bee sent to the Noble-men and Gentlemen in the bounds for furtherance of the worke which being considered and made more perfite some were appointed by the assembly to see presbyteries erected everie where The Confession of Faith was subscribed by the King and his houshold in Ianuar preceeding and injoyned in March to be subscribed by the subjects which Confession was approved by this assembly holden in Aprile when directions were given for erection of Presbyteries The subscription to the Confession and erection of presbyteries went forward together the same yeare So the discipline by presbyteries was sworne to and not by diocesian Bishops or yet Superintendnets which ceased in the yeere 1575. In the generall assembly holden in August 1590 it was ordained as followeth For as much as it is certaine that the word of God cannot bee kept in sinceritie vnlesse the holy discipline bee observed it is therefore by common consent of the whole brethren CoÌ„missioners present concluded that whosoever hath borne office in the ministrie within the Kirk of this realme or presently beareth or hereafter shall beare office therein shall be charged by every particular Presbyterie where they are resident to subscribe the heads of the discipline of the Kirk in this realme at length set down allowed by act of the whole assembly in the botk of policie which is registred in the register of the Kirk namely the heads controverted by the adversaries to discipline of the reformed Kirke within this realme betwixt and the next synodall assemblies of the Provinces under the paine of Excommunication to bee executed against the none subscribers that the presbyteries which shall bee found remisse or negligtnt heerein shall bee rebuked publickely by the whole assembly and to the end the said discipline be knowne as it ought to bee by the whole brethren it is ordained that the Moderator of each Presbyterie shall receive froÌ„ the clerk of the assembly a copie of the said book under his subscription upoÌ„ the expensses of the presbyterie betwixt and the first daye of September next to come under the paine to be accused openly in face of the whole Assembly The same yeere 1590 the Confession of faith was again subscribed universally throghout the whole realme It is cleare then what policie or discipline was then allowed meant in the Confession of faith In the Parliament holden anno 1592 it was ordained that all presentations to benefices bee directed to particular presbyteries in time coÌ„ming with full power to give collation thereupon to put order to all matters and causes ecclesiasticall within their bounds according to the discipline of the Kirke Whensoever their was any meaning to erect that estate of Bishops the Confession of faith was alledged in the contrare as first in a dialogue writen anno 1585 by some learned and reverend Minister and more at length anno 1606 when their estate was restored by Parliament M. Andrew Melvill M. Iames Melvill and sundrie other Ministers commissioners from presbyteries subscribed that protestation which is extant in print in that booke which is entituled the Course of conformitie and among the rest M. William Cowper late Bishop of Galloway M. Adam Ballendine now Bishop of Aberdene and M. Iohn Aburnethie now Bishop of Cathnesse who therefore are guiltie of that haynous crime which the estates were desired to avoyde In this Protestation the reverend brethren have these words following Above all things my Lords beware to strive against God with an open displayed banner by building up againe the walls of Iericho which the Lord hath not only cast downe but also hath layd them under a terrible intâ—rdiction execration c. But the Noblemen and Sates of this realme have the reverence of the oath of GOD made by themselves and subscribed with their owne hands in the Confession of Faith called the Kings Majesties Confession published more than once or twise and sworne by his most excellent Majestie and by his highnesse Nobilitie Estates and whole Subjects of the realme to hold them back from the setting up the dominion of Bishops Because it is of veritie that they subscrived and swore the said Confession containing not only the maintenance of the true doctrine but also of the discipline professed within the realme of Scotland In the verification of the points offered to bee proved in the Protestation they have these words in the 4. cap. But so it is that the Bishoprie is one of the greatest errours and corruptions thereof that is of the adulterous Kirke of Rome and hath no arguments of Scripture Fathers Councells nor reason but the selfesame that the Papists use and in the 5 cap. we have these words If so bee that the setting up of Bishops will throw downe the discipline of our Kirke or if that office hath any thing to doe with these corruptions of Papistrie and Antichristian hierarchie the King our Soveraigne his most excellent Christian Majestie and his Highnesse most ancient religious and noble estates of Parliament if there were none other reaeson but this one would not for all the world fall under the danger of so horrible a perjurie against God to set up Bishops againe c. But so it is as all men knowe the discipline and governement of the Kirk exercised by presbyteries and Bishops are so farre opposed one to another that when the one is set up the other must downe of force There fore the subscribers and swearers of the former Confession if they should as God forbid goe about to set up Bishops and Episcopall governement they could not eshew the cryme of horrible perjurie execrable apostasie and most cursed reparing of Iericho The Reader may find more to this purposâ— in the Protestation it selfe verification insert in the course of conformitie above mentioned This much for Episcopacie that it cannot consist with the Confession of Faith That the five Articles are likewise abjured in the Confession of Faith is cleare For in the Confession wee professe We abhore and detest all heads of Popery as they were then damned and confuted by the Word of God and kirk of Scotland his five bastard Sacraments with all his rites and ceremonies and false doctrine added to the ministration of the true Sacraments all his vaine allegories rites signes and traditions brought in the Kirks without or against the word of God and doctrine of this true reformed Kirk But wee have already proved in sundrie printed bookes that these five articles are traditions broght in the Kirk without or against the word of God and doctrine of this true reformed Kirk that they have beene damned by our Kirk that confirmation or Bishoping is one of the five bastard Sacraments privat baptisme importeth the absolute necessitie of baptisme that kneeling is a rite and ceremonie added to the true ministration of the Sacraments without the word of God And therefore for shortnesse wee referre the Reader to these printed treatises For the present
onely this much M. Knox within a yeere after hee was exyled out of England after the death of King Edward in his admonition directed to England ranketh kneelâ—ng among the superstious orders which prophane Christs true Religion In a letter directed from Deep anno 1559 to Mistresse Lockâ— hee calleth the crosse in baptisme kneeling at the Lords table Diobolte all inventions In the first book of discipline hee and the rest of his fellowes contrivers of the booke forbid celebration of the Communion at Easter for the avoyding of the superstition of the time The observation of Christmasse cireumcision epiphanie they judge ought to bee utterly abolished that the obstinate maintainers and teachers of such abominations as are there reckoned in the first head of which observation of dayes is one ought not to escape the punishment of the civill Magistrate In the Parliamenâ— holden in the yeere 1567 it was declared that whosoever refused to participat of the Sacraments as they were then publickly ministred in this reformed Kirk were not true members of this Kirk An act was likewise made corcerning the Kings oath to bee given at his Coronation to maintaine the due administration of the Sacraments then received which was ratified in the Parliaments following anno 1581 and 1582. Againe in the yeere 1572. it was ordained by act oâ— Parliament that such as did not communicate and partake of the Sacraments as they were then truely ministred if they continue obstinate shal be reputed infamous unable to stand in judgement c. The right administration of the Sacraments is set down in the first book of discipline and the booke of common order prefixed to the Psalmes in meâ—ter whereunto Ministers were referred by acts of the generall assemblies holden in the yeares 1562 and 1564. In the generall assembly holden at Edinburgh anno 1566 the lattet confession of Helvetia was approved but with speciall exception against the same five dayes which are now urged upon us In the assembly holden anno 1575. complaints were made against Ministers and readers because they assembled the people to prayer and preaching upon certaine festivall dayes An article was formed to be presented to the Regent craving that all dayes heeretofore keeped holy in time of Papistrie beside the Lords day bee abolished and a civill punishment bee inflicted upon the observers In the assembly holden in Aprile anno 1577 it was ordained that the visitor with the advice of the synod shall admonish Ministers and readers that read preach or minister the communion at Christmasse or Easter or such superstitious times to desist under the paine of deprivation King Iames in the assembly holden anno 1590 praised God that our Kirke was sincerer that Geneva it selfe because they observed Christmasse and Easter without warrant which our Kirk did not In the booke of common order before the Psalmes it is said that the Sacramenes are noâ— ordaind of God to be used in private orners as charmers and sorcerers use to doe but left to the Congregation and necessarly annexed to Gods Word and seales of the same In the Assembly holden at Edinburgh in October 1581 it was ordained that the Sacraments be not ministred in private houses but solemnely according to the good order hitherto observed under the paine of deposition from the function of the Ministerie It is cleare then that the five articles are contrare to the doctrine and practise of the Kirke of Scotland and therefore abjured in the Confession of faith It followeth then that wee have made two breaches upon the Confession and Covenant for maintaining the same for which the LORD hath threatned us with moe novations and alteration of the whole frame of our Religion Had we not need then to renew our Covenant and promise to repare our breaches so farre as lyeth in us As for antiquite and other reformed Kirkes their judgement corcerning the five articles the writer of these late printed bookes whom you taxe either alledge their authoritie against the same articles or cleare their meaning or answere with respect No well reformed Kirk hath received kneeling or bishoping Some observe