Selected quad for the lemma: authority_n

Word A Word B Word C Word D Occurrence Frequency Band MI MI Band Prominent
authority_n church_n power_n synod_n 3,603 5 9.6685 5 true
View all documents for the selected quad

Text snippets containing the quad

ID Title Author Corrected Date of Publication (TCP Date of Publication) STC Words Pages
A69685 The Case of the Earl of Argyle, or, An Exact and full account of his trial, escape, and sentence wherein are insert the act of Parliament injoining the test, the confession of faith, the old act of the king's oath to be given at his coronation : with several other old acts, made for establishing the Protestant religion : as also several explications made of the test by the conformed clergy : with the secret councils explanation thereof : together with several papers of objections against the test, all framed and emitted by conformists : with the Bishop of Edinburgh's Vindication of the test, in answer thereunto : as likewise a relation of several matters of fact for better clearing of the said case : whereunto is added an appendix in answer to a late pamphlet called A vindication of His Majestie's government and judicatories in Scotland, especially with relation to the Earl of Argyle's process, in so far as concerns the Earl's trial. Stewart, James, Sir, 1635-1713.; Mackenzie, George, Sir, 1636-1691. Vindication of His Majesties government, and judicatories in Scotland. 1683 (1683) Wing C1066; ESTC R15874 208,604 158

There are 9 snippets containing the selected quad. | View lemmatised text

close up this Head of Objections drawn from the Confession foresaid it is to be considered that the famous and ●earned Doctors of Aberdeen Anno 1638. in their Demands and Duplys do in Demand 11. declare and take God to witness that they and other people were willing to subscribe this very Confession of Faith And 11 Duply They assert that they are ready not only to subscribe but to swear this National Confession of Faith so they call it ratified and registred in Parliament To which Declaration they add the Oath sworn by them when they received the degree of Doctorat in Theology which Oath they solemnly again renew in the 7. Duply And this they judged necessary for them to do to satisfie the world that they were no favourers of Popery which as then so now is the Engine whereby to calumniate loyal Subjects and soundest Protestants as Papists in masquerade By which we understand that these learned loyal Divines and Orthodox the glory of the Reformed Church in their Age who well understood the Protestant Doctrine the unlawfulness of resisting the supreme Magistrate upon any pretence whatsoever the intrinsik power of the Church together with the Interests and Rights of Episcopal Government did not scruple to subscribe and swear this Confession of Faith and that as a Test against Popish Errors and Supersition So that they who shall now refuse to swear to own and believe the true Protestant Religion reformed from Popery contained in this Confession do occasion too much umbrage of suspicion and jealousie that they are not sound nor solid Protestants As to the second Head or Classis of Objections drawn from the Oath of Allegiance and Supremacy which together with the maintenance of the Kings Prerogative is asserted and sworn in the Test the great stress of the Objections founded thereupon lies in these two Particulars That the Kings Supremacy as it is asserted by the Act of Parliament viz 16 Anno 1669. seems to deprive and devest the Church of all its intrinsick Power as if all Ecclesiastical Authority were derived not from Jesus Christ the alone Prince and Vital Head of his Church but from secular Princes and Magistrates And 2. That by the foresaid Act there seems to be a Power lodged in the King to alter and change the established Episcopal Government of the Church at his Royal pleasure which they can never swear to maintain as a Prerogative of the Crown who believe Episcopacy to be of Divine Right and Apostolical Institution and by consequence an oecumenick and unalterable Government by any power on earth For the more clear satisfaction of these Objections it will be convenient to read and consider that Act of Parliament November the 16th 1669 in which upon due perusal and examination nothing new or dangerous to the setlement of our National Church will be found comprehended Our Saviour was very unconcerned to regulate the bounds of Soveraign Powers he doth not examine Pilate's Power to judg of Blasphemy or Treason but acknowledgeth and submits unto it And so his Apostles neither enquire into the Rights of the Roman Emperors nor limit the exercise of their Power but seriously recommend to all good Subjects as their duty submission and obedience to the higher Powers and they leave the secular Powers of the world in possession of whatever Authority either over persons or matters they found them invested with The Magistrate doth not intitle himself to the Spiritual Function in preaching the Word administring the Sacraments exercising the Power of Ordination or the Keys c. Our gracious King never challenged these spiritual Powers which indeed belong to the Bishops and other Ministers of the Church The holiest and best Kings of Israel and Judah are famous for abolishing false Worship asserting and setling of the Truth Many excellent Ordinances concerning Religion were made by Moses Ioshua David Solomon Asa Iosiab c. which are recorded and applauded by the Spirit of God in the Scriptures These ordered and regulated divine worship Sacraments and Covenants with God they erected Altars Temples and Tabernacles and dedicated them to God They destroyed Idolatry reformed abuses in Gods House and service and both setled the standing worship and ordained Thanksgivings and Humiliations so that the ordering of matters of Religion was not exempted from the supreme secular Power under the Law nor did the Emperors and Sovereign Princes of the earth by imbracing Christianity lose their Power injoyed by all their Predecessors which if they had they should have been thereby inevitably exposed to the disturbances of their Government by Seditions and Rebellions upon every frantick eruption of religious Melancholy If Constantine had not interposed his Authority for suppressing the Arrian Heresie what had become either of Government or Religion The drawing up of Canons for regulating Religion our Lord committed to the Apostles and their Successors the Bishops with other Ecclesiastical persons but that these Canons should be inforced as Laws by temporal sanctions and penalties this flowed from the authority of the Civil Power And accordingly in the second oecumenical Council the Bishops and Fathers assembled at Constantinople beseech Theodosius the elder to ratifie the Decrees of that Synod Justinian established the main Canon or Cod●x of the Universal Church consisting of the Canons of the first general and five Ancient provincial Councils commanding them to be keept as Laws As matters of Religion have not been exempted from the cognizance and regulation of the Supreme Civil Powers much less can the exemption of Ecclesiastical persons be pretended Under the Law we find Solomon judging an High Priest offending viz. Abiathar whom he turned out and placed Zadock in his Room and Office 1 King 2. 27 35. and as single persons so if we consider Church-Officers in their Ecclesiastical Meetings and Assemblies we find the Calling thereof lodged in the supreme Magistrate for Moses not Aaron David not Abiathar Solomon not Zadock summoned the Priests and Levites to the Meetings so under the Gospel in the pure and primitive times we find no Councils nor Synods called by the Bishop of Rome nor by any other Bishop or by any other Ministers forming themselves into Classical and Synodical Meetings against or without the Consent of the Christan Prince or Magistrate To any who will be at the pains to consult Antiquty or Ecclesiastical History it will evidently appear that the indiction of times and places the convocating of persons the precedency the ordering of debates the dismission of Assemblies the confirmation of Canons so as to enforce them as Laws in the General or Provincial Councils were all performed by the supreme Magistrate St. Paul himself appealed to Caesar when arraigned and called in question for his Religion and Athanasius appealed from the Synod at Tyre to Constantine to whom were two appeals made in the case of Cassianus and Donatus besides many other instances of the like nature And it were heartily to be wished that all Church-men and Ministers
