Protestation of the Noblemen

The Protestation of the Noblemen, Barons, Gentlemen, Borrowes, Ministers, and Commons, &c.

W EE Noblemen, Barons, Gentlemen, Burgesses, Ministers, and Commons, His Majesty's true and loyal Subjects, that whereas our continual supplications, complaints, articles, and informations presented first to the Lord's of His Majesty's privy Counsel, Next, to His sacred Majesty; and last from time to time to His Majesty's Commissionar, our long attendance and great patience this twelve month bygone in waiting for satisfaction of our most just desires, Our zeal to remove all rubs out of the way, which were either mentioned unto us, or could be conceived by us, as hindrances of our pious intentions, aiming at nothing but the good of the Kingdom, and preservation of the Kirk, which by consumption or combustion is liklie to expire; delighting to use no other means but such as are legal, and have been ordinary in this Kirk, since the reformation, and laboring according to our power and interesse, that all things might be carried in a peaceable manner worthy of our Profession and Covenant, Our Protestation containing a hearty thanksgiving for what his Majesty in his proclamation from his justice had granted of our just desires; and our Protests and hopes for so much as was not as yet granted. All these made us confidently to expect from his Majesty's royal and compassioned disposition towards this his native kingdom, that a free general assembly, and parliament should have been indicted, as the ordinare and most proper remedies of our grievances, and did contstrain us to renew our petition, earnestly entreating, that His Majesty's Commissionar, would be pleased to represent unto His Majesty the condition of this Kirk and kingdom, crying in an extreme exigencie for present help, with the lawfulness of the remedies prescribed by his Majesty's laws, required by us, and presented to him in some particular articles, which his Grace promised to recommend to his Majesty, and to do his best endeavors for obtaining the same; especially the first article, that there might be indicted a full and free general assembly, without prelimitation, either in the constitution and members thereof, in the order and manner of proceeding, or in the matters to be treated: and if there should be any question or doubt about one of these, or such like particulars, that the determination thereof might be remitted to the assembly itself, as the only proper and competent judge. And now after so many suplications, complaints, articles, and informations, after our necessary protestation, expressing the humble thankfulness and continued desires of our hearts, after so long expectation and so much dealing, having with open ears, and attentive minds heard his Majesty's proclamation, it is our desire, purpose, and endeavor so to proceed, that we may upon the one part still be thankful to God, and the King, for the least blinke of His Majesty's countenance, and the smallest crumbs of comfort that fall unto us from His Majesty's royal hands, beseeching the Lord, yet further to enlarge his Majesty's heart, for our full satisfaction, and rejoiceing to the honor of God, the good of this kirk and kingdom, and his Majesty's never dying fame and glory, that his wife government & zeal to the service of God, may be a measure and pattern of desires to all generations hereafter, when they shall be wishing for a religious and righteous King. And on the other part, that Christ our Lord, the King of kings, through our neglect or lukewarmness, may want no part of his Soveraignitie and Dominion; and that in our religion, which is more dear unto us then our lives, we deceive not ourselves, with that which can not satisfy, and make up the breach of this kirk and kingdom, or remove our fears, doubts, and suspicions, of the innovations of religion: This hath made us to observe, and perceive, that his Majesty's proclamation doeth ascribe all the late distractions of this Kirk and Common-wealth, to our conceived seares of the innovation of religion and law, as the cause and occasion thereof, and not to the innovations themselves, with which we have been for a long time, and especially of late heavily pressed and grieved, as if the cause were rather in apprehension and fancy, then in reality and substance. That the service book and book of Canons are not so far discharged by this proclamation, as they have been urged by preceeding proclamations; for this proclamation only dischargeth the practice of them, and rescinds the acts made for establishing their practice, but doeth not rescinde the former proclamations, namely that of the 19. of Februar, at Stirling, and that of the fourth of Julie at Edinburgh, which give an high approbation to these books, as fit means to maintain religion, and to beat down all superstition, and withal, declares his Majesty's purpose, to bring them into this kirk in a fair and legal way; and thus both our fears, that they may be introduced hereafter, must still remain, and the liberty of the general Assemblie, by such a declaration of his Majesty's judgment, is not a little prejudged, in the minds of so many as wisely consider, and compare the preceeding proclamations with this which we now hear, although others who looking upon one step, and not upon the whole progress, run on rashly, and neither considering what they are doing, nor with whom they are dealing, may be easily deceived, Qui pauca videt, cito judicat, a short sight maketh a sudden judgment.

