1638.—October 24.
83. The Bill, or the complaint, of the Noblemen, Barons, Burgesses, Ministers, and Commons, Covenanters, (which were not Commissionaries to the Assembly) against the pretended Archbishops and Bishops within this kingdome, as it was presented to the Presbyterie of Edinburgh; with an Act of reference of the Bill, from the Presbyterie to the next Generall Assembly, as it was fully read on the Lords day before noone in all the Churches within the presbyterie of Edinburgh, according to the Act.[108]
Noblemen.
Unto your wisedomes humbly shewes and complaines, We John Earle of Sutherland, John Earle of Athole, William Earle of Dalhousie, Mungo Vicount of Stormouth, Hugh Lord Montgomerie, David Lord Elcho, George Lord Forrester, Arthur Lord Forbesse, John Master of Berridale, Robert Lord Boyd, David Lord Balcarras, John Lord Melvill.
Barons and Gentlemen.
Craggemillar, Lugtoun, Buchanan, Young, Dury, Balgonny, Balbirny, Master William Hammilton, Thomas Cragge of Ricarton, John Cowper of Gogar, John Hammilton of Boghall, David Inglis of Ingliston, John Dundas of Newliston, Sir William Cockburne of Langton, Patrick Cockburne of Clerkinton, John Leslie of Newton, Colonel Alexander Leslie, David Barclay of Onwerme, Sir Michael Arnot of Arnot, Sir Michael Balfoure of Deanemille, John Aiton of Aiton, David Beaton of Balfoure, John Lundie of Lundie, Walter Murray of Liviston, Sir John Preston of Airdrie, Walter Cornwall of Bonhard, William Scot of Ardrosse, Robert Forbosse of Ricesse, Sir Andrew Murray of Balvarde, George Dundasse of Dudistone, Sir William Murray of Blebo, Master Robert Preston, William Dicksone.
Ministers.
Master William Scot Minister at Cowper, Master George Hammiltoun at Nuburne, Master Walter Grog at Balmerino, Master Iohn Machgil Parson of Fliske, Master Andrew Blackhat at Aberlady.
Burgesses and Commons.
George Bruce of Carnock, George Potterfield a Burgesse of Glasgow, John Smith, John Mill, Lawrence Henryson, Richard Maxwell, Burgesses of Edinburgh.
We, for our selves, and in name and behalfe of the rest of the Noblemen, Barons, Gentlemen, Burgesses, Ministers, and Commons within this Realme of Scotland, subscribers of the Covenant, who are not chosen Commissioners to the Generall Assemblie, but who will assist and insist in this complaint with us, as faithfull Christians, as loyall subjects, and sensible members of this Church and Common-weale, having interest to pursue this popular action, in a speciall manner and an eminent degree, by which pursuit God may bee glorified, Christs Kingdome advanced, that the Church may bee restored to her privileges and liberties, and freed from manifold scandals, from the corrupters of Doctrine with Poperie and Arminianisme, of the Sacraments with Superstition and Wilworship, and of the Discipline with tyrannie, and from the overthrowers of the peace of this Church and Kingdome by their usurpations and lies, their violent humours, and falsehood for their owne worldly ends, may be tried and censured accordingly, and so this Church and State made free from the present divisions and combustions, and restored to peace and unitie, both with God and amongst themselves, and that his Majesties religious disposition and honour may be cleared to all the world, by the triall and censure of those men who have fraudulently abused his Majesties name and authoritie by their trust and credit with his Majestie: Wee most earnestly make request, That whereas, by the Lawes of this Church and Kingdome, and by his Majesties last Proclamation, all his Majesties subjects, whether Ecclesiasticall or Civill, of whatsoever title or degree, if they have exercised an unlimited or unwarrantable power, They are declared and ordained to be liable to the triall and censure of the Generall Assemblie and Parliament, or to any other Judicatorie, according to the nature and qualitie of the offence, And whereas Master David Lyndsey pretended Bishop of Edinburgh, Master Thomas Sydserfe, pretended Bishop of Galloway, Master Walter Whitefoord pretended Bishop of Brichen, Master James Wedderburne pretended Bishop of Dumblane, Master James Fairley pretended Bishop of Argyle, Master John Spotswood pretended Archbishop of Saint Andrewes, (having their residences or dwelling places within the bounds of this Presbyterie of Edinburgh,) Master Patrick Lyndsey pretended Archbishop of Glasgow, Master Alexander Lyndsey pretended Bishop of Dunkell, Master Adam Bannatine pretended Bishop of Aberdene, Master John Gutherie pretended Bishop of Murray, Master John Maxwel pretended Bishop of Rosse, Master George Greme pretended Bishop of Orkney, Master John Abernethie pretended Bishop of Caithnesse, Master Neil Campbel pretended Bishop of the Isles, should be tried and censured for their unlimited and unwarranted power.
