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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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