That it is declared in this proclamation, that His Majesty neither intendeth to innovate anything in religion or laws, or to admit of any change or alteration in the true religion already established and professed in this kingdom: and withal, this is interposed, that the articles of Pearth are established by the acts of parliament, and general assembly, and dispensation of the practice only granted, and discharge given, that no person be urged with the practice thereof; and consequently, His Majesty's intention for the standing of the acts of the Assemblie and Parliament, appointing the articles of Pearth, is manifest, which is no small prejudice to the freedom of the general Assemblie, That while the Proclamation ordaineth all his Majesty's subjects to be liable to the trial and censure of the Judicatories competent, and that none of them shall use any unlimited and unwarranted power; likewise that no other oath be administered to Ministers at their entry, then that which is contained in the Act of Parliament, in both these articles the bishops are meaned, who are only thereby for the present curbed, against their exorbitancie and enormities, in exercing their office; but the office of bishops is thereby not only presupposed as it questionable, but also so strongly established, that His Majesty declareth for the present his intention, to admit no innovation therein, which is more evident by the indiction of the Parliament, warning all prelates to be present, as having voice and place in Parliament: and by the indiction of the assembly, warning all archbishops and bishops (for so are their diverse degrees and offices Ecclesiastical here designed and supposed) to be present; as having place and voice in the Assemblie, contrary to the caveats, acts of the Kirk, and our declinator; and thus a third and great limitation is put upon the general Assemblie. The Proclamation by reason of these many real limitations, and preiudices of the liberty of the Assemblie in the very points, which have wrought so much woe and disturbance in this Kirk and Kingdom, and wherein the liberty of the Assemblie is most useful and necessary at this time, can neither satisfy our grievances and complaints, nor remove our fears and doubts, nor cannot without protestation be admitted by us his Majesty's subjects, who earnestly desire that Truth and Peace may be established, and that for the reasons following,

1. TO keep silence in anything, that may serve for the good of the Kirk, whether it be in preaching, prayer, or in proposing, and voiceing in a lawful Assemblie of the Kirk, is against the word of God, Isaiah. 62. 6. Ye that are the Lord's remembranceers, keep not silence, and give him no rest, till he establish, and till he make Jerusalem a praise in the earth: 1 King. 18. 21. Like the halting of the people between two opinions, and their not answering a word, when the LORD called them to give a testimony; Act. 20. 20. I have keeped back nothing that was profitable unto you: And again, 1 Cor. 12. 7. Math. 15. 18. Rom. 1. 18. Revel. 2. 14. 20. and 3. 15, and therefore to keep silence, or not to medle with corruptions, whether in doctrine, sacraments, worship, or discipline, in a general Assemblie of the Kirk, convened for that end, were the ready way to move the Lord to deny his Spirit unto us, and to provoke him to wrath against our proceedings, and might be imputed unto us for prejudice, for collusion, and for betraying ourselves, and the posterity.

2. This predetermination is against our supplications, and protestations, wherein we have shown ourselves so earnest for a free general Assemblie, contrary to every limitation of this kind, so far preiudging the liberty thereof, is against the Confession of Faith, registrated in the Parliament 1567. declaring, that one cause of the councils of the Kirk is for good policy and order to be observed in the Kirk, and for to change such things as men have devised, when they rather foster superstition then edify the Kirk, using the same, and is against our late Confession, wherein we have promised to forbear all novations till they be tried, which obligeth us to forebeare now, and to try them in an Assembly & by all lawful means to labor to recover the former puriue and liberty of the Gospel to which this limitation is directly repugnant, our liberty in agenerall assembly being the principal of all lawful means serving to that end.