For whereas it was provided in the Cautions agreed upon in the Generall Assemblie holden at Montrose, Anno 1600. for bounding of the Ministers votes in Parliament, and concluded to bee inserted in the body of the act of Parliament for confirmation of this vote as a most necessarie and substantiall point of the same, which was never yet repealed by a lawfull Assembly, That the Minister should sweare, upon his admission to the office of Commissionary, to subscribe and fulfill the Cautions agreed upon under the penalties expressed therein, otherwise hee was not be admitted; yet the said Master David Lyndsey, sometimes Minister of Brichen, now pretended Bishop of this Diocesse of Edinburgh, and pretended Moderator of this Presbyterie, with his foresaid Colleagues, the pretended Bishops and Archbishops of this Church respective, have taken upon them (without craving or obtaining Commission from the Church as it is set downe in that Assembly at Montrose) the office and power to vote in Parliament, without swearing at his or their entrances to subscribe and fulfill those Cautions which are set down under penalties.
In the first Caution it was provided, that he presume not to propound in Parliament, in Councell or convention, any thing in the name of the Church without an expresse warrant or direction from the Church, under the paine of deposition from his office; and that hee should neither give consent unto, nor keep silence from anything (amidst these meetings) that might bee prejudiciall to the libertie of the Church, under the said paine.
But the forenamed Master David Lyndsey, pretended Bishop of Edinburgh, with the rest of his Colleagues respective above named, have presumed (having no warrant nor direction from the Church) to propound in Parliament, and to consent to several acts which have past in Parliament, to the prejudice of the Church, as namely, To the act concerning the Restitution of the State of Bishops, Anno 1606. the act concerning the chapter of Saint Andrewes, Anno 1607. To the act of Commissariots and jurisdictions given to Archbishops and Bishops, Anno 1609. To the ratification of the act agreed upon in the Assemblie of Glasgow, Anno 1610. with an explanation, contrary to the meaning and tenour of the said conclusions, Anno 1612. To the acts concerning the Elections of Archbishops and Bishops, and to the acts concerning the Restitution of chapiters, Anno 1617. To the ratification of the Five Articles of Perth, Anno 1621. To the act concerning the apparell of Churchmen, and to the ratification of the Acts concerning Religion, in which all the former Acts are included, Ann. 1633. and to many other severall acts of this kinde. In like manner he propounded and gave consent to severall acts of the Privy Councell, for the establishing of it, and of the power of the High Commission, which are against the lawes and liberties of this kingdome; and for ratification of severall acts and sentences given out by them and their Colleagues in that unwarrantable Judicatory: for in the same manner did he propound and consent unto the acts made in the Privie Councell for pressing and bringing in of the Service Booke, which would have trod under foot the frame of Gods publicke worship in this Kingdome, if the Lord had not prevented it. And further, in the last convention of the States holden in the yeeres 1625. and 1629. he did not onely keep silence, but propound and give consent to some things which were prejudiciall to the liberties of this Church, and hee did oppose himselfe to the just desires and grievances which were presented in name of the Church for some of her liberties and priviledges, whereas it was provided that he shall be bound upon each generall Assembly to give an account of the discharge of his Commission since the Assembly going before, and should submit himselfe to the censure of the Assembly, and stand to the determinations of it without further Appeale, and should sue for, and obtain ratification of his carriage from the Assembly, under the paine of infamie and excommunication; but the said Master David Lyndsey, and his Colleagues respective abovenamed, have never given an account of the discharge of his or their Commissions, nor sought nor have obtained ratification of his or their doings, from the Assembly.
