolitans
provinciall
Councels
,
without
seeking
a
particular
grant
from
Princes
to
every
meeting
.
For
the
Canons
of
Councels
appointed
such
meetings
to
be
kept
.
A
tacit
consent
of
Princes
was
sufficient
.
And
this
tacit
consent
was
collected
by
their
grant
of
liberty
to
professe
Religion
,
and
submitting
their
scepters
to
the
scepter
of
CHRIST
.
In
granting
liberty
of
Religion
they
granted
libertie
to
hold
Synods
,
no
lesse
then
weekly
meetings
of
congregations
to
divine
service
.
That
French
Catholick
who
wrot
that
treatise
delibertate
ecclesiastica
in
defence
of
the
Venetians
writeth
to
the
same
sense
.
Imperatores
cum
libertatem
Religionis
edictis
suis
Ecclesiae
concesserunt
,
simul
jus
libere
cogendi
synodos
illis
attribuisse
.
Nam
cultus
Christiani
haec
pars
est
prorsus
necessaria
&
〈◊〉
〈◊〉
〈◊〉
〈◊〉
〈◊〉
.
So
it
was
answered
in
the
Assembly
holden
in
December
anno
1561.
to
some
Courteours
.
Take
from
us
the
freedome
of
Assemblies
,
and
take
from
us
the
Evangel.
For
without
Assemblies
how
shall
good
order
and
unitie
in
doctrine
be
keeped
.
Seeing
then
Assemblies
are
so
necessare
,
and
CHRIST
hath
provided
for
all
necessaries
to
his
Kirk
,
and
promised
his
presence
where
but
few
are
conveened
in
his
name
,
the
Christian
Prince
cannot
deprive
the
Kirk
of
this
liberty
.
Neither
is
this
Kirk
deprived
of
liberty
to
hold
her
Assemblies
by
any
law
or
act
of
Parliament
,
incase
the
Prince
will
not
indict
time
and
place
.
Our
Kirk
had
liberty
to
hold
Assemblies
,
and
to
appoint
time
and
place
till
the
year
1592.
and
yet
were
not
the
Assemblies
called
in
question
for
sedition
.
The
Assemblies
were
frequented
by
men
of
credite
in
Court
about
the
King
and
his
Regents
.
Some
were
authorized
with
commission
from
them
from
time
to
time
to
repaire
to
the
same
.
Commissioners
have
been
directed
from
the
Parliament
to
confer
with
the
Commissioners
appointed
by
the
Assembly
,
concerning
Ecclesiasticall
affairs
.
Appellations
of
laick
patrons
were
ordained
by
act
of
Parliament
to
end
and
take
decision
at
the
generall
Assembly
.
Superintendents
and
titulars
of
prelacies
were
ordained
by
act
of
Parliament
,
to
be
called
before
the
generall
Assembly
,
and
to
be
deprived
,
incase
they
were
found
Hereticall
in
doctrine
.
The
acts
ratifying
the
jurisdiction
of
the
Kirk
,
namely
the
act
Iames
6.
Par.
6.
cap.
69.
Ratifieth
consequently
the
generall
Assemblies
,
where
all
jurisdiction
is
ordered
,
and
censures
sometimes
exerced
.
The
Parliament
holden
anno
1592.
did
not
grant
liberty
to
hold
Assemblies
,
as
if
the
Kirk
had
not
had
such
liberty
before
,
but
ratified
her
former
liberty
to
hold
Assemblies
yearly
,
or
oftner
pro
re
nata
,
and
to
appoint
time
and
place
for
the
next
Assembly
by
themselves
,
incase
his
Majestie
or
his
Commissioner
were
not
present
in
the
town
.
But
if
any
of
them
were
present
,
it
was
provided
,
that
they
should
appoint
time
and
place
.
This
provision
gave
not
a
privative
power
to
his
Majestie
to
refuse
a
generall
Assembly
,
so
long
as
he
pleased
,
(
for
then
the
liberty
of
holding
generall
Assemblies
could
not
be
said
to
have
been
ratified
)
but
only
a
priviledge
or
prerogative
to
appoint
time
and
place
for
the
yearly
Assembly
.
The
act
of
Parliament
1612.
which
they
aledge
in
their
Declinatour
,
acknowledgeth
the
indiction
of
time
and
place
to
appertaine
to
his
Majestie
,
but
doth
not
give
a
privative
power
to
frustrate
the
Kirk
of
her
yearly
Assemblies
if
he
please
;
which
were
ratified
before
,
but
that
being
presupposed
,
bindeth
him
to
appoint
time
and
place
.
If
they
will
infer
,
that
it
is
sedition
to
conveen
an
Assembly
a
any
time
,
if
the
Prince
will
not
indict
time
and
place
,
in
respect
of
that
act
of
Parliament
,
they
must
remember
that
the
act
1612.
was
only
a
ratification
of
the
act
of
their
pretended
and
null
Assembly
holden
at
Glasgow
1610.
the
nullity
whereof
hath
been
made
evident
at
the
last
Assembly
:
and
so
they
bewray
their
treacherie
against
CHRIST
and
his
Kirk
,
and
for
consenting
to
the
ratification
of
such
a
Declaration
in
Parliament
ought
to
be
severly
punished
,
suppose
there
were
no
other
offence
to
be
laid
to
their
charge
.
The
yearly
Assemblies
were
a
great
impediment
to
their
course
:
therefore
that
liberty
must
not
endure
any
longer
.
But
for
reverence
of
the
honourable
Estates
,
we
make
the
best
construction
we
can
.
Howsoever
,
the
Kirk
may
lawfully
hold
her
Assemblies
,
howbeit
there
were
no
act
of
Parliament
,
and
the
Prince
(
we
speak
in
the
general
)
refusing
to
indict
time
and
place
,
the
necessity
of
the
Kirk
being
urgent
is
to
be
suspected
of
disaffection
to
Religion
notwithstanding
of
his
externall
profession
.
Error
,
cui
non
resistitur
,
approbatur
,
&
veritas
cum
minimè
defensatur
,
opprimitur
.
Negligere
,
quippe
,
cum
possis
,
deturbare
perversos
,
nihil
aliud
est
quam
fovere
.
Dist.
83.
Can.
Error
.
The
Reader
may
finde
more
to
our
purpose
in
the
reasons
alreadie
printed
for
holding
generall
Assemblies
.
Howbeit
the
Assembly
holden
at
Glasgow
in
November
1638.
was
indicted
by
his
Majestie
,
and
they
acknowledge
that
it
was
indicted
by
lawfull
authorite
,
yet
they
hold
the
Assembly
it self
most
unlawfull
and
unorderly
,
in
sundrie
respects
,
and
their
proceedings
void
and
null
in
law
,
for
the
causes
and
reasons
following
:
which
wee
trust
shall
prove
frivolous
.
Their
first
exception
is
taken
from
the
time
of
election
of
the
Commissioners
to
the
Assembly
.
That
they
were
chosen
by
the
Presbyteries
before
the
Presbyteries
were
authorized
to
make
election
,
in
respect
his
Majesties
warrant
,
to
indict
the
Assembly
was
not
published
,
till
the
22.
of
September
following
.
The
election
of
Commissioners
is
ever
in
the
libertie
of
the
Presbyteries
,
when
there
is
apparant
occasion
of
an
Assembly
,
as
at
this
time
they
were
put
in
full
expectation
both
of
a
Parliament
and
Assembly
:
And
there
was
need
of
timous
election
,
that
the
Commissioners
might
have
the
longer
time
to
prepare
themselves
for
the
matters
of
importance
,
which
were
to
bee
treated
.
The
Barrons
and
free-holders
make
choise
of
their
Commissioners
to
voice
in
Parliament
yearly
,
howbeit
no
Parliament
bee
indicted
.
They
themselves
procured
Commissioners
to
bee
chosen
in
sundrie
parts
Anno
1617.
before
the
Assembly
was
indicted
upon
the
fourth
of
November
to
be
holden
at
St.
Andrews
the
25
of
that
infant
;
upon
a
report
that
his
Majesty
would
have
a
generall
Assembly
,
and
the
five
articles
considered
:
but
would
not
appoint
the
time
or
place
,
till
the
Commissioners
were
chosen
.
Their
drift
was
to
hold
or
not
hold
Assembly
,
as
they
should
finde
the
Commissioners
which
were
chosen
,
would
for
the
most
part
serve
their
turn
.
But
what
need
wee
to
insist
upon
this
point
,
seeing
there
was
no
Commissions
produced
at
the
last
Assembly
,
which
were
of
date
before
the
22.
of
September
the
time
of
indiction
.
The
Table
,
say
they
,
by
their
usurped
authority
did
give
order
,
and
direction
for
all
Presbyteries
to
elect
Commissioners
,
and
to
keep
a
fast
upon
the
16
of
September
.
These
whom
they
miscall
,
the
Table
did
not
command
or
charge
the
presbyteries
to
elect
or
fast
;
but
because
of
the
expectation
we
had
of
an
Assembly
,
invited
them
to
seek
Gods
blessing
with
fasting
,
both
to
the
election
of
Commissioners
,
and
proceedings
of
the
Assembly
:
and
because
we
had
been
out
of
use
these
many
years
of
Assemblies
rightly
constitute
,
sent
to
them
their
best
informations
and
caveats
.
They
except
next
against
the
Commissioners
themselves
:
for
if
the
Assembly
be
not
constitute
of
such
members
as
are
requisite
to
make
up
such
a
bodie
,
it
cannot
be
acknowledged
for
a
lawfull
and
free
Assembly
.
But
how
prove
they
Commissioners
admitted
to
be
members
of
this
Assembly
,
not
to
bee
such
as
are
requisit
to
make
up
such
a
bodie
.
First
,
they
alledge
that
the
most
part
,
at
least
of
the
Clergie
,
conveened
at
this
Assembly
,
are
ipso
facto
deprived
,
and
their
places
voide
,
as
if
they
were
naturally
dead
;
because
they
have
never
in
presence
of
the
Archbishop
,
Bishop
,
Superintendent
,
or
Commissioner
of
the
Province
or
Dyocie
,
subscribed
the
articles
of
Religion
extant
in
the
acts
of
Parliament
,
nor
given
their
oath
for
acknowledging
our
Soveraigne
Lords
Authoritie
,
nor
have
read
their
testimoniall
thereupon
,
and
the
confession
in
their
parosh
Kirks
after
their
returne
;
as
they
are
bound
by
act
of
Parliament
,
Anno
1572.
that
whereas
they
bee
bound
by
act
of
Parliament
,
Anno
1606.
to
maintaine
the
Kings
honour
,
dignitie
,
and
prerogative
Royall
,
to
with
stand
all
persons
,
power
,
or
estates
,
that
shall
impugne
or
impaire
the
same
,
and
at
their
admission
were
obliged
to
performe
this
duetie
of
their
alleageance
,
and
to
testifie
in
their
conscience
that
the
King
is
suppreme
governour
as
well
in
matters
spirituall
,
and
ecclesiasticall
,
as
temporall
,
according
to
the
act
of
Parliament
1612.
Yet
notwithstanding
his
Majestie
having
ordained
by
act
of
Councell
and
Proclamation
following
thereupon
,
that
all
the
Liedges
should
swear
and
subscribe
the
said
Confession
,
together
with
a
generall
Band
for
defending
his
Majesties
Person
and
Authoritie
,
against
all
enemies
within
or
without
the
Realme
,
they
have
not
only
refused
to
subscribe
the
said
Band
and
Confession
,
but
in
their
Sermons
and
other
speeches
disswaded
,
deterred
,
and
hindered
,
others
to
subscribe
the
same
;
and
have
publickly
protested
against
the
subscription
thereof
.
The
answer
is
easie
:
The
act
of
Parliament
1572.
was
never
put
in
practise
conforme
to
the
tennour
of
it
,
and
order
there
set
down
:
or
if
put
in
practise
,
the
practise
,
could
not
endure
long
:
For
Archbishops
,
Bishops
,
and
Superindentents
continued
not
long
after
.
If
there
were
any
force
in
this
reason
,
all
the
Assemblies
of
our
Kirk
since
the
abolition
of
Bishops
,
and
Superintendents
might
be
called
in
question
;
and
wee
have
had
no
lawfull
ministers
.
Yea
,
their
own
pretended
Assemblies
did
consist
of
many
,
who
could
not
produce
a
testimoniall
of
their
oath
and
confession
conforme
to
the
tenour
of
that
act
.
Lastly
,
the
substance
of
that
act
hath
been
keeped
conforme
to
the
later
acts
made
thereanent
,
and
none
of
the
Ministers
conveened
at
the
last
Assembly
,
but
have
subscribed
both
the
confession
of
Faith
,
and
Band
for
maintenance
of
the
Kings
authority
,
either
of
late
,
when
the
Covenant
was
subscribed
,
or
before
when
they
past
their
degrees
in
Schooles
,
or
upon
some
other
occasion
.
But
what
suppose
that
act
were
yet
in
force
that
they
had
neglected
to
take
their
oath
,
and
were
therefore
deprived
ipso
facto
of
their
benefice
and
ecclesiasticall
living
,
yet
it
followeth
not
that
they
are
deprived
of
their
office
,
or
can
be
,
unlesse
they
wilfully
refuse
to
subscribe
,
and
take
their
oath
to
acknowledge
the
Kings
authoritie
.
It
is
to
be
observed
,
that
that
act
was
made
when
some
stood
for
the
Kings
Mother
,
and
would
not
acknowledge
the
King
for
Soveraigne
during
her
life
.
As
for
the
promise
made
in
Parliament
by
the
Estates
,
Anno
1606.
have
they
failed
in
performance
,
or
the
Subjects
whom
they
represented
?
Have
they
not
in
the
last
Parliament
ratified
that
act
.
As
to
the
act
for
the
oath
of
supremacie
An.
1612.
it
concerneth
only
such
as
were
to
be
presented
to
any
benefice
,
and
not
every
Minister
.
That
act
was
a
ratification
of
the
act
of
Glasgow
are
altered
in
the
act
of
Parliament
,
and
in
place
of
these
words
,
Conservation
and
purgation
of
Religion
,
are
put
in
,
Supreme
governour
as
well
in
matters
spirituall
and
ecclesiasticall
as
temporall
,
which
words
were
avoided
in
the
same
oath
,
when
the
conclusions
were
agreed
upon
at
Leeth
,
Anno
1572.
Howbeit
they
then
drew
up
a
plate-forme
of
policie
near
to
the
English
,
and
put
in
the
words
,
Conservation
and
purgation
of
Religion
,
which
are
used
in
the
confession
of
Faith
extant
in
the
acts
of
parliament
.
So
they
have
abused
their
own
pretended
Assembly
holden
at
Glasgow
.
But
what
have
the
Commissioners
done
contrare
to
these
acts
,
oathes
,
or
promises
?
They
have
refused
to
subscribe
the
confession
of
Faith
,
and
band
enjoyned
by
the
King
and
Councel
,
hindered
others
,
and
protested
against
the
Proclamation
.
Might
they
not
doe
that
,
and
not
violate
these
acts
?
Doth
the
acts
of
the
Kings
prerogative
binde
them
to
subscribe
any
confession
or
band
in
whatsoever
sense
it
shall
please
his
Majestie
to
make
?
Or
is
it
the
meaning
of
the
oath
of
supremacie
?
The
Estates
,
I
am
sure
,
never
intended
such
a
meaning
.
Both
must
be
interpreted
by
the
first
confession
of
Faith
,
the
act
for
the
Kings
oath
at
his
Coronation
,
the
declaration
made
in
Parliament
1592.
and
second
book
of
discipline
Notwithstanding
of
the
ratification
of
the
former
act
concerning
the
Kings
prerogative
,
and
the
act
for
the
oath
of
imsupremacie
,
his
Majestie
behoved
to
have
a
grant
of
posing
habits
upon
Kirk-men
at
the
last
Parliament
which
needed
not
,
if
he
might
have
done
it
by
vertue
of
these
acts
of
Parliament
,
Anno
1606
and
1612.
and
yet
that
is
a
matter
of
lesse
importance
then
to
enjoyne
subscription
to
a
confession
in
another
sense
,
then
was
received
at
the
first
,
and
second
universall
subscription
.
For
now
in
the
interpretation
of
the
authoritie
enjoyning
subscription
,
the
confession
is
made
to
consist
with
Episcopacie
and
other
novations
introduced
since
the
fame
was
first
received
.
Was
there
not
reason
then
to
refuse
,
to
diswade
others
,
and
to
protest
against
it
?
Moe
reasons
are
to
be
found
in
the
protestation
it
felf
.
Some
Ministers
were
urged
with
subscription
,
and
of
those
,
some
yeelded
,
who
notwithstanding
had
place
in
the
last
Assembly
.
But
what
suppose
all
had
protested
and
refused
to
subscribe
as
they
were
enjoyned
by
the
Councel
;
that
could
not
have
disabled
them
to
fit
and
voice
in
the
Assembly
,
unlesse
they
had
been
legally
convict
before
of
offence
in
so
doing
,
and
remained
obstinate
.
But
let
the
Reader
here
observe
the
decliners
legerdemaine
:
They
would
seeme
to
be
foreward
for
subscription
of
that
confession
which
was
enjoyned
by
the
King
and
Councel
,
but
challenge
men
for
not
subscribing
the
said
Confession
,
that
is
the
Confession
extant
in
the
acts
of
parliament
:
for
of
no
other
have
they
made
mention
before
in
their
declinatour
.
They
have
vilipended
the
later
confession
and
covenant
in
former
times
,
and
we
doubt
,
notwithstanding
of
this
taxing
of
others
,
that
they
will
subscribe
this
confession
themselves
,
without
their
own
limitations
and
acceptions
;
as
the
Doctours
of
Aberdene
have
done
:
but
that
perfidious
men
will
subscribe
any
thing
.
And
yet
so
impudent
are
they
,
that
they
will
have
other
troubled
for
not
subscribing
contrar
to
the
true
sense
,
and
meaning
of
the
confession
to
make
a
partie
,
and
new
rent
in
this
Kirk
.
They
alledge
,
that
the
Commissioners
directed
to
this
Assembly
have
forefaulted
his
Majesties
favour
,
in
granting
this
Assembly
and
the
libertie
to
be
members
thereof
,
and
were
in
the
same
estate
and
condition
they
were
in
before
his
Majesties
proclamation
and
royall
pardon
,
because
they
are
supposed
to
be
of
the
number
of
these
,
that
adhered
to
the
last
protestation
,
that
it
be
lawfull
for
them
,
as
at
other
times
,
so
at
this
to
hold
Assembly
,
notwithstanding
any
impediment
or
prorogation
in
the
contrare
,
they
continue
their
meetings
and
tables
discharged
by
authoritie
,
refuse
to
subscribe
the
Band
according
to
his
Majesties
and
Councels
command
,
for
maintaining
the
Kings
Person
and
authoritie
,
and
protested
against
it
,
and
insisted
with
the
Liedges
to
subscribe
the
Band
of
mutuall
defence
against
all
persons
whatsoever
,
that
in
their
protestation
they
declared
Bishops
and
Arch-bishops
to
have
no
warrand
for
their
office
,
to
have
no
place
or
voice
in
Assembly
,
notwithstanding
his
Majestie
had
declared
by
proclamation
,
that
they
had
voice
in
the
Assembly
to
that
effect
,
as
they
have
constantly
beene
in
use
in
all
Assemblies
where
they
were
present
,
and
therefore
that
it
is
a
fearfull
thing
to
conveen
with
these
at
this
Assembly
,
in
respect
of
sundrie
acts
of
Parliment
,
ordaining
that
none
impugne
the
authority
and
diganitie
of
any
of
the
three
Estates
,
or
procure
innovation
,
or
diminution
of
their
power
and
authoritie
,
under
the
paine
of
treason
:
and
they
arrogat
to
their
meetings
a
Soveraigne
authoritie
to
determine
all
questions
and
doubts
that
can
arise
contrare
to
the
freedome
of
the
Assembly
,
whither
in
the
constitution
and
members
thereof
,
or
in
the
maters
to
be
treated
or
manner
of
proceeding
.
We
answer
first
in
generall
,
They
forfaulted
not
his
Majesties
favour
in
granting
an
Assembly
,
for
his
Majestie
did
not
recall
the
indiction
of
the
time
and
place
,
for
holding
the
Assembly
,
notwithstanding
of
all
that
is
here
alledged
,
and
therefore
they
might
still
conveen
to
the
place
at
the
time
appointed
.
As
for
the
particular
points
alledged
,
we
answer
:
Pardon
was
offered
upon
condition
of
acquiescing
in
the
Kings
declaration
and
offers
.
But
pardon
importeth
offence
,
which
is
denyed
:
Therefore
the
condition
of
acquiescing
could
not
bee
admitted
,
and
the
offers
in
the
declaration
were
not
satisfactorie
to
their
former
protestations
,
complaints
,
supplications
.
The
Assembly
was
granted
absolutely
without
any
condition
,
least
his
Majestie
should
leave
in
his
subjects
minds
the
least
scruple
,
and
for
setling
a
certain
peace
.
They
protested
that
it
should
be
lawfull
for
them
,
being
authorized
with
lawfull
commission
,
as
at
other
times
,
when
the
urgent
necessitie
of
the
Kirk
requireth
,
so
in
this
exigence
to
assemble
themselves
at
the
dyet
appointed
for
the
Assembly
,
notwithstanding
of
any
impediment
or
prorogation
in
the
contrary
.
Of
the
lawfulnesse
to
conveen
in
Assembly
,
when
there
is
urgent
necessitie
,
we
have
set
down
some
reasons
already
,
and
moe
are
extant
in
print
,
concerning
that
purpose
.
They
had
need
to
fear
the
danger
of
prorogation
,
both
because
the
present
case
could
not
suffer
delay
,
and
doolefull
experience
have
taught
us
,
that
prorogations
from
dyet
to
dyet
ended
at
last
in
no
dyet
,
whereby
the
Kirk
was
bereft
of
her
libertie
to
hold
yearly
Assemblies
which
they
would
now
recover
by
this
indiction
,
taking
it
for
a
re-entrie
.
Their
meetings
or
tables
,
as
the
adversaries
call
them
,
continued
,
because
the
cause
continued
,
preferring
supplications
,
giving
in
complaints
,
attendance
upon
gracious
and
satisfactory
answers
,
and
performance
of
the
same
,
making
Protestations
when
there
was
need
;
and
yet
in
peaceable
manner
not
in
great
companies
,
as
at
the
beginning
,
for
giving
satisfaction
to
the
Lords
of
Councel
.
They
have
offered
to
cleare
the
necessity
of
their
meeting
,
and
their
carriage
before
the
Parliament
to
whom
they
have
appealed
.
They
have
refused
to
subscribe
the
confession
of
faith
again
at
the
King
and
Councels
command
,
after
their
late
subscription
,
for
the
reasons
already
mentioned
;
and
the
band
for
mantainance
of
the
Kings
person
and
authority
;
because
it
is
not
the
same
in
tennor
with
the
old
generall
band
subscribed
anno
1590.
The
narrative
is
changed
,
some
lines
,
designing
the
Papists
and
their
adherents
to
be
the
partie
threatning
danger
to
Religion
and
the
Kings
person
,
are
omitted
,
and
no
other
partie
designed
in
particular
.
So
that
the
band
may
be
used
against
the
Covenanters
themselves
,
who
have
been
taxed
for
disorders
,
disturbers
of
the
peace
of
this
Kirk
and
Kingdome
,
to
the
danger
of
Religion
,
and
prejudice
of
his
Majesties
authoritie
,
as
they
have
complained
in
their
Protestation
.
They
continued
in
seeking
subscriptions
to
the
Covenant
till
the
holding
of
the
Assembly
,
because
of
references
to
the
Assembly
.
His
Majesties
Commissioner
acquiesced
in
their
explanation
of
the
clause
of
mutuall
defence
,
where
they
declared
their
mutuall
defence
of
each
of
other
was
not
for
their
own
privat
quarrels
,
but
only
in
defence
of
the
true
Religion
,
of
the
laws
and
liberties
of
this
Kingdome
,
and
of
his
Majesties
person
and
authority
in
preservation
of
the
same
.
What
further
can
bee
justly
craved
of
them
?
Such
as
were
pretended
Bishops
had
no
warrand
for
voice
in
the
generall
Assembly
,
unlesse
they
be
authorized
with
lawfull
commission
.
The
Superintendents
and
Bishops
presence
of
old
was
required
more
for
their
triall
,
then
any
need
of
their
voice
.
But
the
Assemblies
were
wearied
with
complaints
made
upon
them
,
and
after
many
conferences
and
much
disputation
found
their
office
unlawfull
:
which
was
never
since
approved
by
any
pretended
,
let
be
lawfull
Assembly
.
So
the
custome
of
old
doth
not
serve
such
as
only
pretend
or
usurpe
the
same
office
.
Nor
are
they
capable
,
as
Ministers
,
of
any
commission
from
any
Presbyterie
,
because
they
have
deserted
their
flocks
,
and
have
no
particular
charge
.
For
loppen
Ministers
,
and
usurping
Prelats
should
have
no
place
in
the
generall
Assembly
.
The
act
of
Parliament
discharging
the
impugning
of
any
of
the
three
Estates
,
or
procuring
the
innovation
or
diminution
of
their
power
,
was
made
in
a
troublesome
time
in
the
year
1584.
was
protested
against
when
it
was
proclaimed
,
with
other
acts
.
That
third
Estate
of
Prelats
,
suffered
innovation
and
diminution
of
their
Estat
within
three
years
after
by
the
act
of
annexation
anno
1587.
and
in
consideration
of
the
great
decay
of
the
Ecclesiasticall
Estate
,
these
are
the
words
of
the
113.
act
following
,
the
Commissioners
of
small
Barrons
and
free-holders
were
declared
to
be
members
of
the
Parliament
to
sit
upon
the
articles
,
and
vote
in
publick
to
supplie
that
decay
.
So
there
may
be
three
Estates
without
the
Ecclesiasticall
,
or
Bishops
.
And
the
acts
of
Parliament
following
,
were
made
by
the
Estates
howbeit
there
were
then
no
Bishops
.
Yea
acts
were
made
against
Bishops
as
anno
1592.
Howbeit
Ministers
were
not
Prelats
,
yet
others
who
had
the
Prelacies
voted
as
the
third
Estate
.
For
it
is
in
respect
of
their
Barronies
that
such
as
have
Prelacies
,
vote
in
Parliament
,
whither
they
be
Ministers
or
not
.
By
the
act
of
Parliament
1597.
Ministers
provided
to
Bishopricks
,
Abbacies
,
Priories
,
were
declared
to
have
vote
in
Parliament
,
but
without
the
knowledge
of
the
Kirk
.
When
it
came
to
their
knowledge
,
much
opposition
was
made
,
none
consented
but
upon
conditions
,
which
should
have
been
insert
in
the
act
of
Parliament
:
which
was
to
be
made
for
Ministers
vote
in
Parliament
.
It
is
true
that
anno
1606.
there
was
an
act
for
restitution
of
the
state
of
Bishops
,
but
the
Kirk
repining
:
because
the
conditions
were
not
insert
in
the
act
.
And
many
Ministers
subscribed
a
Protestation
against
the
said
act
;
yet
was
not
the
act
1584.
renewed
,
nor
Bishops
restored
to
their
spirituall
estate
,
nor
were
there
then
any
Bishops
having
any
spirituall
estate
whereunto
they
could
be
restored
,
nor
was
the
whole
third
estate
restored
which
before
was
empaired
.
For
that
third
Estate
consisteth
of
Abbots
and
Pryours
,
as
well
as
Bishops
.
But
how
doth
it
follow
,
that
because
such
as
were
provided
to
Bishopricks
were
restored
to
vote
in
Parliament
,
they
were
thereby
restored
to
vote
in
the
generall
Assembly
;
who
were
not
then
,
nor
yet
to
this
houre
restored
to
the
spirituall
office
of
a
Bishop
.
Or
how
is
the
third
Estate
impugned
by
calling
them
to
censure
or
triall
,
seeing
they
consented
to
the
act
of
their
own
pretended
Assembly
holden
at
Glasgow
,
whereby
they
are
made
lyable
to
the
triall
of
the
generall
Assembly
in
their
life
and
conversation
,
office
,
and
benefice
;
as
also
by
the
tennour
of
the
Kings
Proclamation
,
and
his
Majesties
Commissioners
Declaration
given
in
to
the
last
Assembly
;
bearing
expresly
that
all
and
every
one
of
the
Bishops
and
their
successours
shall
be
answerable
to
,
and
from
time
to
time
censurable
by
the
generall
Assembly
.
Their
consenting
to
that
same
act
of
restitution
is
censurable
,
and
a
point
of
the
libell
given
in
against
them
.
Can
they
not
distinguish
betwixt
the
state
and
the
persons
?
Yea
may
not
the
generall
Assembly
or
any
particulare
Minister
impugne
an
Estate
erected
or
restored
in
name
of
the
Kirk
without
her
consent
,
and
to
the
prejudice
of
her
liberties
?
It
is
a
calumnie
,
that
the
meetings
in
Edinburgh
,
which
they
call
the
tables
,
arrogat
to
themselves
soveraigne
authority
to
determine
all
questions
and
doubts
,
that
can
arise
contraire
to
the
freedome
of
the
Assembly
:
for
they
give
only
their
best
advice
and
opinion
when
it
is
asked
,
and
call
instantly
for
a
rightly
constitute
and
free
Assembly
to
determine
doubts
,
and
settle
this
Kirk
in
peace
.
They
alledge
,
the
Presbyteries
have
losed
their
right
,
if
they
had
any
,
to
direct
Commissioners
to
the
generall
Assemblie
in
so
far
,
as
they
have
deposed
their
Moderators
appointed
by
their
Bishops
in
their
Synods
to
governe
them
,
and
elected
others
in
their
place
contraire
to
the
act
of
Glasgow
1610
▪
and
act
of
Parliament
1612.
It
is
the
hight
of
impudencie
to
call
in
question
the
right
of
Presbyteries
to
choose
their
own
Commissioners
,
which
they
have
ever
had
since
their
erection
.
The
Assembly
holden
at
Glasgow
was
a
pretended
Assembly
and
therefore
any
Presbyterie
might
from
the
beginning
suspended
obedience
to
the
acts
thereof
,
till
it
were
declared
null
in
a
free
generall
Assembly
,
as
it
was
at
this
last
.
The
act
of
Parliament
was
only
an
act
ratifying
the
act
of
that
same
pretended
Assembly
,
and
by
their
own
procurement
,
or
rather
another
act
,
adding
,
omitting
,
altering
the
words
and
clauses
of
that
act
,
and
that
with
their
knowledge
and
consent
,
if
not
by
their
device
and
procurement
.
And
therefore
are
censured
in
this
last
Assembly
for
transgressing
the
caveats
in
this
point
as
in
many
other
.
Put
case
no
just
exception
might
bee
taken
against
the
constitutions
and
proceedings
of
that
Assembly
:
they
fore-falted
their
right
of
appointing
Moderators
to
Presbyteries
at
their
Synods
,
because
whatsoever
power
was
granted
to
them
was
upon
assurance
,
that
we
should
have
yearly
,
or
at
set
times
generall
Assemblies
,
and
that
they
should
be
lyable
to
their
tryall
which
was
not
performed
.
And
therefore
Presbyteries
have
rather
failled
in
that
they
returned
not
sooner
to
their
former
liberty
.
Beside
this
,
the
sometime
pretended
Prelats
deserted
the
Synods
,
and
appointed
substituts
,
who
had
not
the
same
power
to
appoint
Moderators
.
Many
Moderators
dimitted
their
office
of
their
own
accord
,
and
then
the
Presbyteries
according
to
the
act
of
Glasgow
it self
,
had
power
to
choose
their
own
Moderator
.
Many
Moderators
remained
still
unchanged
till
the
last
Assembly
.
But
put
the
case
the
Presbyteries
had
faulted
in
displaceing
their
Moderators
,
the
Bishops
substituts
,
doth
it
follow
that
they
have
fore-faulted
their
libertie
of
choosing
Commissioners
to
the
generall
Assembly
.
Every
transgression
deserveth
censure
or
reproof
,
but
not
deprivation
from
liberties
.
They
alledge
next
that
the
Ministers
choosen
Commissoners
to
this
Assembly
had
not
a
lawfull
commission
because
the
Ministers
did
associat
to
themselves
a
ruling
Elder
out
of
every
Pariosh
,
who
being
ordinarly
the
Lord
of
the
pariosh
or
man
of
greatest
authority
in
the
bounds
,
doth
over-rule
them
both
by
their
authority
and
number
,
being
moe
then
the
Ministers
:
of
whom
some
being
ordinarly
absent
,
and
five
or
six
,
or
so
many
of
them
put
on
the
leit
and
removed
,
there
remaine
but
a
few
Ministers
to
voice
to
the
election
,
the
Presbyteries
formerly
never
associating
to
themselves
lay-elders
in
election
of
Commissioners
to
the
generall
Assembly
,
but
only
for
their
assistance
in
discipline
and
correction
of
manners
,
calling
for
them
at
such
occasions
as
they
stood
in
need
of
their
Godly
concurrence
;
whereas
it
was
expresly
provided
by
act
of
Assembly
1582.
that
they
should
be
fewer
in
number
then
the
Pastors
.
Likeas
these
40.
years
and
upwards
they
have
not
been
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
,
the
only
act
authorizing
Presbyteries
to
send
Commissioners
to
the
generall
Assembly
,
it
doth
no
way
appeare
that
lay-elders
had
any
hand
in
choosing
of
Commissioners
.
It
is
no
new
thing
that
Noblemen
and
Barrons
have
been
choosen
Elders
.
We
finde
that
they
have
been
Elders
in
the
Elderships
of
particular
congregations
soon
after
the
reformation
.
It
were
absurd
to
see
the
Nobility
and
gentrie
best
skilled
for
government
set
aside
,
and
the
meaner
sort
not
so
well
educat
and
able
,
to
rule
over
them
.
The
like
may
be
said
for
Presbyteries
.
It
is
a
needlesse
feare
,
that
they
will
over-rule
the
Presbyterie
by
their
authority
,
Ministers
moderating
the
meeting
,
and
going
before
them
in
reasoning
and
voicing
.
Nor
can
any
such
thing
be
laide
to
their
charge
in
electing
of
Commissioners
to
this
last
Assembly
.
They
can
not
overswey
their
Ministers
by
their
number
,
if
they
will
not
be
deficient
to
themselves
.
If
some
Ministers
be
ordinarly
absent
,
so
may
some
Elders
,
and
it
hath
fallen
forth
so
usually
,
and
doth
so
at
the
same
time
.
That
five
or
six
Ministers
being
put
on
the
leat
and
removed
few
will
remaine
,
so
five
or
six
Elders
being
removed
there
will
be
moe
Ministers
to
choose
the
elder
.
But
what
hindereth
either
the
one
or
the
other
to
voice
to
the
election
of
others
(
howbeit
they
be
put
on
the
leits
)
either
before
,
or
after
their
removell
.
The
number
of
Ministers
is
to
be
considered
according
to
the
number
of
the
Pariosh's
,
not
according
to
their
absence
or
presence
which
is
casuall
,
and
for
the
most
part
there
are
moe
Ministers
in
a
Presbyterie
,
then
can
be
of
elders
,
taking
but
one
out
of
a
Pariosh
.
For
in
some
burghes
there
are
two
or
three
,
or
foure
,
or
eight
Ministers
.
As
for
the
answer
to
the
doubt
proponed
in
the
Assembly
holden
in
April
1583.
In
the
booke
of
Policie
agreed
upon
after
reasoning
and
deliberation
in
many
Assemblies
:
It
was
concluded
there
shall
resort
some
Elders
out
of
every
parosh
to
the
Presbyteries
,
which
importeth
that
moe
then
one
out
of
a
Parosh
may
resort
.
Ministers
were
ordained
to
subscribe
the
book
by
acts
of
the
Assembly
Anno
1590.
and
1591.
And
consequently
after
1582.
Next
that
act
provideth
that
the
proportion
bee
keeped
in
the
fewer
number
;
but
there
was
never
such
a
proportion
determined
,
and
till
it
be
determined
,
it
is
as
good
,
as
no
act
.
For
otherwise
it
should
be
left
to
the
Ministers
of
ever
Presbyterie
,
to
appoint
what
number
they
please
.
Thirdly
,
there
is
more
reason
for
the
conclusion
of
the
book
of
Policie
made
before
,
and
ratified
after
that
act
:
that
as
there
is
one
Minister
sent
from
every
particular
Kirk
,
so
there
should
be
likewise
one
ruling
Elder
at
the
least
;
for
one
Kirk
hath
no
more
priviledge
than
another
.
It
was
ordained
in
the
generall
Assembly
holden
at
Middleburgh
Anno
1581.
that
every
Eldership
of
the
particular
Kirkes
send
to
the
Classes
(
which
wee
call
the
Presbyterie
)
a
Minister
and
an
Elder
,
and
from
every
Classes
to
the
Synod
,
two
Ministers
and
two
Elders
;
So
that
the
number
was
made
equall
,
not
only
in
presbyteries
,
but
in
Synods
also
.
And
Bucerus
in
his
book
De
gubernatione
ecclesiae
page
101.
saith
likewise
,
That
there
is
a
like
number
of
Pastours
and
Elders
sent
to
their
provinciall
Synods
.
It
is
false
,
that
the
ruling
Elders
were
called
to
the
Presbyteries
only
at
such
occasions
as
the
Ministers
stood
in
need
of
their
godly
concurrance
.
For
it
was
ordained
by
the
book
of
Policy
,
that
the
common
Eldership
,
that
is
the
Presbytery
,
should
consist
of
Pastours
,
Doctours
,
and
ruling
Elders
,
and
so
they
were
constitute
at
their
first
erection
.
By
act
of
that
same
Assembly
.
April
1582.
the
Ministers
are
bound
to
exhort
them
to
resort
to
the
Presbyteries
at
all
times
,
but
for
matters
of
weight
to
urge
them
strictly
.
And
who
doubteth
but
the
election
of
Commissioners
to
the
generall
Assembly
entrusted
with
the
common
affairs
of
the
whole
Kirk
,
is
a
matter
of
weight
.
That
the
act
made
at
Dundie
Anno
1597.
is
the
only
act
authorizing
Presbyteries
to
send
Commissioners
to
the
generall
Assembly
,
is
as
false
.
It
hath
been
the
continuall
practise
of
our
Kirk
since
the
erection
of
Presbyteries
,
that
Presbyteries
direct
Commissioners
to
the
generall
Assembly
.
In
April
1582.
We
have
this
direction
.
It
is
not
thought
expedient
that
the
Presbyterie
be
astricted
to
direct
their
Moderatour
to
the
Assembly
,
but
that
they
have
libertie
to
choose
such
as
they
shall
think
meetest
for
the
comfort
of
the
Kirke
.
Whereby
appeareth
that
order
was
established
before
,
that
Presbyteries
direct
their
Commissioners
.
The
act
1597.
then
,
did
not
first
,
or
only
authorize
Presbyteries
with
this
power
,
but
only
circumscribed
the
number
:
Meetest
it
was
that
Presbyteries
should
have
this
power
,
because
they
were
ordinare
Assemblies
,
had
their
power
of
ordinarie
jurisdiction
,
admitting
,
deposing
,
excommunicating
,
and
therefore
had
their
meetings
weekly
,
and
were
upon
all
occasions
readie
to
direct
Commissioners
.
Neither
is
that
act
1597.
the
only
act
authorizing
Presbyteries
to
direct
ruling
Elders
,
or
as
they
call
them
Lay-commissioners
to
the
generall
Assembly
:
For
seeing
Presbyteries
directed
Ministers
in
Commission
,
the
ruling
Elders
could
be
directed
by
none
other
after
the
erection
of
Presbyteries
.
It
was
ordained
in
Iune
1563.
that
every
Superintendent
cause
warne
the
Shyres
,
Townes
,
and
Parosh-kirks
within
his
jurisdiction
,
to
send
their
Commissioners
to
the
generall
Assembly
.
In
Iuly
1568.
it
was
ordained
that
Ministers
and
Commissioners
of
Shyres
should
be
chosen
by
the
Ministers
and
Gentle-men
at
the
Synod
.
After
the
erection
of
Presbyteries
,
wee
finde
them
in
the
register
books
of
the
Assemblies
to
have
been
directed
from
Presbyteries
,
and
specially
Anno
1592.
When
the
act
of
Parliament
was
made
for
ratification
of
the
liberties
of
Assemblies
,
Synods
,
Presbyteries
,
&c.
And
Iuly
1595.
March
1595.
And
Anno
1596.
For
proofe
likewise
see
in
the
Presbyterie
books
of
Edinburgh
,
gentle-men
directed
in
Commission
with
Ministers
Anno
1593.
and
1596.
That
the
ruling
Elders
had
hand
in
the
election
of
Commissioners
when
they
sate
in
the
Presbyteries
appeareth
evidently
:
For
in
the
Assembly
holden
in
Iuly
1568.
Where
order
was
set
down
for
choosing
of
Commissioners
to
the
generall
Assembly
with
power
to
vote
,
it
was
ordained
,
that
Ministers
and
Commissioners
of
Shyrs
bee
chosen
at
the
Synodall
convention
with
consent
of
the
rest
of
the
Ministers
and
Gentle-men
,
meaning
ruling
Elders
.
And
therefore
when
the
Presbyteries
were
created
,
and
had
the
power
to
direct
Commissioners
,
Ministers
,
and
Elders
,
could
not
bee
chosen
,
but
in
like
manner
by
Ministers
and
Elders
common
consent
.
Such
like
when
the
act
1597.
ordained
that
every
Presbyterie
direct
no
moe
Ministers
than
three
,
and
but
one
in
name
of
the
Barons
:
It
is
presupposed
,
that
Presbyteries
directed
them
before
,
but
only
defineth
the
number
.
It
cannot
bee
meant
that
Ministers
shall
choose
Ministers
,
and
the
Gentle-men
Elders
one
in
name
of
the
Barons
,
or
that
Ministers
shall
choose
both
Ministers
and
Barons
,
nor
were
it
reasonble
.
But
it
is
said
of
both
alike
,
that
they
shall
bee
directed
from
the
Presbyterie
.
By
the
booke
of
Policie
the
ruling
Elders
office
and
power
,
is
to
hold
all
sorts
of
Assemblies
,
Presbyterial
,
Synodall
,
nationall
,
with
the
Pastours
and
Doctours
,
for
establishing
good
order
and
execution
of
discipline
,
to
treat
of
things
concerning
the
Kirk
,
to
choose
a
Moderatour
with
common
consent
,
to
send
forth
visitours
for
the
bounds
within
their
jurisdiction
,
in
the
Presbyteriall
meetings
,
to
make
constitutions
for
decent
order
in
their
particular
Kirks
without
prejudice
of
the
rules
set
down
by
provinciall
or
generall
Assemblies
,
to
excommunicat
,
to
elect
and
depose
ecclesiasticall
office-bearers
:
For
these
are
granted
to
Pastours
,
Doctours
,
and
Elders
conjunctly
;
and
as
Ambrose
writeth
upon
1.
Tim.
5.
of
the
Elders
in
the
primitive
times
,
nothing
was
done
without
them
.
Vnde
&
Synagoga
&
postea
ecclesia
,
seniores
habuit
sine
quorum
consilio
nihil
agebatur
in
ecclesia
.
If
they
may
have
an
hand
in
excommunication
,
election
and
deposition
of
office-bearers
choosing
the
Moderatour
,
making
constitutions
,
establish
good
order
,
and
generally
to
treat
of
all
things
which
concerne
the
Kirke
,
ought
they
not
to
have
an
hand
in
election
of
Commissioners
to
the
generall
Assembly
?
Nay
,
rather
in
this
than
in
any
thing
else
.
