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A68712 His Majesties proclamation in Scotland: with an explanation of the meaning of the Oath and Covenant. By the Lord Marquesse, his Majesties high commissioner. Set forth by the Kings speciall licence; Proclamations. 1638-12-08 Scotland. Sovereign (1625-1649 : Charles I); Hamilton, James Hamilton, Duke of, 1606-1649. Explanation of the meaning of the Oath and the Covenant. aut 1639 (1639) STC 22001.5; ESTC S100073 9,413 23

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Lord and his authority bring a testimoniall in writing thereupon within a moneth after their admission By the 48. act of the same parliament whereby it is declared that archbishops and bishops have authority at their visitations to designe ministers gleibes By the 54. act of the said parliament whereby archbishops and bishops are authorized to nominate and appoint at their visitations persons in every parochin for making and setting of the taxation for upholding and repairing of kirks and kirk-yards and to conveene try and censure all persons that shall be found to have applied to their own use the stones timber or any thing else pertaining to kirks demolished By the 55. act of the parliament 1573. whereby archbishops and bishops are authorized to admonish persons married in case of desertion to adhere and in case of disobedience to direct charges to the minister of the parochin to proceed to the sentence of excommunication By the 63. act of the parliament 1578. whereby bishops where no bishops are provided the Commissioner of diocesses have authority to try the rents of hospitals and call for the foundations thereof By the 69 act of the parliament 1579. whereby the jurisdiction of the kirk is declared to stand in preaching the word of Jesus Christ correction of manners and administration of the holy sacraments and yet no other authority nor office-bearer allowed and appointed by act of parliament nor is allowed by the former acts but archbishops and bishops intended to continue in their authority as is clear by these acts following First by the 71. act of the same parliament whereby persons returning from their travels are ordained within the space of twenty dayes after their return to passe to the bishop superintendent commissioner of the kirks where they arrive and reside and there offer to make and give a confession of their faith or then within fourtie daies to remove themselves forth of the realme By the 99. act of the parliament 1581. whereby the foresaids acts are ratified and approved By the 130. act of the parliament 1584. whereby it is ordained that none of his Maiesties lieges and subiects presume or take upon hand to impugne the dignity and authoritie of the three estates of this kingdome whereby the honour and authority of the kings Maiesties supreme court of parliament past all memorie of man hath been continued or to seek or procure the innovation or diminution of the power and authoritie of the same three estates or any of them in time coming under the pain of treason By the 131. act of the same parliament whereby all iudgments and iurisdictions as well in spirituall as temporall causes in practice and custome during these twenty four years by-past not approved by his highnesse and three estates in parliament are discharged and whereby it is defended That none of his highnesse subiects of whatsoever qualitie estate or function they be of spirituall or temporall presume or take upon hand to convocate conveen or assemble themselves together for holding of councels conventions or assemblies to treat consult or determinate in any matter of estate civill or ecclesiasticall except in the ordinary iudgements without his Maiesties speciall commandement or expresse licence had and obtained to that effect By the 132. act of the said parliament authorizing bishops to try and iudge ministers guilty of crimes meriting deprivation By the 133. act of the same parliament ordaining Ministers exercing any office beside their calling to be tried and adiudged culpable by their ordinaries By the 23. act of the parliament 1587. whereby all acts made by his highnesse or his most noble progenitors anent the kirk of God and religion presently professed are ratified By the 231. act of the parliament 1597. bearing That our soveraigne Lord and his highnesse estates in parliament having speciall consideration of the great priviledges and immunities granted by his highnesse predecessors to the holy kirk within this realme and to the speciall persons exercing the offices titles and dignities of the prelates within the same Which persons have ever represented one of the estates of this realm in all conventions of the saids estates and that the saids priviledges and freedomes have been from time to time renewed and conserved in the same integritie wherein they were at any time before So that his Maiestie acknowledging the same to be fallen now under his Maiesties most favourable protection therefore his Maiesty with consent of the estates declares that the kirk within this realme wherein the true religion is professed is the true and holy kirk And that such ministers as his Maiestie at any time shall please to provide to the office place title and dignitie of a bishop c. shall have vote in parliament sicklike and al 's freely as any other ecclesiasticall prelate had at any time by-gone And also declares that all bishopricks vaicking or that shall vaick shall be only disponed to actuall preachers and ministers in the kirk or such as shall take upon them to exerce the said function By the second act of the parliament 1606. whereby the ancient and fundamentall policie consisting in the maintenance of the three estates of parliament being of late greatly impaired and almost subverted especially by the indirect abolishing of the estate of bishops by the act of annexation Albeit it was never meaned by his Maiestie nor by his estates that the said estate of bishops being a necessary estate of the parliament should any wayes be suppressed yet by dismembring and abstracting from them of their livings being brought in contempt and poverty the said estate of bishops is restored and redintegrate to their ancient and accustomed honour dignities prerogatives priviledges lands teindes rents as the same was in the reformed kirk most amply and free at any time before the act of annexation rescinding and annulling all acts of parliament made in preiudice of the saids bishops in the premisses or any of them with all that hath followed or may follow thereupon to the effect they may peaceably enioy the honours dignities priviledges and prerogatives competent to them or their estate since the reformation of religion By the 6. act of the 20. parliament declaring that archbishops and bishops are redintegrate to their former authority dignity prerogative priviledges and iurisdictions lawfully pertaining and shall be known to pertain to them c. By the 1. act of the parliament 1617. ordaining archbishops and bishops to be elected by their Chapters and no other wayes and consecrate by the rites and order accustomed FINIS
