also that there have beene acts of Assemblies made for subscribing that Confession without relation to the Kings commandment as for that students in schools and Vniversities made anno 1587 and this following Sess. 3. quarto Martij 1589. Anent subscriptions to the Confession of Faith with protestation that the Subscribers doe the same only to obey the King his Lawes the Assembly esteemeth of no such subscriptions but ordaineth such persons to bee proceeded against as against simple refusers Suppose the two acts cited by your self make mention of the Kings mandat yet they injoyne Ministers to doe the same thing that the mandat requyres not beeing urged by the King or Counsell but of their owne accord for furtherance of the work it selfe The first Act requyred Ministers to follow the tenor of the Proclamation But the second Act differeth in some points from the tenor of it Where the King with advice of the Counsell injoyned Ministers to deliver the Names of the refusers and the processe led against them to the Ministers of his House under the paiâ—e of fourtie pounds the Assembly enjoyned them to report their diligence to the next Synods that the same might bee reported to the generall Assembly and that under the paine of deprivation They intended perpetuitie in these Acts for they acknowledged it to bee a true Christian confâ—ssion worthie to bee received by all true professours a godly and Christian confession which ought to bee embraced by all the Kings subjects where-upon they urged subscription To approve a Confession and to urge subscription import an intent that such as shall bee members of the Kirke shall professe conforme to that Confession and subscribe when they are requyred When they ordained Students in time to come to subscribe before they past their Degries did they not intend perpetuitie Did not the continuall practise afterward when any suspect of Papistrie were requyred to subscribe prove a perpetuitie was intended at the first If the first Confession standeth because it is nationall This other or the former with this appendicle continueth for the same reason For a Confession subscribed universally through the whole Nation by direction of Authorititie both civill and ecclesiasticall may and should bee called nationall and with as good reason as a Confession authorized by Parliament without subscription of the Subjects the one beeing the collective the other but the representative bodie And yet it was also approved by Parliament as I shewed before Doth any Nation receive a Confession but of purpose to continue in the same If everie generation should change their Confession what a reproach should it be to a Kirk Heare the reproach of Papists Quoties non mut arunt suam quisque sententiam Quod edificant bodie cras destruunt saye the Professours of Culane in their Antidiagma that is How oft have everie one of them changed their opinion That which they build the day they demolish the next day And Bellarmine sayeth likewise that the Catholick Kirk meaning the Catholick Roman is not like the Synagogues of the Protestants quae singulis annis non solum ritus sed etiam fidem mutant That change everie yeare not onely their rites but their faith also You call the Kings charge his royall mandat and make no mention of the Counsells advice and consent You see the second act of the assembly cited by your selfe beareth that the Kings Majestie with advice of his Counsell hath set foorth and proclaimed c. The Commissions given in March 1509 were given likewise by authoritie of the King and counsell Which is more than you doe insinuate and yet had not beene sufficient without approbation and concurrence of the Assembly You say the vigour of the act of assembly remained no longer than the Kings mandat stoode which expyring it did expyre also I have shewed alredie that these acts of assemblyes were not made by direction or injunction of any royall mandat and have cited some acts which make no mention of any act of Counsell or royall mandate but respect the stablished course You subsume and saye the mandat royall hath expyred long agoe because it was no perpetuall law but a temporarie mandat given out in his Majesties minor age First I answere that mandat was not onely given in his minoritie but againe also in his Majoritie Next it was not only his Majesties mandat but it was an act of Counsell Doth not an act of counsell stand in force till it bee altered or annulled Thirdly the mandat or act of Counsell began the worke not to continue for a time but so long as the Kirk continued Fourthly it could not bee recalled nor yet can bee either by act of counsell or act of Parliament because res non est integra When they laboured to draw the whole Nation to subscription intended they not the perpetuitie of a Confession After the People were brought on to sweare by the great name of the Lord to continue in the obedience of the doctrine and discipline of this Kirk how could the mandat or charge bee recalled Your sentence therefore cited out of the glosse upon Gratians Decree Causa sublata tollitur constitutio ex causa illa orta maketh nothing for the expyring of the force of the acts of the Assembly For both the acts of Counsell and assemblyes tended to establish a perpetuall Confession in this Kirke and Kingdome So the vigour of these acts yet remaineth and continueth Next this sentence is explained causa 19 quaest 2. cap. Duae sunt Glossa propter criminosos Vbi aliquid statuitur propter impulsivam causam causa cessante non ideo cessat constitutio sed ubi aliquid propter finalem causam est statutum ibi si cessat causa cessat constitutio That is A constitution doth not expyre when the impulsive cause ceaseth but when the finall cause ceaseth But heere the impulsive cause of bringing in this Confession was as your selfe confesse the deceit of Papists subscribing to the first Confession minding thereby to subvert the true Religion and the end of drawing up that Confession was to discover them The same causes both impulsive and finall yet remaine And suppose both should faile there is another principall end wherefore Churches set foorth the Confessions of their Faith to wit to make knowne to the World what they professe as I have observed before out of the preface to the harmonie of the Confession You prove the royall mandat to bee expyred first because hee dissallowed this confession in a certaine speach uttered in conference at Hampton Court There have beene sundrie copies of that conference spread abroad and wee have no reason to believe Bishop Barloes report Suppose the report were true we allow the speach in a part For it would have made the Book of the English articles to swel to a great volumne to insert everie negative position But thinke you that well applyed to this Confession for it doth not containe everie