For
Commissioners
to
the
generall
Assembly
are
intrusted
with
the
common
affairs
of
the
whole
Kirk
,
as
hath
been
already
said
.
They
are
called
ruling
Elders
and
governours
,
not
halfe
or
in
part
,
but
whole
,
and
doth
not
the
choosing
of
Commissioners
belong
to
ruling
and
government
:
Ministers
themselves
doe
not
direct
Commissioners
,
but
as
rulers
.
They
alledge
that
ruling
Elders
sate
not
in
Presbyteries
these
fourtie
years
and
upwards
:
But
the
aspirers
to
prelacies
began
the
rent
in
our
Kirke
fourtie
yeares
since
and
upwards
.
No
wonder
then
suppose
that
,
with
many
other
things
went
out
of
frame
;
so
long
as
unitie
and
integrity
continued
,
they
continued
.
The
times
of
division
cannot
prescribe
against
the
good
order
established
,
and
yet
even
after
the
act
1597.
which
was
made
in
the
yeare
after
division
entered
,
wee
finde
in
the
Presbyterie
books
of
Edinburgh
February
1600.
Commission
given
to
some
Ministers
and
gentle-men
to
the
Assembly
.
And
in
the
Catalogue
of
the
Commissioners
to
the
Assembly
holden
Anno
1601.
Barons
directed
from
Presbyteries
.
Ambrose
complaineth
in
the
place
above-cited
,
that
the
conjunct
government
of
Elders
,
which
was
first
in
the
Iewish
Kirk
,
and
after
in
the
Christian
,
was
worne
out
of
use
,
whither
through
sloughtfulnesse
,
or
pride
of
the
teachers
,
he
cannot
tell
.
Quod
qua
negligentia
absoleverit
,
nescio
;
nisi
forte
doctorum
desidia
aut
magis
superbia
,
dum
soli
aliquid
videri
volunt
.
The
causes
of
our
Elders
forebearing
to
resort
to
the
Presbyteries
may
be
diverse
;
partly
,
the
pride
of
some
Ministers
,
who
would
not
encourage
and
countenance
them
,
as
they
ought
,
and
were
directed
by
the
Assembly
;
that
governing
by
themselves
alone
,
they
might
seeme
some-what
:
partly
,
the
unwillingnesse
of
others
,
loath
that
gentle-men
should
be
made
privie
to
the
trials
of
their
offences
,
as
we
have
heard
there
by
some
of
both
sort
,
and
fear
there
be
some
at
this
present
of
the
same
disposition
;
and
partly
the
division
and
rent
,
which
have
vexed
this
Kirk
these
many
yeares
.
But
seeing
there
was
never
an
ordinance
to
exclud
them
,
and
there
can
be
no
prescription
against
the
word
of
God
,
whereunto
this
order
is
declared
to
bee
consonant
by
act
of
Assembly
holden
in
October
1582.
And
the
book
of
policie
,
the
imminent
danger
to
Religion
,
constrained
them
to
take
their
owne
place
againe
:
By
the
way
I
would
demand
these
ministers
,
who
are
content
they
sit
with
them
in
the
lowest
and
suppreme
judicatorie
,
the
Session
and
generall
Assembly
,
why
they
repine
at
their
association
in
Presbyteries
and
Synods
:
there
can
be
no
sufficient
reason
rendered
;
It
was
the
order
set
down
at
the
concluding
the
constant
policie
,
and
is
the
order
observed
in
other
Kirks
.
The
elders
exercise
not
their
office
fully
but
in
the
presbyterie
,
where
ordinare
jurisdiction
is
exercised
,
the
power
of
excommunication
,
deposition
,
admission
,
&c.
They
except
yet
against
the
Ecclesiasticall
persons
,
meaning
,
Ministers
directed
Commissioners
to
this
Assembly
,
that
they
may
be
justly
thought
unworthie
and
uncapable
of
commission
to
a
free
and
lawfull
Assembly
for
their
behaviour
in
times
by-past
.
First
,
for
that
by
their
sedicious
and
railing
Sermons
and
Pamphlets
,
they
have
wounded
the
Kings
honour
,
and
Soveraigne
authoritie
,
and
animate
his
Lieges
to
rebellion
.
This
is
imputed
to
all
,
but
not
verified
of
any
of
the
number
,
nor
have
they
designed
any
person
in
particulare
.
It
is
sufficient
that
neither
the
Presbyteries
sending
,
nor
the
Assembly
admitting
,
doth
know
any
such
.
Next
,
they
alledge
they
are
knowne
to
bee
such
as
have
been
either
schismatically
refractarie
,
and
opposit
to
good
order
setled
in
Kirke
or
State
,
or
having
promised
,
subscribed
,
and
sworne
obedience
to
theìr
ordìnar
,
have
never
made
conscience
of
their
oath
,
or
contrar
to
promise
and
practise
,
have
resieled
to
the
contempt
of
Authoritie
,
and
disturbance
of
the
Kirke
,
or
such
as
are
under
the
censure
of
the
Kirke
of
Ireland
,
for
their
disobedience
to
order
,
or
under
censures
of
this
Kirk
or
conveened
,
at
least
deserving
to
bee
conveened
before
their
ordinar
,
or
a
lawfull
generall
Assembly
:
for
transgressions
,
deserving
deprivation
.
We
know
none
schismatically
opposit
to
good
order
,
unlesse
they
meane
such
as
have
opposed
to
their
encroaching
upon
the
liberties
of
the
Kirk
;
and
their
shamelesse
usurpation
.
An
oath
should
not
binde
a
man
to
iniquitie
or
impietie
.
The
intrants
did
not
understand
what
was
the
established
order
,
from
which
wee
have
declined
,
nor
foresee
the
intent
of
the
Prelates
,
to
bring
in
so
many
novations
in
Religion
.
The
oath
to
the
ordinar
was
exacted
by
vertue
of
an
act
of
a
null
and
pretended
Assembly
,
and
that
ordinare
was
no
lawfull
ordinare
,
but
an
usurper
.
These
ordinaries
have
exacted
also
oath
and
subscription
to
articles
of
their
own
devising
,
and
maintenance
of
their
usurped
authoritie
,
which
is
a
point
laid
to
their
charge
in
their
lybell
.
The
censures
inflicted
(
if
there
were
any
)
upon
three
or
foure
Ministers
,
Scots-men
,
returning
from
Ireland
to
Scotland
,
were
infflicted
for
adhering
to
our
confession
of
Faith
,
which
manifesteth
them
to
be
faithfull
and
constant
members
of
this
Kirke
,
and
therefore
fit
to
voice
in
her
Assemblies
.
They
gave
satisfaction
to
the
Assembly
by
their
answers
to
the
interrogatories
proponed
to
them
.
Some
of
them
were
thrust
out
by
themselves
,
before
they
went
to
Ireland
.
As
for
such
as
were
under
censure
in
this
Kirk
,
wee
know
none
,
but
such
as
were
censured
by
the
then
pretended
Bishops
in
the
court
of
high
Commission
,
a
judicatorie
erected
without
consent
of
our
Kirke
,
or
of
the
Estates
in
Parliament
,
and
discharged
by
Proclamation
before
they
were
chosen
Commissioners
.
This
is
also
a
point
of
their
lybell
,
the
holding
of
such
courts
,
and
tyrannicall
domination
in
the
same
.
Nor
do
we
know
any
conveened
before
the
pretended
ordinare
,
for
any
offence
which
might
make
them
uncapable
of
commission
.
If
any
deserved
to
be
conveened
before
them
,
or
a
lawfull
generall
Assembly
,
they
should
have
been
processed
before
,
or
warned
to
compeare
before
this
Assembly
:
seeing
a
full
and
free
Assembly
was
indicted
.
But
we
know
none
that
hath
deserved
to
be
conveened
for
any
transgression
deserving
reproofe
,
far
lesse
deprivation
.
The
transgressions
imputed
are
either
falsly
imputed
to
them
,
as
the
uttering
of
rash
and
unreverent
speeches
in
their
sermons
against
his
Majesties
Councel
and
their
proceedings
,
reproving
his
Majesties
laws
and
ordinances
,
using
application
in
their
sermons
;
not
tending
to
edification
,
intruding
themselves
in
other
mens
charges
and
pulpits
without
calling
and
authoritie
,
pressing
the
people
to
subscribe
their
Covenant
,
or
are
no
transgressions
,
as
to
proceed
against
Ministers
to
the
censure
of
suspension
or
deprivation
in
their
Presbyteries
,
opponing
to
the
subscribing
of
a
Covenant
offered
by
his
Majestie
,
and
allowed
by
the
Councel
,
or
holding
of
conventions
,
without
his
Majesties
knowledge
and
consent
;
seeing
the
end
was
for
supplications
to
his
Majestie
,
complaints
,
and
informations
,
and
to
prevent
the
great
alterations
in
Religion
,
which
were
intended
.
They
pretend
that
in
charitie
they
forebeare
to
expresse
the
personall
faults
,
of
which
too
many
of
these
who
were
directed
Commissioners
to
this
Assembly
are
guilty
.
They
have
learned
to
calumniate
boldly
,
upon
hope
that
somewhat
will
stick
in
mens
mindes
.
This
generall
imputation
is
more
uncharitable
,
then
if
they
had
designed
the
persons
and
expressed
the
faults
in
particular
.
But
they
cannot
otherwise
ease
their
own
vindictive
spirits
.
In
the
meane
time
the
Commissions
are
valide
,
suppose
afterward
they
should
prove
them
to
be
such
as
they
alledge
:
and
we
will
not
be
too
credulous
,
namely
when
men
declared
infamous
do
calumniate
.
They
except
next
against
laymens
decisive
voices
.
It
standeth
not
with
reason
,
Scripture
nor
antiquitie
,
say
they
,
that
laymen
should
be
authorized
by
Ministers
to
have
decisive
voices
in
a
generall
Assemblie
.
That
in
the
act
of
Dundie
1597.
whereby
those
Elders
pretend
to
have
this
place
,
there
is
no
warrant
expressed
for
them
to
deliberat
and
determine
.
So
by
laymen
,
they
meane
our
ruling
Elders
,
who
are
not
meer
lay-men
but
office
bearers
in
the
Kirk
,
and
are
called
in
the
book
of
Policie
Ecclesiasticall
persons
.
Next
,
observe
,
that
they
except
not
only
against
the
Assembly
holden
last
at
Glasgow
,
but
also
against
all
the
Assemblies
holden
since
the
reformation
.
For
the
Elders
have
had
power
to
voice
in
Assemblies
from
the
beginning
.
And
the
order
of
choosing
Commissioners
with
power
to
voice
was
set
down
first
anno
1568.
among
which
are
the
Gentlemen
Commissioners
from
shyres
.
There
was
no
need
therefore
to
expresse
the
act
1597.
which
was
concluded
before
anno
1568.
the
7.
chap.
of
the
book
of
Policie
,
and
continually
practised
since
the
reformation
.
The
generall
Assembly
is
called
in
the
book
of
Policie
,
the
generall
Eldership
of
the
Kirk
.
If
their
reason
were
good
,
Ministers
have
no
warrand
by
that
act
1597.
to
voice
in
the
generall
Assembly
.
For
there
is
no
expresse
mention
in
that
act
of
Ministers
power
to
deliberate
and
determine
.
The
truth
is
,
that
act
doth
not
touch
but
presupposeth
the
power
of
both
,
and
only
defineth
the
number
both
of
the
Ministers
and
Barrons
to
be
directed
Commissioners
from
the
Presbyterie
to
the
Assembly
.
So
you
see
,
they
professe
plainly
,
they
do
not
acknowledge
any
of
our
former
Assemblies
in
the
purest
times
,
nor
any
other
in
time
to
come
constitute
after
the
like
manner
,
nor
the
nationall
Councels
in
other
reformed
Kirks
,
for
lawfull
Assemblies
.
It
is
sufficient
for
answer
that
this
Assembly
was
constitute
according
to
the
acts
of
our
Kirk
,
to
which
they
ought
to
be
subject
:
if
there
were
no
more
,
this
one
passage
in
their
Declinatour
deserveth
condigne
punishment
to
be
inflicted
upon
them
,
that
they
dare
so
malapertly
impunge
the
established
order
of
our
Kirk
,
because
they
are
not
able
to
answer
to
an
Assembly
rightly
constitute
.
Yet
howbeit
they
will
not
grant
decisive
voice
to
lay-men
,
they
allow
them
presence
and
assistance
.
So
will
the
Papists
▪
But
they
will
have
them
to
be
allowed
and
authorized
by
the
prince
,
which
condition
is
not
required
by
the
Papists
.
They
allow
that
his
Majestie
in
person
or
by
his
delegats
,
may
see
good
order
keeped
,
have
a
cheef
hand
in
all
deliberations
and
determinations
,
and
may
delegat
by
his
soveraigne
authority
such
lay-men
as
hee
pleaseth
to
have
definitive
and
decisive
voice
,
without
which
delegation
it
is
presumptuous
intrusion
upon
the
Pastorall
charge
.
By
the
act
1597.
which
was
made
by
their
owne
procurement
to
restraine
the
great
number
of
Ministers
directed
from
Presbyteries
,
to
oppose
to
their
corrupted
courses
,
it
was
ordained
that
Barons
or
gentlemen
should
bee
nominat
by
the
Presbyterie
,
and
not
by
his
Majestie
,
and
have
had
after
that
decisive
voice
in
Assemblies
.
How
many
noblemen
and
Barons
,
only
called
for
by
the
kings
letter
and
not
delegat
as
Commissioners
,
have
voiced
at
their
owne
pretended
Assemblies
,
and
helped
to
carie
maters
by
pluralitie
of
voices
?
But
now
it
appeareth
that
after
they
had
served
their
turne
with
them
to
set
them
up
they
were
to
bide
them
a
due
hereafter
.
Ite
for
as
Laici
,
non
est
vobis
Locus
Icy
.
Yea
,
they
intreat
the
kings
commissioners
in
the
words
uttered
by
the
fathers
at
the
councel
of
Chalcedon
.
Mitte
for
as
superfluos
.
Send
forth
the
superflous
.
That
which
was
spoken
to
Clerks
,
and
Monks
,
who
came
to
trouble
the
Councel
,
because
they
had
imbraced
the
errour
of
Eutyches
,
they
apply
to
the
ruling
Elders
,
noblemen
,
and
gentlemen
,
chosen
lawfully
Commissioners
to
this
Assembly
.
For
such
insolent
and
contumelious
speeches
,
they
ought
to
be
severly
censured
,
howbeit
there
had
been
no
libell
given
in
against
them
.
To
the
same
purpose
they
alledge
the
direction
given
by
Pulcheria
,
the
Empresse
to
Strategus
Commander
or
Captaine
of
Bythinia
,
to
drive
by
force
out
of
the
Councel
of
Chalcedon
,
such
Monks
,
Clerks
,
and
Ley-men
,
as
did
but
pester
the
Councel
,
and
suffer
none
but
such
as
the
Bishops
brought
with
them
.
This
also
was
for
avoyding
of
disturbance
.
In
the
meane
time
you
see
that
Lay-men
not
appointed
by
the
Prince
,
but
brought
by
the
Bishops
were
allowed
to
be
present
at
the
Councell
of
Chalcedon
.
But
how
agreeth
that
saying
of
Theodosius
the
younger
,
that
it
is
unlawfull
for
him
,
that
is
not
in
the
ranke
of
the
most
holy
Bishops
to
meddle
with
Ecclesiasticall
treaties
and
affaires
?
It
seemeth
to
crosse
that
,
which
they
granted
before
to
his
Majestie
and
his
delegats
.
For
how
can
he
or
they
,
if
this
be
true
,
have
a
chief
hand
in
all
deliberations
and
determinations
,
or
a
decisive
voice
.
Yea
by
this
saying
Ministers
,
or
preaching
Presbyters
ought
not
to
meddle
with
Ecclesiasticall
affaires
,
for
they
are
not
set
in
the
rank
of
Bishops
.
This
saying
of
Theodosius
is
alledged
by
the
Papists
against
the
definitive
voices
of
Emperours
and
Princes
themselves
.
And
therefore
we
may
conjecture
whereunto
their
course
doth
tend
,
notwithstanding
of
the
faire
shew
they
made
a
little
before
.
But
as
for
that
saying
of
Theodosius
extant
in
the
Councell
of
Ephesus
,
Whittaker
de
conciliis
proveth
it
to
be
forged
,
quia
non
habetur
in
antiquis
exemplaribus
,
It
is
not
extant
in
the
old
copies
,
and
it
is
false
in
it self
.
For
he
did
meddle
.
And
howbeit
Theodosius
was
not
present
himself
at
the
Councell
,
yet
he
sent
Candidianus
,
who
informed
him
of
their
proceedings
.
Thirdly
,
the
words
are
not
rightly
translated
,
for
the
words
are
not
,
the
order
or
rank
of
Bishops
,
but
,
the
catalogue
of
Bishops
:
meaning
that
none
should
meddle
with
the
affaires
and
questions
to
bee
treated
in
the
Councell
,
but
such
as
were
sent
from
their
Kirks
,
and
were
written
up
in
the
catalogue
which
their
Bishops
brought
with
them
.
This
is
observed
by
Iunius
.
For
the
same
respect
which
Theodosius
had
,
Martinus
was
moved
,
say
they
,
to
say
at
the
Councell
of
Chalcedon
,
non
esse
suumsed
Episcoporum
tantum
subscribere
,
that
it
was
not
his
part
,
but
the
Bishops
only
to
subscribe
.
How
could
they
urge
him
to
subscribe
,
if
it
belonged
only
to
Bishops
?
This
famous
man
Martine
was
an
Abbot
,
or
the
father
of
many
Monks
.
He
refused
to
subscribe
,
because
he
favoured
not
the
cause
,
but
the
errour
of
Eutyches
another
Monkish
father
.
Alwayes
we
see
what
Assemblies
they
intended
to
have
had
,
even
just
like
the
Popish
;
Bishops
only
having
decisive
voices
,
and
no
other
Assembly
shall
wee
have
,
if
they
can
attaine
to
their
intent
.
But
to
returne
to
the
point
.
We
let
them
understand
our
Assemblies
are
not
to
be
ordered
according
to
the
patterne
of
these
Monkish
times
.
The
question
is
,
whither
they
will
acknowledge
this
Assembly
to
bee
constitute
according
to
the
constitutions
and
practise
of
our
owne
Kirke
.
But
lest
the
Reader
should
conceive
an
errour
to
bee
in
this
,
that
Lay-men
should
have
decisive
voice
in
Assemblies
,
wee
will
by
the
way
stay
a
little
upon
this
point
.
Their
argument
brought
against
it
is
Bellarmines
,
but
it
is
naught
.
For
if
it
bee
intrusion
upon
the
pastorall
charge
,
the
Prince
can
not
authorize
Lay-men
to
give
decisive
voice
in
Assemblies
,
which
they
granted
before
:
for
that
were
to
intrude
them
into
the
pastorall
charge
.
And
by
the
same
reason
neither
he
nor
his
delegats
can
have
decisive
voice
:
but
the
truth
is
,
it
is
no
intrusion
into
that
pastorall
charge
,
which
is
proper
to
the
Pastor
,
which
is
to
preach
the
word
publickly
and
minister
the
sacraments
.
But
this
is
not
the
end
of
meeting
in
Assemblies
,
but
to
root
out
Heresies
,
redresse
abuses
,
and
deliberate
upon
the
common
affaires
,
which
is
not
the
proper
charge
of
Pastors
,
but
common
also
to
others
endued
with
knowledge
of
the
Scriptures
;
or
as
Doctor
Willets
saith
,
this
office
to
be
performed
in
Councels
;
is
common
to
the
whole
Kirk
.
If
to
feed
be
taken
more
largely
,
and
to
open
up
the
true
sense
of
the
Scripture
,
or
to
refute
Heresies
,
or
mend
abuses
be
to
feed
,
then
others
then
Pastors
may
be
said
to
feed
in
that
large
sense
.
Ministers
in
Assemblies
do
not
feed
as
Pastours
,
but
as
delegat
from
their
Kirks
they
take
heed
that
no
corruption
in
doctrine
,
nor
abuse
in
manners
creep
in
.
But
that
meer
lay-men
,
howbeit
not
ruling
Elders
or
office-bearers
in
the
Kirk
,
may
have
decisive
voice
in
Councels
,
providing
they
be
endued
with
gifts
sufficient
and
be
freely
choosen
by
the
Kirks
of
the
bounds
,
where
they
are
resident
,
is
made
evident
by
Scripture
,
reason
and
antiquity
.
In
the
Councell
holden
at
Ierusalem
act
15.
not
only
the
Apostles
and
elders
,
but
also
other
brethren
had
decisive
voice
.
There
was
much
disputing
v.
7.
and
the
whole
multitude
keeped
silence
v.
12.
whereby
it
appeareth
that
in
the
time
of
the
disputation
many
beside
the
Apostles
and
Elders
spake
.
The
Apostles
,
Elders
and
Brethren
sent
choosen
men
with
Paul
and
Barnabas
to
Antioch
to
make
known
to
them
what
was
concluded
and
agreed
upon
in
the
Councell
23.
and
25.
And
in
common
,
the
Apostles
,
Elders
,
and
Brethren
,
say
,
It
seemed
good
to
the
holy
Ghost
,
and
to
us
,
which
importeth
a
decisive
voice
.
Whereupon
the
Cardinall
Arelatensis
at
the
councell
of
Basile
,
gathered
that
others
then
Bishops
should
have
decisive
voices
in
Councells
,
unde
apparet
alios
quam
Episcopos
in
conciliis
habuisse
vocem
decidentem
.
A
Eneas
Sylvius
lib.
1.
de
concilio
Basileensi
.
But
the
text
beareth
that
others
beside
the
Apostles
and
Elders
wrote
in
their
epistle
,
It
seemeth
good
to
the
holy
Ghost
and
to
us
.