Whereas it was provided in the third caution, that he should content himselfe with that portion of the Benefice which should be assigned to him from his Majestie for his livelihood, not hurting or prejudging the rest of the Ministers, or any Minister whatsoever, planted or to bee planted within his Benefice, and that this clause was to be inserted in his provision: Besides, when Bishops were charged in the Assembly holden in Octob. Ann. 1578. to quit the corruptions of that State, there was numbered amongst the corruptions, That they received for the maintaining of their ambition and riot, the emoluments of the Church, which might sustaine many Pastors, the Schooles, and the Poor; but the said Master David Lyndsey with his Colleagues respective, have tooke provision for their Benefices, and the foresaid clause was not inserted, and he and they have prejudged Ministers, Schooles, and the Poor, by taking and enjoying plurality of Benefices.
Whereas it was provided in the fourth caution that hee should not dilapidate nor make a disposition of his Benefice without the consent of his Majestie and the generall Assembly: and for the greater warrant of this, That he should interdict himselfe to the generall Assembly not to dilapidate, nor to give consent to the dilapidation of his Benefice made by others, and that hee should be contented that an Inhibition should be raised upon him to that purpose; but the said Master David Lyndsey, with his Colleagues respective, have set, and take setled patronages.
Whereas in the fifth caution it is provided that hee should be bound to attend his particular Congregation faithfully in all the points of a Pastour, and that he shall be subject to the triall and censure of his own Presbyterie and Provinciall Assemblie, as another Minister that bears no Commission: In like manner by divers Acts and Constitutions of the generall Assemblies and Presbyteries, non-residents are punishable by deprivation; Yet the said Master David Lindsey with his foresaid Colleagues respective, have been non-resident from his and their charges for many yeares; nor have they performed the duties of Pastours by preaching, administration of the Sacraments, visiting the sick, &c. but they have deserted their charges by the space now of many years; neither have they in this subjected themselves to the triall of the Presbyteries and Provinciall Assemblies.
That whereas in the sixth caution it was provided, That in the administration of Discipline, collation of benefices, visitation, and all other points of Ecclesiastical government, he shal neither usurp nor acclaim to himself a power or jurisdiction further over the rest of his brethren, under the paine of deprivation: and in case hee did usurp upon the Ecclesiasticall government, if the Synodall Presbyteries, or generall Assemblies did oppose, or make impediment unto him; whatsoever he did in that case should be ipso facto null, without a declaratour; yet the said Master David Lindsey with his Colleagues respective, have usurped a jurisdiction in the administration of Discipline, collation of benefices, visitation, and other points of Ecclesiasticall government, without a lawfull warrant from the Church, in exercising power to suspend, deprive, command, and inhibit excommunication at their pleasure, to fine, confine, imprison, banish Ministers and other professours without the warrant of the laws of the Countrey, appointing their Moderators over Presbyteries and Synods, prorogating their Diets, staying their proceedings against Papists, Sorcerers, Adulterers, and other grosse offenders, by exacting of contributions to such Commissioners as hee pleased to send to Court for his owne and his Colleagues affaires; by depriving, and ordaining of Ministers, not only without the consent of the Presbyteries and Synods, but by ordaining of scandalous and unqualified Ministers and depriving of learned and religious Pastours; by ordaining Ministers after a forme not allowed of in this Church; by silencing Ministers for not reading the Service Book, and Book of Canons; by interdicting after a Popish manner, the exercises of Morning and Evening prayer in their Churches; by releasing of excommunicated Papists: by contradicting and crossing the votes of the Presbyteries at their pleasure; by their pretended negative vote directly contrary to this caution; by enacting decrees of Synods without demanding their votes; by changing and falsifying their Acts, when most votes had carried the contrary: by many wayes have they failed in this caution, which are so notorious to the whole Church and to your Wisdomes, that wee shall condescend upon the same when wee are required.