3, This were directly contrary to the nature and ends of a general assembly, which having authority from GOD, being convened according to the laws of the Kingdom, and receiving power from the whole collective body of the Kirk, for the good of Religion, and safety of the Church; What-so-ever may conduce for these good ends in wisdom and modesty should be proponed, examined, and determined without Prelimitation, either of the matters to be treated, or of the liberty of the members thereof. It being manifest, that as far as the assembly is limited in the matters to be treated, and in the members to be used, the necessary ends of the Assembly, and the supreme Law, which is the safety of the Kirk, are as far hindered, and prejudged.

This limitation is against the Discipline of the Kirk, which book 2. chap. 7. declareth this to be one of her liberties, That the Assembly hath power to abrogate and abolish all Statuts and ordinances concerning ecclesiastical matters that are found noisome and unprofitable and agree not with the time, or are abused by the people, and against the acts of the general assembly. Like as the pretended Assembly 1610. declareth for the common affairs of the Church (without exception or limitation) it is necessary that there be yearly general Assemblies, And what order can be hoped for here-after if this assembly indicted after so long intermission, and so many gross corruptions be limited, and that more than ever any lawful Assembly of the Kirk was, when it was yearly observed.

5. It is ordained in Parl. 11. act 40. K. James 6. anent the necessary and lawful form of all Parliaments that nothing shall be done, or commanded to be done, which may directly or indirectly prejudge the liberty of free voicing or reasoning of the Estates, or any of them in time coming. It is also appointed in Parl. 6: act 92. K. James 6. that the Lord's of Counsel and Session proceed in all civil causes intended or depending before them, or to be intended, to cause execute their decrees notwithstanding any private writing, charge, or command in the contrary, and generally by the acts of Parliament appointing every matter for its own judicatorie, and to all judicatories their own freedom. And therefore much more doeth this liberty belong to the supreme judicatorie ecclesiastic in matters so important as concerneth GOD'S honor and worship immediately, the salvation of the people's Souls & right constitution of the Kirk whose liberties & priledges are confirmed Parl. 12. K. James. 6. Parl. 1. K. Charles.▪ for if it be carefully provided by diverse Acts of Parliament, especially Parl. 12. act 148. K. James 6. That there be no forstalling or regrating of things pertaining to this natural life: What shall be thought of this spiritual forstalling and regrating which tendeth to the famishing or poisoning of the souls of the people both now and in the generations afterward.

6. It were contrary to our Protestations, proceedings and complaints against the late innovations. And it might be accounted an innovation and usurpation as gross and dangerous to us, and the posterity, and as prejudicial to Religion as any complained upon by us, to admit limitations, and secret or open determinations, which belongeth to no person or judicatorie, but to an Asembly, Or to consent to, and approve by our silence the same praedeterminations It were to be guilty of that ourselves, which we condemn in others We may easily judge how the Apostles before the Counsel of Jerusalem, the Fathers be fore the Nicene Council, and our Predecessors before the assembly▪ holden at the Reformation, and afterwards would have taken such dealing.

That this Proclamation commandeth all his Majesty's Subjects for maintenance of the Religion already established to subscribe and renew the Confession of Faith subscribed before in the year 1580 and afterward. And reqyreth the Lord's of privy Counsel to take such course anent the same, and the general Band of Maintenance of the true Religion, and the Kings person, that it may be subscribed, and renewed throughout the whole Kingdom with all possible diligence, which cannot now be performed by us. For although of late we would have been glad that ourselves and other his Majesty's Subjects had been commanded by authority to swear, and subscribe the general Confession of Faith against Popish errous, and superstitions: and now would be glad that all others should join with us in our late Covenant and Confession, descending more specially to the novations and errors of the time, and obliging us to the defense of Religion; & of the Kings Majesty's person, and authority, and for these ends to the mutual defense everyone of us of another, Yet can we not now after so necessary. and so solemn a specification return to the general for the reasons following.