It
seemeth
these
brethren
were
such
as
disputed
and
reasoned
pro
&
contra
upon
the
matter
in
hand'
〈◊〉
〈◊〉
〈◊〉
〈◊〉
〈◊〉
and
placet
were
the
words
used
in
giving
definitive
sentence
in
Councels
.
Next
,
there
is
reason
for
it
.
The
nationall
Councell
or
generall
Assembly
representeth
the
whole
Kirk
of
the
nation
in
a
most
solemne
manner
.
Therefore
it
should
consist
of
men
of
all
ranks
,
and
not
of
Clergie
men
only
.
Bellarmine
compareth
generall
Councels
to
a
Parliament
.
But
persons
of
all
sorts
and
ranks
,
by
the
persons
representing
their
Estate
,
have
voice
in
the
Parliament
.
Naturall
equity
requireth
the
like
to
be
observed
in
nationall
Councels
.
Quod
omnes
tangit
ab
omnibus
tractari
&
approbari
debet
,
That
which
concerneth
all
should
be
handled
and
approved
by
all
.
But
matters
of
Faith
and
manners
the
subject
,
whereupon
nationall
Assemblies
do
treat
are
common
and
concerne
all
,
the
Laitie
as
well
as
the
Clergie
.
It
is
against
reason
that
Ministers
should
lay
a
yock
upon
the
people
without
their
own
consent
and
approbation
.
The
Scripture
is
the
only
supreme
judge
of
all
controversies
in
religion
:
the
Councell
doth
only
interpret
and
point
out
the
sense
and
meaning
of
the
Scripture
,
which
gift
Lay-men
may
have
.
Yea
the
judgement
of
one
Lay-man
agreeing
with
the
Scripture
is
to
be
preferred
before
the
judgement
of
a
whole
Councell
contradicting
the
Scripture
.
And
Gerson
examinat
.
Doctr.
Par.
1.
sayeth
,
any
learned
man
ought
to
oppose
to
a
whole
Councell
,
if
he
perceive
them
to
erre
through
malice
or
ignorance
.
Pastors
are
commonly
chosen
to
sit
in
Councels
,
because
it
is
presumed
that
they
have
the
greatest
skill
in
Ecclesiasticall
matters
.
But
it
may
fall
out
otherwise
:
for
the
gifts
of
knowledge
and
spirituall
wisedome
are
not
precisely
tied
to
them
.
Nazianzen
detested
the
Synods
where
rude
and
ignorant
Bishops
,
whereof
there
were
many
in
his
time
,
did
vote
.
Merito
illas
Synodos
detestabatur
,
in
quibus
Episcopi
suffragia
ferentes
essent
rustici
,
idiotae
,
illiterati
,
nulla
sacrarum
literarum
scientia
praediti
,
nec
in
rebus
sacris
exercitati
,
qui
utique
aequum
judicium
ferre
non
possunt
.
Spalatensis
.
Lib.
7.
cap.
3.
Num.
29.
Marsilius
Patavinus
in
his
Defensor
pacis
part
.
2.
cap.
20.
taketh
GOD
to
witnesse
,
that
he
knew
many
Priests
and
some
Prelats
who
could
not
speak
congruous
latine
:
and
because
the
most
part
of
the
Bishops
and
Priests
had
small
skill
in
the
Scriptures
,
he
wisheth
or
adviseth
a
generall
Councell
to
be
filled
up
with
others
who
were
not
Priests
:
generale
Concilium
etiam
per
non
Sacerdotes
integrari
.
Sic
enim
fecerunt
Apostolicum
senioribus
.
Before
Luthers
time
scarce
one
Bishop
of
a
thousand
could
reade
latine
.
Sibrandus
de
conciliis
P.
44.
It
were
absurde
to
sendignorant
Pastors
and
often
times
ungodly
to
a
Councell
,
and
exclude
learned
Godly
and
wise-men
.
The
Bishop
of
Spalato
saith
,
That
it
is
not
the
title
of
a
Bishop
should
give
him
the
right
of
suffrage
,
and
if
he
be
unfit
,
his
placet
is
ridiculous
.
l.
7.
c.
3.
num.
29.
In
his
7.
book
c.
3
num.
5.
he
proveth
that
Lay-men
may
vote
in
councel
,
for
this
reason
because
they
may
have
the
gift
to
expound
or
open
up
the
meaning
of
the
Scripture
.
Paulus
etiam
Laicos
fideles
agnovit
posse
&
solere
sacram
Scripturam
ex
dono
spiritus
explicare
prophetae
duo
aut
tres
,
&c:
1.
Cor.
4.
29.
As
for
practise
in
ancient
times
,
notwithstanding
of
the
pride
of
the
Clergie
and
superstition
prevailing
,
wee
have
proofe
sufficient
.
Theodoretus
Bishop
of
Cyrus
,
epist.
81.
Required
a
Councel
,
consisting
not
only
of
Bishops
,
but
also
Magistrats
,
and
others
in
dignitie
,
that
are
learned
in
divine
things
,
and
to
declare
plainly
what
is
their
judgement
.
Isidorus
Mercator
,
in
his
order
of
celebrating
Councels
,
saith
,
Deinde
ingrediantur
&
laici
qui
electione
Concilij
interesse
meruerunt
.
Let
lay-men
enter
,
who
by
the
choice
of
the
Councel
,
merite
to
be
present
.
Marcilius
Patavinus
,
in
the
chapter
above-cited
,
alledged
this
place
for
our
purpose
;
and
addeth
,
multo
magis
igitur
literati
&
in
lege
divina
periti
,
quanquam
non
sacerdotes
existant
.
The
decrees
of
the
second
Councel
of
Orenge
were
subscribed
by
Lay-men
of
great
dignitie
,
Laici
etiam
illustres
&
magnifici
viri
subscripserunt
,
Magd.
Cent.
5.
cap.
9.
And
in
the
Synod
holden
at
Cullen
.
Anno
887.
There
were
present
religious
Lay-men
,
with
whose
consent
the
decrees
of
that
Councel
were
promulgat
.
At
the
Councel
of
Metz
holden
under
Arnulphus
were
present
many
Earles
,
and
other
nobles
,
with
other
Lay-men
,
fearing
God
.
In
the
beginning
of
the
first
chap.
we
have
these
words
,
Episcopi
&
Presbyteri
&
fideles
Laici
qui
ante
nos
fuerunt
juxta
sacram
Canonum
authoritatem
saepius
in
Christi
nomine
convenientes
,
justiciam
Dei
statuerunt
,
&
idcirco
suis
diebus
pacem
habuerunt
.
They
tell
us
that
therefore
Fathers
had
peace
in
their
dayes
,
when
Lay-men
conveened
in
Chists
Name
with
the
Clergie
,
and
made
righteous
decrees
.
These
Councels
are
alledged
for
our
purpose
by
the
Bishop
of
Spalato
in
the
chapter
above-mentioned
.
The
Authour
of
the
review
of
the
Councel
of
Trent
,
a
French
Catholick
,
lib.
1.
cap.
8.
Maintaineth
that
from
all
antiquity
Lay-men
have
had
their
place
in
Councels
,
not
only
to
deliberat
,
but
to
determin
also
,
&
alledgeeth
for
his
purpose
not
only
act.
15.
23.
But
also
examples
,
specially
of
councels
holden
in
France
and
Spaine
.
The
French
Synod
holden
An.
742.
hath
these
words
,
By
the
advice
of
the
Churchmen
and
Princes
of
the
Realme
,
We
have
ordained
,
decreed
,
&c.
saith
Carloman
,
Duke
and
Prince
of
the
French
Pepin
,
a
French
Duke
and
Prince
called
another
Synod
at
Soissons
consisting
of
Church-men
and
some
chief
Lay-men
of
the
Realme
,
with
whom
hee
enacted
some
ecclesiasticall
lawes
,
An.
744.
The
councel
of
Meaux
,
holden
under
Charles
the
second
,
An.
845.
maketh
mention
of
some
other
councels
that
consisted
of
clergie
and
lay-men
,
so
were
Earles
&
other
godly
laym-en
,
at
the
councel
holden
at
Pistis
,
a
town
upon
the
river
of
Seyn
,
Anno
963.
Both
Clergie
&
lay-men
flocked
in
great
troups
to
the
councel
at
Tribur
in
France
and
at
the
end
of
that
councel
,
we
have
these
words
,
This
holy
subscription
was
confirmed
and
fairly
approved
by
the
reverend
profession
and
worthie
answers
of
the
Priests
,
Deacons
,
and
Lay-nobilitie
.
At
the
famous
councel
of
Constance
were
present
24.
Dukes
,
140.
Earles
,
divers
delegat
from
cities
and
corporations
,
divers
learned
Lawyers
,
divers
Burgesses
of
Universities
.
At
the
first
councel
of
Pisa
there
were
the
delegats
of
Universities
,
the
Proctours
of
cities
,
and
some
Doctours
in
law
,
to
the
number
of
400.
All
of
whom
(
saith
the
apologie
of
that
councel
)
treating
of
points
in
divinity
,
when
they
had
deposed
the
two
Antipopes
that
contended
for
the
Popedome
,
and
elected
Alexander
the
fifth
,
made
many
good
ordinances
in
the
Kirk
of
God
.
So
at
the
second
councel
of
Pisa
,
there
were
also
the
delegats
of
Universities
`with
sundrie
Doctors
in
law
,
and
other
men
in
great
aboundance
,
well
skilled
in
maters
both
divine
and
humane
.
Many
other
Synods
or
councels
are
cited
in
that
eight
chapter
,
whereunto
we
refer
the
Reader
.
As
for
the
Popish
distinction
of
consenting
and
defining
,
or
determining
;
that
Lay-men
consented
but
did
not
define
or
determine
:
the
reader
may
finde
expressions
in
the
contrare
in
the
examples
above-cited
.
Whittaker
proveth
that
the
Bishops
themselves
subscribed
as
consenting
:
How
ridiculous
it
is
to
grant
them
power
to
debate
upon
or
discusse
any
question
,
and
consent
or
dissent
to
the
determination
,
either
on
the
one
side
,
or
other
,
&
not
to
determin
what
is
that
lesse
?
For
if
the
Clergie
men
have
determined
,
and
the
Laymen
consent
not
,
their
determination
is
frustrat
.
Right
judgement
cannot
be
given
,
but
after
the
discussing
of
the
cause
,
saith
the
Bishop
of
Spalato
in
the
chapter
above-cited
.
Neither
doth
he
admit
some
of
the
councel
to
bee
judges
,
and
others
to
bee
disputers
only
.
Now
seeing
meere
Lay-men
orderly
elected
have
had
,
and
ought
to
have
decisive
voice
in
councels
,
much
more
ruling
Elders
,
seeing
they
are
chosen
out
of
the
laity
as
fittest
to
governe
:
And
if
the
fittest
bee
not
chosen
,
it
is
an
abuse
or
neglect
which
should
be
amended
.
The
Elders
at
the
councel
of
Ierusalem
were
not
only
preachers
,
but
rulers
;
for
the
name
was
common
to
both
,
and
both
are
comprehended
,
where
the
sense
distinguisheth
not
.
If
Bilson
Pag.
180.
comprehend
Deacons
under
the
name
of
Elders
;
with
greater
reason
may
we
the
ruling
Elders
:
and
so
doe
our
Divines
,
Iunius
,
Alstedius
,
and
others
disputing
upon
this
subject
.
Yea
,
Zwinglius
in
his
Epistles
,
taketh
here
Elders
only
for
the
ruling
Elders
.
Alwayes
seeing
the
constitutions
of
the
Eldership
was
directed
from
the
Iewish
kirk
,
the
Kirk
of
Ierusalem
was
in
this
,
as
in
many
other
things
,
a
paterne
to
the
rest
.
This
digression
was
necessarie
,
howbeit
their
acception
toucheth
not
the
point
in
question
to
wit
,
Whither
this
last
Assembly
be
constitute
according
to
the
acts
,
and
established
order
of
our
Kirk
.
They
alledge
,
That
if
the
pretended
Commissioners
,
both
Lay
and
Ecclesiastick
,
were
for
none
other
cause
declinable
,
yet
ought
they
to
bee
declined
,
because
the
most
part
,
if
not
all
the
Commissioners
directed
to
this
meeting
,
have
precondemned
episcopall
government
,
have
condemned
,
at
least
suspended
obedience
to
the
acts
of
the
generall
Assembly
and
Parliament
:
concerning
the
five
articles
of
Perth
,
have
approved
their
Covenant
,
as
most
necessarie
to
bee
imbraced
of
all
in
this
Kingdome
,
and
not
only
have
given
judgement
of
these
things
before
hand
,
but
by
most
solemne
oathes
bound
themselves
to
defend
and
stand
to
the
same
,
as
doth
appear
by
their
Covenant
,
petitions
,
potestations
,
pamphlets
,
lybels
,
and
sermons
;
for
a
judge
probably
suspect
,
may
be
declined
:
and
of
all
probabilities
the
most
pregnant
,
is
,
when
the
judge
before
he
come
to
judgement
,
doth
give
sentence
of
the
things
judged
.
Hitheretill
they
have
declined
the
Commissioners
as
incompetent
judges
,
now
they
decline
them
as
suspect
:
which
is
recusatio
judicis
suspecti
.
Suppose
it
were
true
,
what
is
here
alledged
of
all
or
the
most
part
,
yet
can
they
not
bee
set
,
for
as
it
was
answered
at
the
Synod
of
Dort
,
to
the
Arminians
,
using
the
like
exception
,
that
by
this
reason
Arrius
,
Nestorius
,
Eutyches
,
and
other
like
Hereticks
,
could
not
have
been
condemned
justly
in
the
councels
of
Nice
,
Ephesus
,
Chalcedon
:
because
the
orthodox
teachers
who
had
impungned
their
doctrine
before
,
sate
as
judges
upon
their
doctrine
,
Alexander
Bishop
of
Alexandria
impugned
the
hereticall
opinion
of
Arrius
before
the
Councel
of
Nice
was
convocat
,
and
yet
sate
as
judge
at
the
councel
of
Nice
upon
Arrius
.
Did
not
Cyrillus
sit
in
the
Councel
of
Ephesus
upon
the
Nestorians
?
howbeit
he
had
impugned
their
doctrine
before
.
In
Hassia
when
some
defended
the
Vbiquitars
errour
,
they
were
condemned
in
a
generall
Synod
by
such
as
had
impugned
their
errours
before
,
notwithstanding
of
the
same
exception
.
It
is
no
new
thing
,
but
accustomed
in
the
Kirke
of
God
at
all
times
,
that
when
any
errour
did
spring
up
,
faithfull
Pastours
did
timeously
oppose
both
by
word
and
writ
:
least
it
should
spread
,
and
infect
the
whole
body
:
and
yet
did
not
therefore
forefault
their
right
in
giving
their
voices
in
the
Synods
where
these
errours
were
condemned
.
The
Divins
of
Hassa
defyed
the
Ariminians
to
give
one
example
of
a
lawfull
Synod
that
ever
did
the
like
.
Next
,
suppose
they
had
all
precondemned
episcopall
government
and
the
five
articles
of
Perth
,
they
had
condemned
,
but
that
which
was
condemned
before
by
our
Kirk
,
and
never
retreated
by
any
lawfull
Synod
.
Thirdly
,
the
acknowledgement
of
episcopall
government
and
practise
of
the
five
articles
were
not
absolutely
condemned
by
the
Covenant
.
But
the
acknowledgement
of
the
one
,
and
practise
of
the
other
,
was
suspended
till
the
tryall
of
a
free
and
lawfull
generall
Assembly
,
whither
they
were
contrar
to
the
confession
of
Faith
and
abjured
by
it
,
for
the
satisfaction
of
some
,
who
in
other
respects
did
not
allow
of
them
;
and
being
found
to
be
abjured
by
the
confession
of
Faith
,
as
they
are
found
and
cleared
to
be
at
the
last
Assembly
,
they
are
bound
by
oath
to
stand
to
the
confession
of
Faith
in
all
the
points
of
it
.
Fourthly
,
the
Commissioners
conveened
,
did
not
judicially
condemne
before
,
but
according
to
their
severall
places
and
stations
,
they
gave
warning
of
the
novations
entered
,
in
,
which
hindered
them
not
to
alter
their
minde
,
if
they
had
heard
any
thing
to
convince
them
of
the
contrar
at
meeting
with
others
in
the
Assembly
.
The
examples
alledged
are
to
small
purpose
.
Our
reformers
protested
against
the
Councel
of
Trent
,
not
only
because
Pope
Leo
the
tenth
had
precondemned
Luthers
doctrine
by
his
Bull
dated
the
eight
of
Iune
1520.
and
Paul
the
third
his
successor
,
likewise
by
his
Bull
dated
in
August
1535.
but
also
declared
the
intention
of
their
appointing
to
convocat
that
councel
was
to
root
out
that
new
sprung
up
heresie
.
And
as
it
was
answered
to
the
Arminians
,
that
councel
was
not
a
free
councel
.
The
Prelats
and
other
members
of
that
councel
were
sworne
slaves
to
the
Pope
,
and
had
power
to
determine
nothing
but
what
pleased
him
to
approve
by
his
Nuncioe
.
Our
first
reformers
would
not
be
acknowledged
for
Doctours
of
the
popish
Kirk
,
and
had
made
separation
from
them
before
.
Maximus
patriarch
of
Constantinople
,
refused
to
goe
to
the
councel
of
Antioch
,
because
he
foresaw
he
would
be
constrained
to
the
deposition
of
Athanasius
,
Hosius
of
Corduba
feared
likewise
their
determinations
:
but
it
is
one
thing
to
refuse
presence
,
where
they
feare
ungodly
determinations
:
another
thing
to
decline
the
authoritie
of
a
lawfull
councel
,
when
they
are
cited
to
answere
a
foule
libell
.
It
becommeth
them
to
side
with
persecutours
rather
then
Hosius
,
with
Pope
,
Leo
rather
then
Luther
and
other
reformers
,
of
whom
some
of
them
have
spoken
disdainfully
.
Next
,
there
is
difference
between
an
inferiour
Synod
and
the
supreme
.
The
councel
of
Antioch
was
not
an
oecumenicall
councel
,
which
was
the
supreme
.
The
generall
Assembly
whereunto
our
Prelates
were
cited
,
is
with
us
the
supreme
:
of
which
more
in
the
answere
to
the
next
section
.
Next
they
alledge
,
That
all
,
if
not
the
greatest
part
of
the
pretended
Commissioners
,
have
declared
themselves
partie
to
the
Arch-bishops
and
Bishops
of
this
Kirk
:
for
in
that
they
declined
the
Bishops
to
be
their
judges
as
their
partie
,
as
their
declinatours
,
petitions
,
declarations
,
and
protestations
doe
beare
,
have
they
not
simul
&
semel
&
ipso
facto
,
declared
themselves
to
be
their
parties
partie
,
that
is
the
Bishops
?
And
have
not
only
declined
,
but
persecuted
them
,
by
calumnies
and
reproaches
,
invaded
their
persons
,
opposed
and
oppressed
them
by
unlawfull
combination
:
for
the
subscribing
and
swearing
wherof
they
have
by
their
own
authoritie
indicted
fasts
,
have
by
the
aid
of
the
multitude
entered
in
the
Kirks
of
worthy
men
,
usurped
upon
their
charges
,
caused
read
the
unlawfull
Covenant
,
threatned
or
compelled
some
,
otherwise
unwilling
to
set
their
hand
to
it
;
processed
,
suspended
,
removed
,
obedient
and
worthie
Ministers
by
the
usurped
authorite
of
their
Table
&
Presbyteries
,
notwithstanding
the
defence
of
declinator
&
appellation
was
used
by
not
a
few
in
their
Presbyteries
,
intending
by
this
means
to
disable
them
from
being
Commissioners
,
and
directly
or
indirectly
caused
their
stipends
to
be
keeped
back
,
by
which
means
not
the
least
part
of
the
subscribing
Ministers
hands
hath
been
obtained
to
their
Covenant
.
Seeing
they
have
declared
themselves
partie
,
it
can
subsist
with
no
law
or
reason
that
the
same
persons
shall
be
both
parties
and
Iudges
.
We
answer
,
they
declined
them
as
party
,
when
they
supplicated
and
complained
upon
them
before
the
Lords
of
secret
Councel
.
Was
it
reason
that
they
should
judge
upon
the
complainers
,
or
complaints
made
upon
themselves
?
When
they
covenanted
,
they
suspended
only
acknowledgement
of
their
authority
,
till
the
tryall
of
a
free
generall
Assembly
:
Calumnies
and
unjust
reproaches
we
deny
.
None
of
the
Commissioners
have
hithertils
invaded
their
persons
,
nor
have
any
of
them
been
invaded
by
any
other
,
so
farre
as
we
know
;
But
Master
David
Lyndsay
by
Boyes
and
servant
women
,
when
hee
was
come
from
his
new
Mattins
and
evensong
,
and
as
we
use
to
say
flagranti
crimine
.
Their
conbination
against
them
was
with
reservation
to
triall
.
What
fault
was
there
in
fasting
and
seeking
Gods
blessing
to
the
actions
were
in
hands
,
all
tending
to
reformation
?
where
fore
should
people
be
hindred
from
striking
Covenant
with
God
and
amongst
themselves
for
the
defence
of
Religion
by
the
refusall
of
a
perverse
Minister
?
These
worthie
Ministers
processed
,
suspended
,
or
removed
were
worthily
censured
by
their
Presbyteries
for
their
Arminian
,
and
Popish
doctrine
,
vented
both
in
privat
and
publick
,
to
the
endangering
of
many
souls
,
or
for
their
scandalous
lives
.
Were
these
men
fit
to
be
Commissioners
to
the
generall
Assembly
.
To
decline
the
Presbyterie
as
competent
judges
could
not
be
admitted
,
nor
to
appeall
to
any
but
to
a
free
generall
Assembly
.
These
men
who
declined
the
Presbyteries
have
declined
the
Assembly
,
whereby
we
may
see
upon
what
intent
they
did
decline
.
That
not
the
least
part
of
the
subscribing
Ministers
put
to
their
hand
to
the
Covenant
for
feare
of
keeping
back
their
stipends
,
is
a
meer
calumnie
.
Others
were
postponed
not
for
not
subscribing
,
but
for
neglecting
their
charge
and
wandering
from
their
flocks
.
For
all
then
that
is
here
aledged
,
the
Commissioners
to
this
Assembly
might
lawfully
sit
as
judges
to
the
complaint
,
or
lybell
given
in
against
them
;
seeing
they
were
chosen
and
authorized
by
their
Presbyteries
,
with
commission
to
deliberate
and
voice
in
this
Assembly
.
Next
,
they
were
not
judges
in
any
particular
or
proper
cause
of
their
owne
,
but
in
a
cause
concerned
the
whole
Kirk
.
Therefore
in
making
the
Commissioners
their
partie
,
they
make
the
whole
Kirk
of
Scotland
their
party
.
For
they
had
a
free
commission
from
all
the
Presbyteries
,
according
to
the
order
of
our
Kirk
,
to
make
up
the
representative
of
the
whole
body
.
How
shall
discipline
be
exerced
,
if
such
as
are
guilty
shall
reject
Sessions
,
Presbyteries
and
Synods
as
party
?
but
because
there
may
be
some
time
partiality
in
inferior
judicatories
,
they
may
be
appealed
from
,
but
the
supreme
judicatory
of
the
Kirk
,
the
generall
Assembly
can
not
be
declined
in
a
cause
Ecclesiasticall
and
competent
as
party
,
without
making
the
Kirk
of
Scotland
party
.
The
Arminians
excepted
against
the
Synod
of
Dort
,
that
they
were
both
judge
and
party
,
and
therefore
would
not
submit
to
their
tryall
.
Our
decliners
have
borrowed
this
buckler
from
them
.
But
the
answer
made
to
them
by
the
Divines
at
Dort
may
serve
for
answer
to
our
decliners
;
to
wit
,
that
the
Synod
did
not
consist
of
persons
lying
under
any
Ecclesiasticall
censure
,
that
they
cannot
be
called
a
partie
,
unlesse
all
the
Belgick
Kirks
from
whom
the
Commissioners
were
directed
be
taken
for
party
.
Repraesentant
enim
illis
Ecclesias
,
quarum
credentialibus
instructi
in
hac
Synodo
comparuerunt
.
And
if
the
Belgick
Kirks
be
their
party
,
they
can
not
be
reputed
members
of
their
Kirk
,
but
must
confesse
they
have
made
separation
from
them
,
say
the
Divines
of
Hassia
.
There
can
be
no
lawfull
exception
taken
against
a
Synod
by
the
members
of
these
Kirks
which
do
constitute
the
Synod
.
Pars
minor
pars
nova
,
debent
stare
judicio
corporis
repraesentati
per
Synodum
,
loquentem
mandato
,
ore
,
&
ex
sensutotius
corporis
,
say
the
Divines
of
Geneve
.
Consideration
is
to
be
had
of
times
to
come
,
least
that
such
as
are
guilty
shift
the
ordinary
judicatories
of
Presbyteries
and
Synods
,
and
a
doore
be
opened
to
the
entry
of
sects
and
heresies
,
say
the
Divines
of
Breme
.
In
their
own
proper
and
peculiar
cause
no
man
can
be
both
party
and
judge
,
but
in
a
common
and
publick
cause
it
may
be
say
the
Divines
of
Emden
.
In
a
word
all
the
Divines
at
the
Synod
of
Dort
agreed
upon
these
answers
.
We
answer
in
the
same
manner
.
And
the
decliners
know
very
well
that
the
body
of
this
Kirk
which
directed
the
Commissioners
was
sensible
of
their
usurpation
and
oppression
.
They
make
a
tragicall
outcry
,
that
under
pretence
of
summonds
,
the
like
whereof
was
never
used
,
nor
in
the
like
manner
,
against
the
most
haynous
malefactor
in
the
kingdome
,
they
have
devised
,
forged
,
invented
and
published
a
most
infamous
and
scurrill
libell
,
full
of
impudent
lies
and
malicious
calumnies
,
against
the
Archbishops
and
Bishops
of
this
Kirk
.
Truely
we
hold
them
the
greatest
malefactors
among
us
.
As
for
the
lybell
,
the
most
part
may
be
gathered
out
of
their
own
declinatour
,
and
is
as
evidently
known
to
all
sorts
of
people
within
the
countrey
,
as
that
they
are
Bishops
.
So
that
it
was
questioned
at
the
last
Assembly
,
whither
it
was
needfull
to
lead
witnesses
in
points
notorious
and
as
well
known
as
that
the
Sun
shineth
at
noon-tide
.
Some
personall
offences
were
so
well
proven
,
that
Commissioners
of
all
ranks
were
ashamed
of
their
prophanity
and
lewdnesse
.
Time
served
not
to
stay
upon
the
triall
of
the
rest
,
but
if
they
be
not
silent
,
more
will
bee
verified
to
their
greater
shame
.
If
they
had
been
innocent
,
no
doubt
they
had
compeared
and
adhearing
to
their
declinatour
insulted
:
but
,
howbeit
none
more
impudent
,
they
durst
not
face
the
Assembly
.
They
complaine
that
the
table
prescribed
in
certaine
articles
the
order
to
be
keeped
in
the
citation
and
publick
reading
of
the
lybell
,
according
to
which
directions
the
lybell
was
read
in
sundry
Kirks
,
and
in
Edinburgh
in
all
the
Kirks
,
notwithstanding
of
my
Lord
Commissioners
command
given
to
the
Provest
and
Bailies
to
the
contraire
.
None
took
upon
them
to
prescribe
,
but
only
to
advise
and
informe
what
course
should
be
keeped
for
citation
in
the
surest
and
most
legall
manner
.
Seeing
we
have
been
these
many
years
out
of
use
of
ordinar
Assemblies
,
the
course
to
be
keeped
could
not
be
found
out
by
every
one
till
they
were
informed
.
Neither
were
there
informations
sent
from
the
meetings
at
Edinburgh
to
any
man
,
to
the
knowledge
of
the
Assembly
,
but
were
private
directions
sent
from
hand
to
hand
.
Publick
reading
of
the
lybell
was
needfull
,
not
to
make
their
enormities
known
to
the
people
,
for
they
were
too
well
known
before
,
but
for
the
surest
way
of
citation
,
seeing
my
Lord
Commissioner
refused
to
take
any
sure
course
for
citing
them
:
which
if
he
had
done
,
they
had
not
been
cited
in
so
publick
a
manner
.
Not
but
that
they
deserved
citation
per
proclama
▪
to
be
summoned
by
Proclamation
,
yet
that
manner
was
not
resolved
upon
till
other
means
were
thought
more
difficile
and
not
so
sure
.
As
for
my
Lord
Commissioners
discharge
to
read
the
summonds
in
the
Kirk
of
Edinburgh
,
they
were
read
in
sundry
Kirks
before
the
discharge
was
presented
to
the
Magistrates
.
And
what
reason
was
there
to
stay
citation
of
so
haynous
offenders
to
compeare
before
their
ordinary
judge
?
His
Majesty
had
declared
before
,
that
no
Subject
should
be
exeemed
from
censure
.
But
how
shall
they
be
censured
if
they
be
not
cited
?
Nor
did
the
Commissioner
offer
to
take
another
course
.
So
it
was
evidently
seen
,
their
intent
was
to
frustrat
all
citation
.
They
challenge
them
for
their
proceedings
in
the
citation
.
First
,
because
they
proceeded
against
all
charitie
,
which
delighteth
not
in
the
discovery
of
mens
nakednesse
,
backbiteth
not
with
the
tongue
,
much
lesse
writeth
a
book
against
a
brother
.
Iustice
requireth
that
publick
sins
be
rebuked
publickly
;
they
themselves
laboured
to
frustrat
all
other
manner
of
citation
.
Should
usurpers
oppressors
,
prophane
and
lewd
men
passe
uncensured
through
want
of
citation
.
The
welfare
of
the
Kirk
should
be
dearer
to
us
then
the
reputation
of
seducers
and
undermyners
.
Sould
not
the
house
of
God
be
purged
of
filth
and
dirt
?
Next
,
for
breaking
of
order
,
in
breaking
the
Apostles
rule
and
act
of
Parliament
.
The
apostle
it
is
true
directeth
young
Timothy
not
to
rebuke
sharply
an
Elder
,
but
to
intreat
him
as
a
Father
,
meaning
an
elder
in
years
,
as
appeareth
by
the
opposition
of
young
men
.
The
direction
is
for
privat
reprehensions
,
but
these
that
sin
publickly
or
scandalously
should
be
rebuked
openly
,
whether
they
be
elder
or
younger
.
The
dregs
of
prophannesse
are
more
sowre
and
stinking
in
old
men
then
in
young
.
But
they
have
both
elder
&
younger
among
them
.
So
are
there
of
the
complainers
,
some
younger
,
some
elder
.
Their
third
estate
is
not
impugned
in
all
the
lybell
,
howbeit
their
persons
be
made
lyabell
to
publick
citation
and
censure
,
and
so
the
act
of
Parliament
not
violated
thereby
But
of
that
act
we
have
spoken
sufficiently
alreadie
.
Thirdly
,
for
not
proceeding
according
to
any
lawfull
forme
,
but
specially
against
the
order
prescribed
by
acts
of
the
generall
Assemblies
.
March
1596.
and
April
1592.
For
the
first
it
is
not
transgressed
.
For
the
lybell
containeth
speciall
crimes
sufficiently
instructed
and
notorious
,
ut
nulla
tergi
versatione
celari
possunt
.
Other
crimes
are
subjoyned
wherewith
they
were
slandered
,
which
were
to
be
verified
by
informations
from
the
parts
where
the
slander
did
first
arise
:
of
which
some
were
proven
,
the
rest
lay
over
for
lake
of
time
,
wherein
if
they
please
,
an
other
Assembly
will
insist
.
It
seemeth
rather
they
think
the
lybell
too
speciall
.
Hinc
illae
lachrymae
.
That
Assembly
was
a
corrupt
Assembly
and
began
the
rent
of
our
Kirk
.
Yet
their
act
beareth
no
more
,
but
that
all
summonds
containe
a
speciall
cause
and
crime
,
and
that
none
be
summond
super
inquirendis
.
The
lybell
contained
speciall
causes
,
and
none
of
them
were
summonded
super
inquirendis
.
As
for
the
act
1582.
ordaining
that
in
processe
of
deprivation
of
Ministers
there
be
a
lybelled
precept
upon
fourty
dayes
warning
,
if
they
be
within
the
Realme
,
sixty
,
if
without
,
to
be
directed
by
the
Kirk
,
and
such
Commissioners
as
elect
and
admit
the
persons
complained
upon
,
summoning
them
to
compeare
and
answer
upon
the
complaint
,
and
incase
of
their
absence
at
the
first
summonds
,
the
second
to
be
directed
upon
the
like
warning
,
with
certification
if
he
faile
,
the
lybell
shall
be
admitted
to
probation
,
and
he
shall
be
holden
pro
confesso
.
That
forme
of
proceeding
was
ordained
for
inferiour
judicatories
which
sit
at
frequent
diets
.
For
it
is
ordained
,
that
if
he
compeare
not
at
the
first
citation
,
he
shall
be
summoned
de
novo
with
certification
.
But
the
generall
Assembly
sitting
but
once
in
the
year
could
not
begin
and
end
such
a
proceeding
for
the
space
of
three
year
,
if
this
order
were
to
be
keeped
by
them
.
Next
,
because
that
direction
is
for
them
who
admit
,
but
the
generall
Assembly
doth
not
admit
Ministers
.
Yea
the
persons
summoned
were
never
admitted
to
their
great
benefices
according
to
the
order
set
down
by
the
Assembly
.
Thirdly
,
that
forme
of
proceeding
presumeth
that
the
person
complained
upon
may
be
out
of
the
Realme
or
within
,
but
in
the
remotest
part
,
and
that
they
can
not
be
cited
by
publick
Proclamation
to
compeare
before
inferior
judges
.
But
the
decliners
were
summoned
by
Proclamation
in
the
most
eminent
Kirks
within
the
kingdome
,
to
compeare
before
the
generall
Assembly
,
so
that
these
who
were
within
the
countrey
,
or
neer
the
borders
,
could
not
be
ignorant
of
the
citation
.
Fourthly
,
that
forme
was
for
faults
in
the
office
or
lives
of
Ministers
deserving
deprivation
,
this
for
citation
of
such
as
usurped
jurisdiction
and
tyrannized
over
the
whole
Kirk
,
and
were
banded
together
in
one
common
course
against
the
established
order
and
policie
of
our
Kirk
.
Fifthly
,
the
act
it self
permitteth
appellation
to
the
generall
Assembly
,
if
after
the
decreit
he
finde
himself
wronged
thereby
.
It
is
cleare
then
,
the
act
concerneth
only
citation
before
inferior
judicatories
.
Sixthly
,
diligence
was
used
to
publish
the
summonds
,
as
soon
as
might
be
after
the
indiction
of
the
Assembly
,
and
had
been
execute
sooner
if
the
Commissioner
had
taken
another
course
.
Howsoever
,
there
was
time
sufficient
;
as
appeared
,
in
that
the
citation
come
to
their
knowledge
,
both
those
who
were
within
,
and
those
who
were
without
the
countrey
.
Citatio
contumaciam
juducere
potest
,
si
scientia
citationis
apprehenderit
citatum
,
atque
ita
comperiatur
malitiose
aut
dolose
latitare
.
That
the
citation
come
to
their
knowledge
,
as
well
of
these
without
as
at
home
,
is
cleare
by
subscriving
the
declinatour
,
and
compearance
of
their
procurator
before
the
Assembly
,
whereupon
instruments
were
taken
that
their
compearance
did
justifie
the
citation
.
The
fourth
challenge
is
,
of
proceeding
against
common
equity
,
which
admitteth
summonds
only
by
the
authority
of
that
judge
before
whom
the
delinquent
is
to
compeare
.
But
so
it
is
that
the
summonds
were
directed
by
the
authority
of
pretended
Presbyteries
for
compearance
before
the
generall
Assembly
.
See
their
malapertnesse
in
calling
the
weekly
meetings
of
Ministers
pretended
Presbyteries
,
slighting
the
order
established
with
so
great
deliberation
by
our
Kirk
,
with
consent
and
concurrence
of
the
civill
authority
.
But
for
answer
to
the
challenge
.
They
know
it
hath
been
the
continuall
practise
of
our
Kirk
,
that
inferiour
judicatories
have
cited
delinquents
to
compeare
before
the
superior
,
and
necessare
it
is
so
to
do
,
because
the
generall
Assembly
sitteth
not
frequently
,
nor
may
not
sit
oftner
according
to
the
act
of
Parliament
then
once
in
the
year
,
except
prore
nata
.
If
every
citation
began
at
the
Assembly
for
compearance
at
the
next
,
delinquents
might
persist
in
their
offences
and
perhaps
escape
all
punishment
.
And
as
for
the
present
case
,
there
was
danger
in
delaying
to
the
citation
of
the
Assembly
.
They
complaine
,
That
reference
of
the
complaint
was
made
by
the
Presbyteries
to
the
generall
Assembly
,
the
parties
never
being
summoned
to
compeare
before
the
Presbyterie
,
whereby
either
in
presence
of
the
partie
,
or
in
case
of
contumacie
,
the
complaint
might
bee
referred
to
the
generall
Assembly
.
The
complaint
was
made
upon
breach
of
the
cautions
for
the
most
part
,
and
could
not
be
well
tryed
without
the
tryall
of
pretended
Assemblies
,
whereupon
the
parties
complained
upon
,
would
build
most
of
their
defences
.
Therefore
the
Presbyteries
referred
the
tryall
of
the
complaint
to
the
generall
Assembly
,
as
the
most
able
and
undoubtedly
competent
Iudge
,
without
citation
before
themselves
:
and
as
matters
stood
for
the
present
,
they
could
doe
none
otherwise
,
without
great
disturbance
and
interruption
to
bee
made
by
their
adherents
,
and
assistance
of
civill
power
.
It
was
fit
the
complaint
presented
to
the
Presbyteries
should
be
registrat
in
their
books
,
seeing
it
was
the
ground
of
their
citation
.
Suppose
there
had
been
no
complaint
made
to
the
Presbyteries
,
not
only
some
,
but
all
the
Presbyteries
in
the
Kingdome
might
have
cited
them
to
compeare
before
the
generall
Assembly
:
because
they
pretended
they
were
Pastours
of
all
the
Kirks
within
their
pretended
Dyocies
,
and
Moderatours
of
every
Presbyterie
within
the
Dyocie
,
and
beside
did
many
things
in
common
to
the
prejudice
of
all
the
Kirks
of
the
Realme
by
their
voting
in
Parliament
,
sitting
and
tyrannizing
in
the
high
Commission
,
over-ruling
Assemblies
,
keeping
conventions
of
their
own
,
and
directing
articles
to
Court
,
to
the
prejudice
of
the
Kirk
.
What
suppose
then
they
had
been
cited
not
only
every
one
in
their
own
pretended
Dyocie
,
but
all
of
them
in
all
the
Kirks
in
the
Kingdome
?
seeing
there
was
a
common
cause
,
and
the
persons
complained
upon
,
were
a
faction
combined
to
the
overthrow
of
the
whole
Kirk
.
The
fifth
is
,
That
the
proceeding
was
against
all
decencie
and
respect
due
to
men
in
their
place
,
the
said
Bishops
being
persons
in
dignitie
,
and
some
of
them
of
his
Majesties
most
honourable
privie
Councel
,
known
to
be
of
blamelesse
conversation
,
to
have
deserved
well
:
that
to
be
thus
reviled
and
traduced
,
redoundeth
to
the
reproach
of
the
Church
and
Estate
,
and
Gospel
,
whereof
they
are
preachers
.
So
will
notorious
thieves
standing
in
the
pannell
alledge
boldly
they
are
honest
men
.
Their
dignities
are
abominations
.
They
are
a
reproach
to
the
Kirk
and
Estate
:
they
are
ashamed
of
the
Gospel
,
and
the
Gospell
ashamed
of
them
.
If
tyrants
and
oppressours
may
brag
of
their
deserts
,
then
may
they
also
,
that
they
have
deserved
well
.
And
yet
howbeit
the
publick
citation
hath
tended
to
their
disgrace
,
the
disgrace
was
not
intended
by
the
citation
,
but
tryall
:
howbeit
disgrace
followed
upon
the
manner
of
the
citation
,
because
none
other
sufficient
meane
could
be
had
:
nay
disgrace
and
contempt
preceeded
the
citation
.
Lastly
,
they
charge
the
Commissioners
to
the
generall
Assembly
their
consciences
,
in
the
sight
of
God
,
as
they
must
answer
before
his
great
and
fearfull
tribunall
,
if
they
suspect
,
or
know
not
certainly
according
to
the
judgement
of
charitie
,
these
whom
they
thus
accuse
to
be
free
of
these
crimes
,
where
with
they
were
charged
.
A
bold
and
shamelesse
out-cry
:
for
the
Commissioners
are
so
farre
from
suspecting
them
to
be
free
,
that
they
rather
beleeve
them
to
be
guiltie
of
the
crimes
layed
to
their
charge
respectivè
,
some
of
moe
,
some
of
fewer
,
and
some
of
the
most
odious
.
Their
cariage
is
so
prophane
,
men
of
credit
and
account
are
reporters
,
&
sometime
their
own
familiars
,
&
some
of
the
offences
laid
to
their
charge
,
are
committed
in
the
very
sight
of
the
people
.
They
ground
the
charge
of
their
conscience
upon
this
,
That
having
lybelled
the
generall
,
they
had
to
seek
the
specification
theirof
,
as
appeareth
by
their
articles
,
and
instructions
sent
abroad
.
The
most
and
great
offences
were
notorious
and
common
to
them
all
.
For
other
personall
faults
there
was
loud
slander
,
and
fama
clamosa
.
For
these
in
respect
of
legall
proceeding
,
witnesses
behoved
to
bee
cited
,
and
inquisition
to
be
made
,
which
the
Assembly
since
hath
found
sufficiently
proven
in
sundrie
,
and
would
have
found
more
,
if
time
had
served
:
for
there
was
as
loud
slander
for
other
crimes
not
yet
brought
in
judgement
.
They
ask
,
If
any
man
will
think
that
the
Commissioners
at
this
Assembly
,
can
be
judge
in
their
own
cause
:
They
alledge
a
reason
out
of
the
Canon
law
,
that
if
the
Pope
be
at
variance
with
any
man
,
he
ought
not
to
be
judge
himself
,
but
choose
arbitratours
;
and
some
examples
,
to
wit
of
Ludovicus
Bavarus
and
all
the
estates
of
Germanie
with
him
,
pleading
this
nullitie
against
the
sentence
,
and
proceeding
of
Iohn
22.
and
his
Councel
;
and
of
the
Archbishop
of
Cullen
,
who
in
the
year
1546.
did
plead
the
nullitie
of
Pope
Paul
the
third
his
Bull
of
excommunication
,
because
he
protested
so
soone
as
a
lawfull
Councel
was
opened
,
he
would
emplead
the
Pope
as
partie
,
being
guiltie
of
many
things
censurable
in
the
Councel
.
Would
not
any
man
think
our
decliners
to
be
great
Readers
,
and
well
versed
in
histories
?
And
yet
they
have
borrowed
all
this
stuffe
out
of
the
review
of
the
Councel
of
Trent
,
concealing
the
book
and
chapter
from
whence
.
Wee
know
,
that
inferiour
judges
cannot
be
judges
in
their
own
cause
.
And
therefore
Gregorie
upon
this
ground
reproved
justly
Ianuarius
Bishop
,
because
hee
excommunicated
a
nobleman
Isidorus
,
for
some
injurie
done
to
him
,
23.
quest.
4.
inter
querelas
.
And
yet
cap.
Guillisarius
.