nane shall be repute as loyal and faithful Subjects to our said Soveraign Lord or his Authority but be punishable as Rebellars and Gainstanders of the samine quhilk shall not give their confession and make their profession of the said true Religion And that all sik as makes profession thereof and yet hes made defection fra their dew obedience ought to our Soveraign Lord shall be admonished be the Pastors and Ministers of the Kirk to acknowledge their offence and turn to their dutieful obedience And if they failzie therein to be excommunicat and secluded from the Society of the Kirk as rebellious and corrupt Members betwixt and the first of Jun nixt to come and that alwayes before sik persons as hes made defection be received to our Soveraign Lords mercie and favour they shall give the Confession of their Faith of new and promise to continue in the Confession of the true Religion in time coming and maintaine our Soveraign Lords Authoritie and that they shall at the utmost of their power fortifie assist and maintaine the true Preachers and Professors of Christs Religion against whatsomever enemies and gainstanders of the same and namely against all sik of whatsomever Nation Estate or degree they be of that hes joyned and bound themselves or hes assisted or assist to set forward and execut the cruel decreits of the Councel of Trent quhilk most injuriously is called by the adversaries of Gods Truth the halie league contrary the Preachers and true Professors of the Word of God Many other Acts and these most peremptory and strict against the Popish Religion as Idolatrie and very pernicious to the Kingdom might here be added But these are set down as most apposite to the purpose and the rest may be seen at length in the printed Acts of Parliament Act Ch. 2. P. 2. C. 1. Anno 1669. Act asserting His Majesties Supremacy over all Persons and in all Causes Ecclesiastik THE Estates of Parliament having seriously considered how necessary it is for the good and peace of Church and State that His Majesties Power and Authoritie in relation to maters and Persons Ecclesiastical be more clearly asserted by ane Act of Parliament Have therefore thought fit it be enacted asserted and declared Likeas His Majestie with advice and consent of his Estates of Parliament doth hereby enact assert and declare that His Majesty hath the supreme Authority and Supremacie over all Persons and in all causes Ecclesiastical within this his Kingdom And that by vertue thereof the ordering and disposal of the external Government and Policie of the Church doth properly belong to His Majestie and his Successors as ane inherent right of the Crown and that His Majesty and his Successors may setle enact and emit such Constitutions Acts and Orders concerning the administration of the external Government of the Church and the Persons imployed in the same and concerning all Ecclesiastical meetings and maters to be proposed and determined therein as they in their Royal Wisdom shall think fit Which Acts Orders and Constitutions being recorded in the Books of Councel and duelie published are to be observed and obeyed by all His Majesties Subjects any Law Act or Custom to the contrary notwithstanding likeas His Majesty with advice and consent foresaid doth rescind and annull all Lawes Acts and Clauses thereof and all Customs and Constitions Civil or Ecclesiastick which are contrary to or inconsistent with His Majesties Supremacy as it is hereby asserted and declares the same void and null in all time coming The Bishop of Aberdeen and the Synods Explanation of the Test. I. WE do not hereby swear to all the particular Assertions and Expressions of the Confession of Faith mentioned in the Test but only to the uniform Doctrine of the Reformed Churches contained therein II. We do not hereby prejudg the Church's Right to and Power of making any alteration in the said Confession as to the ambiguity and obscure expressions thereof or of making a more unexceptionable frame III. When we swear That the King is Supreme Governour over all Persons and in all Causes as well Ecclesiastick as Civil and when we swear to assert and defend all His Majesties Rights and Prerogatives this is reserving always the intrinsick unalterable power of the Church immediately derived from Jesus Christ to wit the power of the Keys consisting in the preaching of the Word administration of the Sacraments ordaining of Pastors exercise of Discipline and the holding of such Assemblies as are necessary for preservation of Peace and Unity Truth and Purity in the Church and withal we do not hereby think that the King has a power to alter the Government of the Church at his pleasure IV. When we swear That it is unlawful for subjects to meet or conveen to treat or consult c. about matters of State Civil and Ecclesiastick this is excepting meetings for Ordination publick Worship and Discipline and such meetings as are necessary for the conservation of the Church and true Protestant Religion V. When we swear there lyes no obligation on us c. to endeavour any change or alteration in Government either in Church or State we mean by Arms or any seditious way VI. When we swear That we take the Test in the plain and genuine sense of the words c. we understand it only in so far as it does not contradict these Exceptions The Explanation of the Test by the Synode and Clergy of Perth BEcause our Consciences require the publishing and declaring of that express meaning we have in taking the Test that we be not mis-interpreted to swear it in these glosses which men uncharitable to it and enemies to us are apt to put upon it and because some men ill affected to the Government who are daily broachers of odious and calumnious slanders against our Persons and Ministry are apt to deduce inferences and conclusions from the alledged ambiguity of some Propositions of the Test that we charitably and firmly do believe were never intended by the Imposers nor received by the Takers Therefore to satisfie our Consciences and to save our Credit from these unjust imputations we expresly declare That we swear the Test in this following meaning I. By taking the Test we do not swear to every Proposition and Clause contained in the Confession of Faith but only to the true Protestant Religion founded upon the Word of God contained in that Confession as it is opposed to Popery and Fanaticism II. By swearing the Ecclesiastick Supremacy we swear it as we have done formerly without any reference to the assertory Act we also reserve intire unto the Church it s own intrinsick and unalterable power of the Keys as it was exercised by the Apostles and the pure primitive Church for the first three Centuries III. By swearing That it is unlawful to convocate conveen or assemble in any Councils Conventions or Assemblies to treat consult c. in any matter of State Civil or Ecclesiastick as
God Subjects may take up Arms against him 2. They maintain That nothing is to be allowed in the worship of God but what is prescribed in his Word Were not these the Principles that embroiled these Kingdoms that raised a Combustion and that turned all things upside down both in Church and State And are not these Principles plainly taught in this Confession It is reckoned Art 15 a duty to repress Tyranny and to disobey and resist Kings is a sin with this caution and limitation while they pass not over the bounds of their Office or do that thing which appertains to their charge And in like manner the assistance we ow them is cautioned and limited while they vigilantly travel in the execution of their Office Is not this the very Doctrine of the Solemn League and Covenant by which they bind themselves to defend the Kings Majesty's Person and Authority in the preservation and defence of the true Religion and Liberties of the Kingdom Let any but read Spotswood's History of the Resormation Anno 1558 1559 1560. among others how Subjects did bind themselves by Oaths and Subscriptions to assist one another for advancing the Cause of Religion how by the advice of the Ministers they deprived the Queen Regent of her Government and this very year this Confession was compiled and ratified in Parliament And I am sure there can remain no doubt about the sense of the Confession in this point But to render the matter beyond exception It is declared rebellious and treasonable by Act of Parliament for Subjects to put limitations on their due obedience and allegiance And for the other Principles about Divine Worship the Confession affirms these to be evil works that in matters of Religion and Worship of God have no other assurance but the invention and opinion men In this principle they condemn very Ancient and laudable Customs of Churches as singing the Doxology and the most innocent and indifferent Ceremonies for decency and helps for Devotion calling them by the odious titles of Superstition and Will-worship But be these Principles true or false in themselves certainly they are utterly inconsistent with these other clauses in the Test that assert it unlawful on any pretence whatsoever to take Arms against the King and invest him with such a Supremacy as impowers him to erect such Constitutions and orders about Ecclesiastical matters as His Majesty thinks fit And in this also there is a palpable Contradiction that the Test binds us not to consent to any change contrary to the Confession and by and by enjoyns to swear what is flatly contradictory to it We cannot take this Test unless with the same breath we swear and forswear under Oath protest onething and forthwith under Oath protest the quite contrary It obliges us to swear we shall with our utmost power defend assist and maintain all the Kings Rights And is not this to swear we know not what or is it not to swear we shall maintain and defend with the greatest zeal and concernedness whatsoever the King challenges or the Parliament votes to belong to him And may not a Prince come to claim a Right to act Arbitrarily and may not iniquity happen to be established by Law Nay doth not the King de facto challenge and has not the Parliament declared Supremacy to be an inherent Right of the Crown by which His Majesty may settle and emit such Acts and Orders as he pleases about Ecclesiastical matters And are not Articles of Faith Ecclesiastical maters And what is this but to avow we hold our selves obliged to believe as the King believes And so ere long the Rights Jurisdictions Prerogatives Priviledges Preeminences and Authorities that may be v ted to belong to our Prince may come to swallow up Religion Liberty Property and all our Priviledges We do not see how any man of Sense and Conscience can swear this clause in so great a Latitude and so illimited Terms It obliges us to swear That we acknowledg it unlawful without the Kings special Command to convocate conveen or assemble in any Council Convention or Assembly to treat consult or determine in any matter of State Civil or Ecclesiastik The clause excepting ordinary judgments which was added in all such convocating conveening and assembling which were declared unlawful Anno 1661. 1. Par. Char. 2. Act 21. being left out here we have reason to think that all such Sessions Presbyteries and Synods are discharged there being no special Command or Express for them that we know of And these meetings being of great use for curbing of Vice and Prophanesse and for setling and entertaining Peace and good Order in the Church we cannot swear to forbear holding of them tho we have not an express License from the King We acknowledg Princes have Power and Authority to inhibit their Subjects to meet as they see cause but we cannot bind our selves to obey them against such liberty which Christ hath conferred on his Church This is a Priviledg the Church ever enjoyed since it was founded and erected by our Saviour and in all Ages used as the state of affairs required So we cannot devoid our selves of it without proving betrayers of our Trust and condemning the conduct of the Primitive Christians who without special command nay contrary to the express Edict of Princes did convocate conveen or assemble in Councils and Conventions to treat consult and determine about Ecclesiastical matters and yet for all that have been no less commended and admired for loyalty and peaceableness than for piety and zeal And seeing that in the present juncture its notour that there are Cabals and Engines formed and carried on to undermine the Protestant Religion and to bereave us of the Truth which our Lord has committed to us as so many Depositaries Can we without the most horrid guilt and the blackest infamy swear That we shall not so much as meet Two or Three of us together till we have the Kings Warrant perhaps never to consult about the Welfare of the Church and the Salvation of our own and other Mens Souls It obliges us to swear there is no obligation on us any manner of way whatsoever to endeavour any change or alteration in the Government either in Church or State Is not this to swear what no man living can assuredly know And are there not indeed many tyes on us as Men as Christians as Pastors to procure as far as in us lyes the happiness of the Church and State Now if we discern and it be acknowledged by wise and good men that the Government may be bettered by enacting wholsome new Laws and abrogating corrupt old ones might we not ought we not in our stations endeavour such an alteration The Constitution of a National Synod e. g. gives the Archbishop of St. Andrew's a Negative when the whole Clergy is contrary so that were all our Bishops and other Members of the Synod men of Apostolick sanctity and zeal yet nothing could be done
whatsoever were throughly convinced of the doctrine and duty of their obedience to the Supreme Powers otherways as they grow popular they become dangerous Sacerdoces eo quidem sunt ingenio ut ni pareant territent St. Chrysostom comments excellently on Rom. 13 v. 1. 2. Let every soul be subject saying whether he be an Apostle or Evangelist a Prophet c. let him be subject to the higher Powers Our blessed Saviour and the Apostles were the most eminent Ecclesiastical persons yet did not think themselves exempted from the Authority and Jurisdiction of the Civil Powers and if the 24th Article of the Confession of Faith mentioned in the Test be considered it will be found to grant as much to the Civil Magistrate as here is asserted and yeelded Yet all this power belonging to the supreme Magistrate over religious persons and matters doth not interfer with nor suppress the intrinsik and essential Power and Authority of the Church for the Church's power is internal and spiritual and the power of the supreme Magistrate is external coercive and temporal which when duely weighed in a just balance will be found not only to be poised of just different kinds and natures but so far from interfering with or destroying one another that if duely and rightly managed they do mutually assist and support each other Beside the sense of the Oath of Supremacy asserted in a Speech delivered by B. James Usher then Bishop of Meath and afterwards Primate of Ireland at Dublin Novemb. 22. 1622. for which he received the thinks of King James the sixth the Solomon of his Age by a Letter from His Majesty dated the 11. day of January 1623. is so clear and plain that it leaves no place for any manner of scruple concerning the intrinsick power of the Church as if it were invaded and incroached upon by the foresaid Oath where it is said That the Kings Supremacy reacheth the outward man only but the spiritual and intrinsick power of the Church reacheth to the inward this binding or loosing the soul that laying hold only on the body and things belonging thereto Yea there is an Act of the Parliament of England 13. Eliz. declaring That by the supreme Government given to the Prince is understood that kind of Government only which is exercised with the Civil Sword So that there is nothing can be more evident than that by the Kings Supremacy as asserted by the Act November 16. 1669. no incroachment or invasion is made upon the spiritual intrinsick power of the Church Besides by the very express words of that assertory Act No more is declared to belong to the King save the ordering and disposal of the external Government and Policy of the Church And again The administration of the external Government of the Church where not a syllable can be found touching upon the internal spiritual and essential power and iurisdiction thereof And as to the word matters contained in that Act the Kings emitting Orders concerning religious matters as well as persons it needs stumble no thinking person as if our Religion were thereby exposed to dangers at the pleasure of the Prince if we consider the following words viz. Matters to be proposed and determined in Ecclesiastical Meetings or Assemblies which reserves the power of determining matters of Religion still in the hands of that Meeting or Assembly So that tho the King may by vertue of his RoyalSupremacy propose any matter of Religion to a National As● Yet it is not to pass unto an act till first it be determined by the deliberate and free consent vote and suffrage of the major part of that Ecclesiastical Meeting And now let the Impartial Judg if any so great security for the true Protestant Religion can be devised as to have all Bishops Ministers and Members of a National Synod to whom the determining of matters of Religion by Law belongs solemnly sworn and bound by this Oath and Test to adhere to the same Protestant Religion all the days of their lives and never to consent to any alteration or change thereof As for the other Objection of these who think that by this assertory Act 1669. there is a power declared to be vested in the King to alter and change the Established Episcopal Government of this National Church which these who believe Episcopacy to be of Divine Right and Apostolical Institution and by consequence unalterable by any humane Authority can never swear to belong to the Crown as an Inherent Right and Prerogative thereof For answer Tho this point of the Divine Right of Episcopacy is tenderly to be touched the Phrase of Jus Divinum being in terms subject to misconstruction yet it must be acknowledged that no form of Church Government was ever yet modelled or set up which hath not claimed to a Jus Divinum as well as Episcopacy tho every one of them with far more noise but with far less reason than this hath done For the Papists ground the Popes Oecumenical Supremacy upon Christs Commands to St. Peter to execute it and to all the Flock of Christ Soveraign Princes as well as others to submit to him as to their Universal Pastor The Presbyterians cry up their model of Government tho of a very late Edition as the very Scepter of Christs Kingdom to which all Kings are bound to submit theirs making it also unalterable and as inevitably necessary to the being of a Church as the Word and Sacraments The Independents assert that any single Confederate Congregation is Jure Divino free and absolute within it self to govern it self by such Rules as shall be consented to by its Members without dependance from any except Jesus Christ alone or subjection to any Prince Bishop or any other Person or Consistory whatsoever So that all these other flatly deny the Kings Supremacy and claim a Power and Jurisdiction over him The Presbyterians agreeing with the Papists in this branch of Antichristianism and claiming to their Consistories as full and absolute Jurisdiction over Princes even to the highest censure by Excommunication as the Romanists challenge to belong to the Pope or pleading at least a priviledg of exemption from the Kings Authority and Jurisdiction The Independents exempting their Congregations from all Ecclesiastical subjection to Christian Kings in asample manner as ther Papists do their Clergy whereas the Protestant Bishop and regular Ministers as becometh good Christians and dutiful Subjects do neither pretend to any Jurisdiction over the King nor withdraw their Subjection from him but humbly acknowledg His Majesty to have Soveraign Power over them as well as over his other Subjects and that in all matters Ecclesiastical as well as Temporal But for a more closse Answer to this Objection They who believe the Indifferency of the forms and models of Church-Goverment cannot have any scruple on this Head in regard of the present Church-Government For should it be changed by Authority then are they not obliged by this Oath any longer
to own it Cessante enim materia juramenti cessat ejusdem obligatio radice obligationis sublata tollitur ●●â pullulans inde obligatio according to all Casuists Juramentum sequitur naturam conditionem actus cui adjungitur id est materiae circa quam versatur sicut accessorium sequitur naturam sui principalis accessorium extinguitur cum principale cadit D. Sandersone These who believe Episcopacy to be of Divine Right have no cause to fear that ever the King will alter this specifick form of Church-Government neither inclination nor interest moving him to it The Aphorism so usual with His Majesties Royal Grandfather No Bishop no King cannot but make deep impression on His Majesty and must be considered not only as a sentence full of present truth when it was uttered but a sad prophecy of the Tragical events which after ensued And as the greatest and most politick Underminers of the Monarchy did of late so their successors continue still to make their oblique and first assaults upon it by raising their batteries against the setled Episcopacy 3 If the words of that assertory Act be sedately weighed they will not be found to bear the weight of this Objection for the odds are vast betwixt them a power to order and dispose the external Government and Policy of the Church together with the ordering of the administration of the external Government of the Church which are the words of that Act and the power of altering and changing the specifick and essential Government of the Church the former relating to the Ecclesiastical ordering of Ecclesiastical Persons Matters and Meetings as the Act it self expresly bears The King may and ought to have the ordering and disposing and administration of the external Government of the Church without claiming a power to alter or change the very Species Body and essence of it Nor may we in charity presume that our Gracious King challenges any such power to himself by vertue of that Act assertory nor doth it hinder any to believe Episcopal Government to be institute of God that in the exercise and external administration thereof it is subject to the Orders and Authority of the Prince for the same power may be said to be from Heaven and to be of men under different notions and respects to be from Heaven and of God in respect of the substance of the thing in general and to be of men in respect of the determination of sundry particulars requisite to the lawful and laudable exercise