1. No means have been left unassayed against our late Confession of Faith and Covenant so solemnly sworn and subscribed. For first we were pressed with the rendering and rescinding of our Covenant. Next an alteration in some substantial pointes was urged, 3, a Declaration was motioned, which tended to the enervation thereof, and now we find in the same strain, that we are put to a new trial, and the last mean is used more subtle than the former: That by this new subscription our late Covenant, & Confession may be quite absorbed and buried in oblivion, that where it was intended and sworn to be an everlasting Covenant never to be forgotten, it shall be never more remembered, the one shall be cried up, and the other drowned in the noise thereof, And thus the new subscription now urged (although in a different way) shall prove equivalent to the rendering of the Covenant, or what of that kind hath before been assayed. Like as the reasons against the rendering of the Covenant, do militate directly against this new motion.

3. If we should now enter upon this new Subscription, we would think ourselves guilty of mocking God, and taking his Name in vain, for the tears that began to be poured forth at the solemnizing of the Covenant are not yet dried up & wiped away, & the joyful noise which then began to sound hath not yet ceased▪ and there can be no new necessity from us, and upon our part pretended for a ground of urging this new subscription, at first intended to be an abjuration of Popery upon us who are known to hate popery with an unfeigned hatred, and have all this year bygone given large testimony of our zeal against it. As we are not to multiply miracles upō God's part, so ought we not to multiply solemn oaths and Covenants upon our part, and thus to play with oaths, as children do with their toys, without necessity.

3. Neither would we in giving way to this new subscription think ourselves free of perjury: for as we were driven by an undeclinable necessity to enter into a mutual Covenant, so are we bound, not only by the law of GOD and nature, but by our solemn oath and subscription, against all divisive motions to promove and observe the same without violation: and it is most manifest, that having already refused to render, alter, or destroy our Covenant, nothing can be more contrary and adverse to our pious intentions and sincere resolutions, than to consent to such a subscription and oath, as both in the intention of the urgers, and in the nature and condition of the matter urged, is the ready way to extinguish, and to drown in oblivion the Band of our union and conjunction that they be no more remembered. In this case we are called to lay seriously to our hearts. 1, That we have sworn that we shall neither directly, nor iudirectly suffer ourselves to be divided and with-drawn from this blessed & loyal conjunction, which consisteth not only in the general Confession but also in our explanation, and application thereof, but on the contrary, shall by all lawful means, labor to further and promove the same. 2. That our union and conjunction may be observed without violation, (and so without mutilation of our application) we call the living LORD to witness, as we shall answer to Christ in the great Day, &c.

4. This new subscription, instead of performing our vows, would be a real testimony and confession before the World, That we have been transgressors in making rash vows, that we repent our selves of former zeal and fordwardnesse against the particulars expressed first in our Supplications, Complaints, and Protestations, & next abjured in our Covenant, that we in our judgment prefer the general Confession unto this, which necessarily was now made more special; & that we are now under the fair pretext and honest cover of a new oath recanting and undoing that, which upon so mature deliberation we have been doing before, This beside all other evils, were to make way and open a door to the re-entry of the particulars abjured, and to repent ourselves of our chiefest consolations, and to lie both against God and our own souls.

5. It hath been often objected, that our Confession of faith, and Covenant was unlawful, because it wanted the warrants of public authority, and it hath been answered by us, that we were not destitute of the warrant civil and ecclesiastical which authorized the former Covenant. And although we could have wished that his Majesty had added both his subscription and authority unto it, yet the less constraint from authority and the more liberty, the less hypocrisy, and more sincerity hath appeared: But by this new subscription urged by authority we both condemn our former subscription as unlawful. because alleged to be done without authority, and precondemne also the like laudable course in the like necessity to be taken by the posterity,

6. What is the use of merch-stones upon borders of Lands, the like use hath Confessions of Faith in the Church, To disterminate and divide betwixt Truth and error: and the renewing and applying of Confessions of Faith to the present errors and corruptions, are not unlike ryding of merches And therefore to content our selves with the general, and ro return to it, from the particular application of the Confession necessarlye made upon the invasion or creeping in of errors within the borders of the Church, if it be not a removeing of the merch stone from the own place, It is at least the hyding of the merch in the ground that it be not seen, which at this time were very unseasonable for two causes. One is▪ because Popery is so pregnant, and powerful in this land, as we have learned of late.

