Imprinted at Edinburgh by Robert Young, Printer to the Kings most excellent Majestie.

CƲM PRIVILEGIO. Anno 1638.

‘HONI SOIT QVI MAL Y PENSE’
Charles R.
CHARLES by the grace of God, king of Scotland, England, France, and Ire­land, defender of the faith.
To our Lovits Maissars, Her aulds, Purse­vants, our Sheriffs, in that part conjunctly and seve­rally specially constitute, greeting.

Whereas for the removing of the disorders which had happened of [Page 2]late within this our kingdome, and for setling of a perfect peace in the church and common-wealth thereof, we were pleased to cause indict a free gene­rall assembly to be holden at Glasgow the xxi. of November last: And for our subjects their better content and assurance that they should be freed of all such things as by their petitions and supplications gi­ven in to the Lords of our privie Councell, they seemed to be grieved at, We in some sort preveened the assembly, by discharging by our proclamation the service book, book of canons, and high commis­sion, freed and liberate our subjects from the practi­sing of the five articles, eximed all ministers at their entrie from giving any other oath then that which is contained in the act of parliament, made all persons both ecclesiasticall and civill lyable to the censure of Parliament, generall Assembly, or any other ju­dicatorie competent, according to the nature of their offence: had declared all by-gone disorders ab­solutely forgotten and forgiven: and last, for secu­ring to all posteritie the truth and liberty of religion, did command the confession of faith, and band for maintenance thereof, and of authoritie in defence of the same, subscribed by our deare Father, and his houshold, in anno 1580. to be renued and subscribed again by our subjects here: And albeit that this our gracious and pious command, in stead of obedience and submission, rancountred open and publick oppo­sition, and protestation against the same: And that they continued their daily and hourely guarding and watching our Castle of Edinburgh, suffering nothing to be imported therein, but at their discretion, stop­ping [Page 3]and impeding any importation of ammuniti­on, or other necessaries whatsoever to any of our houses within this kingdome: Denying to us their soveraigne Lord that libertie and freedome, which the meanest of them assume to themselves (an act without precedent or example in the christian world) Like as they spared not boldly and openly to conti­nue their conventions and councell tables of Nobi­litie, Gentrie, Ministers and Burgesses within the city of Edinburgh, where not regarding the lawes of the kingdome, without warrant of authoritie, they con­veened, assembled, and treated upon matters; as well ecclesiasticall as civill, sent their injunctions and di­rections throughout the countrey to their subordi­nate tables, and other under ministers appointed by them for that effect. And under colour and pretext of religion, exercing an unwarranted libertie, re­quired obedience to their unlawfull and illegall directions, to the seene prejudice of authoritie, and lawfull monarchicall government. And not­withstanding it was evidently manifest by the il­legall and unformall course taken in the election of the commissioners for the assembly, whereof some of them were under the censure of this church, some un­der the censure of the church of Ireland, some long since banished for open and avowed teaching against monarchie, others of them suspended, and some admitted to the ministerie contrary to the form prescribed by the lawes of this kingdome, others of them rebels, and at the horne, some of them confined, and all of them by oath and subscription bound to the overthrow of episcopall government. And by [Page 6]this and other their under-hand working, and pri­vate informations and perswasions, have given just ground of suspicion of their partialitie, and so made themselves unfit judges of what concerneth episco­pacie. And als albeit it was sufficiently cleared by the peremptorie and illegall procedures of the presby­teries, who at their own hand by order of law, and without due forme of processe, thrust out mode­rators lawfully established, and placed others, whom they found most inclinable to their turbulent humors, associate to themselves for choosing of the commis­sioners to the assembly, a laick elder out of each pa­rish, who being in most places equall, if not moe in number then the ministerie, made choice both of the ministers, who should be commissioners from the presbyteries, as also of a laick elder, (which in time will prove to be of a dangerous consequence, and im­port a heavie burden to the libertie of church and church men) being more directed therein by the war­rants of the foresaid pretended tables, then by their own judgements, as appeared by the severall instru­ctions sent from them (far contrary to the lawes of this countrey, and lowable custome of this church) some whereof were produced and exhibit by our Commissioner, and publickly read: One whereof, di­rect to the Noblemen and Barons of each presbyte­rie, doth among many other odde passages, require