Silverius
anathematized
Guilisarius
,
because
hee
desired
him
to
come
peaceably
to
his
Palace
,
to
deal
with
him
pro
ecclesiasticis
quibusdam
dispositionibus
,
for
things
disponed
to
the
Kirk
,
but
took
him
captive
,
and
banished
him
.
And
2.
quest
.
7.
Si
quis
erga
.
If
any
was
to
complaine
upon
a
Bishop
,
he
is
ordained
to
deal
friendly
with
himself
before
he
complaine
to
the
Primat
or
any
other
judge
,
or
else
to
bee
excommunicat
.
The
glosse
upon
this
last
chapter
distinguisheth
thus
.
If
the
injurie
concerne
the
Prelate
only
or
specially
,
he
may
not
excommunicat
for
that
injurie
:
but
if
it
concerne
the
Kirk
hee
may
.
And
the
glosse
upon
dist.
63.
cap.
Salonitanae
,
maketh
this
cleare
:
If
injury
concerne
principally
the
Prelate
,
then
he
must
forbear
.
But
the
generall
Assembly
is
the
supreme
judge
in
causes
ecclesiasticall
:
neither
doth
the
Assembly
judge
in
their
own
cause
,
but
Christ
and
his
Churches
,
and
concerning
themselves
,
as
members
and
persons
representing
the
collective
bodie
.
But
of
this
wee
have
treated
sufficiently
before
.
It
maketh
nothing
for
them
then
,
that
if
the
Pope
bee
at
variance
with
any
man
he
must
not
be
judge
himself
.
Is
there
no
more
but
variance
betwixt
them
,
and
the
Assembly
?
and
they
a
party
,
some
difference
standing
betwixt
them
and
our
Kirk
,
which
must
be
taken
up
by
arbitrators
?
intolerable
presumption
.
Are
the
liberties
of
Christs
Kingdome
,
but
the
subject
of
some
variance
betwixt
us
and
these
usurpers
?
The
glosse
meaneth
,
that
the
Pope
himself
may
not
take
mens
possessions
or
goods
upon
a
light
opinion
,
that
they
belong
to
the
Kirk
,
till
the
matter
be
decided
.
Non
debet
ipse
esse
judex
&
rem
occupare
.
Glosse
in
Can.
Consuetudo
.
16.
q.
6.
Neither
are
their
examples
to
the
purpose
.
For
the
Emperour
Ludovicus
Bavarus
pleaded
that
nullity
against
the
sentence
and
proceeding
of
Iohn
22.
and
of
his
Councel
,
upon
this
ground
;
that
the
said
Iohn
pretended
to
have
a
plenitude
of
power
over
him
and
his
Empyre
,
even
in
temporall
matters
,
and
did
actually
conspire
against
him
and
the
lawes
of
the
Empyre
,
and
caused
him
to
be
pursued
as
an
enemie
,
as
the
Reader
may
see
in
the
review
of
the
councel
of
Trent
.
Hermannus
Arch-bishop
of
Cullen
being
excommunicat
by
pope
Paul
the
third
,
because
he
was
upon
the
work
of
reformation
of
his
Kirks
,
appealed
from
his
sentence
by
writ
,
wherein
he
setteth
down
his
reasons
why
hee
did
not
acknowledge
him
as
judge
,
because
he
had
been
a
long
time
accused
of
heresie
and
idolatrie
.
Hee
appealed
from
his
sentence
to
a
lawfull
Councel
of
Germanie
,
wherein
he
would
prosecute
his
plea
against
him
as
partie
.
Our
decliners
make
our
nationall
Councel
their
partie
.
Non
credo
quod
à
sententia
Concilij
appelletur
:
quia
concilium
est
loco
senatus
.
16.
quest.
1.
c.
eccles.
habet
Senatum
A
quorum
Senatorum
sententia
non
appellatur
ita
nec
a
sententia
Concilii
,
saith
Antonius
de
Rosellis
par.
3.
cap.
21.
The
nationall
Councel
is
the
supreme
Senat
of
the
Kirk
,
from
which
as
we
may
not
appeal
in
a
cause
competent
,
so
we
may
not
cast
or
refuse
the
same
.
They
complaine
,
that
the
Authours
of
the
late
Protestation
were
injurious
to
their
place
and
authoritie
in
the
Assembly
,
because
they
will
grant
neither
Primat
,
Archbishop
nor
Bishop
voice
deliberative
,
nor
decisive
in
the
generall
Assembly
,
unlesse
they
be
elected
by
the
Presbyteries
.
The
act
above-mentioned
made
Anno
1597.
by
their
own
procurement
,
ordained
that
Ministers
&
Barrons
should
be
directed
with
commission
from
presbyteries
.
We
have
had
no
other
act
since
for
the
choise
of
Commissioners
to
the
generall
Assembly
.
In
the
Assembly
holden
at
Montrose
anno
1600
,
when
the
cautions
were
concluded
,
It
was
statute
and
ordained
,
that
none
of
them
that
shall
have
vote
in
Parliament
,
shall
come
as
Commissioners
to
the
Generall
Assembly
,
or
have
vote
in
the
same
in
any
time
coming
,
unlesse
he
be
authorized
with
commission
from
his
own
Presbyterie
to
that
effect
.
This
act
was
not
annulled
by
their
own
pretended
Assembly
holden
at
Glasgow
;
nor
if
it
had
,
should
it
have
been
of
any
force
:
seeing
it
was
a
null
and
pretended
Assembly
.
As
for
Councels
of
old
,
where
Primats
,
Archbishops
,
and
Bishops
had
place
and
voice
,
they
are
not
the
right
paterne
to
be
followed
by
us
,
as
we
have
already
answered
.
Nor
yet
do
they
make
any
thing
for
them
.
For
these
of
old
were
Primats
,
Archbishops
,
and
Bishops
in
office
after
mans
invention
allowed
for
the
time
.
We
acknowledge
none
such
in
our
Kirk
.
Their
consecration
to
the
office
was
without
the
knowledge
or
consent
of
our
Kirk
,
and
is
laid
to
their
charge
in
the
complaint
given
in
against
them
.
A
knavish
prat.
And
yet
,
forsooth
,
they
talk
as
if
they
were
Primats
,
Archbishops
and
Bishops
in
office
,
like
those
of
old
.
Risum
teneatis
amici
?
But
what
suppose
they
were
acknowledged
to
be
such
in
office
?
should
they
disdaine
commission
from
Presbyteries
?
Paul
and
Barnabas
were
sent
from
the
brethren
at
Antioch
to
the
Councell
which
was
holden
at
Ierusalem
act
.
●5
.
They
alledge
,
that
this
doth
enforce
the
nullity
of
an
Assembly
,
if
the
Moderator
and
Praesident
for
matters
of
doctrine
and
discipline
shall
be
neither
the
Primat
,
Archbishop
nor
Bishop
,
but
who
by
plurality
of
Presbyters
and
Lay-mens
voices
shall
be
elected
,
which
happily
may
be
one
of
the
inferior
clergie
,
or
a
lay-person
.
For
this
their
Presidentship
,
they
alledge
canons
of
ancient
Councels
,
and
custome
of
old
,
both
in
other
nations
and
our
own
not
yet
restrained
by
any
municipall
law
.
Acts
of
parliament
either
of
late
or
of
old
have
not
set
down
any
order
for
moderation
of
generall
Assemblies
or
nationall
Councels
.
Nor
do
we
alledge
the
act
of
Parliament
1592.
ratifying
the
liberty
of
generall
Assemblies
,
provinciall
Synods
,
and
Presbyteries
for
free
election
of
their
Moderators
.
Yet
there
is
nothing
in
that
act
against
free
election
,
or
for
Presidentship
of
Bishops
.
We
had
no
Ministers
primats
,
or
Bishops
,
either
in
stile
or
in
office
at
that
time
.
Yea
the
power
granted
before
to
Bishops
in
that
troublesome
year
1584.
and
soon
after
quite
abolished
,
was
then
granted
by
that
act
to
Presbyters
,
as
the
right
spirituall
office-bearers
in
the
Kirk
.
And
as
for
acts
of
ancient
Councels
,
we
passe
them
as
no
paterns
to
us
,
nor
pertinent
for
them
.
For
we
have
no
such
Bishops
,
primats
or
Metropolitans
,
as
were
of
old
,
as
hath
been
already
answered
.
And
as
impertinent
it
is
,
to
alledge
that
this
presidentship
is
so
intrinsecally
inherent
in
them
as
they
are
Bishops
,
that
hoc
ipso
that
they
are
Bishops
,
they
are
Presidents
of
all
Assemblies
of
the
clergie
:
As
the
Chancelour
of
the
kingdome
hath
place
in
Councell
and
Session
not
by
any
act
or
statute
,
but
hoc
ipso
that
he
is
Chancelour
.
For
we
know
no
difference
betwixt
the
office
of
a
Bishop
and
a
Presbyter
to
be
made
by
the
word
of
God
.
Neither
do
we
acknowledge
our
fourteen
forloppen
Ministers
for
Bishops
in
office
,
so
much
as
by
the
constitutions
of
our
Kirk
.
Yea
when
we
had
Superintendents
and
Bishops
,
yet
the
Moderator
of
the
generall
Assembly
was
freely
chosen
,
and
never
a
Bishop
chosen
but
once
.
It
was
ordained
in
the
book
of
policie
chap.
7.
that
in
all
Assemblies
a
Moderator
shall
bee
chosen
by
common
consent
of
the
whole
brethren
conveened
.
This
freedome
our
Assemblies
ever
had
since
the
reformation
,
till
Spotswod
sometime
pretended
primat
began
to
usurp
the
place
of
the
Moderator
in
their
pretended
Assembly
holden
anno
1616.
Suppose
the
act
of
Parliament
1592
did
restraine
their
authority
,
yet
say
they
,
the
restraint
is
restored
by
act
of
Parliament
1606.
and
1609.
and
all
acts
prejudiciall
to
their
jurisdiction
abrogat
.
But
that
act
of
Parliament
anno
1606.
concerning
the
restitution
of
the
state
of
Bishops
can
not
be
understood
to
concerne
the
spirituall
office
,
but
only
their
temporall
state
,
jurisdiction
,
priviledges
and
preheminences
belonging
thereto
.
For
by
the
act
of
Parliament
1597.
when
vote
in
Parliament
was
granted
to
Ministers
provided
to
Prelacies
,
their
office
in
the
spirituall
policy
and
government
of
the
Kirk
was
remitted
to
the
Kings
Majestie
to
be
advised
,
consulted
,
and
agreed
upon
by
his
Majestie
with
the
generall
Assembly
,
at
such
times
as
his
Majestie
should
think
expedient
to
treat
with
them
thereupon
.
But
there
past
no
agreement
before
the
act
of
Parliament
1606.
but
rather
cautions
to
restraine
them
from
all
preheminence
or
power
in
the
spirituall
policie
and
government
.
And
in
the
act
of
Parliament
1612.
which
ratified
the
act
of
Glasgow
1610.
the
remit
of
the
estats
in
the
Parliament
1597.
was
mentioned
,
and
it
was
declared
,
that
all
doubtfull
and
controverted
points
concerning
the
jurisdiction
,
discipline
,
and
policie
foresaid
,
was
not
determined
till
that
Assembly
holden
1610.
How
then
could
the
act
of
restitution
anno
1606.
be
understood
of
restitution
to
their
old
papall
preheminence
and
jurisdiction
in
the
policie
and
government
of
the
Kirk
?
Next
,
if
they
were
restored
to
all
their
old
preeminences
in
the
spirituall
jurisdiction
and
policie
by
the
act
1606.
what
needed
they
any
Assembly
afterward
to
grant
them
some
preheminence
in
ordination
and
jurisdiction
?
Why
stepped
not
the
pretended
Primat
to
the
place
of
Moderatorship
at
their
own
pretended
Assemblies
holden
anno
1606.
1608.
1610.
without
election
?
Thirdly
,
how
could
the
Parliament
restore
them
to
any
spirituall
jurisdiction
or
preheminence
,
who
never
had
it
at
any
time
before
?
For
they
had
not
been
Bishops
in
office
at
any
time
before
,
that
they
needed
restitution
.
Will
they
say
,
because
they
had
the
titles
of
the
benefice
or
Bishoprick
,
the
Parliament
might
put
them
in
possession
of
the
spirituall
jurisdiction
,
and
enter
them
into
the
office
;
then
the
Papists
may
be
moved
more
justly
to
call
them
Parliamentarie
Bishops
,
then
the
English
in
the
beginning
of
Queen
Elizabeths
raigne
,
who
because
of
some
rites
and
customes
omitted
at
their
inauguration
,
sought
the
ratification
of
the
Parliament
for
supply
,
as
Sanderus
de
schismate
Anglicano
lib.
3.
reporteth
,
and
therefore
were
called
parliamentary
Bishops
.
Hinc
nomen
illis
impositum
,
ut
parliamentarij
episcopi
dicerentur
.
In
their
printed
Declinatour
they
alledge
a
little
after
in
the
same
section
,
that
they
have
received
their
authority
not
from
the
Parliament
,
but
from
Christ
,
from
whom
they
have
received
the
spirituall
oversight
of
the
clergie
under
their
charge
.
This
clause
is
not
to
be
found
in
the
Declinatour
presented
before
the
Assembly
in
writ
,
but
insteed
thereof
two
lines
bloted
out
.
Now
it
seemeth
they
are
somewhat
bolder
after
they
have
consulted
with
their
brethren
in
England
,
who
now
mantaine
that
their
authority
is
not
derived
from
the
Prince
.
But
suppose
the
episcopall
authority
were
institute
by
Christ
,
which
is
false
;
what
calling
had
they
to
exerce
that
authority
?
They
had
none
from
the
Kirk
.
And
if
not
from
the
Parliament
,
then
none
at
all
.
And
yet
before
they
said
their
authority
was
restored
to
them
by
act
of
Parliament
1606.
which
seemeth
to
import
a
contradiction
:
And
suppose
,
from
the
Parliament
,
as
good
as
not
at
all
.
As
for
the
act
of
Parliament
1609.
concerning
the
Commissariats
,
it
reacheth
no
further
then
the
former
.
Their
consent
to
both
these
acts
in
Parliament
and
sundry
other
,
is
one
of
the
points
of
the
complaint
given
in
against
them
.
Nay
they
procured
them
,
and
yet
are
not
ashamed
to
alledge
them
,
howbeit
to
small
purpose
.
Being
destitute
of
acts
of
Parliament
or
Assembly
,
they
argue
from
their
presidentship
in
Synods
,
that
one
of
them
in
absence
of
the
Metropolitan
should
preside
in
the
generall
Assembly
,
rather
then
one
of
the
inferiour
clergie
.
It
is
true
,
by
an
act
of
Assembly
holden
at
Glasgow
anno
1610.
those
who
were
stiled
Bishops
in
respect
of
their
benefices
,
were
constitute
Moderators
of
the
diocesan
Synods
,
and
that
act
was
ratified
in
Parliament
anno
1612.
But
that
ratification
was
upon
supposition
,
that
the
Assembly
was
free
and
lawfull
,
and
was
desirous
of
that
ratification
:
none
of
which
are
they
able
to
make
good
.
Next
when
we
had
Bishops
and
Superintendents
Moderators
of
Synods
,
the
generall
Assembly
choosed
others
then
Superintendents
or
Bishops
to
moderat
.
By
the
cautions
at
Montrose
it
was
provided
,
that
the
Minister
voter
in
Parliament
should
not
arrogat
to
himself
any
further
preheminence
or
jurisdiction
then
any
of
the
rest
of
their
brethren
,
under
the
paine
of
deprivation
.
Where
it
was
alledged
falsly
in
the
falsified
act
of
that
null
and
pretended
Assembly
holden
in
December
anno
1606.
that
they
should
be
Moderators
of
Synods
,
yet
to
make
men
beleeve
that
they
were
moderat
and
sought
no
further
,
it
was
provided
in
that
same
falsified
act
,
That
the
Moderator
of
the
generall
Assembly
be
chosen
by
the
voices
of
the
said
Assembly
,
certaine
leets
beeing
first
nominated
and
propounded
freely
,
as
use
hath
been
in
times
by-past
.
So
,
by
their
own
grant
,
it
followeth
not
that
one
of
the
Bishops
moderating
the
diocesan
Synod
should
preside
in
the
generall
Assembly
in
absence
of
the
Metropolitan
himself
,
whose
name
was
not
so
much
as
heard
of
in
their
own
pretended
Assemblies
.
They
answer
to
that
which
is
alledged
against
the
office
of
a
Bishop
out
of
the
act
of
Assembly
holden
anno
1580.
where
it
was
declared
,
that
it
had
no
ground
or
warrand
out
of
the
Scriptures
:
First
,
that
if
the
corruption
of
the
time
shall
be
regarded
,
the
authority
of
this
Assembly
might
be
no
lesse
regarded
then
that
of
Glasgow
1610.
This
is
transcendent
impudencie
.
Were
the
times
corrupt
?
Were
not
all
the
heads
of
the
book
of
discipline
concluded
after
free
reasoning
in
many
Assemblies
preceeding
?
Was
not
the
election
of
Commissioners
free
?
Was
not
liberty
granted
to
any
man
that
was
willing
to
oppone
?
Was
there
any
rent
or
division
in
our
Kirk
in
those
times
?
Was
not
the
same
act
ratified
in
the
Assembly
following
?
Was
not
the
confession
of
Faith
subscrived
by
persons
of
all
ranks
soon
after
,
and
Presbyteries
erected
?
did
not
our
kirk
adhear
to
that
act
still
after
?
So
,
if
that
time
was
corrupt
,
the
purest
and
best
times
following
were
corrupt
.
Was
ever
that
act
contradicted
by
any
other
act
since
that
time
to
this
houre
?
But
observe
,
whiles
without
all
shame
they
would
empaire
the
authority
of
that
Assembly
,
they
suffer
of
their
own
accord
their
own
pretended
Assembly
holden
at
Glasgow
1610.
to
fall
to
the
ground
.
Next
,
they
say
,
it
is
ordinare
for
prior
acts
of
Assemblies
and
Parliaments
to
give
place
to
posterior
.
But
we
mantaine
there
was
no
act
followed
to
repeale
the
former
.
If
they
will
alledge
the
act
of
Glasgow
1610.
First
,
that
Assembly
is
not
to
be
numbred
among
the
Assemblies
of
our
Kirk
,
and
was
declared
null
at
this
last
Assembly
upon
grounds
unanswerable
.
Next
,
that
same
corrupt
Assembly
did
not
determine
or
declare
the
office
of
a
Bishop
to
have
any
warrand
out
of
the
word
,
nor
did
they
restore
that
office
as
it
was
brought
in
by
mans
invention
,
and
used
of
old
,
but
only
made
Synods
and
Presbyteries
obnoxious
in
ordination
,
deprivation
,
excommunication
,
and
some
other
points
,
to
these
who
were
then
stiled
Bishops
in
respect
of
their
benefice
,
and
not
Bishops
in
office
,
yet
not
without
limitations
and
upon
assurance
,
that
they
should
be
lyable
to
the
tryall
and
censure
of
the
generall
Assembly
.
But
they
alledge
the
Assembly
holden
anno
1586
,
where
it
was
found
that
the
name
of
a
Bishop
hath
a
speciall
function
annexed
to
it
by
the
word
of
God
,
that
it
was
lawfull
to
the
generall
Assembly
to
admit
a
Bishop
presented
to
a
benefice
by
the
King
with
power
to
visite
admit
and
deprive
Ministers
,
to
be
Moderators
of
Presbyteries
,
and
to
be
subject
only
to
the
censure
of
the
generall
Assembly
.
Neither
was
the
office
of
a
diocesan
Bishop
declared
by
this
Assembly
to
have
any
ground
or
warrand
in
the
word
,
or
that
any
might
be
consecrat
thereafter
to
such
an
office
invented
by
man
.
Yea
that
Assembly
declared
in
the
sixth
Session
,
that
there
are
foure
ordinare
office-bearers
set
down
to
us
in
the
Scriptures
,
to
wit
,
Pastors
,
Doctors
,
Elders
and
Deacons
,
and
that
the
name
of
Bishop
ought
not
to
be
taken
as
it
hath
been
in
time
of
Papistrie
,
but
is
common
to
all
Pastors
.
In
the
tenth
and
eleuenth
Session
,
they
declare
that
by
the
name
of
Bishop
they
meane
only
such
a
Bishop
,
as
is
described
by
the
Apostle
.
They
declare
that
the
name
of
Bishop
hath
a
speciall
charge
and
function
annexed
to
it
by
the
word
of
God
,
the
same
that
the
Pastor
hath
.
They
declared
then
that
Bishop
and
Pastor
are
all
one
,
and
that
a
divine
or
apostolicall
Bishop
is
the
Pastor
of
a
particulare
flock
,
and
hath
not
a
generall
charge
over
a
whole
diocie
.
It
is
true
,
they
assented
at
that
time
that
it
was
lawfull
to
admit
a
Pastor
,
Bishop
or
Minister
presented
to
a
benefice
by
the
Kings
Majestie
,
with
power
to
visite
admit
&c.
as
said
is
.
But
then
consider
,
this
Assembly
was
the
first
which
was
holden
after
the
desolation
made
anno
1584.
and
1585.
and
consisted
not
only
of
none
subscribing
Ministers
,
but
also
of
many
who
had
subscribed
in
that
houre
of
darknesse
as
Bishop
Adamson
afterward
called
these
two
years
of
desolation
preceeding
:
And
yet
did
not
allow
more
to
him
who
was
admitted
to
the
Bishoprick
then
to
any
other
Minister
to
whom
they
gave
the
like
power
,
and
with
the
same
restrictions
which
were
prescribed
to
others
,
and
only
till
further
order
were
taken
:
as
that
in
visitation
of
the
bounds
limited
to
him
,
he
proceed
by
advise
of
the
Synod
,
and
such
as
they
shall
appoint
to
him
;
that
in
receiving
presentations
and
giving
collations
he
shall
proceed
by
the
advice
and
voice
of
the
Presbyterie
,
and
certaine
Assessors
to
be
joyned
with
him
,
at
the
least
the
most
part
of
the
Presbyterie
and
Assessors
,
till
further
order
may
be
taken
;
that
if
he
admit
or
deprive
without
consent
of
the
most
part
of
the
Presbyterie
it
shall
be
a
sufficient
cause
of
deprivation
,
and
the
deed
shall
be
null
.