The other, because the Papists who upon the urging of the Service book, and Canons, 〈…〉 of our return to Rome, will upon this our subscription arise from their dispareing of us, unto their 〈◊〉 presumption. None of us will deny, but the 〈◊〉 Confessionn of Faith registrated in the Acts of Parliament, doeth by consequence contain this short confession and abjuration: Yet were it not sufficient against Poperye to subscribe the one without the other. how then shall we think that the more general Confession and abjuration at this time, when the urging of such Popish books hath extorted from us so necessary an application, and doth still call for a testimony, to be complete eneugh without it.

7. The Papists shall hereby be occasioned to renew their old objection against us, Annuas & menstruas sides de Deo decernunt. That our Faith changeth with the Moon, or once in the year. Other reformed Kirks might justly wonder at our inconstancy in changing our Confession without any real necessity, & that in one & the same yere it cometh forth larger, & more particular, then shorter, and more general: and our Adversaries will not fail to traduce us as troublers of the peace of the Church and Kingdom without any necessar cause.

8. It will likewise prove a confirmation of their error, who think they may both subscribe the Confession of Faith, and receive the Service book, and Canons, which is not only a direct scandaling of them, but also a ready way to put a weapon in their hands against ourselves, who maintain and profess that these and such other evils are abjured in the Confession of Faith.

9. It we should now swear this Confession we should be obliged by our oath to maintain Perth articles, which are the innovations already introduced in the worship of God, and to maintain Episco pacie, with the civil places, and power of Kirkmen. Because we are bound to swear this Confession by virtue of and conform unto the Kings command signed by his sacred Majesty of the date September 9. 1638. (These are the very words subjoined to the Confession and Band, and prefixed to the Subscriptions) and it cannot be denied, but any oath ministered unto us, must either be refused; or else taken according to the known mind, professed intention, and express command of Authority urging the same: And it is most manifest, that His Majesty's mind, intention, and Commandment, is no other, but that the Confession be sworn, fought the maintenance of religion, as it is already or presently professed, (these two being coincident, altogether one and the same, not only in our common form of speaking, but in all His Majesty's proclamations) and thus as it includeth, and containeth within the compass thereof, the foresaids novations and Episcopacy, which under that name were also ratified, in the first Parliament holden by his Majesty. And where it may be objected, that the Counselors have subscribed the Confession of Faith, as it was professed 1580. and will not urge the Subscription in another sense upon the Subjects. We answer, First, the Act of Counsel containing that declaration, is not as yet published by Proclamation. Secondly, if it were so published, it behooved of necessity either be repugnant to His Majesty's declared Judgment and Command, which is more not to swear without warrand from Authority (a fault although unjustly often objected unto us) or else we must affirm the Religion in the year 1580. and at this time to be altogether one and the same▪ and thus must acknowledge, that there is no novation of Religion, which were a formal contradiction to that we have sworn. 3. By approving the Proclamation anent the Oath to be administered to Ministers, according to the Act of Parliament, which is to swear simple obedience to the Diocesan Bishop, and by warning all Archbishops and Bishops to be present; as having voice and place in the Assemblie: They seem to determine, that in their Judgment the Confession of Faith, as it was professed 1580. doeth consist with Episcopacy, whereas We by our oath have referred the trial of this or any other question of that kind to the general Assemblie and Parliament.

10. This Subscription and oath in the mind and intention of authority, and consequently in our swearing thereof, may consist with the corruptions of the Service book and Canons, which we have abjured as other heads of Popery: For both this present proclamation, and his Majesty's former proclamations at Linlithgow, Striveling, Edinburgh; The Lord's of privy Counsel in their approbation of the same; and the prelates and doctors who stand for the Service book and Canons, Do all speak plainly, or import so much, That these books are not repugnant to the Confession of Faith, and that the introduceing of them is no novation of religion or law: And therefore we must either refuse to subscribe now, or we must confess contrary to our late Oath, and to a clear Truth, that the Service book and Canons are no innovations in Religion. And, although the present books be discharged by proclamation, yet if we shall by any deed of our own testify, that they may consist with our Confession of Faith, within a very short time, either the same books, or some other like unto them, with some small change, may be obtruded upon us, who by Our abjuration (if we adhere unto it) have fred both ourselves, and the posterity of all such corruptions, and have laid a fair foundation for the pure worship of God in all time coming.

11. Although there be indeed no substantial difference between that which We have subscribed, and the Confession subscribed 1580. more then there is between that which is hid, and that which is revealed. A march stone hid in the ground, and uncovered, betwixt the hand closed and open, betwixt a sword scheathed and drawn, or betwixt the large Confession, registrat in the Acts of Parliament, and the short Confession, or (if we may with reverence ascend yet higher) between the Old Testament and the New, yet as to scheath our sword when it should be drawn, were imprudencie; or at the commandment of Princes, professedly popish in their dominions, after the Subjects had subscribed both Confessions, to subscribe the first without the second▪ or at the will of a Jewish Magistrate, openly denying the New Testament, to subscribe the Old alone, after that they have subscribed both, were horrible impiety against God, and treachery against the Truth: Right so, for Us to subscribe the former a-part, as it is now urged and framed, without the explanation and application thereof at this time, when ours is rejected; and the subscribers of the former refuse to subscribe ours, as containing something substantially different, and urge the former upon us, as different from ours, and not expressing the special abjuration of the evils, supplicated against by us, were nothing else, but to deny and part from our former subscription, if not formally, yet interpretatively. Old Eleazar, who would not seem to eat forbidden meat, and the Confessors and Martyrs of old, who would not seem by delivering some of their papers, to render the Bible, or to deny the Truth, may teach us our duty in this case, although our lives were in hazard for refusing this Subscription: And who knoweth, but the LORD▪ may be calling His people now, who have proceeded so far in professing His Truth at this time, to such Trials and Confessions, as His faithful Witnesses have given of old; that in this point also our doing may be a document both to the succeeding ages, and to other Kirks to whom for the present we are made a spectacle.

12. If any be so forgetful of his oath (which God forbid) as to subscribe this Confession, as it is now urged, he doeth according to the proclamation acquiesce in this declaration of his Majesty's will, and doeth accept of such a pardon as hath need to be ratified in parliament, And thus doeth turn our glory unto shame, by confessing our guiltiness, where God from Heaven hath made us guiltless, and by the fire of His Spirit from Heaven hath accepted of our service, And doeth depart from the commandment of God, the practice of the Godly in former times, and the worthy and laudable example of our worthy and religious progenitors, in obedience whereof, and conform to which We made profession to subscribe: for there is no particular Act required of us, to whom the pardon is presented in this proclamation, but this new Subscription allanerlie.

13, The general band now urged to be subscribed, as it containeth many clauses not so fitting the present time as that wherein it was subscribed, so is it deficient in a point, at this time most necessary, Of the reformation of our lives, that we shall answerablie to our profession, be examples to others, of all Godliness, soberness and righteousness and of every duty we ow to GOD and man; without which we cannot now subscribe this Confession, least we loose the bands to wickedness, seem to repent of our former resolutions and promises, and chose to have our portion with hypocrites, professing and sweareing that we know GOD, but in our works denying him, being abominable, disobedient, and unto every good work reprobate.