Whereas in the seventh caution it was provided, That in Presbyteries, and in Provinciall and generall Assemblies, he shall behave himself in all things, as one of the brethren of the Presbyterie, and be subject to their censure; yet the foresaid Master David Lindsey with his foresaid Colleagues respective, hath not behaved himselfe as a brother at these meetings; he disdaines to sit in Presbyteries, or to be subject to their censures; he sitteth and overruleth in Provinciall Assemblies rather as a Lord then a Moderatour; and in stead of behaving himself as a brother in the generall Assemblie, hath, by threatening and silencing, prejudged the liberties of the lawfull Commissioners; when they propounded, reasoned or concluded matters conducing to the liberty of the Church, hee forced them to conclude things contrarie.
That whereas it was concluded at Mount Rose, That none of them who should have vote in Parliament should come Commissioners to the generall Assemblie, or have vote in it in time to come, unlesse they had authoritie or Commission from their owne Presbyteries for that purpose; yet the said Master David Lindsey with his forsaid Colleagues respective, though they had no authoritie by Commission from any Presbyteries, have usurped to give votes in the last pretended Assemblies.
Whereas in the seventh chap. of the book of Policie, registrated in the Register of the Acts of the Assembly, it was concluded, That in all Assemblies a Moderatour should be chosen by common consent of the whole brethren assembled together, and it hath been so practised since the beginning of the Reformation, till hee and his fellowes began to break the Cautions; yet the said Master David Lindsey with his foresaid Colleagues respective, have usurped the place of moderation in the last pretended Assemblies, and rather domineered then moderated, to bring in novations; yea further, have directed Mandats from themselves as from the representative Church of Scotland, which name and power is only competent to generall Assemblies; he hath brought in the practice of many Innovations in the Royal Chappel, in the Abbey Church, and his pretended Cathedrall; hee hath laboured not only to hinder the ordinarie meetings of generall Assemblies of this Church, by obtaining letters and charge from Authority to that purpose, but also hath laboured, what in him lay, to take away from the Church the priviledge of holding generall Assemblies yeerly, belonging to Her by the Word of God, Acts of this Church, and lawes of this Kingdome.
Whereas it is provided by another caution, That Crimen ambitus shal be a sufficient cause of deprivation of him that shall have vote in Parliament; yet the said Master David Lindsey with his foresaid Colleagues respective, are guilty of the said crime, in seeking of the said offices, and promising and giving good deeds for them.
Whereas it was provided by the book of Discipline, and acts of the Assemblie Feb. An. 1569. and December 1565. & 1567. that marriage should not be solemnized without asking of banes three severall Sabbath daies before; yet the said Master David Lindsey and his aforesaid Colleagues respective, have given licence to sundry Ministers to solemnize marriage without asking three severall Sabbaths before; upon which have followed divers inconveniences; a man hath been married to a woman her husband being alive, and they not divorced; some have been married to persons with whom they have committed adulterie before; and so have been married without the consent or knowledge of their parents.
Whereas by the book of Fasting, authorized by the generall Assemblie, and prefixed before the Psalmes, no set or yeerly Fasts are allowed, but disallowed, as contrary to the liberty of the Church, and to the nature of the exercise (a Fast;) yet the said Master David Lindsey and his foresaid Colleagues respective, have appointed yeerly Fasts, and troubled some godly Professors for not observing the same.
Whereas the office of a Deacon is set forth in the book of Discipline, and book of common order before the Psalms, according to the Word of God, to have no medling with the preaching of the Word, or the ministration of the Sacraments, and by the first Confession of faith ratified in the Acts of Parliament, chap. 23. Ministers called unto particular flocks have onely power of the ministration of the Sacraments; yet the said Master David Lindsey with his foresaid Colleagues respective, have given a power to certain Divines whom they make Deacons (men not admitted to the calling of the Ministery) to administer the Sacrament of Baptisme, under the names and titles of preaching Deacons, and they refuse to admit divers men to the calling of the Ministerie before they be admitted to that Order.
Whereas it is ordained by the book of Policie, and Acts of the Assembly, that no man should receive ordination to the Ministery without a present admission to a particular flock; yet the said Master David Lindsey with his foresaid Colleagues respective, have separated the act of Ordination from the act of Admission.
Whereas according to the established order of the Church, & the Acts of the Assembly, the ordination & admission of Ministers should be publick, in the presence and with the consent of the congregation; yet the said Master David Lindsey with his foresaid Colleagues respective, have given ordination to some men in other places, not in their own Congregation; and violently have thrust upon them scandalous Ministers.
Whereas Ministers who teach erroneous and corrupt doctrine should be censured by the book of Discipline, and by the Acts of the Assemblie; yet the said Mr David Lindsey with his foresaid Colleagues respective, have taught erroneous and corrupt doctrine themselves, and by their pretended power have preferred to the Ministerie men who have taught erroneous doctrine against the Confession of Faith, and Acts of Parliament quoted in our Covenant; and they cherish and maintaine them who teach Arminianisme and Popery, as conditionall Election; Free-will; resistibilitie of effectuall Grace; The universality of Christs death; The merit of it in heaven & in hell; A finall apostacie of the Saints; The locall descent of Christ into hell; That Christ came into the world clauso Virginis utero; auricular Confession, and Papall absolution; That the Pope is not Antichrist; That the Church of Rome is a true Church; That reconciliation with Rome is a thing easie; That the Church of Rome erres not in fundamentals; and that she differs not in fundamentals from the Reformed Churches; They call in question the imputation of Christs righteousnesse, and they affirme the formall cause of justifying faith, to consist in our inherent righteousnesse; They affirme that there is a locall and circumscriptive presence of Christ in the Sacrament, and they change the Sacrament into a Sacrifice, and the Table into an Altar, the Ministers into Priests. There are other damnable and hereticall points of Doctrine which they maintaine; of which we shall give particular information in our particular accusation of each one of them respective, with the proofes thereof, when we shall be required.
Whereas by the Acts of the Church, no oaths or subscriptions should be required from those who enter into the Ministerie, but to the Confession of faith, and to the Book of Policy; yet the said Master David Lindsey with his foresaid Colleagues respective, without a warrant from the Church or Parliament, doe exact diverse oathes and subscriptions from them who enter into the Ministerie; namely, That they should both in publick and private prayers commend the Prelats to Gods mercifull protection; That they should be subject to the orders which were now in the Church, or, by the consent of the Church, that is, by their consent (as they affirme) should be established; as to the Service Book, and to the Book of Canons. The heavinesse of this grievance made the most part of his Majesties subjects to complaine in these Articles, that worthy men which have testimonies of their learning from Universities, and are tryed by Presbyteries to be fit for the worke of the Ministerie, and for their gifts and lives were much desired by the people; yet these men are kept out because they could not be perswaded to subscribe and swear unto such unlawfull oaths, which have no warrant from the Acts of the Church, nor the laws of the Kingdome; and they were Articles and oaths conceived according to their pleasure; and men of little worth, and ready to sweare, were for by-respects thrust upon the people, and admitted to the most eminent places of the Church, and of the Schools of Divinity, which breeds continuall complaints, and moves the people to run from their owne parish Churches, refusing to receive the Sacrament from the hands of Ministers set over them against their hearts, which makes them not to render unto them that honour which is due from the people to their Pastours; and it is a mighty hinderance to the Gospel, to the soules of the people, and to the peace of this Church and Kingdome.