So
this
power
and
preheminence
was
not
in
respect
of
any
Episcopall
office
,
but
by
commission
from
the
Assembly
,
as
was
granted
to
other
Ministers
,
and
during
the
time
prescribed
by
the
Assembly
,
and
only
till
further
order
were
taken
.
And
indeed
this
shadow
of
preheminence
granted
first
at
a
conference
in
Haly-rude-house
not
long
before
,
by
some
courting
and
chief
subscribing
Ministers
,
&
now
again
at
this
Assembly
,
endured
not
long
.
For
in
the
Assembly
holden
in
Iune
1587.
the
admission
of
one
to
the
Bishop-rick
of
Glasgow
by
the
brethren
of
the
west
,
was
declared
unlawfull
,
neither
agreeing
with
the
word
of
God
nor
custome
of
the
Kirk
,
howbeit
it
was
only
to
the
temporality
,
and
these
brethren
were
enjoyned
with
all
possible
diligence
to
see
that
admission
annulled
,
that
slander
may
be
removed
from
the
Kirk
,
as
they
would
answer
upon
their
obedience
.
At
the
same
Assembly
Mr.
Robert
Pont
related
to
the
Assembly
,
that
a
presentation
to
the
Bishoprick
of
Cathnesse
was
offered
to
him
,
for
some
losse
he
had
sustained
;
and
desired
the
judgement
of
the
Assembly
,
if
he
might
enjoy
the
rent
with
a
safe
conscience
,
seeing
he
was
willing
to
serve
at
the
Kirk
of
Dornoch
,
and
to
take
the
charge
of
visitation
at
the
pleasure
and
direction
of
the
Assembly
.
But
in
the
letter
sent
to
his
Majestie
the
Assembly
declared
that
Mr.
Robert
Pont
was
already
a
Bishop
according
to
the
doctrine
of
St.
Paul
,
and
worthy
of
a
competent
living
in
that
regarde
.
But
as
for
that
corrupt
estate
or
office
of
those
who
were
called
Bishops
in
former
times
,
they
finde
it
not
agreable
with
the
word
of
God
,
and
that
it
hath
been
damned
in
diverse
Assemblies
;
neither
is
the
said
Mr.
Robert
willing
to
accept
the
Bishop-rick
in
that
manner
.
In
the
same
Assembly
it
was
ordained
,
that
all
Pastors
of
whatsoever
sort
shall
be
subject
to
the
try
all
and
censure
of
their
Presbyteries
and
Synods
for
their
life
and
doctrine
,
as
well
as
of
the
generall
Assemblies
;
That
such
as
passe
degrees
in
schools
subscribe
the
confession
of
Faith
.
In
the
instructions
for
the
Commissioners
appointed
to
attend
upon
the
King
and
Parliament
,
they
were
injoyned
to
admit
nothing
prejudiciall
to
the
discipline
of
the
Kirk
,
as
it
was
concluded
according
to
the
word
of
God
by
the
generall
Assemblies
preceeding
the
1584.
year
,
so
far
as
lay
in
their
power
.
In
the
Parliament
holden
the
moneth
of
Iuly
following
,
the
temporality
of
benefices
was
annexed
to
the
crown
,
and
it
was
thought
meet
and
expedient
that
his
Highnesse
shall
have
recourse
to
his
own
patrimonie
,
that
is
the
proper
rent
of
the
crown
disponed
of
old
to
the
Clergie
and
Monasteries
.
All
and
sundry
lands
,
Lordships
,
Barronies
,
Castles
,
Towres
,
&c.
Pertaining
to
Archbishops
,
Bishops
,
Abbots
,
Priors
,
Pryoresses
or
whatsoever
other
Prelat
were
annexed
and
united
to
the
crown
.
In
the
Assembly
holden
anno
1588.
Ministers
were
enjoyned
to
deale
with
Noblemen
and
Gentlemen
for
subscribing
the
confession
of
Faith
.
In
a
word
the
servants
of
God
never
rested
till
the
wound
,
which
the
Kirk
had
received
anno
1584.
and
1585.
was
perfectly
cured
,
and
not
so
much
remained
as
the
skar
thereof
.
Yea
that
any
Minister
should
be
appointed
a
visitour
at
any
time
where
Presbyteries
were
constitute
,
was
not
thought
expedient
,
as
was
declared
by
the
Assembly
1590.
As
for
that
act
of
Montrose
,
let
them
answer
to
it
,
say
they
,
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
Cathedrals
,
and
consecration
of
Bishops
,
with
his
Majesties
consent
and
approbation
,
according
to
the
lowable
laws
and
ancient
custome
of
this
Kingdome
and
Kirk
in
ancient
times
.
Because
they
see
they
are
not
able
to
answer
for
the
breach
of
the
cautions
;
concluded
with
consent
of
his
Majestie
,
and
the
Ministers
aspiring
to
Prelacies
,
they
professe
plainly
they
regard
not
these
cautions
,
and
that
they
have
not
their
calling
by
that
commission
at
Montrose
.
The
Minister
commissioner
to
vote
in
Parliament
,
was
tyed
by
the
act
at
Montrose
,
not
to
encroach
upon
the
jurisdiction
of
the
Kirk
,
but
to
behave
himself
as
other
Ministers
not
voters
in
Parliament
.
The
plotters
for
Episcopacie
consented
and
seemed
willing
he
should
be
so
bounded
and
restrained
,
glade
of
any
beginning
.
Now
when
they
arrogat
to
themselves
the
power
and
office
of
a
diocesan
Bishop
and
are
catched
in
the
snare
,
they
refuse
to
stand
to
that
act
.
So
they
bewrey
that
they
had
even
then
a
purpose
to
deceive
and
betray
the
Kirk
of
GOD.
and
because
they
are
not
able
to
answer
,
let
them
answer
,
say
they
,
that
have
their
calling
by
that
commission
.
They
said
in
the
former
section
,
that
posterior
act
derogat
from
the
prior
,
now
they
make
prior
acts
to
derogat
from
the
posterior
.
For
they
professe
that
they
have
their
calling
by
election
of
the
chapter
and
consecration
of
Bishpos
according
to
the
lawes
and
customes
of
ancient
times
.
They
can
not
deny
,
but
chapters
of
Cathedrals
and
election
of
Bishops
by
chapters
were
condemned
by
our
Kirk
as
Popish
,
and
the
office
of
a
diocesan
Bishop
or
consecration
to
the
office
to
have
been
damned
and
detested
by
our
Kirk
.
They
can
not
so
much
as
alledge
a
warrand
of
any
of
their
own
pretended
Assemblies
for
their
election
by
chapters
,
or
this
their
consecration
.
Three
of
their
own
number
went
to
England
after
their
own
pretended
Assembly
holden
at
Glasgow
,
and
without
their
knowledge
or
consent
,
were
consecrated
Bishops
by
their
brethren
the
English
Bishops
,
returned
and
consecrated
the
rest
of
their
fellows
.
But
for
the
breach
of
these
cautions
,
manner
of
election
,
and
the
usurpation
of
that
office
by
consecration
,
that
is
,
for
their
treacherous
dealing
,
they
are
cited
to
answer
before
the
Assembly
,
and
are
worthy
of
condigne
censures
and
punishment
,
deprivation
,
note
of
infamie
,
and
excommunication
,
the
three
punishments
to
be
inflicted
respectivè
for
transgressing
of
the
cautions
.
Have
they
not
by
their
own
profession
in
this
section
confessed
they
are
guilty
of
the
most
haynous
offences
laide
to
their
charge
in
the
lybell
?
We
passe
that
which
they
adde
concerning
their
homage
for
their
temporalities
,
and
acknowledging
of
the
Kings
supremacie
,
as
not
pertinent
to
the
present
purpose
,
and
the
complaint
taken
out
of
Cyprian
,
as
not
belonging
to
usurpers
.
Lastly
,
they
conclude
,
that
it
is
manifest
by
the
premisses
,
how
absurde
it
is
,
and
contrarie
to
all
reason
and
practise
of
the
Christian
Kirk
,
that
Archbishops
and
Bishops
shall
be
judged
by
Presbyters
,
much
more
by
a
mixed
meeting
of
Presbyters
and
Laikes
conveening
without
lawfull
authority
from
the
Kirk
.
By
the
Kirk
it
seemeth
they
meane
the
Bishops
.
They
cite
some
old
Councels
,
declaring
and
determining
how
and
by
whom
Archbishops
and
Bishops
are
to
be
judged
.
But
it
is
manifest
by
our
refutation
of
the
premisses
,
that
this
Assembly
consisted
of
Commissioners
both
Ministers
and
ruling
Elders
,
whom
they
call
Lay-men
,
chosen
according
to
the
order
of
our
Kirk
,
and
that
meetings
of
Clergie
and
Lay-men
have
been
not
only
in
the
Apostles
times
,
but
also
in
times
of
Popery
,
and
that
we
are
not
to
be
directed
by
the
Canons
of
these
Councels
which
they
cite
,
but
by
the
established
order
and
Canons
of
our
own
reformed
Kirk
,
which
are
agreeable
with
the
practise
of
the
Apostolicall
and
best
reformed
Kirks
in
our
time
.
Semper
petunt
principium
.
They
take
that
for
granted
which
is
denyed
.
That
they
are
Archbishops
and
Bishops
,
It
is
not
only
denyed
but
they
are
summoned
to
answer
for
usurping
such
offices
.
They
pretend
,
that
none
of
them
will
decline
the
lawfull
tryall
of
any
competent
judicatory
in
the
kingdome
,
especially
of
a
generall
Assembly
lawfully
constitute
,
or
his
Majesties
Commissioner
,
or
Laicks
having
authority
and
commission
from
soveraigne
authority
.
They
will
be
sure
to
have
such
a
judge
as
shall
acquite
them
or
none
at
all
;
An
Assembly
like
to
their
own
pretended
Assemblies
.
Seeing
the
whole
pack
of
them
are
complained
upon
,
and
for
crimes
common
to
them
all
,
where
shall
we
finde
other
Bishops
and
Metropolitans
to
sit
in
judgement
upon
them
?
What
needeth
any
further
answere
,
but
that
it
is
manifest
by
sundry
passages
of
this
their
Declinator
that
they
will
not
,
and
because
guilty
,
dare
not
,
stand
to
the
judgement
of
a
generall
Assembly
constitut
as
the
last
was
according
to
the
established
order
and
practise
of
our
Kirks
and
therefore
are
justly
cut
off
as
rotten
members
from
the
body
.
After
the
reasons
of
their
Declinator
and
refusall
of
the
judgement
of
the
Assembly
,
they
come
to
their
protests
.
First
,
for
the
reasons
foresaid
,
and
for
discharge
of
their
duty
to
God
,
to
his
Kirk
,
and
to
our
sacred
Soveraigne
,
least
by
their
silence
they
betray
the
Kirks
right
,
and
their
own
consciences
,
that
they
in
their
own
names
,
and
in
behalf
of
the
kirk
of
Scotland
,
are
forced
to
protest
that
this
Assembly
be
repute
,
and
holden
null
in
law
,
and
that
no
Kirk-man
be
holden
to
apeare
,
assist
,
aprove
it
.
And
therefore
that
no
letter
,
petition
,
subscription
,
interloquitor
,
certification
,
admonition
,
or
other
act
whatsoever
,
proceeding
from
the
said
Assembly
,
or
any
member
thereof
,
shall
be
any
way
prejudiciall
to
the
Religion
and
confession
of
Faith
by
act
of
Parliament
established
,
nor
to
the
Kirk
,
or
any
member
thereof
,
nor
to
the
jurisdiction
,
liberties
,
priviledges
rents
,
benefices
,
possessions
of
the
same
,
acts
of
generall
Assembly
,
Councell
or
Parliament
in
favours
thereof
,
nor
to
the
three
Estates
of
the
kingdome
,
or
to
any
of
them
,
nor
to
themselves
or
any
of
them
in
their
persons
or
Estats
,
authority
,
jurisdiction
,
dignity
,
rents
,
benefices
;
reputation
and
good
name
,
But
that
all
such
acts
and
deeds
are
,
and
shall
be
repute
unjust
,
illegall
and
null
in
themselves
,
with
all
that
hath
followed
or
may
follow
thereupon
.
If
their
reasons
alledged
be
found
frivolous
,
as
they
were
by
the
Assembly
,
and
are
cleared
so
to
be
by
this
answer
,
their
protest
is
not
worth
a
fig.
They
protest
in
name
of
the
Kirk
of
Scotland
,
when
as
they
will
not
acknowledge
her
Commissioners
freely
chosen
,
nor
her
Assembly
constitute
according
to
the
established
order
,
nor
any
other
Assembly
constitute
according
to
the
said
order
,
but
will
have
this
Assembly
,
and
consequently
this
Kirk
,
to
be
their
party
,
and
yet
will
protest
,
profest
as
they
are
,
in
name
and
behalf
of
this
Kirk
.
Affrayed
are
they
that
some
thing
should
be
done
prejudiciall
to
Religion
,
and
the
confession
of
Faith
established
by
Parliament
,
meaning
that
which
is
extant
in
the
acts
of
Parliament
,
but
passe
by
the
confession
sworn
to
,
and
subscribed
by
Subjects
of
all
ranks
throughout
the
whole
Realme
,
and
by
themselves
.
We
acknowledge
not
acts
of
null
and
pretended
Assemblies
.
We
interpret
not
every
act
of
Councell
or
Parliament
procured
,
or
assented
to
by
them
,
or
made
in
their
favours
,
to
be
made
in
favours
of
the
Kirk
.
The
Kirk
her self
must
be
judge
of
the
fauours
bestowed
on
her
.
If
their
authority
,
jurisdiction
,
dignity
,
rents
,
benefices
,
reputation
,
good
name
&c.
Be
prejudiciall
to
the
authority
,
jurisdiction
,
liberties
,
and
the
spirituall
welfaire
of
the
Kirk
,
good
reason
the
estate
of
the
Kirk
be
preferred
to
the
estate
of
some
few
factious
men
.
There
may
be
three
estates
without
the
bastard
estate
of
Bishops
,
Abbots
,
Pryors
erected
in
time
of
Popish
darknesse
.
They
protest
next
,
if
the
Assembly
call
in
question
,
discusse
,
and
condemne
things
,
not
only
in
themselves
lawfull
and
warrandable
,
but
also
defined
and
determined
by
acts
of
generall
Assemblies
and
Parliaments
,
and
in
practise
accordingly
,
to
the
disgrace
and
prejudice
of
the
reformed
Religion
,
authority
of
the
laws
and
liberties
of
the
Kirk
and
kingdome
,
weakning
his
Majesties
authority
,
disgraceing
the
profession
and
practise
he
holdeth
in
the
communion
of
the
Kirk
where
he
liveth
,
and
branding
of
reformed
Kirks
with
the
foule
aspersion
of
Idolatry
and
superstition
:
that
what
shall
be
done
in
this
kinde
,
may
not
redound
to
the
disgrace
or
disadvantage
of
the
reformed
Religion
,
nor
be
repute
a
deed
of
the
Kirk
of
Scotland
.
The
Assembly
hath
condemned
nothing
lawfull
and
warrandably
defined
and
determined
before
in
Assembly
or
Parliament
and
practised
accordingly
,
they
intended
not
to
weaken
his
Majesties
authority
,
disgrace
his
practise
and
profession
,
or
brand
any
reformed
Kirks
with
soule
aspersions
,
but
only
to
reforme
the
abuses
and
corruptions
entred
in
their
own
Kirk
,
and
to
oppose
to
what
more
was
likely
to
have
entred
with
the
receiving
the
Service
book
and
book
of
Canons
,
without
relation
to
any
other
Kirk
.
If
any
disgrace
redound
to
others
,
it
is
but
per
accidens
,
and
it
may
be
retorted
,
that
their
Canons
,
and
constitutions
are
intended
for
the
disgrace
of
our
Kirk
,
which
we
do
not
affirme
.
Next
,
they
must
distinguish
betwixt
a
free
Kirkand
a
Kirk
lying
in
thraldome
.
But
the
decliners
would
have
us
to
refuse
nothing
which
is
received
in
any
other
reformed
Kirk
,
if
the
same
be
imposed
,
lest
they
be
disgraced
by
our
refusall
:
which
were
to
make
up
a
fine
hotch-potch
.
They
protest
,
that
they
embrace
and
hold
the
Religion
presently
professed
according
to
the
confession
of
Faith
ratified
in
Parliament
anno
1567.
as
the
true
Religion
,
and
detest
all
contrary
errours
.
But
they
make
no
account
nor
mention
of
that
confession
where
contrary
errous
are
specified
or
designed
,
and
it
appeareth
for
no
other
cause
,
but
that
they
perceive
the
episcopall
government
and
other
innovations
which
they
were
to
introduce
to
be
abjured
by
that
confession
,
which
is
a
tacite
yeelding
to
the
true
meaning
and
sense
delivered
by
the
last
Assembly
in
their
Declaration
.
They
protest
,
that
the
Episcopall
government
is
lawfull
and
necessary
,
and
that
the
same
is
not
opposed
for
any
defect
or
fault
in
the
government
or
governours
,
but
by
the
malice
and
craft
of
the
devill
envying
the
successe
of
that
government
these
many
yeares
bypast
.
It
hath
been
condemned
by
our
Kirk
as
unlawfull
and
hurtfull
,
yet
they
dare
contradict
and
protest
it
to
be
lawfull
and
necessary
.
That
government
which
is
not
warranded
by
the
word
,
and
overthroweth
the
joynt
government
of
Pastors
and
Elders
,
which
is
warranded
by
the
word
can
not
but
be
faultie
.
If
the
government
be
faulty
,
the
governours
can
not
but
be
faulty
in
governing
.
The
devill
could
not
envy
the
successe
of
so
faulty
a
government
as
hath
brought
in
the
Antichrist
to
sit
in
the
temple
of
God
.
Suppose
there
were
no
fault
in
the
government
but
that
it
were
lawfull
and
necessary
,
but
what
meanes
have
they
come
by
it
?
Or
what
moderation
have
they
keeped
after
their
usurping
of
it
?
Intrarunt
ut
vulpes
,
regnarunt
ut
Leanes
.
But
how
prove
they
the
successe
of
their
government
to
have
been
such
as
the
devill
could
not
but
envy
it
?
By
the
planting
of
Kirks
with
able
and
learned
Mininisters
,
recovering
of
the
Kirk
rents
,
helping
of
Ministers
stipends
,
preventing
jarres
betwixt
the
King
and
the
Kirk
which
in
former
time
did
dangerously
infest
the
same
,
keeping
the
people
in
peace
and
obedience
,
and
suppresing
of
Poprie
,
which
was
never
at
so
low
an
ebbe
as
before
the
sturres
.
They
have
planted
many
Kirks
with
unsufficient
or
scandalous
Ministers
,
or
corrupters
of
Religion
and
perverters
of
the
people
.
They
have
recovered
great
rents
to
themselves
,
and
would
recover
the
rents
of
the
rest
of
the
Prelacies
to
build
up
the
crownests
again
.
They
have
procured
by
the
moyen
they
had
,
augmentation
of
stipends
to
tie
Ministers
to
dependance
upon
them
,
or
to
tie
them
to
their
fat
stipends
,
that
no
alteration
in
Religion
should
loose
their
grip
:
and
yet
no
Kirks
worse
provided
then
such
as
belong
to
their
own
benefices
they
have
hindered
the
augmentation
of
stipends
to
such
Ministers
as
would
not
dance
to
their
pyping
.
They
have
raised
jarres
betwixt
the
King
and
the
Kirk
,
and
in
the
Kirk
it self
,
that
they
might
obtaine
the
more
easily
their
intent
.
But
how
they
keeped
peace
betwixt
the
King
and
the
people
may
be
seen
by
their
instructions
sent
up
to
court
anno
1609.
the
many
threatning
letters
sent
down
from
court
,
and
proclamations
from
time
to
time
,
and
most
of
all
by
their
dealing
at
this
present
.
If
there
were
no
other
to
keep
the
people
in
peace
and
obedience
,
there
would
be
little
peace
or
obedience
in
the
countrey
.
Their
favour
borne
to
Papists
processed
or
to
be
processed
,
their
familiarity
with
them
more
then
common
,
and
employment
of
them
may
let
us
see
,
that
if
Poprie
be
suppressed
,
it
is
not
suppressed
by
them
,
but
by
other
meanes
,
as
the
powerfull
preaching
of
the
word
,
or
the
clearing
of
controversies
wherewith
our
Kirk
was
troubled
or
by
the
authority
of
men
in
place
and
credite
in
the
country
.
But
we
doubt
that
Popry
is
at
so
low
an
ebbe
,
nor
will
it
be
seen
till
the
light
of
this
present
reformation
discover
them
.
Sure
we
are
,
to
bring
in
Popry
peice
and
peice
,
was
not
the
meane
to
suppresse
Poprie
.
They
protest
,
that
seeing
these
who
for
scrouple
of
conscience
did
mislike
the
service
book
,
Canons
or
high
Commission
which
were
apprehended
or
given
forth
to
be
the
cause
of
the
trouble
of
this
Kirk
,
have
now
received
satisfaction
,
and
his
Majestie
is
graciously
pleased
to
forget
and
forgive
all
offences
by
past
in
these
sturres
,
that
all
the
Subjects
may
live
in
peace
and
love
;
laying
aside
envie
,
hatred
and
bitternesse
:
and
if
any
refuse
so
to
doe
,
that
they
bear
the
blame
,
and
be
thought
the
cause
of
the
troubles
may
ensue
,
and
that
the
same
be
not
imputed
to
them
or
any
of
them
,
who
desire
nothing
more
nor
to
live
in
peace
and
concord
with
all
men
,
under
his
Majesties
obedience
,
who
have
committed
nothing
against
the
laws
of
the
Kingdome
and
Kirk
,
which
may
give
anie
just
cause
of
offence
,
and
who
are
so
farre
from
wishing
anie
harme
to
anie
man
in
his
person
or
estate
,
notwithstanding
all
the
injuries
and
indignities
they
have
suffered
,
that
for
quenching
this
present
combustion
;
they
could
be
content
after
clearing
their
innocencie
,
not
only
to
lay
down
their
bishoprick
at
this
Majesties
feet
,
but
also
,
if
it
so
pleased
God
to
lay
down
their
lives
,
and
become
a
sacrifice
for
this
attonement
.