14. Since the narrative of the general hand is now changed, and some lines, expressing at length the Papists, and their adherents to be the party from whom the danger to religion, and the Kings Majesty was threatened, are left out, and no designation made of the party from whom the danger is now threatred, We are made either to think, that our subscription at this time is unnecessary; or to suspect that we who have supplicated and entered in Covenant, are understood to be the party; especially since the Lord's of Counsel have in the act September 22. ratifiing the Proclamation, found themselves bound to use their best endeavors, that all his Majesty's good Subjects may rest satisfied with his Majesty's declaration, since also we have been (although undeservedly challenged of disorders, distractions, and dangers to religion, and his Majesty's authority, and since in the forsaid act and in the missive directed to his Majesty, the Lord's of Council offer their lives, and fortunes to his Majesty, in repressing all such, as shall hereafter press to disturb the peace of this Kirk and Kingdom, which being expressed in a generality is by many applied to us and interpreted of our adhering to our Covenant; We should therefore, by our subscription of the Covenant, as it is now conceived, both do directly against our own minds, in condemning our selves, wherein we are innocent, and should consent to our own hurt to the suppressing of the cause which we maintain, and to the repressing mutually one of us of another, directly contrary, to our former solemn oath and subscription.

15. The Subscribing of this Confession by the Lord's of his Majesty's privy Counsel, who by their place and high employment are public Peace-makers, and by others who have not subscribed the late Confession will make the breach wider, and the lamentable division of this Kirk more desperate then ever before; some having sworn to labor by all lawful means to recover the former liberty, and purity of religion▪ and others maintaining that for purity, which is already established, some believing and professing that the evils supplicated against, are abjured in that Confession of Faith; and others maintaining the Confession of Faith, and these corruptions (although for the present discharged by authority) not to be inconsistent: and beside this many divisions and subdivisions will ensue to the dulefull renting of the Kirk and Kingdom, making way for the wrath and many judgments of God often threatened by his faithful servants, which all the Godly ought to labor by all means to prevent.

16. We represent also to the honorable Lord's of privy counsel to be considered, That the Doctrine, Discipline, and Use of Sacraments are sworn, and the contrary abjured, according to the Word of God, and the meaning of the Kirk of Scotland, in the books of Discipline, and Acts of Assemblies, And that in the Oath there is no place left to the generality of any man's conception of the true Faith and Religion, nor to any private interpretation, or mental reservation.

For these and the like considerations, In our own name, and in name of all who will adhere to the late Covenant, subscribed by us, and sealed from Heaven, We from our duty to God, our King, our native country, ourselves, and the posterity, least our silence import a satisfaction of our desires, and a stopping of our mouth, from necessary supplication for things yet to be obtained from His Majesty's just and gracious disposition, are constrained to declare and protest, First, That the cause and occasion of the distractions of the kirk and commonwealth, are no ways to be imputed unto us, or our needless fears, but to the innovations and corruptions of Religion, which against the acts and order of this kirk, and the laws of the kingdom have been pressed upon us the people of GOD, and his Majesty's loyal Subjects; who, although under great thralldom, were living in peace and quietness, laboring in all godliness and honesty to do our duty to God and man. Secondly, We protest, that all questions and doubts that arise, concerning the freedom of the Assemblie whether in the constitution, and members thereof, or in the matters to be treated, or in the manner and order of proceeding, be remitted to the determination of the assembly it self, as the only proper and competent judge; And that it shall be lawful for us, being authorized with lawful commissions, as at other times when the urgent necessity of the Kirk shall require, so in this exigence to assemble ourselves at the diet appointed, notwithstanding any impediment or prorogation to the contrary. And being assembled, against all qualifications and predeterminations, or presupposals, to propone, treat, reason, vote, and conclude, according to the Word of God, Confession of Faith, and acts of lawful Assemblies, in all Ecclesiastical matters; pertaining to the assembly, and tending to the advancement of the Kingdom of Christ and good of Religion.

Thirdly, since Archbishops and Bishops have no warrand for their office in this Kirk, since it is contrary both to reason and to the Acts of the Kirk, that any have place and voice in the Assemblie, who are not authorized with lawful commissions: And seeing both in common equity, and by the tenor of this Proclamation they are made liable to the trial and censure of the Assemblie, We protest, that they be not present, as having place or voice in the Assemblie, but as rci to compeere, for underlying trial and censure upon the general complaints already made; and the partiular accusations to be given in against them; And that the warning given by His Majesty's Proclamation, and this our Protestation, be a sufficient citation to them, to compeer before the Assemblie, for their trial, and censure in life, office, and benefice.