Kirk and Estates which hath approved and ratified it You say that short Confession hath humane privat authoritie and is respected for the Penner and many well affected christians subscribers But that in this regard wee are no more tyed to this Confession then any part of Augustin Ambrose Luther or Calvins workes approved by manie good Chistians nor that the obligation of the subscribers can be extended beyond their owne persons and lifetimes But wee have told you already that it is the Confession of the Kirk of Scotland approved by the Kirk of Scotland and subscribed universally by direction of authoritie at two sundrie times which is more than to bee penned by M. Craig and subscribed by many good Christians or hath beene done to any part of Aagustine Ambrose Luther or Calvins workes Beza set forth a notable Confession of faith which is approved by many good Christians yet is esteemed only as a private worke But so is not the generall confession of the Kirk of Scotland The orthodox confession of a reformed kirk deserveth greater respect than the treatises or works of Ambrose Luther c. Sunt enim hae Confessiones orthodoxae tanquam tabulae authentica privatorum Doctorum scriptis anteponendae as is said in the Latine preface to the Confessions of faith There is good reason for it for humane authoritie admitteth degrees The publick is more valide than a private Sententia communi omnium assensu recepta longé probabilior erit sententia ea quam unus alter statuit One man speaking according to Scripture is to bee prefered before a great assembly of doctours speaking without criptures But then his judgement is preferred because of Gods authoritie not for his owne Bâ—r wee are now comparing private men with a whole Kirk ceteris paribus in regard of themselves and consider humane testimony or judgement qua tale in so far as it is humane To conclude this point Wee are aswell tyed to the generall Confession as to that which you call the nationall for the generall is nationall aswell as the first In the meane time you have showne litle respect either to the penner or subscribers for you call it the negative Confession the short negative Confession The supreme authoritie civill you distinguish in royall or legall and the legall you make also royall So then the royall power is royall or legall Or you meane the royall power is either conjunct with the Estates as in making Lawes because ne civiles quidem leges ex fua solius authoritate ferre potest as saith Burthillus contra Becani controvers pag. 66. or without their concurrence as in giving remissions c. But this you may call the royall Prerogative The power legall you should call legislative or law giving power which Polititians call 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 for the power of execution or administration of justice shuld bee also legall and ruled by the lawes This short Confession you say had never authoritie legall for it was never ratified by act of Parliament but all the civill authoritie it had was only royall by the Kings mandat You would say imposed by vertue of his royall prerogative I believe that his Majestie professing lately in his Declaration that hee would not urge the Service booke farther but in a legall manner would not impose upon us subseription to the Confession of Faith by his royall mandat but in a legall manner I am sure there is as great reason for the one as for the other But wee have shewed already that it hath beene ratified by act of Parliament universally recived subscribed which is equivalent to a Parliament But more of this anone You saye Authoritie ecclesiasticall was given to this Confession by two nationall Synods But I have cited moe which you have omitted whether of set purpose or otherwise I referre to your owne conscience You saye the Authoritie synodicall immediat was that approbation whereby these Synods declared this Confession to bee a true Christian faithfull and godly Confession and that such as truely professe Iesus Christ ought to agree thereto That by this reason it tendeth to manifest a divine authoritie of the confession of the doctrine thereof and in respect of the matter so approved doth equallie oblish all Christians Wee have already cleared that point of divine authoritie wherein you have fumbled As for the other point wee doe think that all good Christians should embrace our Confession Wee beeing persuaded when wee subscribe that it is the undoubted trueth grounded upon the written Word But our intention was not to set downe a Confession of faith whereunto all Christians in the world should bee tyed but only such as will bee members of this Kirk and to make knowne to the world what wee professe For as it is well observed in the preface to the harmonie of Confessions If every man bee commanded to make Confession of his Faith so often as Gods glorie the edification of the Kirk shall require what a wonderfull and strange thing ought it to seeme if Cities if Provinces if whole Kingdomes have made profession of their Faith When they were falselie charged by the Popish sort that they had gone from the doctrine of the true Kirke You acknowledge you are obliged to reverence the judgment of a nationall Synod of our Kirk in matters substantiall Why not in matters also rituall and disciplinarie for these I suppose you oppose to matters substantiall Yet in matters substantiall you professe you are no more oblidged to hearken to those two Synods than to the preceeding or following or to the Synods in forraigne Kirks or to the ancient Councells that is only by restriction Yet you ought to depart from us if you bee not of us if your judgement bee not conforme to the judgement of our Kirk The ecclesiasticall authoritie mediat given by these Synods to this Confession you make to bee their injoyning Ministers to give obedience to his Majesties commandement anent the said Confession Is the ordinance of the Assembly ecclesiasticall mediaâ—e authoritie You vanish in your distinctions An ordinance of an Assembly floweth immediatly from the ecclesiasticall authoritie or power of the Assembly But you prove your mediat authoritie ecclesiasticall thus Nothing is spoken in these statutes but in relation to the Kings Majesties mandat and for a time but that doth not make the power ecclesiasticall mediate but only adjâ—vant or concurrent I will tell you more the Proclamation had taken small or no effect if it had not beene seconded with the authoritie of the generall Assembly Yea it had beene a dangerous preparative to command Ministers to crave subscriptions to a Confession of Faith not approved by the Kirk The worke was good but the order preposterous In the yeere 1589. the assembly began and desired Commissions to be given to that effect and gave in a roll of such as they had nominat to bee Commissioners which was performed by the secret Counsell You must knowe
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
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