diligence, lest (say they) by our own silinesse and treacherie we lose so faire an occasion of our liberty both christian and civill; a strange phrase to proceed from dutifull or loyall hearted subjects. The other to the moderators of the severall presbyteries, under [Page 7]the title of PRIVATE INSTRUCTIONS, AUGUST 27. first, containeth that these private instructions shall be discovered to none, but to brethren well affected to the cause: secondly, order must be taken, that none be chosen ruling elders but covenanters, and these well affected to the businesse: thirdly, that where the minister is not well affected, the ruling elder be cho­sen by the commissioners of the shire, and spoken to particularly for that effect: fourthly, that they be carefull that no chappelmen, chaptermen, or a mini­ster justice of peace, be chosen, although covenan­ters, except they have publickly renounced, or decla­red the unlawfulnesse of their places: fifthly, that the ruling elders come from every church, in equall number with the ministers; and if the minister op­pose, to put themselves in possession, notwithstanding of any opposition: sixthly, that the commissioner of the shire cause conveen before him the ruling elder of every kirk chosen before the day of the election, and enjoyn them upon their oath, that they give vote to none but to those who are named already at the meeting at Edinburgh: seventhly, that where there is a nobleman in the bounds of the presbytery, he be chosen, and where there is none, there be chosen a barron, or one of the best quality, and he only a co­venanter: eighthly, that the ablest man in every pres­bytery be provided to dispute de potestate supremi ma­gistratus in Ecclesiasticis presertim in convocandis con­siliis, &c. Whereby it is most evident what prelimi­tations, indirect and partiall courses, and dangerous propositions have been used in the preparations and elections to this pretended assembly. By which [Page 6]unlawfull doings, although we had sufficient reason to have discharged the meeting of the said assembly, yet we were pleased patiently to attend the same, still hoping that when they were met together by the presence of our Commissioner, and assistance of some well affected subjects, who were to be there, and by their own seeing the reall performance of what was promised by our proclamation, they should have been induced to return to the due obedience of subjects. But when we perceived that their turbulent dispositi­ons did increase, as was manifest by their repairing to the said pretended assembly with great troups and bands of men, all boddin in fear of war, with guns, and pistolets, contrary to the laws of this kingdome, and in high contempt of our proclamation at Edinburgh the 16. day of November last: And also by the perem­ptory refusing to the assessors, authorized by us (al­though fewer in number then our dearest father was in use to have) the power of voting in this assembly, as formerly they had done in all others, openly aver­ring that we, nor our Commissioner, had no further power there then the meanest commissioner of their number: and by their partiall and unjust refusing, and not suffering to be read the reasons and arguments gi­ven in by the bishops, and their adherents to our Com­missioner, why they ought not to proceed to the ele­ction of a moderator, neither yet to the trying and ad­mitting of the commissioners, before they were heard, though in our name they were earnestly re­quired thereto by our Commissioner: and notwith­standing that our Commissioner by warrant from us, gave in under his hand a sufficient declaration of all [Page 7]that was contained in our late proclamation, bearing likewayes our pleasure of the registration of the same in the books of assembly, for ful assurance of the truth and purity of religion to all our good subjects, as doth clearly appear by the declaration it self; where­of the tenor follows. The kings Majesty being infor­med that many of his good subjects have apprehend­ed that by the introducing of the service book, and book of canons, the inbringing of superstition hath been intended, hath been graciously pleased to dis­charge, like as by these he doth discharge the service book, and book of canons, and the practise of them, and either of them, and annulls and rescinds all acts of councell, proclamations, and other acts and deeds whatsoever, that have been made or published for establishing them, or either of them, and declares the same to be null, and to have no force nor effect in time coming. The kings Majestie, as he conceived, for the ease and benefit of the subject, established the high commision, that thereby justice might be admini­strate, and the faults and errours of such persons as are made lyable thereto, taken order with, and punish­ed with the more conveniencie, and lesse trouble to the people. But finding his gracious intention there­in to be mistaken, hath been pleased to discharge, like as by these he doth discharge the same, and all acts and deeds whatsoever made for establishing thereof. And the kings Majestie being informed, that the urging of the five articles of Pearth assembly hath bred distraction in the church and estate, hath been graciously pleased to take the same into his royall [Page 8]consideration, and for the quiet and p [...] of this countrey hath not only dispensed with the practise of the saids articles, but also discharged all and whatso­ever persons from urging the practise thereof, upon either laick or ecclesiasticall person whatsoever, and hath freed all his subjects from all censure and pains, whether ecclesiasticall or secular, for not urging, pra­ctising, or obeying them, or any of them, notwithstan­ding of any thing contained in the acts of parliament, or generall assembly in the contrary. And his Maje­stie is further contented, that the assembly take the same so far to their consideration, as to represent it to the next parliament, there to be ratified as the e­states shall finde fitting. And because it hath been pretended that oaths have been administrate different from that which is set down in the acts of parliament, his Majestie is pleased to declare by me, that no other oath shall be required of any minister at his entry, nor that which is set down in the act of parliament. And that it may appear how carefull his Majestie is that no corruption nor innovation shall creep into this church, neither yet any scandall, vice, or fault of any person whatsoever, censurable or punishable by the assembly, go along unpunished, his Majestie is content to declare by me, and assure all his good people, that generall assemblies shall be kept so oft, and als oft as the affairs of this church shall require. And that none of his good subjects may have cause of grievances a­gainst the proceedings of the prelates, his Majestie is content that all and every one of the present bishops, and their successors, shall be answerable, and accord­ingly [Page 9]from time to time censurable, according to their merits by the generall assembly. And to give all his Majesties good people full assurance, that he never intended to admit any alteration or change in the true religion profest within this kingdome, and that they may be truely and fully satisfied of the reality of his intentions and integrity of the same, his Majestie hath been pleased to require and command all his good subjects to subscribe the confession of faith, and band for maintenance thereof, and of his Majesties person and authority, formerly signed by his dear father, in anno 1580. and now also requireth all these of this present assembly to subscribe the same. And it is his Majesties will, that this be insert and registrate in the books of assembly, as a testimonie to posteritie, not only of the sinceritie of his intentions to the said true religion, but also of his resolutions to maintain and defend the same, and his subjects in the profes­sion thereof.

Which declaration was by our speciall command and direction given in, and subscribed by our Com­missioner, upon protestation made by him that his as­senting to the registration hereof, should be no ap­probation of the lawfulnesse of this assembly; nor of any of the acts or deeds done, or to be done therein. And finding them in like sort no waies to be satisfied therewith, and that nothing else was able to give them contentment, except at their own pleasure they were permitted to overthrow all episcopall government in the church, and thereby to abrogate our publike lawes, standing in vigour by the space of many years [Page 10]by-gone, and to alter the fundamental government of this kingdome, in taking away one of the three e­states, contrary to expresse acts of Parliament. And lest the continuance of their meetings might have produced other the like dangerous acts so deroga­torie to royall authoritie, we were forced for pre­veening thereof, and for the reasons and causes a­bove-mentioned, and divers others importing true monarchicall government, to dissolve and break up the said pretended assembly, and to discharge them of all farther meeting, treating, and concluding any thing therein: And yet in that calme and peaceable way, as our Commissioner before his removing de­sired their pretended moderator for that time to have said prayer, and so concluded that daies session, that so they might have had time to think upon the just reasons of his refusing to assist, or be any longer pre­sent at the said pretended assembly, and of the causes moving us to the dissolving thereof: and notwith­standing his earnest urging the same, and being wil­ling to return the next morning to hear their answer; in place of all other satisfaction to his so reasonable and moderate desires, it was refused and met with a protestation of an high and extraordinary straine, thereby presuming to cite and call our Councell in question, for their dutifull assistance and obedience to us and our Commissioner. And finding their dis­obedience thus to increase, we were constrained to discharge them of new again the next day thereafter by publike proclamation, under the pain of treason. And albeit that their contumacie is such as hath not [Page 11]been heard of in former times, yet they shall never move us to alter the least point or article of that we have already declared by proclamation, or declara­tion under our Commissioners hand: All which was publickly read, and by our Commissioner required to be insert and registrate in the books of assembly, therein to remain as a testimonie to posteritie, not on­ly of the sinceritie of our intentions to the true religi­on, but also of our resolution to maintain and defend the same, and our subjects in the profession thereof: And perceiving likewaies that in contempt of our proclamation at Glasgow the 29. of November, they goe still on to conveen, meet, and to make illegall and unwarrantable acts, we have conceived it fitting to forewarn all our good subjects of the danger that they may incurre by being insnared by these their unlawfull procedures. And to this pur­pose do not only liberate and free them from all o­bedience to any of the pretended acts, made, or to be made at the said pretended assembly, or comittees direct therefrom, but also do free them from all pain and censure which the said pretended assembly shall inflict upon them, or any of them. And therefore do discharge and prohibit all our subjects, that they nor none of them acknowledge nor give obedience to any pretended acts nor constitutions made or to be made at the said pretended meetings, under all highest pains. And we command, charge, and inhi­bite all presbyteries, sessions of kirks, ministers within this realme, that none of them presume nor take upon hand privately nor publikely in their ses­sions [Page 12]and meetings, nor in their conferences, ser­mons, nor no other manner of way, to authorise, ap­prove, justifie, or allow the said unlawfull meeting, or assembly at Glasgow: neither yet to make any act thereupon, nor to do any other thing private or publike, which may seem to countenance the said unlawfull assembly, under the pain to be repute, hol­den and esteemed and pursued as guilty of their un­lawfull meeting, and to be punished therefore with all rigour: And siclike we command all and sundry Noblemen, Barons, Gentlemen, Magistrates, and all other our lieges who shall happen to be present and hear any ministers either in publick or private con­ferences and speeches, or in their sermons, to ap­prove and allow the said unlawfull assembly, rail and utter any speeches against our royal commandments or proceedings of us, or our Councell, for punishing or suppressing such enormities, that they make rela­tion and report thereof to our Councell, and furnish probation, to the effect the same may be accordingly punished, as they will answer to us thereupon: Cer­tifying them who shall hear and conceal the said spee­ches, that they shall be esteemed as allowers of the same, and shall accordingly be taken order with, and punished therefore without favour. And to this effect we likewaies straitly charge and command all Judges whatsoever within this realme, Clerks and Writers, not to grant or passe any bill, summons, or letters, ora­ny other execution whatsoever, upon any act or deed proceeding from the said pretended assembly, and all keepers of the signet from signetting thereof, and that [Page 13]under all highest pains. And because we gave order and warrant to our Commissioner to make open de­claration, not only of our sense, but even of the true meaning of the confession of faith, in anno 1580. by which it may clearly appear, that as we never intend­ed thereby to exclude episcopacie, so by no right con­struction can it be other wayes interpreted, as is more nor evident by the reasons contained in the said decla­ration, and many more, which for brevity (the thing in it self being so clear) are omitted. Herefore we do not only prohibit and discharge all our subjects from subscribing any band, or giving any writ, subscrip­tion, or oath to, or upon any act, or deed that pro­ceeds from the foresaid pretended assembly, but also do require them not to subscribe, nor swear the said confession in no other sense then that which is con­tained in the said declaration, and manifestly emitted by our Commissioner, under all highest paines. And that none of our good subjects, who in their duty and bound obedience to us, shall refuse to acknow­ledge the said pretended assembly, or any of the pre­tended acts, constitutions, warrants, or directions proceeding therefrom, may have just ground of fear of danger or harm by doing thereof, we do by these promise, and upon the word of a King oblige our selves by all the royall authoritie and power where­with God hath endowed us, to protect and defend them, and every one of them in their persons, for­tunes, and goods, against all and whatsoever person or persons who shal dare or presume to call in question, trouble, or any waies molest them, or any of them [Page 14]therefore. And our will is, and we charge you strait­ly and command, that incontinent these our letters seen, you passe, and make publication hereof by open proclamation at the market crosse of Edinburgh, and other places needfull, wherethrough none pre­tend ignorance of the same.

Per Regem.

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