holy dayes but would be ridde of them We may safely have fellowship with such Churches if wee communicate not with their corruptions As for the agreement betwixt the oath and Covenant about these things with the 21 article in the Confessien extant in the acts of Parliament wee can find no disagreement The first booke of discipline in the head of the policie of the Kirk distinguisheth betwixt thinges necessarie to bee observed in everie Kirk and things variable to bee ordered by everie particulare Congregation There everie particular Kirk is allowed to have a particular policie of their owne without prejudice of the common and geneâ—all as whether to conveene this or that daye of the weeke to the Sermon or how many dayes For the whicâ— and many like there can bee no generall order set downe That booke of discipline was penned by the same persons who drew up the Confession They meant never that the five articles or the like superstitious rites and ceremonies were variable as appeareth by that which I have alreadie alledged M. Knox who had a chiefe hand in that Confession maintained after his first Sermon in publicke in a convention of gray and black Friers at S. Andrewes that the Kirke had no power to devise significant ceremonies But these are properly called ceremonies not politick constitutions for order and decencie And the other Confession which you call the negative condemnes signes brought into the Kirk without or against the the word of God Significant ceremonies beeing condemned the crosse and the surplice or other superstitious apparell cannot bee received You taxe the royall Mandat if you alledge opposition betwixt the old Confession and the other which you call the negative but wee call the generall with a rejection of Popish errours as an appendicle Before I come this length I perceive your reasons for not authorizing or subscribing this Confession at this time have not beene applauded unto by his Majestie and the Lords of secreet Counsell What will you doe now will you stay your subscription till his Majestie subscribe or will you joyne with the Covenanters or will you subscribe with reservation howsoever if you will The case is altered You were unwilling before but now I will not for the reasons containd in the Protestation made at the crosse of Edinburgh the 22 of September where-unto I adhere To the fourth Chapter IN your former chapter you seemed onely to except at our interpretations But now you seeme to offend at the matter For you saye that in so farre as the matter of an oath is unlawfull or unlawfull plâ—asing or displeasing to GOD it ought to bee kept or broken which is uncontroverted but not to the purpose unlesse you would insinuate that there is some bad matter in the Confession And so should it never have beene sworne to or subscribed from the first houre
negative position but is only a rejection of sundrie popish errours particularly expressed with generall clauses for rejection of the rest as your selfe confesse in the 9 page Neither is it a great volumne How often doe your selfe call it a short Confession You saye it may bee gathered by that speach that hee did utterly disallow and annull that Confession Hee allowed it before both in his none age and majoritie Next it was necessarie for the discoverie of masked Papists and still is for masked Papists and Ministers to use such formes of speach I detest I abhorre c. It is strange that that should bee dislyked now which was thought necessarie then But suppose the forme of the Confession was disallowed by that speach yet could it not annull the former mandat A speach uttered in a conference holden out of the Countrie could not repeale the acts of Counsell made at home and his owne publick Proclamation Next that speach was uttered if uttered in a free discourse to such as were there present and was not delivered by way of precept charge or declaration to us M. Patrick Galloway in a letter dated the tenth of Februar 1604. and directed to the Ptesbyterie of Edinburgh hath these words Sundrie as they favoured gave out copies of things heere concluded Where-upon I my selfe tooke occasion as I was an eye and eare witnes to set them downe and presented them to his Majestie who with his owne hand mended some things and eeked other things which I had omitted Which corrected copie with his owne hand I have and have sent you heerewith the just transsumpt of it word by word But in that transsumpt there is no mention of such a speach nor the least inkling against the Confession of our faith which had beene verie pertinent and requisite if hee had intended either a recalling of his mandat or a declaration of his disallowance of that Confession But suppose hee had yet as I have said that could not bee a recalling of his royall mandat the Confession of faith beeing authorized by acts of Counsell acts of Assembly and Parliament neither could the Confession bee abandoned beeing alreadie received sworne and subscribed by the Subjectes universallie Doctor Andrews in his Tortura torti denyeth that hee might have given libertie of conscience in respect of his oath at his Coronation first in Scotland and then in England For then sayth hee hee should bee twise perjured Non semel perjurus esset quin bis si te andiat You would draw upon him a greater guilt that would have made him to draw others also into perjurie You prove next that the royall mandat was made voyde by his death and expyred with the royall breath and to this effect you cite the sentence following out of