As for that Act at Montrose, let them answere to it that haue their calling by that Commission. Wee professe that wee haue a lawfull calling by the election of the Clergie, who are of the Chapter of our Cathedralls, and consecration of Bishops by his Majesties consent and approbation, according to the laudable Lawes and auncient Custome of this Kingdome, and of the Church in auncient tymes; and doe homage to our Soveraigne Lord for our Temporalities, and acknowledge him, solo Deo minorem, next vnto God in all causes, and over all persons Spirituall or Temporall; in his owne Dominions supreame Governour. But now wee may take vp Cyprian his complaint, Lib. 3. Ep. 14. Quod non periculum metuere debemus de offensâ Domini, quando aliqui de Presbyteris, nec Evangelii, nec loci sui memores; sed neque futurum Dei judicium, neque præpositum sibi Episcopum cogitantes, quod nunquam omnino sub antecessoribus factum est, cum contumelia & contemptâ præpositi, totum sibi vendicent? A’que vtinam non prostrata fratrum nostrorum salute sibi omnia vendicarent. Contumelias Episcopatus nostri dissimulare & ferre possem; sicut dissimulavi semper & pertuli; sed dissimulandi nunc locus non est, quando decipiatur fraternitas nostra à quibusdam vestrum, qui dum sine ratione restituendæ salutis plausibiles esse cupiunt, magis lapsis obsunt.
XIII. Lastlie; it is most manifest by the Premisses, how absurd it is, and contrarie to all Reason and Practise of the Christian Church, that Archbishops and Bishops shall bee judged by Presbyters; and more absurd, that they should bee judged by a mixt meeting of Presbyters and Laicks, conveaning without lawfull authoritie of the Church. Howe, and by whome they are to bee judged, according to the custome of Auncient times, may bee seene by the Councell of Chalcedon, Can. 9. and Concil. Milevit. Can. 22. and Concil. Carthag. 2. Can. 10. Nor doe wee decline the lawfull tryall of anie competent judicatorie in the Kingdome, especiallie of a Generall Assemblie lawfully constitute, or of his Majesties high Commissioner, for anie thing in life or doctrine can be layde to our charge: onlie we declare and affirme, That it is against Order, Decencie, and Scripture, that wee should be judged by Presbyters or by Laickes, without Authoritie and Commission from Soveraygne Authoritie.
For the reasons fore-sayd, and manie moe, and for discharge of our duetie to GOD, to his CHVRCH, and to our Sacred Soveraygne, lest by our silence we betray the CHVRCHE’S right, his Majesties Authoritie, and our owne Consciences, Wee for our selues, and in Name of the CHVRCH of SCOTLAND, are forced to protest, That this Assemblie bee reputed and holden Null in Lawe Divine and Humane; and, That no Church-man bee holden to appeare before, assist or approue it; and therefore, that no Letter, Petition, Subscription, Interlocutor, Certification, Admonition, or other Act what-so-ever proceeding from the said Assemblie, or anie member thereof, bee anie wise prejudiciall to the Religion and Confession of Fayth by Act of Parliament established, or to the Church, or anie member thereof, or to the Iurisdiction, Liberties, Priviledges, Rentes, Benefices, and Possessions of the same, Actes of Generall Assemblie, of Councell, and Parliament, in Favoures thereof; or to the three Estates of the Kingdome, or anie of them; or to vs, or anie of vs, in our Persons, or Estates, Authoritie, Iurisdiction, Dignitie, Rentes, Benefices, Reputation, and good Name: But on the contrarie, That all such Actes and Deedes aboue-mentioned, and every one of them, are, and shall bee reputed and esteemed vnjust, illegall, and Null in themselues; with all that hath followed, or may follow there-vpon.
And for as much as the sayde Assemblie doeth intende, (as we are informed) to call in question, discusse, and condemne thinges not onelie in themselues lawfull, and warrandable; but also defined and determined by Actes of Generall Assemblie, and Parliaments, and in practise accordinglie; to the disgrace and prejudice of Reformed Religion, authoritie of the Lawes and Liberties of the Church and Kingdome; weakning his Majesties Authoritie, disgracing the Profession and Practise, which hee holdeth in the Communion of the Church where he liveth; and branding of Reformed Churches, with the foule aspertions of Idolatrie and Superstition: Wee protest before GOD and man, that what shall bee done in this kinde, may not redound to the disgrace or disadvantage of Reformed Religion, nor bee reputed a deede of the Church of SCOTLAND.