and the three Estates of this realme at that time in being and it is well known that at that time Bishops Abbots and Priors made up a third estate of this realm which gave approbation to this confession of faith and therefore it is not to be conceived that this third estate did then abjure episcopacie or that episcopacie was at the first swearing of that confession abolished But say that at that time it was abolished by acts of generall Assembly yet was it not so by any act of Parliament nay by many acts of Parliament it was in force because none of them was repealed some whereof are annexed in the sheet immediatly after these reasons which we pray the reader carefully to peruse and ponder and at the very time of the taking of this oath and after bishops whose names are well known were in being Now it is to be hoped that in a Monarchy or any other well constituted republick that damnable Jesuiticall position shall never take place That what is once enacted by a Monarch his three estates in Parliament shall ever be held repealed or repealable by any ecclesiasticall nationall Synod By all which it is evident that the explanation of that act of councell so groundlesly urged can induce no man to imagine that by the confession of faith lately sworn by his Majesties commandment episcopall government which then did and yet doth stand established by acts of this Church and Kingdome either was or possibly could be abjured And having now good Reader heard his Majesties minde in his instructions to us our minde in requiring in his Majesties name this oath to be taken and these few reasons of many which do evidently evince the inconsequence of that sense which without any show of inference is put upon it by those who would go on in making men still beleeve that all which they do or say is grounded upon authority though they themselvs do well know the contrary we suppose that all they who have taken this oath will rest satisfied that they have not abjured episcopal government and that they who shall take it will take it in no other sense Which timely warning of ours we are the more willing to give because we are given to understand that even they who were wont to call the takers of this oath notwithstanding of that explanation by act of councell perjured and damned persons and in their pulpits called the urging of it the depth of Sathan do now mean to take it themselves and urge others to take it in that sense which they make men beleeve though wrongfully that act of councell makes advantageous to their ends But we do in his Majesties name require that none presume to take the said oath unlesse they be required so to do by such as shall have lawfull authority from his Majestie to administer it unto them being confident that none either will or can take the said oath or any other oath in any sense which may not consist with episcopall government having his Majesties sense and so the sense of all lawfull authority fully explained to them THat episcopall jurisdiction was in force by acts of parliament and no wayes abolished nor suppressed in the year 1580. nor at the time of reformation of religion within the realm of Scotland doth evidently appeare by the acts of parliament after mentioned First by the parliament 1567. cap. 2. whereby at the time of reformation the Popes authority was abolished it is enacted by the said act That no bishop nor other prelate in this realm use any jurisdiction in time coming by the bishop of Romes authority And by the third act of the same parliament whereby it is declared That all acts not agreeing with Gods word and contrary to the confession of faith approved by the estates in that parliament to have no effect nor strength in time to come Whereby it is evident that it was not the reformers intention to suppresse episcopacie but that bishops should not use any jurisdiction by the bishop of Rome his authority and seeing they did allow episcopacie to continue in the church that they did not esteeme the same contrary to Gods word and confession foresaid as appeares more clearly by the sixth act of the said parliament which is ratified in the parliament 1579. cap. 68. whereby it is declared That the ministers of the blessed Evangel of Jesus Christ whom God of his mercie hath now raised up amongst us or hereafter shall raise agreeing with them that now live in doctrine or administration of the sacraments and the people of this realme that professe Christ as he is now offered in his Evangel and do communicate with the holy sacraments as in the reformed kirks of this realme they are publickly administrate according to the confession of the faith to be the only true and holy kirk of Jesus Christ within this realme without any exception by reason of policy and discipline declaring only such as either gain-say the word of the Evangel according to the heads of the said confession or refuse the participation of the holy sacraments as they are now ministrate to be no members of the said kirk so long as they keep themselves so divided from the society of Christs body Whereby it is manifest that it was not the said reformers minde to exclude any from that society by reason of discipline and that they did not at that time innovate or change any thing in that policy they found in the said kirk before the reformation This is likewaies evident by the oath to be ministred to the king at his coronation by the eighth act of the said parliament wherby he is to swear to maintain the true religion of Jesus Christ the preaching of his holy word and due and right ministration of the sacraments now received and preached within this realm and shall abolish and gain-stand all false religion contrary to the same without swearing to any innovation of policie and discipline of the kirk Secondly it doth evidently appear by these subsequent acts of parliament that by the municipall law of this realm archbishops and bishops was not only allowed in the kirk but also had jurisdiction and authority to govern the same First by the 24 act of the said parliament whereby all civill priviledges granted by our soveraigne Lords predecessors to the spirituall estate of this realm are ratified in all points after the form and tenor thereof And by the 35. act of the parliament 1571. whereby all and whatsoever acts and statutes made of before by our soveraigne Lord and his predecessors anent the freedome and liberty of the true kirk of God are ratified and approved By the 46. act of the parliament 1572. whereby it is declared that Archbishops and bishops have the authority and are ordained to conveen and deprive all inferiour persons being ministers who shal not subscribe the articles of religion and give their oath for acknowledging and recognoscing of our soveraigne