Whereas in the Assembly holden at Edinburgh, in March, Ann. 1578. it was declared that it was neither agreeable to the word of God, nor to the practice of the Primitive Church, that the Administration of the Word and Sacraments, and the ministration of civill and criminall justice should be confounded, that one person could supply both the charges, but that a Minister should not be both a Minister and a Senator in the Colledge of justice. And in the Assembly holden in October An. 1578. it was reckoned amongst the corruptions of the State of Bishops, which they were charged to forgoe, that they should usurp a criminall jurisdiction, that they should not claime unto themselves the titles of Lords, that they should onely be called by their owne names, or brethren; yet the said Master David Lyndsey, with his foresaid Colleagues respective, have assumed to themselves the titles and honours of Lords, they did sit as Senators in the Colledge of justice, as Councellours in the Privie Councell, as Auditors in the Exchequer, and have enjoyed prime Offices of State. The pretended Bishops have usurped the place and precedencie before all Temporall Lords, the pretended Archbishops before all the noble Earles of the land, and the pretended Primate before the prime Officers of State in the land.
Whereas by the Word of God and Acts of the Assembly, namely, Anno 1576. 1577. and 1578. no man should be suffered to be a Minister, unlesse hee be tied to a particular flocke and congregation; and not to be tied to a particular flocke it is condemned as a corruption of the state of Bishops which they were charged to forgoe; yet the said Master David Lindsey, with his Colleagues respective foresaid, are Ministers, and will not be tied to particular flockes.
Whereas the office of a Bishop (as it is now used within this Realm) was condemned by the booke of policie, and by the Act of the Assembly holden at Dundee, Anno 1580. whereof these are the words; Forasmuch as the office of a Bishop (as it is now used and commonly taken within this Realme) hath no sure warrant from authoritie, nor good ground out of the Scriptures, but it is brought in by the folly and corruptions of the inventions of men, to the great hurt of the Church, The whole Assembly of this Church, with one voice, after liberty given to all men to reason in the said matter (no man opposing himself to maintain the said pretended office) doe find and declare the said pretended office, used and termed as is above said, unlawfull in it selfe, as having neither ground nor warrant within the Word of God; and we doe ordaine that all such persons which doe, or shall hereafter, enjoy the said office, shall be charged simply to dismisse, quit, and leave the same, as an office unto which they were not called by God; and that they shall leave off all preaching, ministration of the Sacraments, or other offices of Pastors, untill such time as they receive admission de novo from the generall Assembly, under the paine of excommunication to be used against them; and if they be found disobedient to contradict this Act in the least point, after due admonition, the sentence of excommunication shall be executed against them. And for the better execution of the said Act, it is ordained that a Synodall Assemblie shall be holden in everie Province (in which usurping Bishops are) 18. August next to come, in which they shall be cyted and summoned by the Visitors of the said Countries to compeere before their Synodall Assemblies; as namely, The Archbishop of S. Andrewes to compeere at Saint Andrewes, The Bishop of Aberdene in Aberdene, The Archbishop of Glasgow in Glasgow, the Bishop of Murray in Elgin, to give obedience to the said act, which if they refused to do, that the Synodall Assemblies shall appoint certaine brethren of their Presbyteries to give them publike admonitions out of their Pulpits, and to warne them, if they disobey, to compeere before the next generall Assembly to be holden at Edinburgh 20. Octob. to heare the sentence of excommunication pronounced against them for their disobedience: and to this act the Bishop of Dumblane that then was, agreed, submitting himself to be ruled by it; it was also condemned by the act of Glasgow Anno 1581. which doth ratifie the former act of Dundee, and ordaines the book of policie, which was approved by severall Generall Assemblies to be registrated in the books of the Assemblie, and enjoyned the generall confession of faith to be subscribed by all his Majesties Lieges; Yet hath the said Master David Lyndsey with his foresaid Colleagues respective, not onely incroached upon the liberties of Presbyteries and Synods, but hath also took Consecration to the office of a Diocesan Bishop, without the knowledge or consent of the Church, and against the acts of it, claiming the power of ordination and jurisdiction, as due to him by that unwarrantable office.