We
answer
,
Others
for
scrouple
of
conscience
mislike
the
service
book
,
canons
,
or
high
Commission
.
But
they
are
not
in
the
number
of
these
who
make
any
scrouple
:
How
can
we
who
mislike
,
like
them
to
be
Ministers
,
far
lesse
governours
in
our
Kirk
,
who
do
not
mislike
them
:
what
satisfaction
can
we
receive
by
the
discharge
of
these
books
,
seeing
other
books
more
corrupt
may
be
imposed
afterwards
,
seeing
the
matter
is
not
condemned
,
but
avouched
to
be
a
mean
to
beat
out
idolatrie
and
superstition
,
seeing
they
themselves
were
not
taken
order
with
for
their
corrupt
disposition
,
and
intend
to
obtrud
them
,
and
to
raise
persecution
for
them
.
They
may
doe
in
and
by
the
Councel
,
as
much
as
may
trouble
Ministers
and
professours
,
howbeit
they
sit
not
in
the
Court
of
high
Commission
.
The
books
were
but
the
instrumentall
cause
of
the
troubles
and
sturres
,
but
they
were
the
principall
cause
,
authours
and
procurers
of
the
troubles
.
The
five
articles
,
which
have
wrought
much
disquietnesse
these
twentie
years
by-past
,
were
not
quit
,
but
the
practise
left
free
whereby
division
could
not
but
bee
intertained
.
Can
Religion
be
setled
in
peace
,
or
religion
be
preserved
in
puritie
their
government
continuing
?
they
would
be
loath
to
lay
down
their
Bishopricks
at
his
Majesties
feet
,
if
they
were
not
confident
to
take
them
up
again
.
Yet
they
will
not
doe
it
,
till
their
innocencie
be
cleared
,
that
is
,
they
will
never
doe
it
:
for
their
innocencie
will
never
be
cleared
.
If
you
will
beleeve
them
,
they
could
be
content
like
Ionas
to
be
cast
in
the
sea
to
procure
a
calme
.
They
have
lived
like
Salamanders
in
the
fire
of
combustion
,
and
now
on
a
sudden
would
quench
the
fire
with
their
bloud
.
Will
they
lay
down
but
their
Bishopricks
at
the
feet
of
the
Kirke
,
as
they
ought
to
doe
,
and
that
will
quench
the
combustion
:
But
they
will
lay
them
down
only
where
they
are
sure
to
receive
them
againe
.
They
protest
deeply
,
that
they
use
not
this
declinatour
and
protestation
out
of
fear
of
any
guiltinesse
,
whereof
any
of
them
is
conscious
to
himself
,
but
of
conscience
of
their
duetie
to
God
and
his
Church
,
being
most
willing
everie
one
of
them
to
undergo
the
most
lawfull
and
exact
triall
of
any
competent
judicatorie
in
the
Kingdome
,
or
of
his
Majesties
Commissioner
foresaid
.
But
the
generall
Assembly
cannot
be
denyed
to
be
the
most
competent
judicatorie
in
the
Kingdome
.
They
beseech
my
Lord
Commissioner
to
interceed
with
his
Majestie
,
for
appointing
a
free
&
lawfull
generall
Assembly
,
such
as
Gods
word
,
the
practise
of
the
primitive
Kirk
,
and
laws
of
the
Kingdome
doth
prescribe
,
with
all
convenient
speed
,
that
they
or
any
other
of
the
Clergie
may
be
heard
to
answer
all
accusations
,
abide
tryall
for
clearing
of
their
innocencie
,
or
receiving
condigne
punishment
.
But
it
is
made
evident
alreadie
,
that
they
meane
by
the
primitive
Kirk
,
not
the
primitive
that
is
Apostolicall
,
as
appeareth
by
the
Canons
of
some
ancient
councels
,
which
are
no
rule
to
us
.
Nor
can
we
have
any
other
Bishops
to
judge
upon
them
,
seeing
we
have
none
but
such
as
are
complained
upon
and
summoned
.
The
laws
of
the
Kingdome
have
not
prescribed
the
order
and
constitution
of
our
generall
Assemblies
,
nor
is
it
pertinent
to
them
.
All
the
while
they
request
not
an
Assembly
to
be
appointed
,
as
the
Kirk
within
this
Kingdome
hath
prescribed
and
observed
from
time
to
time
:
are
these
men
to
be
suffered
in
this
Kirk
,
that
will
not
submit
themselves
to
the
tryall
of
the
supreme
judicatorie
constitute
according
to
the
acts
and
constitutions
of
our
Kirk
?
So
it
is
not
only
this
,
but
all
other
Assemblies
constitute
according
to
the
prescribed
order
of
the
Kirk
that
they
shun
.
They
protest
,
That
this
protestation
in
respect
of
their
lawfull
absence
,
may
be
received
in
their
own
name
,
and
in
name
of
the
Kirk
of
Scotland
,
that
shall
adhere
to
the
said
protestation
,
at
the
hands
of
Doctour
Robert
Hammiltoun
Minister
at
Glasfurde
,
to
whom
they
gave
power
and
mandat
to
present
the
same
in
or
at
the
said
Assembly
&c.
They
say
not
to
the
said
Assembly
,
or
with
reverence
to
the
said
Assembly
.
The
vanity
of
their
protesting
in
name
of
the
Kirk
of
Scotland
,
and
their
adherents
we
have
laide
open
before
.
What
cause
can
they
pretend
for
lawfull
absence
.
Some
of
them
were
in
Glasgow
and
Hammiltoun
,
and
might
have
presented
their
Declinatour
and
Protestation
themselves
,
if
their
hauty
spirits
would
have
suffered
them
to
compeare
before
Presbyters
,
to
whom
they
were
terrible
in
former
times
.
Least
their
deep
Protestations
should
make
men
beleeve
that
they
are
the
most
innocent
men
that
may
be
,
you
shall
have
here
subjoyned
good
Reader
the
crimes
and
offences
which
were
laide
to
their
charge
,
and
were
either
so
notorious
that
they
could
not
be
denyed
,
or
clearly
proven
before
the
Assembly
.
After
that
,
such
as
were
aspired
to
Prelacies
had
obtained
in
the
generall
Assembly
by
the
Kings
assistance
,
and
not
without
great
opposition
of
the
better
and
most
judicious
sort
of
the
Ministerie
,
that
Ministers
might
vote
in
Parliament
,
it
was
agreed
unto
by
themselves
,
that
they
should
be
nominate
and
recommended
by
the
Kirk
to
his
Majestie
,
who
should
have
vote
in
Parliament
,
and
whom
his
Majestie
should
choose
,
they
should
be
admitted
by
their
Synods
,
where
they
were
resident
.
But
they
regarded
neither
the
recommendation
of
the
general
Assembly
nor
admission
by
their
Synods
.
As
for
cautions
to
keep
him
that
shall
have
vote
in
Parliament
from
corruption
,
howbeeit
they
agreed
unto
them
for
the
present
,
yet
afterward
their
actions
bewrayed
,
they
had
no
intent
to
keep
them
.
They
voted
in
Parliament
without
lawfull
entry
or
admission
,
the
Kirk
disassenting
and
repining
,
or
without
inserting
of
the
cautions
,
which
were
agreed
upon
to
keep
the
Ministers
voters
in
Parliament
from
corruption
.
Whereas
it
was
provided
by
the
cautions
that
he
shall
not
presume
at
any
time
to
propone
in
Parliament
,
Councell
or
convention
any
thing
in
name
of
the
Kirk
,
without
expresse
warrand
and
direction
of
the
Kirk
,
but
such
as
he
shall
answer
to
be
for
the
well
of
the
Kirk
,
under
the
paine
of
deposition
from
his
office
,
nor
keep
silence
,
or
consent
to
any
thing
that
may
bee
prejudiciall
to
the
liberty
and
well
of
the
Kirk
,
under
the
same
paine
.
And
yet
have
they
voted
and
given
assent
to
many
acts
in
Parliament
prejudiciall
to
the
liberties
of
the
Kirk
,
almost
in
every
Parliament
which
hath
been
holden
since
they
began
to
take
the
place
to
vote
in
Parliament
.
Whereas
the
Minister
voter
was
bound
at
every
generall
Assembly
to
give
an
account
anent
the
discharge
of
his
commission
since
the
Assembly
preceeding
,
and
to
submit
himself
to
their
censure
,
and
stand
to
their
determination
without
any
appellation
,
and
to
seek
and
obtaine
ratification
of
his
doings
at
the
said
Assembly
under
the
paine
of
infamie
and
excommunication
,
yet
since
they
began
to
vote
in
Parliament
,
the
liberty
of
holding
generall
Assemblies
yearly
was
taken
from
us
,
and
when
we
had
any
of
their
own
framing
,
yet
made
they
no
account
of
their
proceedings
in
Parliament
,
nor
sought
ratification
of
their
proceedings
in
Parliament
,
Councell
or
convention
.
Whereas
he
was
bound
to
content
himself
with
so
much
of
the
benefice
which
shall
be
given
him
by
his
Majestie
as
might
not
prejudge
any
other
Minister
within
his
benefice
or
without
,
yet
they
bestow
waste
the
emoluments
of
the
Kirk
to
mantaine
their
riotousesse
and
ambition
,
which
might
sustaine
many
Pastors
.
Whereas
he
was
bound
not
to
delapidat
his
benefice
set
or
make
any
disposition
thereof
without
speciall
consent
of
his
Majestie
and
the
generall
Assembly
,
yet
it
is
found
that
they
had
delapidared
their
benefices
.
Whereas
he
was
bound
by
the
cautions
to
attend
faithfully
upon
his
own
particular
flock
,
and
there
anent
to
be
subject
to
the
tryall
and
censure
of
his
own
Presbyterie
and
Provinciall
Assembly
,
as
any
other
Minister
nor
bearing
commission
to
vote
in
Parliament
,
they
have
neglected
all
Ministeriall
duty
in
any
particular
congregation
,
and
deserted
their
particular
flock
.
Whereas
it
was
provided
that
in
administration
of
discipline
,
collation
of
benefices
,
visitation
and
other
points
of
Ecclesiasticall
government
,
he
shall
not
usurp
nor
acclaime
to
himself
any
power
or
jurisdiction
farther
then
any
of
the
rest
of
the
brethren
,
They
notwithstanding
have
usurped
power
and
jurisdiction
over
their
brethren
of
the
Ministrie
,
&
the
people
in
or
out
of
the
high
Commission
,
to
admit
,
suspend
,
deprive
,
fine
,
confine
,
Pastors
or
Professors
at
their
pleasure
.
Whereas
it
was
provided
that
in
Presbyteries
Provinciall
and
generall
Assemblies
,
he
shall
behave
himself
in
all
things
,
and
be
subject
to
their
censure
as
any
other
brother
of
the
Ministery
,
they
notwithstanding
over
rule
Synods
and
Presbyteries
and
generall
Assemblies
when
they
are
convocat
.
Whereas
it
was
ordained
that
none
of
these
that
shall
have
vote
in
Parliament
shall
come
as
Commissioners
to
any
generall
Assembly
,
or
have
vote
in
the
same
in
any
time
comming
,
except
he
be
authorized
with
commission
from
his
own
Presbyterie
to
that
effect
,
they
have
notwithstanding
taken
place
in
their
late
pretended
Assemblies
,
without
commission
from
any
Presbyterie
,
and
have
moderated
and
over
ruled
as
they
pleased
.
Whereas
there
are
certaine
constitutions
and
acts
of
our
Kirk
for
the
right
constitution
of
generall
Assemblies
,
yet
have
they
holden
these
few
Assemblies
not
constitute
according
to
the
constitutions
of
our
Kirk
,
but
after
their
own
device
,
and
for
acts
to
be
made
for
the
advancement
of
their
course
,
which
Assemblies
are
found
and
declared
to
be
null
in
this
last
Assembly
for
such
reasons
as
are
expressed
in
the
acts
of
the
last
Assembly
now
extant
in
print
.
Whereas
the
office
of
adiocesan
Bishop
hath
been
condemned
by
our
Kirk
as
having
no
warrand
in
the
word
of
God
,
and
never
since
hath
been
allowed
to
this
houre
,
no
not
in
their
own
pretended
Assembly
holden
at
Glasgow
:
Three
of
their
number
notwithstanding
went
to
England
without
the
direction
,
knowledge
or
consent
of
any
Assembly
,
lawfull
or
pretended
,
received
consecration
to
the
office
of
a
Bishop
,
returned
and
consecrated
the
rest
of
their
fellows
to
that
office
damned
by
the
acts
of
our
Kirk
.
Whereas
the
court
of
high
Commission
was
not
errected
by
consent
of
the
estates
or
good
liking
of
any
Assembly
,
yet
they
accepted
the
power
of
that
court
,
and
thereby
have
tyrrannized
over
Ministers
and
other
Subjects
.
They
have
also
undertaken
civill
and
temporall
jurisdictions
,
titles
,
and
dignities
,
as
to
beare
offices
of
estate
,
to
sit
in
Councell
,
Excequer
,
Session
contrare
to
the
acts
of
our
Kirk
.
They
relaxe
excommunicate
Papists
when
they
please
.
They
have
interdyted
morning
and
evening
prayers
,
when
they
thought
they
were
injured
by
the
people
.
They
have
falsified
the
acts
of
their
own
pretended
Synods
They
have
vitiated
interlyned
or
deleted
acts
and
sentences
of
Presbyteries
,
Synods
and
Assemblies
.
Incest
and
Adultery
hath
fallen
forth
by
their
licence
for
privat
marriages
.
They
have
refused
to
admit
Ministers
unlesse
they
first
take
on
the
order
of
deacons
.
They
exacted
unlawfull
oathes
of
intrants
,
and
thereupon
debarred
the
most
qualified
and
obtruded
the
most
scandalous
upon
congregations
.
They
have
taught
Popery
and
Arminianisme
,
and
advanced
such
to
the
Ministerie
as
were
infected
with
the
same
Hereticall
and
erroneous
doctrine
.
They
brought
in
novations
in
the
worship
of
God
by
a
pretended
Assembly
,
and
now
at
last
intends
to
alter
the
whole
frame
of
Religion
,
of
doctrine
with
errour
,
or
worship
with
superstition
,
or
discipline
with
tyrannie
by
the
service
book
,
book
of
canons
,
book
of
ordination
,
without
so
much
as
the
colour
of
any
pretended
Assembly
.
Beside
they
have
detained
or
interverted
sowms
of
money
dedicat
to
pious
uses
as
colledges
&
relief
of
captives
.
Beside
all
these
offences
,
notorious
of
themselves
,
or
proven
before
the
Assemblie
,
the
lousenesse
and
prophanity
of
their
lives
was
made
known
,
how
they
have
been
given
to
excessive
drinking
,
filthy
dancing
,
prophane
speaches
,
open
prophanation
,
of
the
Sabbath
by
their
journeys
abroad
,
or
drinking
carding
or
diceing
at
home
,
usuall
playing
at
cards
and
dice
,
excessive
gaining
,
contempt
of
all
publick
ordinances
and
family
exercises
,
briberie
,
simonie
,
unhonest
dealing
,
abusing
of
their
vassals
,
sclandering
of
the
Kirk
,
and
stirring
up
authority
against
the
subjects
with
their
lies
and
calumnies
.
They
are
slandered
also
for
other
grosser
crimes
,
but
time
served
not
for
sufficient
triall
.
Because
they
were
not
able
to
abide
the
triall
:
they
have
declined
,
and
protested
against
the
last
Assembly
.
For
which
offence
only
they
deserve
excommunication
,
according
to
the
act
of
the
generall
Assembly
holden
in
April
1582.
Because
they
complaine
in
their
declinator
,
that
obedient
and
worthy
Ministers
have
been
removed
from
their
places
by
the
usurped
authority
of
the
table
and
Presbyteries
,
notwithstanding
they
had
declined
and
appealed
from
their
judgement
,
you
shall
see
good
Reader
what
worth
was
in
these
Ministers
,
and
what
just
reason
there
was
for
removing
of
them
.
It
hath
been
sufficientlie
proven
and
made
good
against
some
of
these
deposed
Ministers
,
to
wit
,
Mr.
David
Mitchell
Minister
in
Edinburgh
,
Mr
Alexander
Gladstones
Minister
in
St.
Andrews
,
commonlie
called
the
Archdean
of
St.
Andrews
,
Mr.
William
Wishart
Minister
at
Leeth
,
Mr.
Iohn
Crightoun
Minister
at
Pasley
,
Mr.
Thomas
Foster
Minister
at
Melrose
,
Mr.
Roberts
Hammiltouns
Ministers
at
Lesmahago
&
Glasfurd
;
and
others
of
their
sort
,
that
they
have
taught
points
of
Poperie
and
Arminianisme
,
conditionall
election
,
the
power
of
free-will
,
resistibility
to
effectuall
grace
,
the
extent
of
Christs
death
and
merite
to
the
damned
in
hell
as
well
as
to
the
blessed
in
heaven
,
Christ
comming
into
the
world
clauso
virginis
utero
,
auricular
confession
,
papall
absolution
,
That
the
Pope
is
not
the
Antichrist
,
That
the
Kirk
of
Rome
is
the
true
Kirk
,
That
reconciliation
with
the
Kirk
of
Rome
is
easie
,
That
the
Kirk
of
Rome
erres
not
in
fundamentalibus
,
nor
differeth
from
reformed
Kirks
in
the
same
,
That
there
is
no
more
difference
betwixt
us
and
them
then
betwixt
the
green
and
blew
colours
of
Iustinians
armie
,
or
that
it
was
a
mouthfull
of
moon-shine
,
that
the
formall
cause
of
our
justification
standeth
in
our
inherent
righteousnesse
,
That
Christs
body
is
present
in
the
sacrament
circumscriptivè
and
change
the
sacrament
of
the
supper
into
a
sacrifice
,
the
table
into
an
altar
,
and
Ministers
into
Priests
,
That
GOD
was
the
cause
of
Isacks
lie
for
not
punishing
his
father
Abraham
,
That
there
was
possibility
to
fulfill
the
law
,
That
predestination
was
a
doctrine
newly
hatched
in
hell
justly
to
be
deleted
out
of
Gods
word
,
That
the
excrements
of
the
Romish
religion
,
and
Iesuits
learning
was
better
then
the
quintessence
of
our
Religion
,
although
it
were
squeesed
in
a
limbeck
,
That
absolute
active
obedience
is
to
be
given
to
all
the
commandments
just
or
unjust
of
Princes
,
That
they
have
railed
against
our
reformers
and
reformation
,
and
affirmed
that
the
cheif
reformers
of
our
Religion
were
but
deformers
,
and
had
thrown
out
better
things
then
they
had
brought
in
,
diminished
the
necessity
and
utility
of
preaching
,
commended
the
service
book
and
book
of
canons
,
and
affirmed
that
by
the
faith
of
the
Kirk
of
Scotland
,
divers
parts
of
Gods
true
worship
were
abjured
;
That
they
have
cursed
their
own
congregation
and
threatned
to
concurre
to
their
destruction
.
They
have
called
their
people
Iackanapes
,
Babbouns
,
perjured
Bitches
,
madde
Dogges
,
and
that
it
were
more
lawfull
to
pray
for
such
as
had
lyen
500.
years
in
hell
then
for
them
.
That
they
neglected
the
exercise
of
discipline
,
hindered
the
delating
or
punishment
of
offenders
,
baptized
children
of
notorious
Papists
,
defrauded
the
poore
of
their
right
and
mantenance
allowed
unto
them
,
received
bribes
for
saving
scandalous
persons
from
publick
censure
,
baptized
children
in
their
beds
without
prayer
before
or
after
,
interverted
and
applyed
to
their
own
use
moneys
collected
for
relief
of
some
Ministers
in
the
Palatinat
or
some
captives
under
the
Turk
.
That
they
deserted
their
flocks
,
prophaned
the
Sabbath-day
by
all
sorts
of
loose
carriage
,
That
they
were
given
to
drinking
,
prophane
speaches
and
pastimes
,
swearing
,
fighting
,
brawling
with
their
Parishoners
,
that
some
of
them
went
so
drunke
to
the
Pulpet
,
that
they
forgote
their
Text
:
That
some
of
them
swore
,
they
would
rather
renounce
God
,
than
bee
Puritans
;
They
judged
the
authour
of
the
practise
of
piety
to
be
damned
in
hell
,
because
by
his
book
he
had
made
many
Puritane
Ladies
,
That
when
they
were
delated
for
such
offences
,
they
contemned
the
authority
of
the
Presbyteries
,
relying
upon
the
favour
of
the
Prelats
,
and
have
declined
this
last
Assembly
.
Because
in
their
Declinatour
they
alledge
that
too
many
of
the
Commissioners
members
of
the
last
Assembly
are
guiltie
of
many
personall
faults
and
enormities
,
which
in
charity
they
forebeare
to
expresse
in
this
their
Declinatour
,
you
have
here
subjoyned
good
Reader
,
a
Catalogue
of
the
Commissioners
members
of
the
last
Assembly
whereby
you
may
perceive
how
frequent
the
Assembly
was
,
and
of
what
sort
of
persons
it
did
consist
.
We
have
not
read
nor
remembred
a
more
solemne
Assembly
of
our
Kirk
since
the
entry
of
Christian
Religion
,
let
be
since
the
reformation
,
nor
moe
more
able
to
cleare
themselves
of
any
faults
or
enormities
can
be
laide
to
their
charge
.