thereof Tho the Ministerial Power be of God yet are the Ministers in executing the Acts proper to their Ministerial Functions regulated and ordered by Ecclesiastical Laws Canons of the Church or Acts of General Assemblies Nor doth the derivation of any power from God necessarily infer the Non-subjection of the persons in whom that power is vested to any others as to the managing and exercise thereof For the power which Fathers have over their Children Husbands over their Wives Masters over their Servants is from Heaven of God and not of Men yet are Parents Husbands Masters in the exercise of their several respective powers subject to the powers Jurisdictions and Laws of the lawful Soveraigns It will prove a very difficult task for any man to find out a clear and satisfying reason of difference in this present case betwixt the Ecclesiastical power Oeconomical why the one because it claimeth to be of Divine Right should be therefore exempted from the Regulation of it in its exercise by humane Laws and not the other which flows from Heaven and is equally of Divine Right with the former 5. In fine All such who have sworn the Oath of Allegiance and Supremacy since the assertory Act was made Anno 1669 can have no pretence to scruple the taking of this Test upon account of any thing contained in the Act of Supremacy already sworn by them in as much as they must be understood to have taken that Oath in the sense of the Lawgivers who framed that Act. Before we come to the Third Classis of Objections it will be necessary to say something for satisfaction of the Doubts of some who apprehend contradictions betwixt some expressions in the Consession of Faith and others in the same Consession and betwixt some assertions therein and others in the Test So that they think by taking this Oath they shall he ensnared to swear to contradictory Propositions Two are instanced that in the Article concerning the Immortality of Souls it is said That the Elect departed this life are delivered from all torment And yet in the same Article it is asserted That neither the Elect nor Reprobate are in such sleep after death that they feel no torment To this seeming contradiction it is answered 1. That this flows from the mistake and error of the Printer alone and not from any fault in the Confession For in that History of the Reformation of the Kirk of Scotland of the foresaid Edition the later part of the Article runs thus So that neither the one nor the other are in such sleep that they feel nothing Which clearly takes off all shadow of Contradiction as well as the error of those against whom that Article seemsto be levelled But finally the Latin Paraphrase of it in the Harmony of Confessions takes off all difficultly For there the words run thus Adeo ut neque hi neque illi ita dormiant ut non sentiant in qua conditione versentur Another seeming contradiction is betwixt the Confession and the Test viz. Art 25. it is said That they who resist the supreme Powers doing that which belongs to their charge resist Gods Ordinance and they who deny to them their aid counsel comfort c while the Prince● and Rulers vigilantly travel in the execution of their Office these deny their help and support to God which words seem to disallow the resisting of the supreme Magistrate only conditionally and in a limited and restricted sense Again the Oath and Test assert That it is unlawful upon any pretence whatsoever to take up arms against the King or these commissionate by him which doth declare the resisting of the Soveraign power to be simply and absolutely unlawful without any restriction or limitation Ans. Here is no Contradiction if the Logical Rules be observed For to resist the Supreme Powers doing that which pertains to their charge is to resist Gods Ordinance and not to resist the Supreme Powers doing that which pertains to their charge is to resist Gods Ordinance were indeed a contradiction but to resist the Supreme Powers doing that which appertains to their charge is to resist Gods Ordinance and to resist the Supreme Powers upon whatsoever pretence is to resist Gods Ordinance imports no manner of contradiction And so of the other proposition To deny aid counsel c. while Princes and Rulers vigilantly travel c. in the execution of their Office and not to deny aid counsel c. while
doubtful and uncertain in themselves to say no worse but in the judgment of wise and sober men inconsistent one with another 4. It 's granted by all that this Oath cannot be taken without several glosses and explications And these which are commonly offered cannot be admitted for divers Reasons 1. Because they seem to overthrow the genuine sense and meaning of the Oath 2. Because in the Oath we swear That we take it in the plain genuine sense and meaning of the words without any equivocation mental reservation or evasion whatsoever So that altho these glosses should be conceived in the plainest terms and we suffered to write them down under our hands and so cannot come under the notion of equivocation or mental reservation yet that cannot but be considered as evasions it being only by the help of them that we pretend to escape the fearful crime of perjury 3 There is no Authority that can give us Explications but the same who has imposed the Oath that is the King and Parliament For tho the King and Lords of Council and Session be considered as Interpreters and Explainers of the Laws yet that is only in matters of Right or Wrong to which men ought to submit But it 's another thing in matter of an Oath For that is always to be taken only in the sense of the Imposers And we being required not to submit to it but to swear to it no Explication given by any other but by him or them who gives us the Oath can secure or quiet our Consciences 4. These Explications tho given by the same Authority who imposed the Oath seem both useless and unsafe unless published and recorded as the Oath it self otherways the Explication will soon be forgotten whereas the Oath stands still as it was 5. It must be also considered that tho men take this Test it seems it will not secure them in their places For why may not the same alterations be made in the Church which are made in the State the Supreme Power and Prerogative being alike over both And tho this Argument will be of small force unto some yet it may have its own weight unto others 6. If it be said That divers Articles and Parts of the Test are asserted and enacted by former Laws as partly that against meeting conveening or Assembling to treat consult c. which is in the very same terms discharged and forbidden not only by Act. 4. Sess 1. Par. 1 Char. 2. but also by an old Law Act. 31. Par. 8. James 6. It is answered That there is this considerable difference therein in those Acts viz. that the ordinary judgments are excepted And it is not without reason that this clause is left out here and it is one thing to submit to a Law another to swear it 7. But some may say that we have already sworn the Oath of Supremacy to which they who took it before the year 1669. had little or no ground of scruple but by the Act assertory the Supremacy being declared to be quite another thing than ever it was understood before there are many conscientious men and the best friends to Episcopacy who cannot take that Oath now though that alone should be made the Test As for others of the Clergy who have ta●en it since that Act of Parliament they were told by the Bishop that administred it to them that the Assertory Act had no relation to the Oath and therefore they gave it them only in the old sense whereby they were perswaded to take it But now the matter is put beyond all doubt For the Kings Ecclesiastical Supremacy as it is explained in the Act being declared to be an inherent Right of the Crown and we swearing in the Test to maintain and defend all His Majesties Rights and Prer●gatives we do clearly