Fourthly, We solemnly protest, that We do constantly adhere to our Oath and Subscription of the Confession of Faith and Covenant, lately renewed and approven, with rare and undeniable evidences from heaven; of the wonderful workeings of his Spirit, in the hearts both of Pastors and people, through all the parts of the kingdom, And that we stand to all parts and clauses thereof, and particularly to the explanation and application, containing both our abjuration of, and our union against the particular evils and corruptions of the time, a duty which the Lord at this time especially craveth at our hands.

Fifthly, We also Protest, that none of us who have Subscribed, and do adhere to our Subscription of the late Covenant, be charged, or urged, either to procure the subscriptions of others or to subscribe our selves unto any other Confession or Covenant, containing any derogation there unto, especially that mentioned in the Proclamation, without the necessary explanation and the application thereof already sworn by us for the reasons above expressed: And because, as we did in our former Protestation appeal from the Lord's of His Majesty's Counsel, so do we now by these renew our solemn appeal, with all solemnities requisite unto the next free general Assemblie and Parliament, as the only supreme national Judicatories competent, to judge of national causes and proceedings.

Sixthly, We Protest, That no subscription, whether by the Lord's of Counsel or others, of the Confession, mentioned in the Proclamation, and enjoined for the maintenance of religion, as it is now already▪ or at this present time established, and professed within this Kingdom, without any innovation of religion or Law, be any manner of way prejudicial to our Covenant, wherein we have sworn to forbear the practice of Novations already introduced, &c. Till they be tried in a free Assemblie, And to labor by all lawful means, to recover the purity and liberty of the Gospel as it was established and professed before the foresaid innovations: And in like manner that no subscription forsaid be any derogation to the true and sound meaning of our worthy predecessors at the time of their Subscription in the year 1581. and afterward. Withall warneing and exhorting all men who lay to heart the cause of religion against the coruptions of the time and the present estate of things, both to subscribe the Covenant as it hath been explained, and necessarely applied, and as they love the purity and liberty of the Gospel to hold back their hands from all other Covenants, till the Assemblie now indicted be conveined, and determine the present differences and divisions, and preserve this country from contrary oaths.

Seventhly, As his Majesty's royal clemency appeareth, In forgiving and forgetting what his Majesty conceaveth to be a disorder or done amiss, In the proceeding of any; So are we very confident of his Majesty's approbation to the integrity of our hearts, and peaceableness of our ways, and actions all this time past: And therefore, We Protest, that we still adhere to our former complaints, Protestations, lawful meetings, proceedings, mutual defences, &c. All which as they have been in themselves lawful, so were they to us, pressed with so many grievances in his Majesty's absence from this native Kingdom most necessary, and ought to be regarded as good offices, and pertinent duties of faithful Christians, loyal Subjects, and sensible members of this Kirk and Common-wealth, As we trust at all occasions to make manifest to all good men, especially to his sacred Majesty for whose long and prosperous government, that we may live a peaceable and quiet life in all Godliness and Honesty, We earnestly pray.

WHereupon a Noble Earl, James Earl of Montrose, &c. in name of the Noble men, Master Alexander Gibson, younger, of Durie, in name of the Barons; George Porterfield Merchant Burgess of Glasgow, in name of the Borrowes, Master Harie Rollogue Minister, at Edinburgh, in name of the Ministers, and Master Archbald Johnston, reader hereof, in name of all who adhere to the Confession of Faith and Covenant, lately renewed within this Kingdom, took instruments in the hands of three Notars present, at the said mercat cross of Edinburgh, being environed with great numbers of the forsaid Noblemen▪ Barons, Gentlemen, Borrowes, Ministers and Commons, before many hundred witnesses, and craved the extract thereof: And in token of their dutiful respect to his Majesty, confidence of the equity of their cause, and innocence of their carriage and hope of his Majesty's gracious acceptance, they offered in all humility with submiss reverence a copy thereof to the Herald.