Besides, the said Master David Lyndsey, with his foresaid colleagues respective, have, against the Lawes of the Church and Kingdome, brought in the Service book, the book of Canons, and the High Commission Court, and would have changed and overthrowne the whole frame of doctrine of Gods word, the use of the Sacraments, the Discipline, Liberties and Priviledges of this Church and State, if the Lord had not prevented them; The particulars wee shall present to your wisdomes, though it bee knowne to all men, how he and they have abused his Majesties Authoritie against his Royall intentions and Declarations, they having moved discontents betwixt the King and his subjects, by scandalous lies betwixt subject and subject, for which things, complaints have been given in to the Councell, which we hold heare to be repeated as a part of our complaint, and to be tried by your wisdomes, and referred to the Assemblie.
Besides all these faults, the said Master David Lyndsey with his Colleagues respective, in his life and conversation is slandered constantly as guiltie of excessive drinking, whoring, playing at Cards and Dice, swearing, profane speaking, excessive gaming, profaning of the Sabbath, contempt of the publike ordinances and private familie-exercises, mocking of the power of preaching, prayer, and spirituall conference, and sincere professors; besides, with briberie, simonie, selling of Commissariots places, lies, perjuries, dishonest dealing in civill bargaines, abusing of their vassals, and of Adulterie, and Incest, with many other offences, of which we shall give the particulars in our particular accusations.
Whereas the Presbyterie is the ordinarie judicatorie of this Church for trying of these offences, and hath the Ecclesiasticall power for cytation of the parties and offenders, with the reference to their complaints to the Generall Assemblie, Therefore wee most earnestly and humblie beseech your godly wisdomes, as you tender the glory of God, the peace and libertie of this Church, the removall of scandals, and punishment of vice, that you will take into your consideration and triall the foresaid many and hainous offences, with the particular reservations and qualifications of them, which we shall present to your wisdomes, or to the Assemblie when it shall be thought convenient; and that you would either take order with it your selves, and censure the offenders, according to the nature of the offences, with the Ecclesiasticall paines contained in the Acts and foresaid Canons of this Church and Kingdome, or else make a reference of them to the Generall Assemblie to bee holden at Glasgow 21. Novemb. and, that the knowledge of these should come to the Delinquents, that you will be pleased to ordaine the publishing hereof, to bee made by all the Brethren of the Presbyterie in their Pulpits upon the Sabbath before noone, with a publike admonition to the offenders to be present at the Assemblie, to answer to this complaint, and to undergo the censure and triall of it, and to bring with them the books and scroules of subscriptions and oaths required from those who enter into the Ministerie, with the books of the High Commission Court, and the books of the Generall Assemblie, which they or their Clerk had or have fraudulently conveied away, Together with this certification, That if the said Master David Lyndsey, with his foresaid colleagues respective, do not appeare in the said Assemblie, and bring with them the said books, to answer to this complaint in generall, and to the particular heads of it, and to submit himselfe to the triall and proofe of this complaint generall, and to the particular heads of it, that there shall be a condigne censure of these offenders for their contempt and contumacie; Here wee humblie beseech your wisdomes answer.
The Act of the Presbyterie of Edinburgh 24. Octob. 1638. yeares, in answer to this Complaint.