swear to own and maintain the Supremacy as itis there asserted and declared 8. But we are told we should not oppose our sentiments to the wisdom of the Nation And if the meaning of this be that we ought to reverence our Superiours submit to their Laws and live peaceably under their Government it is willingly granted But if the meaning of the Test be that we are to believe whatsoever they say blindly swear whatever they bid us this is to erect an infallible chair in the State in the stead of the Church which is a new unheard of piece of Popery But if we stand out and refuse the Test how shall the Credit and Honour of Authority be saved It were to be wished it did consult its own Credit more before the making of any Laws and Edicts for there cannot be too great deliberation used in enacting such things as are to oblige the whole Nation at present and their Posterity for the time to come And much more heed ought to be had in appointing an Oath to be sworn by the most considerable part thereof If our Ecclesiastik Superiors had been so kind and just to themselves and their Clergy as to have consulted the wisest of their Presbyters within the Kingdom it 's like it might have prevented much of this inconveniency But now that it 's done all who can take this Oath with a clear Conscience let them take it and much good may it do them But as for these who cannot take it let them suffer patiently the penaltly inflicted by the Law and let them behave themselves orderly and peaceably without making any rent in the State or Schism in the Church and without reflecting on their Governours Ye● that it may be seen by all men they are acted by Principles of Conscience And this seems to be the best way that is now left for salving the Credit of Authority And yet many wise men think that it would be no reflection on Authority if His Majesty out of his Goodness finding how great a Grievance the urging of the Test is like to prove to his best and most loyal Subjects which could not be so well known till it was tryed should suspend the Execution of the Law till further advice It obligeth us to swear That we believe the Confession recorded in the 1. Par. James 6. is founded on and agreeable to the written Word of God Now if there be but one single proposition in that Confession either false or dubious not exprest in or clearly deduced from the Scriptures can we swea● it with a good Conscience Surely whoever reads it with understanding will find many things doubtful and uncertain at least But it deserves to be particularly remarked that it contains Doctrines which manifestly cross the many ends of the Test This was certainly designed to guard and engage men against Fanatical principles and yet for all that it obliges all that swear it to own the most capital and fundamental principles of those who are called Fanatiks They maintain that our obedience to the supreme Magistrate is to be limited and that if he be an enemy to the Truth and Cause of
us were judged by all both in Articles and Parliament and that after long and strenuous application and endeavour in contriving ane new Act for these ends not only sufficient but the best security for our Religion against all hazards and contingencies in which the best and wisest part of the Parliament acquiesced till the importunity and repeated clamours of some who needs would appear more warmly concerned in this mater than others they offering new overtures to the Articles for the securing of the Protestant Religion of which they often received an account in open Parliament did awaken a more narrow inspection into this more concerning Affair And therefore for the farther security of Religion from the danger of Popery on the one hand and of Principles and Practices of Rebellion and fanatical Schism on the other did judg it necessary that ane Act should be past disabling Papists and Fanaticks from any power or capacity to subvert or overthrow it which in their deep wisdom they found could never be so effectually done as by keeping all such out of places of publik Trust and Employment Civil Ecclesiastik or Military And in regard that the good and wholesom Laws and the steady and vigorus execution thereof are the best and most firm human security of Religion Therefore such wise provisions were piously made by that Act as might bar all disaffected to the Protestant Religion from electing or being elected Members of Parliament wherein the Law making power is lodged or from creeping into any Office or Trust whereby the execution of the Law is managed So that our established Religion might never be endangered or subverted by evil or corrupt Laws or by the remiss and negligent execution of good ones Notwithstanding such is the fate of the best of human Constitutions that nothing can be so piously intended or prudently contrived but either through ignorance or malice misprision or mistake it may be misrepresented misconstrued and many groundless and unaccountable jealousies by scruples and prejudices entertained against it as is but too clearly instanced in the matter of the present Oath and Test which the wisdom of our Governours hath enacted and appointed to be taken by all persons employed in Offices of publik Trust as the best fence of the Church and security of the Protestant Religion against the invasion and encroachments they stand in danger of from the restless adversaries Some of the Regular and Orthodox Clergy and other well-meaning Subjects having entertained some jealousies which far exceed their causes and vented some scruples and objections against it which are most part founded on mistakes and unnecessary not to say uncharitable stretching and extending the meaning thereof far beyond either the genuine sense of the words or design and intention of the Parliament in framing and enjoyning that Test tenderness and compassion towards these conform and loyal persons who may either be imposed upon by the malice and craft of the Church's Adversaries to stumble at or by their own fears and misapprehensions may be led into mistakes of the meaning and design of this excellent mean for securing our Church and Religion hath prevailed with us to endeavour a short Essay for vindicating this Oath and Test from all mistakes and scruples by answering and satisfying the Objections which are commonly moved against it and that thereby the plain and genuine sense in which this Oath is required by Authority to be taken by all persons in Trust may be clear and apparent Pursuant to this it will be fit to read and consider the Oath or Test it self as it is contained in the sixth Act of the last Session of this Currant Parliament In the next place it will not be amiss to rank up the doubts and objections moved against it in their several Heads and Classes and to resolve and answer them accordingly in their respective place and order Of these Scruples and Objections some are founded upon the Consession of Faith contained in the foresaid Oath others arise from the Oath of Allegiance and Supremacy and the asserting therein of the Kings Prerogative some are taken from that part of the Test wherein the unlawfulness of assembling in any Councils or Conventions to treat consult or determine in any mater of State Civil or Ecclesiastik without the Kings special command and license had thereto is asserted and sworn and finally others arise from the Clause asserting that no obligation lyes from the late Covenants or any other manner of way whatsoever to endeavour any change or alteration in the Government either in Church or State as the same is now established by the Laws of this Kingdom It is beyond all peradventure that as Conscience is the most tender thing in the Soul of man so Oaths are of the strictest force and obligation and are to be taken in Truth Righteousness and Iudgment which is the Doctrine of all sound Casuists Juramenti obligatio est stricti