the glosse upon the 19 chapter of the first Booke of the Decretalls Morte mandantis expirat mandatum which as you have cited is false But these words of the glosse are received Mortuo mandatore re existente integra expirat mandatum The scope of the text is to determine that the jurisdiction of him that is delegate expyreth not by the death of him who delegated if there bee litiscontestation before his death because then the matter is not whole and untouched So likewise Iustinian sayeth of that mandatum that is contracted betwixt him that giveth and him that undertaketh the charge of anye businesse the Mandator and Mandatarius that the contract is loosed if the death of any of them interveene before entrie to execution Si adhuc integro mandato mors alterius interveniat Such like in authorative mandats if hee to whom commission was given to put it to execution depart before hee put it in execution there can bee no farther proceeding till another bee placed in his rowme But for the receiving the Confession of Faith the Commissions given were put in execution both in the 1580 and 1590 yeares The Confession beeing once received sworne to and subscribed could not bee recalled by the death of the King who was the first beginner and ringleader of the work Doth a house fall with the death of the Master builder Neither was that Confession received for the Kings Mandat or direction alone but for the act of Counsell also Now the Counsell never dyeth For politick bodies are immortall and continue by succession Nor yet for the act of Counsell but most of all and principally for the ordinances and directions of the generall Assembly And last of all this Confession of faith is nothing els but the first Confession enlarged with some generall clauses and rejection of popish erours To the third Chapter YOu thinke it not convenient that the negative Confession bee authorized at this time and subscriptions requyred thereto and that for the reasons expressed in the conference at Hampton Court and because of some ambiguities and no small difficulties therein How valide your reason is alleadged by you out of the conference at Hampton Court let the Reader judge No man complained of ambiguities and difficulties in it till such as you are began to pretend the same because apparently your eyes were dazeled with the light thereof and you saw perhaps that which you desired not to see Howsoever it is already sufficiently authorized and needeth not to bee authorized againe for want of authoritiâ—e And seeing it is authorized all the members of this Kirk ought to subscribe it and at this time especially when the frame of Religion was like to be altered If there bee any ambiguities they may bee explained to the subscribers Cavillators and tergiversators should be proceeded against as simple refusers We aggree to the words of the 18 article in the Confession of Faith but that maketh nothing against us who are already perswaded that our Confession is grounded upon the holy Scriptures It is true wee ought to bee busie instructing the people in the positive groundes of trueth but that hindereth us not to explaine to them points of heresie which were set downe for masked Papists and now Ministers themselves are leavened with Poperie Arminianisme Should not the true shepheard bee carefull to warne the sheep if they bee in danger of the Wolfe If any of us have given any other interpretation then the Confession of faith it selfe will beare wee shall bee ready to passe from it when wee shall be convinced You are sorie that some of us in printed workes condemne Episcopacie and the five Perth articles What any have writtten I trust they will bee ready to defend For the present I maintaine that by this Confession which you call the negative wee abjure Episcopacie For in this Confession wee protest that wee detest the Romane Antichrist his worldlie Monarchie and wicked Hierarchie The Popish hierarchie doth consist of Bishops Presbyters and Deacons that is baptising and preaching Deacons For it is so determined by the Councell of Trent in the 4. chap. de Sacramento ordinis Can. 6. Si quis dixerit in ecclesia
notwithstanding of the royall mandat or authorizing of it by the generall assembly If you assume or apply you should bee corrected before you bee confuted first cast out and then answered by such as shall bee appointed You exhort us not to judge hardly or uncharitablie one of another nor breake the bond of peace and Christian brotherhood for diversitie of opinions among us for rites and ceremonies Then you would have us to suffer the people to bee withdrawne by seducers from the simplicitie of the Gospell and to admit Episcopacie which you seeme heere to ranke among rites and ceremonies How can peace stand among men when the glorie of God is not kept safe sayeth Bernard epist. 