Upon the said day, we the Brethren of the Presbyterie of Edinburgh, after we had received this Bill and complaint, presented unto us by the Laird of Buchanan, The Laird of Dury the younger, The Laird of Carlourie, John Smith late Bailife of Edinburgh, John Hammiltoun, and Richard Maxwel, in name of the Noblemen, Barons, Burgesses, and Commons, subscribers of the Covenant (which are not Commissioners to the Generall Assemblie) against the pretended Archbishops and Bishops of this Kingdome, and after wee had read and seriously considered the same, wee, according to the desire of the complainers, did and do referre the same to the next Generall Assemblie to bee holden at Glasgow 21. November. And wee ordaine the publishing of this complaint, and of our reference of it to the Assemblie, to be fully read by all the Pastors of the Presbyterie upon the next Sabbath before noone out of their Pulpits, with a publike warning and cytation to the offendants complained upon; By name, Master John Spotswood pretended Archbishop of Saint Andrewes, Master Patrick Lyndsey pretended Archbishop of Glasgow, Master Thomas Sydserfe pretended Bishop of Galloway, Master David Lyndsey pretended Bishop of Edinburgh, Master Alexander Lyndsey pretended Bishop of Dunkeld, Master Adam Bannatine pretended Bishop of Aberdene, Master John Gutherie pretended Bishop of Murray, Master John Maxwel pretended Bishop of Rosse, Master George Greme pretended Bishop of Orknay, Master John Abernethie pretended Bishop of Caithness, Master Walter Whitefoord pretended Bishop of Brichen, Master James Wedderburne pretended Bishop of Dumblane, Master James Fayrley pretended Bishop of Argyle, Master Nail Campbell pretended Bishop of the Isles, to be present at the said Assemblie, to answer to this complaint in generall, and to the particular heads of it, to undergo the triall and censure of it, and to bring with them the books and scroules of the subscriptions and oaths of them who enter into the Ministerie, the books of the High Commission, and the book of the Generall Assemblie, which they either had or have fraudulently put away; and if any Pastor within this Presbyterie refuse to publish this cytation, we require the Reader of the Church to do it. In like manner wee require all parties who have interest, either in pursuing, or specifying, or proving this complaint, to be present at the said Assemblie for that purpose; Upon which the complainers took instruments in the hands of the Notarie.
According to this complaint, and the warrand of the Presbyteries reference of it, I A. R. warne and admonish the abovenamed offenders to compeere before the next Generall Assemblie to bee holden at Glasgow 21. November, for the causes contained in the complaint, and for the certification expressed in it.
1638.—October.
84. Notice from Tables to Members of Assembly.[109]
1. That all Noblemen subscribers of the Covenant (except the Noblemen of the West, who shall be ready upon advertisement) meet at Edinburgh the 12. of November, and stay there till they goe to Glasgow, where they shall all meet on Saturday the 17. of November at the furthest.
2. That the full number of these who are appointed Commissioners by the severall shires, to attend this common cause, with foure Gentlemen within the bounds of every Presbyterie at the least, out of the number of their Assessors, without excluding any voluntaries, That they come to Glasgow the 17. day of November, to attend constantly the Assembly, and give their advice in the common cause to the ruling Elders, Commissioners to the Assembly out of these Shires and Presbyteries.
3. That the Burrowes appoint (according to their quality and number) two, foure, or six of most judicious men to come to Glasgow the 17. of November, and there constantly to attend the Assembly, and give their advice to their Commissioner in this common cause.
4. That the Fast be observed the fourth day of November universally, with any other dayes they may conveniently: and if any be repairing to the Assembly, that they keepe the Fast where they shall bee for the time.
5. That now especially, seeing rulers Elders from particular Congregations are received in Presbyteries, that particular Congregations take such course that no Minister Commissioner be forced to be absent from the Assembly for want of necessarie charges.
6. That where any hath beene deceived or compelled to subscribe this new Covenant, that the Ministers take their Declarations in writing, or by act in the bookes of Session, or before one witnesse, that they were forced, deceived, or mistaken: And that every Minister make known, and intimate publikely to the people the printed protestation, contayning the reasons against this new subscription; and where the Minister refuseth, that some well affected Gentleman doe it.