juris yet this strictum jus is not so to be understood as if it did exclude all sensing and interpreting of it the interpretation thereof amounting to no more than meerly to make clear and plain any word or sentence therein which may seem to be dark doubtful and ambiguous It is excellently said by that judicious Casuist Doctor Sandersone Prel 2. De juramenti obligatione p. 8. De lege Charitatis aliena dicta facta praesertim Principum Parentum aliorumque Rectorum sunt benignae interpretationis Juxta id quod dici solet dubia esse interpretanda in meliorem partem That is by the Law of Charity the words and deeds of others especially of our Princes Parents and other Governours are to be moderated by a favourable interpretation according to the usual maxim That things doubtful are to be interpreted to the best sense This being premised the Objections of the first Classis arising upon the Confession of Faith are to be first considered and in order to this it must be remembered that this Confession is not to be lookt upon as fully comprehensive of all the Protestant Doctrine in opposition to all the Errors and Superstition of the Romish Church and other Heresies nor is there any one amongst the Harmony of the Confessions of the Reformed Churches which can challenge this perfection to it self nor is it to be thought strange that in many things it should be defective if we consider that it was hastily compiled in the short space of four days by a select number of Barons and Ministers in the very Infancy of our Reformation as the History of the Reformation of the Church of Scotland commonly ascribed to John Knox Printed at London in the Year 1644 in Fol. p. 252. doth inform Nor are the Authors of the foresaid Confession so prositive as to look upon all therein contained as infallible or to be received as Articles of Faith as appears from the Preface prefixed thereto as it is set down in the History of the Reformation
foresaid p. 253. wherein they promise upon their Honours and Fidelity Reformation of any Article or Sentence therein which shall be proved to be amisle or Erroneous so that it is not to be considered as the compleat Standard of the Protestant Faith and Doctrine in which nothing is wanting but is inserted in the body of this Oath as being the only Protestant Confession in this Church which is stamped with the impress of Lawful Authority it being ratified by the first Parliament James the VI Anno 1567. and is the most Ancient being received for six score years without any contradiction in this Kingdom and is only used in this Oath designotive to express that as a particular systeme wherein the main Substantials of the Protestant Religion sworn unto are contained If it be asked What or where is the Protestant Religion The answer is plain that it is the true Christian Religion as it is reformed from the Errors and Superstitions of the Popish Church and is contained in the harmony of the Protestant Church's Confessions which agree in the chief and principal Substantials tho they may differ in lesser maters and opinions disputable among which this our Confession is recorded But tho we are under no obligation to justifie every Sentence or Article thereof yet it deserves so much reverence from us as to justifie it so far as we may from any charge of Error or Heterodoxy and the rather that upon due tryal and examination there seemeth nothing to be contained in it which is not agreeable to the charitable Analogy of Faith and may not admit of a very fair true and orthodox sense and interpretation as the following Answers to the Scruples and Objections arising upon it will sufficiently evince It is objected by some then 1. That in the third Ar● of Original Sin it is said That by it the Image of God was utterly defaced in man which seems to run cross to the stream of the Protestant Doctrine which aslerts That the Remains of the Divine Image still abide in the Soul notwithstanding of mans fall The answer is easie if we shall carefully distinguish betwixt defacing of the Image of God which imports no more than a darkning or maiming thereof and utter destroying of that Image which implies the total subversion or abolition of it and that the former is allowed by all sound Protestants It is objected 2. That Art 17. it is said That it is blasphemy to affirm that men who live according to equity and justice shall be saved whatsoever Religion they professe since without Christ Jesus there is neither life nor salvation which some think a very uncharitable doctrine barring all the Ancient Philosophers and Moralists such as Plato Seneca Socrates Plutarch c. from eternal life and salvation Answer 1. That Clause is but a consequence drawn from the 16 th Article rather than any essential part of its doctrine as will appear upon the perusal 2. It is most infallibly true that there is no Name under Heaven by which salvation can be obtained but the Name of Jesus which imports at least a sense of sin and of the necessity of expiating the same and of propitiating God toward the sinner in every one that shall be saved which by some is termed an implicite knowledg of Christ Jesus who alone is the grand Propitiation and such a knowledg as the moral Gentiles and even the Jews had before the Revelation and Exhibition of the Person of the Messiah in the fulness of time and how far an implicite knowledg of Jesus Christ in his Doctrine and Offices before his exhibition in time is necessary to salvation is not of easie determination And therefore 3. This Clause must be supposed to respect the Gospel Oeconomy and Evangelical dispensation and to extend to such as are blessed with the manifestation of the Gospel and clear revelation of Jesus Christ thereby And in this sense it is beyond all doubt that none come to age and the clear exercise of Reason in an ordinary way shall be saved but such only as believe in him own his Doctrine and sincerely obey his holy Precepts It is objected 3. That from the 19 th Article the interpretation of the sacred Scripture appertaineth to the Spirit of God by which the Scripture was dictate and written and no● to any person or Church for any Preheminence or Prerogative personal or local which seems to cut off all power of interpreting Scriptures from the Ancient Fathers or General Councils Answ. The harmonious Doctrine of the Protestant Church is That the Spirit of God speaking in the Scriptures is as the best Judg so the only best and infallible Interpreter of Scripture whereby tho the primary and authoritative Interpretation of the Scripture is ascribed to that blessed Spirit yet thereby is not denied to the Fathers and Councils a ministerial and declaratory power in expounding the sacred Word which is of great weight and authority with all Christians who needs must believe these holy persons and Assemblies to be ordinarily assisted by the light and conduct of his holy Spirit who promised to be with his Church to the end of the world It is objected 4. That Article 19. the right administration of the Sacraments is one of the Notes of the true Church of God And Art 23. requires to the right administration of the Sacraments that they be ministred in such Elements and in such sort as God hath appointed whence some would infer That all such Churches as use circumstances in the administration thereof which are not appointed by God as the mixing of Water with Wine in the holy Eucharist or of Oyl with Water in Baptism must be by this Doctrine unchurched Ans. When the 23 d. Article requireth to a true Church that the Sacraments be administred in such sort as God has appointed it mainly relateth to the words of Consecration and to the institution which indeed are essentially requisite to the very being of the Sacraments these being null which are celebrated without them and not according to the institution As for the Elements tho these be necessary at least in ordinary cases yet the mixtures and superadditions to these appointed Elements do not absolutely nullifie tho they do corrupt the Sacraments And that this is the meaning of the 23 d Article appears clear from the words immediately following viz. else we affirm that they cease to be the right Sacraments of Christ Jesus where they are not denied simply to be Sacraments but are charged as Sacraments not rightly and duely administred as these are which are not vitiated and adulterated by superstitious mixtures It is objected 5. from that same Article 23. That to the being of lawful Ministers it is required that they be men lawfully chosen thereto by some Kirk which seems to import the necessity of popular Elections and to cancel the Rights of Patronages and to unminister such as are presented by them Answ. All Ministers presented by Patrons are elected