Wee protest, that wee imbrace and hold, That the Religion presentlie professed in the Church of Scotland, according to the Confession thereof, receaved by the Estates of this Kingdome, and ratified in Parliament, the yeare 1567, is the true Religion, bringing men to Eternall Salvation, and doe detest all contrarie Errour.
Wee protest, That Episcopall Government in the Church, is lawfull, and necessarie: and, That the same is not opposed, and impugned, for anie Defect or Fault, eyther in the Government or Governoures; but by the malice and craft of the Devill, envying the successe of that Government in this CHVRCH these manie yeares by-past, most evident, in planting of Churches with able and learned Ministers, recovering of the Church Rents, helping of the Ministers Stipends, preventing of these jarres betwixt the KING and the CHVRCH, which in former tymes dangerouslie infested the same, keeping the people in Peace and Obedience, and suppressing of Poperie, which in respect eyther of the number of their Professoures, or boldnesse of their Profession, was never at so lowe an ebbe in this Kingdome, as before these stirres.
Wee protest, That seeing these who for scruple of conscience did mislyke the Service-Booke, Canons, and high Commission, which were apprehended, or given foorth, to be the cause of the troubles of this Church, haue now receaved satisfaction, and his Majestie is graciouslie pleased to forget and forgiue all offences by-past in these stirres; that all the Subjectes of this Kingdome may liue in Peace and Christian Loue, as becommeth faythfull Subjectes, and good Christians; laying aside all hatred, envye, and bitternesse. And if anie shall refuse so to doe, they may beare the blame, and be thought the cause of the troubles that may ensue: and the same bee not imputed to vs, or anie of vs, who desire nothing more, than to liue in peace and concord with all men, vnder his Maiesties obedience, and who haue committed nothing agaynst the Lawes of the Kingdome, and Church, that may giue anie man just cause of offence; and are so farre from wishine hurt to anie man, in his person, or estate, notwithstanding all the indignities and injuries wee haue suffered, that for quenching this present Combustion, and setling Peace in this Church, and Countrey, wee could bee content, after clearing of our innocencie, of all thinges where-with wee can bee charged, not onelie to lay downe our Bishoprickes at his Majesties feet, to be disposed of at his Royall pleasure; but also, if so bee, it pleased GOD, to lay downe our lyues, and become a Sacrifice, for this Atonement.
Wee protest, in the sight of GOD, to Whom one day wee must giue Account, That wee make vse of this DECLINATOR, and PROTESTATION, out of the conscience of our duetie to GOD, and His CHVRCH; and not out of feare of anie guiltinesse, whereof anie of vs is conscious to himselfe, eyther of wickednesse in our lyues, or miscarriage in our Callings: being content, everie one of vs, for our owne particular, (as wee haue never showne our selues to bee otherwyse) to vnder-goe the lawfull, and moste exact Tryall, of anie competent Judicatorie within this Kingdome, or of his Majesties high Commissioner.
And wee moste humblie intreat his Grace, to intercede with the King’s Majestie, That hee may appoynt a Free and Lawfull Generall Assemblie, such as GOD’S Word, the practise of the Primitiue Church, and Lawes of the Kingdome doe prescrybe, and allowe, with all convenient speed, to the effect, the present Distractions of the Church may be setled. And if there be anie thing to be layd to the charge of any of the Clergie, of whatso-ever degree, eyther in Lyfe and Manners, or Doctrine, or exercise of his Calling, and Iurisdiction, hee may bee heard to aunswere all Accusations, and abyde all tryall, eyther for clearing his innocencie, or suffering condigne punishment, according to his Transgressions: declyning alwayes this Assemblie, for the causes aboue-written. Lyke as by these Presentes, wee, and everie one of vs, declyne the same, the whole Members thereof, and Commissioners fore-sayd, directed therevnto, and everie one of them.
Wee protest, That this our PROTESTATION in respect of our lawfull absence, may bee receaved, in the Name of vs vnder-subscribing for our selues, and in the Name of the CHVRCH of SCOTLAND, that shall adheare to the sayde PROTESTATION, and in the Name of everie one of them, From our well-beloved, Doctor Robert Hamilton, Minister at Glasford: