to convocat Synods to confirme their acts to reforme the Churches within their dominions IN the second Chapter the warner charges the Scotes presbytery with the overthrowing the Magistrats right in convocating of Synods When he comes to prove this he forgets his challenge and digresses from it to the Magistrates power of choysing elders and making Ecclesiastick lawes avowing that these things are done in Scotland by Ecclesiastick persons alone without consent of the king or his counsel Ans It seemes our Warner is very ignorant of the way of the Scotes discipline the ordinary and set meetings of all assemblies both nationall and provincionall since the first reformation are determined by acts of Parliament with the Kings consent so betwixt the King and the Church of Scotland there is no question for the convocating of ordinary assemblies for extraordinary no man in Scotland did ever controvert the Kings power to call them when and where he pleased as for the inhaerent power of the Church to meet for discipline alswell as for worship the Warner fals on it heereafter we must therefore passe it in this place What hee meanes to speake of the Kings power in choysing elders or making Ecclesiastick Lawes himselfe knowes The warners Erastian and Tirannick principles hated by the King his Majestie in Scotland did never require any such priviledge as the election of elders or Commissioners to Parliament or members of any incorporation civill or Ecclesiastick where the Lawes did not expresly provide the nomination to be in the crowne The making of Ecclesiastick Lawes in England alswell as in Scotland was ever with the Kings good contentment referred to Ecclesiastick assemblies but the Warner seemes to be in the mind of these his companions who put the power of preaching of administring the Sacraments and discipline in the supreame Magistrat alone and derives it out of him as the head of the Church to what members he thinks expedient to communicat it also that the legislative power alswell in Ecclesiastick as civill affairs is the property of the King alone That the Parliaments and generall assemblies are but his arbitrary counsels the one for matters of the state the other for matters of the Church with whom or without whom hee makes acts of Parliament and Church cannons according to his good pleasure that all the offices of the Kingdome both of Church and State are from him as he gives a Commission to whom he will to be a sheriffe or justice of peace so he sends out whom he pleaseth to preach celebrate Sacraments by virtue of his regal mission The Warner and his Erastian friends may well extend the royall supremacy to this largenes but no King of Scotland was ever willing to accept of such a power though by erroneous flaterers sometimes obtruded upon him see Canterburian self conviction cap. ult The Warner will not leave this matter in generall The Warners ignorant and false report of the Scotes proceedings he discends to instance a number of particular incroatchments of the Scots Presbiters upon the royall authority wee must dispence in all his discourse with a small peckadillo in reasoning hee must bee permitted to lay all the faults of the Presbiterians in Scotland upon the back of the Presbitery it selfe as if the faylings of officers were naturall to and inseparable from their office mis-kenning this little mote of unconsequentiall argumenting we will goe through his particular charges the first is that King James anno 1579 required the generall assembly to make no alteration in the Church-Policy till the next Parliament but they contemning their Kings command determined positively all their discipline without delay and questioned the Arch-Bischop of Sainct Andrews for voting in Parliament according to the undoubted Lawes of the Land yea twenty Presbiters did hold the generall assembly at Aberdeen after it was discharged by the King Ans The Warner possibly may know yet certainly he doth not care what he writes in these things to which hee is a meere stranger the authentick registers of the Church of Scotland convinces him heire of falshood Bishops were abolished and Presby teries set up in Scotland with King Iames consent His Majestie did write from Stirling to the generall assembly at Edinburgh 1579 that they should ceasse from concluding any thing in the discipline of the Church during the time of his minority upon this desire the assembly did abstaine from all conclusions only they named a committee to goe to Striveling for conference which his Majestie upon that subject What followeth thereupon I. Immediatly a Parliament is called in October 1579 and in the first act declares and grantes jurisdiction unto the Kirk whilk consistes in the true preaching of the word of Jesus Christ correction of manners and administration of the true Sacraments and declares that there is no other face of Kirk nor other face of Religion then is presently by the favour of God established within this realme and that there be no other jurisdiction Ecclesiastical acknowledged within this realme then that whilk is and shal be within the samen Kirk or that which flowes therfra concerning the premisses II. In Aprile 1580. Proclamation was made ex deliberatione Dominorum Consilii in name of the King charging all Superintendentes and Commissioners and Ministers serving at Kirkes To note the names of all the subjectes alsweel men as women suspected to be Papistes or and to admonish them to give Confession of their faith according to the Forme approved by the Parliament and to submitte unto the discipline of the true Kirk within a reasonable space and if they faile that the Superintendents or Commissioners presente a role or catalogue of their names unto the King and Lords of Secret Counsell whereby they shal be for the time between and the 15 day of Iulie nixt to come to the end that the actes of Parliament made against such persones may be execute III. The shorte Confession wes drawen up at the Kings command which was first subscrived by his royall hand and an act of Secret Counsell commanding all subjectes to subscrive the same as is to be seen by the Act printed with the Confession wherein Hierarchie is abjured that is as hath been since declared by Nationall assemblies and Parliamentes both called and held by the King episcopacie is abjured IV. In the assemblies 1580 and 1581 that Confession of faith and the second book of discipline after debating many praeceding years were approved except one chapter de diaconatu by the Assemblie the Kings Commissioner being alwayes presente not finde we any thing opposed then by him yea then at his Majesties speciall direction about fifty classical Presbyteries were set up over all Scotland which remaine unto this day Was there heer any contempt of the roy all authority About that time some noble men had gote the revenues of the Bisshop-rickes for their private use and because they could not enjoy them by any legal right therefore for eluding
curtisan Bishops against the highest civil judicatories in England but that ever a Presbitry or Synode in Scotland did so much as assay to impede or repeale the proceedings of any the meanest civil court I did never heare it so much as alleaged by our adversaries The nixt injury is against all Masters Serious catechising is no Episcopal crime and Mistresses of families whom the Presbytery will have to be personally examined in their knowledge once a yeare and to be excommunicat if grosly and wilfully ignorant Ans If it bee a crime for a Minister to call together parcels of his congre gation to be instructed in the grounds of Religion that servants and children and where ignorance is suspected others also may be tryed in their knowledge of the Catechisme or if it bee a crime that in family-visitations oftener then once a yeare the conversation of every member of the Church may be looked upon we confesse the Ministers of Scotland were guilty thereof and so farre as we know the generality of the Episcopall faction may purge themselves by oath of any such imputation for they had somewhat else to doe then to be at the pains of instructing or trying the Spirituall State of every sheep in their flocks we confesse likewise that it is both our order and practise to keep off from the holy table whom wee find groslly and wilfully ignorant but that ever any for simple ignorance was excommunicat in Scotland none who knowes us will affirme it The last whom he will have to be wronged by the Presbytery are the common people Church fessions are not high commissiones who must groane under a high commission in every parish where ignorant governors rule all without Law medling even in domesticall jarres be twixt man and wife Master and Servant Ans This is but a gybe of revenge for the overthrow of their Tyrannous high Commission-Court where they were wont to play the Rex at their pleasure above the highest subjects of the three Kingdoms and would never give over that their insolent domeneering court till the King and Parliaments of both Kingdomes did agree to throw it down about their eares The thing he jeares at is the congregation all Eldership a judicatory which all the Reformed doe enjoy to their great confort as much as Scotland They are farre from all arbitrary judications their Lawes are the holy Scripture and acts of superior Church-judicatories which rule so clearly the cases of their cognisance that rarely any difficulty remaines therein or if it doe immediatly by reference or appeal it is transmitted to the Classes or Synode The judges in the lowest Eldership as wee have said before are a doszen at least of the most able and pious who can bee hade in a whole congregation to joine with the Pastors one or more as they fall to be but the Episcopall way is to have no discipline at all in any congregation only where there is hope of a fyne the Bishops officiall will summon before his owne learned and conscientious wisedome who ever within the whole dioces have fallen into such a fault as hee pleaseth to take notice of as for domestick infirmities Presbyterians are most tender to medle therein they come never before any judicatory but both where the fault is great and the scandal thereof flagrant and broken out beyond the wals of the family These are the great injuries and hurts which the Church discipline has procured to all orders of men in the whole reformed world when Episcopacy has been such an innocent lambe or rather so holy an angel upon earth that no harme at all has ever come by it to any mortall creature a misbeleeving Jew will nothing misdoubt this so evident a truth CHAP. ULT. The Warners exceptions against the covenant are full of considence but exceeding frivolous THough in the former Chapters the Warner has shewed out more venome and gall then the bagge of any one mans stomack could have been supposed capable of yet as if he were but beginning to vomite in this last Chapter of the covenant a new flood of blacker poyson rusheth out of his pen. His undertaking is great to demonstrat cleerly that the covenant is meerly void wicked and impious His first clear demonstration is that it was devised by strangers imposed by subjects who wanted requisite power and was extorted by just feare of unjust suffering so that many that took it with their lips never consented with their hearts Ans This cleer demonstration is but a poor and evill argument the Major if it were put in forme would hardly be granted The Covenant was not dishonourable to union but I stand on the minor as weake and false for the covenant was not devised by strangers the Commissioners of the Parliament of England together with the Commissioners of the Parliament and generall assembly of Scotland were the first and only framers thereof but they who gave the life and being to it in England were the Lords and Commons assembled in Parliament at West-Minister by the Kings call and at that time acknowledged by his Majestie without any question about the lawfullnes of their constitution and authority these men and that Court were not I hope great strangers in England The covenant was not imposed upon the King but the Parliaments of both Kingdomes made it their earnest desire unto his Majestie that he would be pleased to joyne with them in that Covenant which they did judge to be a maine peece of their security for their Religion and liberties in all the three Kingdomes As for their imposing of it upon the subjects of England an ordinance of Parliament though the King consent not by the uncontroverted lawes of England is a sufficient authority to crave obedience of all the subjects of England during the continuance of that Parliament The last part of the demonstration is dishonorable indeed to the English Nation if it were true it was no dishonour to England to joyne with their brethren of Scotland in a Covenant for mantainance of their Religion and Liberties but for many of the English to sweare a covenant with their lippes from which their heart did dissent and upon this difference of heart and mouth to plead the nullity of the oath and to advance this plea so high as to a cleer demonstration this is such a dishonour and dishonesty that a greater cannot fall upon a man of reputed integrity Especially when the ground of the lie and perjury is an evident falshood for the covenant was not extorted from any flesh in England by feare of any unjust suffering so far was it from this that to this day it could never be obtained from the Parliament of England to enjoyne that covenant upon any by the penulty of a two pence The Warners second demonstration is no better then the first the ground of it is Covenanters were not deceived but understood what they sweare that all oathes are void which
have deceipt and errour of the substantiall conditions incident to them This ground had need to be much better cautioned then heere it is before it can stand for a major of a clear demonstration but how is the minor proved behold how much short the Warners proofes are of his great boastings His first argument is grounded upon an evident falshood that in the Covenant we sweare the lately devised discipline to be Christs institution Ans There is no such word nor any such matter in all the Covenant was the Warners hatred so great against that peece of write that being to make cleare demonstrations against it hee would not so much as cast his eye upon that which he was to oppugne Covenanters sweare to endeavour the reformation of England according to the word of God and the best reformed Churches but not a word of the Scotes Presbytery nor of any thing in any Church even the best reformed unlesse it be found according to the paterne of Gods holy word The second ground of his demonstrantion is also an evident errour The Warner unwittingly comends the Covenant that the covenant in hand is one and the same with that of King Iames. Ans Such a fancy came never in the head of any man I know much lesse was it ever writen or spoken by any that the Covenant of King Iames in Scotland 1580 should bee one and the same with the Covenant of all the three Kingdomes 1643 whatsoever identities may appeare in the matter and similitude in the ends of both but the grossest errors are solide enough grounds for praelaticall clear demonstrations Yet heere the Warner understands not how hee is cutting his own vines his friends in Scotland will give him small thanks for attributing unto the nationall Covenant of Scotland that Covenant of King Iames these three properties that it was issued out by the Kings authority that it was for the maintenance of the Lawes of the realme and for the maintenance of the established Religion tyme brings adversaries to confesse of their own accord long denyed truthes But the Characters which the Warner inprints upon the solemne league and Covenant of the three Kingdomes wee must bee pardoned to controvert till he have taken some leasure to trie his wilde assertions First that the league is against the authority of the King secondly that it is against the Law and thirdly that it is for the overthrow of Religion The man cannot think that any should beleeve his dictats of this kind without proofe since the expresse words of that league do flatly contradict him in all these three positions His gentle memento that Scotland when they sued for aid from the crowne of England had not the English discipline obtruded upon their Church might heer have been spaired was not the English discipline and liturgy obtruded upon us by the praelats of England with all craft and force did we ever obtrude our disciplin upon the English but when they of their owne free and long deliberate choice had abolished Bishops and promised to set up Presbytery so far as they had found it agreable to the word of God were wee not in all reason obliged to encourage and assist them in so pious a work In the nixt words the Warner for all his great boasts finding the weaknes of all the former grounds of his seconde demonstration The King did not clame the sole and absolute possession of the militia he offers three new ones which doubtles will doe the deid for he avowes positively that his following grounds are demonstrative yet whosoever shal be pleased to grip them with never so soft an hand shall find them all to be but vanity and wind The first after a number of prosyllogismes rests upon these two foundations first that the right of the militia resides in the King alone secondly that by the covenant the militia is taken out of the Kings hands and that every covenanter by his covenant disposes of himselfe and of his armes against the right which the King hath into him Ans The Warner will have much adoe to prove this second so that it may be a ground of a clear demonstration but for the first that the power of the militia of England doth reside in the King alone that the two houses of Parliament have nothing at all to doe with it and that their taking of armes for the defence of the liberties of England or any other imaginable cause against any party countenanced by the Kings presence against his lawes must be altogether unlawfull if his demonstration be no clearer then the ground where upon he builds it I am sure it will not be visible to any of his oppofits who are not like to be convinced of open rebellion by his naked assertion upon which alone he layes this his mighty ground Beleeve it he had need to assay its releefe with some colour of ane argument for none of his owne friends will now take it of his hand for ane indemonstrable principle since the King for a long time was willing to acknowledge the Parliaments jointe interest in the militia yea to put the whole militia in their hands alone for a good number of yeares to come so farre was his Majestie from the thoughts that the Parliaments medling with a parte of the militia in the time of evident dangers should be so certainly and clearly the crime of rebellion The Warners second demonstrative ground wee admit without question in the major that where the matter is evidently unlawfull the oath is not binding but the application of this in the minor is very false All that hee brings to make it appeare to be true is that the King is the supreame Legislator that it is unlawfull for the subjects of England to change any thing established by Law especially to the prejudice of the Praelats without their own consent they being a third order of the Kingdom otherwise it would be a harder measure then the Friers and Abbots received from Henry the eight The change of lawes in England ordinarly beginne by the two houses without the King Ans May the Warner be pleased to consider how farre his dictats heere are from all reason much more from evident demonstrations That the burden of Bishops and ceremonies was become so heavy to all the three Kingdomes that there was reason to endeavour their laying aside he does not offer to dispute but all his complanit runnes against the manner of their removall this say I was done in no other then the ordinary and high path-way whereby all burdensome Lawes and customes use to be removed Doth not the Houses of Parliament first begin with their ordinance before the Kings consent be sought to a Law is not an ordinance of the Lords and Commons a good warrant to change a former Law during the sitting of the Parliament The Lawes and customes of England permit not the King by his dissent to stoppe that change The
the Law they did effectuate that some Ministers should have the title of this or that Bishopricke and the revenues were gathered in the name of this titulare or tulchan Bishop albeit hee had but little part e. g. Robert Montgomerie Minister at Sterline was called Arch-Bishop of Glasgow and so it can bee instanced in other Bishop-rickes and abbacies Now this kind of praelats pretended no right to any part of the Episcopall office either in ordination or jurisdiction when some of these men began to creep in to vote for the Church in Parliament without any Law of the State without any commission from the Church the generall assembly discharged them being Ministers to practise any more such illegall insolencies with this ordinance of the Church after a little debate King James at that time did shew his good satisfaction But the Warner heere jumps over nolesse then twenty seven years time from the assembly at Edinburgh 1579 The innocency of the much maligned assembly of Aberdeen to that at Aberdeen 1605 then was King James by the English Bishops perswasion resolved to put down the generall assemblies of Scotland contrary to the Lawes and constant practise of that Church from the first reformation to that day The act of Parliament did bear that once at least a yeare the assembly should meet and after their busines was ended they should name time place for the next assembly When they had met in the yeare 1602 they were moved to adjourne without doing any thing for two whole yeares to 1604 when then they were conveened at the time and place agreed to by his Majestie they were content upon his Majesties desire without doing any thing againe to adjourne to the nixt yeare 1605 at Aberdeen when that dyet came his Majesties Commissioner offered them a Letter To the end they might be an Assembly and so in a Capacity to receave his Majesties Letter with the Commissioners good pleasure they sate downe they named their Moderator and Clark they received and read the Kings letter commanding them to rise which they obeyed without any farther action at all but naming a dyet for the nixt meeting according to the Lawes and constant practise of Scotland hereupon by the pernicious counsel of Arch-Bishop Banckroft at London the King was stirred up to bring sore trouble upon a number of gracious Ministers Christmas and other superstitious festivals abolished in Scotland both by Church and State This is the whole matter which to the Warner heir is so tragick an insolence that never any Parliament durst attempt the like See more of this in the Historicall vindication The nixt instance of our Presbiteryes usurpation upon the Magistrat is their abolition before any statute of Parliament thereupon of the Church festivals in their first book of discipline Ans Consider the grievousnesse of this crime in the intervall of Parliaments the great counsel of Scotland in the minority of the Prince entrusted by Parliament to rule the Kingdome did charge the Church to give them in wryte their judgement about matters Ecclesiasticall in obedience to this charge the Church did present the counsel with a wryte named since the first book of disciplin which the Lords of counsel did approve subscribe and ratify by an Act of State a part of the first head in that wryte was that Christmas Epiphany purification and other fond feasts of the virgin Mary as not warranted by the holy Scriptures should bee laid aside Was it any encroachment upon the Magistrate for the Church to give this advice to the privy counsell when earnestly they did crave it the people of Scotland ever since have shewed their ready obedience to that direction of the Church founded upon Scripture and backed from the beginning with an injunction of the state His third instance of the Church of Scotlands usurpation upon the Magistrat is The friends of Episcopacy thryves not in Scotland their abolition of Episcopacy in the assembly 1580 when the Law made it treason to impugne the authority of Bishops being the third estate of the Kingdome Ans The Warner seemes to have no more knowledge of the affairs of Scotland then of Japan or Utopia the Law hee speakes of was not in being some yeares after 1580 how ever all the generall assemblyes of Scotland are authorised by act of Parliament to determine finally without an appeale in all Ecclesiastick affaires in the named assembly Lundie the Kings Commissioner did sit and consent in his Majesties name to that act of abolition as in the nixt assembly 1581 the Kings Commissioner Caprinton did erect in his Majesties name the Presbiteryes in all the Land it is true three yeares thereafter a wicked Courtier Captaine James Stuart in a shadow of a closse and not summoned Parliament did procure an act to abolish Presbiteries and erect Bishops but for this and all the rest of his crimes that evill man was quickly rewarded by God before the world in a terrible destruction these acts of his Parliament the very nixt yeare were disclaimed by the King the Bishops were put downe and the Presbitry was set up again and never more removed to this day The Warners digression to the perpetuity of Bishops in Scotland to the acts of the Church and State for their restitution is but to shew his ignorance in the Scotes story what ever be the Episcopall boastings of other Nations yet it is evident that from the first entrance of Christian Religion into Scotland Presbiters alone without Bishops for some hundred yeares did governe that Church and after the reformation their was no Bishop in that Land but in tittle and benefice till the yeare 1610 when Bancroft did consecrat three Scotes Ministers all of them men of evill report whom that violent Commissioner the Earle of Dunbar in the corrupt and null assembly of Glasgow got authorised in some pairt of a Bishops office which part only and no more was ratified in a posterior Parliament Superintendents are no where the same with Bishops much lesse in Scotland where for a time only till the Churches were planted they were used as ambulatory Commissioners and visitors to preach the word and administer the Sacraments for the supply of vacant and unsetled congregations The fourth instance is the Churches obtruding the second book of discipline without the ratification of the State Ans The second book of disciplin why not al ratified in Parliament For the Ecclesiastick enjoining of a generall assemblyes decrees a particular ratification of Parliament is unnecessary generall acts of Parliament commanding obedience to the acts of the Church are a sufficient warrant from the State beside that second book of disciplin was much debated with the King and at last in the generall assembly 1590 his consent was obtained unto it for in that assembly where unanimously the subscription of the second book of disciplin by all the ministers of the Kingdome was decried his Majestie some time in person and