126. Quomodo stabit pax hominum coram Deo cum Deo si Deo apud homines non potest tuta esse sua gloria FINIS To fill vp this last sheet I have heere subjoyned some Acts and constitutions of our Kirke for the sitting of ruling Elders in the generall Assemblyes Provineiall synods and Presbyeeries or as they are called in the book of Policie the Common Elderships IN the first booke of Discipline the office and power of Elders are described where wee have these words If hee that is the Minister bee worthie of admonition they that is the Elders must admonish him or correction they must correct him and if hee bee worthie of deposition they with consent of the Kirk and Superintendent maye depose him so that his cryme deserve so If they might do so with the Superintendent they may doe as much with Ministers in a Presbyterie which is come in the rowme of Superintendents In the assembly holden in December anno 1562 it was ordained that the Superintendent give sufficient advertisement to the particular Kirks of the time and place appointed for the synodall convention that the Minister with an Elder may repare to the place appointed Power was granted to Superintendents in their synodall conventions to translate Ministers from one Kirk to another with consent of the most part of the Elders and Ministers In the assembly holden in Iune anno 1563 it was ordaind that everie Superintendent cause warne the Shyres towns and parish Kirks within his jurisdiction to send their commissioners to the generall Assembly In the assembly holden anno 1568 in Iulie when order was set downe to bee followed in choosing Commissioners with power to vote in the generall Assembly it was ordainde that Ministers and Commissioners of shyres shal be chosen at the Synodall convention of the diocie with consent of the rest of the Ministers and Gentlemen that shall conveene at the said synodall convention In the generall assembly holden in Februar 1609 we find registrated that the Superintendent of Angus Merns Coommâ—ssioner at that time for the shiresdomes of Aberdeene Bamse had deprived the Principall Subprincipall and some Regents in Aberdeene with advice and consent of the Ministers Elders and Commissioners present which is alledged before in the first Chapter In the book of policie or second booke of discipline agreed upon anno 1578 we have these conclusions In the end of the sixth chapter There that is the Elders principall office is to hold assemblies with the Pastors and Doctors who are also of their number for establishing of good order and execution of discipline In the 7 chapter It is meete that some of the Elders bee chosen out of everie particular Congregation to concurre with the rest of their Brethren in the common Assembly that is the Presbyterie and to take up the delations of offences within their owne Kirks and bring them to this assembly This wee gather out of the practise of the primitive Kirk where Elders or colledges of Seniors were constitute in Cities and famous places The Power of election of these who beare ecclesiasticall charges pertaineth to this kinde of assembly within their owne bounds beeing well erected and constitute of many Pastours and Elders of sufficient abilitie By the like reason their deposition also pertaineth to this kind of Assembly as of them that teach erronious and corrupt doctrine that bee of slanderous life and after admonition desist not that bee given to schisme or rebellion against the Kirk manifest blasphemie symonie c. Provinciall assemblyes wee call lawfull conventions of the Pastors Doctors and other Elders of a province gathered for the common affaires of the Kirkes thereof The Nationall assembly which is generall to us is a lawful convention of the whole Kirkes of the realme or nation wher it is used or gathered for the common affaires of the Kirke maye bee called the generall Eldership of the whole Kirkes within the Realme In the leter sent by King Iames to Noblemen and Gentlemen anno 1581 for furtherance of the erection of presbyteries wee have these words It is thought impossible to attaine to any formall order likely to have continuance to the posteritie over our whole realme while the ancient bounds of the diocies bee dissolved where the Parishes are thick together and small be united and where they be ever great and of larger boundes be divided and thereafter presbyteries or Elderships constitute for a dozen of parishes or thereabouts some more some fewer as the commoditie of the countrie lyeth wher the ministrie and Elders in these boundes conveening maye commodiously exerce discipline and take order in the affaires of the Kirke so far as shall be appointed before the cognition bee brought to the synodall assembly In the assembly holden at Sainct Andrewes in Aprile 1582 in answere to some concerning Elders wee have this answere Concerning such Elders as verse not in the word their resort to the Presbyterie shall bee no farther urged strictly than the weightinesse occasion upoÌ„ intimation and advertisement made by the Pastors and Doctors shall require at which time they shall give their concurrence yet such as may commodiously resort are to bee exhorted to bee present at all times The Presbyterie or eldership of Edinburgh was erected upon the penult of May 1581. consisting of fifteen or sixtene Ministers of the Kirks adjacent within foure or five myles and some Barons and Gentlemen elders out of everie Kirk for that effect So the right of ruling Elders in presbyteries was put in practice at the first erection and constitution of Presbyteries and none were constitute without them This forme and order was a great eye-fore to M. Patrick Adamsone pretended Bishop of Saint Andrewes as the Reader maye see in his Declaration set foorth under the Kings name but falsely in these turbulent times anno 1584 and 1585. Whereâ—unto an answere was made by such as were men of chiefe note in our Kirk I insert here onely the answere following so far as concernes this point As to the eight intention it is accursed and proceedeth from the verie instinct of Satan manifesting himsâ—lfe without cloak colour For there is damned first the name of Presbyterie next the office bearers in the Presbyterie and thirdly