or Government or to deprave his Laws and Acts of Parliament or misconstrue his Proceedings whereby any misliking may be moved betwixt his Highness and his Nobility and loving Subjects in time coming under the pain of death certifying them that do in the contrary they shall be reputed as seditious and wicked instruments enemies to his Highness and the Commonwealth of this Realm and the said pain of death shall be executed upon them with all rigour in example of others Act for preservation of His Majesties Person Authority and Government May 16●2 And further it is by His Majesty and Estates of Parliament declared statuted and enacted That if any person or persons shall by writing printing praying preaching libelling remonstrating or by any malicious or advised speaking express publish or declare any words or sentences to stir up the people to the hatred or dislike of His Majesties Royal Prerogative and Supremacy in Causes Ecclesiastical or of the Government of the Church by Archbishops and Bishops as it is now setled by Law That every such person or persons so offending and being Legally Convicted thereof are hereby declared incapable to enjoy or exercise any place or employment Civil Ecclesiastik or Military within this Church and Kingdom and shall be liable to such further pains as are due by the Law in such Cases Act 130. Par. 8. James 6. May 22. 1584 Anent the Authority of the Three Estates of Parliament THe Kings Majesty considering the Honour and the Authority of his Supreme Court of Parliament continued past all memory of man unto their days as constitut upon the free Votes of the Three Estates of this ancient Kingdom by whom the same under God has ever been upholden rebellious and traiterous Subjects punished the good and faithful preserved and maintained and the Laws and Acts of Parliament by which all men are governed made and established And finding the Power Dignity and Authority of the said Court of Parliament of late years called in some doubt at least some curiously travelling to have introduced some Innovation thereanent His Majesties firm will and mind always being as it is yet That the Honour Authority and Dignity of his said Three Estates shall stand and continue in their own Integrity according to the ancient and laudable custom by-gone without any alteration or diminution Therefore it is statuted and ordained by our said Soveraign Lord and his said Three Estates in this present Parliament That none of his Leidges or Subjects presume or take upon hand to impugn the Dignity and Authority of the said Three Estates or to seek or procure the innovation or diminution of the power and Authority of the same Three Estates or any of them in time coming under the pain of Treason The Earl of Argyle's first Petition for Advocats or Council to be allovved him To his Royal Highness His Majesties High Commissioner and to the Right Honourable the Lords of His Majesties Privy-Council The Humble Petition of Archibald Earl of Argyle SHEWETH THat your Petitioner being Criminally Indicted before the Lords Commissioners of ustitiary at the instance of His Majesties Advocate for Crimes of an high Nature And whereas in this Case no Advocate will readily plead for the Petitioner unless they have your Royal Hig●ness's and ●ordships Special Licence and Warrant to that Effect which is usual in the like Cases It is therefore humbly desired that Your Royal Highness and Lordships would give special Order and Warrant to Sir George Lockhart his ordinary Advocate to cons●lt and plead for him in the foresaid Criminal Process without incurring ●ny hazard upon that account and your Petitioner shall ever pray Edenburgh Novemb. 22. 1681. The Councils Answer to the Earl of Argyl's first Petition about his having Advocates allowed him HIS Royal Highness his Majesties High Commissioner and Lords of Privy-Council do refuse the desire of the above-written Bill but allows any Lawyers the Petitioners shall employ to consult and plead for him in the Processof Treason and other Crimes to be pursued against him at the instance of His Majesties Advocate Extr. By me Will. Paterson The Earl of Argyl's second Petition for Council to be allovved him To His Royal Highness His Majesties High Commissioner and to the Right Honourable the Lords of His Majesties Privy-Council The humble Petition of Archibald Earl of Argyle SHEWETH THat your Petitioner having given in a former Petition humbly representing That he being Criminally Indicted before the Lords Commissioners of Justitiary at the instance of His Majesties Advocate for Crimes of an high Nature And therefore desiring that your Royal Highness and Lordships would give special Warrant to Sir George Lockhart to consult and plead for him Whereupon your Royal Highness and Lordships did allow the Petitioner to make use of such Advocates as he should think fit to call Accordingly your Petitioner having desired Sir George Lockhart to consult and plead for him he hath as yet refused your Petitioner And by the 11. Parliament of King James the VI. Cap. 38. As it is the undeniable priviledg of all Subjects accused for any Crimes to have liberty to provide themselves of Advocates to defend their Lives Honour and Lands against whatsoever accusation so the same Priviledg is not only by Parliament 11. King James the VI. Cap. 90. farther asserted and confirmed but also it is declared That in case the Advocates refuse the Judges are to compel them lest the party accused should be prejudged And this being an affair of great importance to your Petitioner and Sir George Lockhart having been not only still his ordinary Advocate but also by his constant converse with him is best known to your Petitioners Principles and of whose eminent abilities and fidelity your Petitioner as many others have hath had special proof all along in his Concerns and hath such singular confidence in him that he is most necessary to your Petitioner at this occasion May it therefore please Your Royal Highness and Lordships to interpose your Authority by giving a special Order and Warrant to the said Sir George Lockhart to consult and plead for him in the said Criminal Process conform to the tenor of the said Acts of Parliament and constant known practice in the like Cases which was never refused to any Subject of the meanest quality even to the greatest Criminals And Your Royal Highness's and Lordships Answer is humbly craved Edenburgh Novemb. 24. 1681. The Councils Answer to the Earl of Argyle's second Petition HIS Royal Highness His Majesties High Commissioner and Lords of Privy Council having considered the foresaid Petition do adhere to their former Order allowing Advocates to appear for the Petitioner in the Process foresaid Extr. By me Will. Paterson The Earl of Argyle's Letter of Attorney constituting Alexander Dunbar his Procurator for requiring Sir George Lockhart to plead for him WE Archibald Earl of Argyle do hereby substitute constitute and ordain Alexander Dunbar our Servitor to be our Procurator to pass and require