the reformed Church of Scotland for many yeares after the reformation And though repressed for a time yet re-established again by divers more lawfull Assemblies than this ratified by divers Act of Parliament and continued now for many yeeres by-gon there behoved to be many and weighty reasons why such a Doctrine should be conversed with a serious deliberation to ponder and consider them yet neverthelesse in this Assembly in one short Session the whole matter was proponed discussed voiced concluded and a large Act past thereupon CHAP. II. Concerning the Act against Episcopacie ALbeit it were an easie matter to refute all the controverted Acts of this Assemblie yet leaving the rest at this time we intend onely to examine that Act Sess. 26. Decemb. 8. Against Episcopacie And that for two reasons especially First because the grounds whereupon this Act is concluded are the self-same whereupon all the rest of the controverted Acts are grounded and therefore these grounds being declared evidently to be infirme and weak it will also appear that together with this Act of Episcopacie All the rest of their Acts depending thereupon shall be found to be ruinous as I trust their fall shall be suddain Secondly because the principall aime of the most and chiefest of these who were members of that Conventicle was to suppresse Bishops because they esteemed them chiefly to have crossed their Sacrilegious and ambitious 〈◊〉 I or â—efore Bishops were re-established the Noblemen and Baroâ—s both possessed the substance of the Church renâ—s and also ruled the whole Eâ—tate at their pleasure in Councell and Parliament by their own voyces and voyces of the Gentry and Borroughs whom those factious 〈◊〉 did depend for the most part upon one Noble man or other then finding that by the re-establishing of Bishops their rents were taken out of their hands and that they were like to loose their Abbeyes and Prioâ—ies also and finally that their particular ends not alwayes tending to the weell of the Church or Kingdome or Honour of the Prince were crossed by the estate of Bishops no marvell then though they be moved by all meanes possible to suppresse them and for that effect have laboured to make use of the simplicitie of some of the Ministrie and proud humours of others impatient of Subjection to lawfull Authoritie of whom some having aimed in vaine at Bishopricks as is well known of divers of the Ring-leaders of that Faction thought it best for their credit to declare a great contempt of that estate which they had with much labour sought after without the desired effect according to the fable of the Fox others by their former misdemeanors both against the Church and Regall Authority being past hope of further advancement did easily condescend to shake off that yoak which their turbulent humours could never suffer them patiently to bear those were made to blow the trumpet of Rebellion both in their Pulpits and private conferences drawing the people after them and the simplest sort of Ministers also who did not judiciously remark their secret ends cloaked under the colour of Religion and libertie of the Church by which meanes this condemning of Episcopacie was brought in head with all the consequences thereof This is the point we mean to examine for the present and that you may see the weaknes of their reasons the better we shall set down verbatim the Act it self as it was conceived by them Act of the Assemblie at Glasgow Sess. 16. Decemb. 8. 1638. Declaring Episcopacie to have been adjured by the Confession of Faith 1580. And to be removed out of this Kirk THe Assemblie taking to their most grave and serious Consideration first the unspeakable goodnesse and great mercie of God manifested to this Nation in that so necessarie so difficult and so excellent and divine work of Reformation which was at last brought to such perfection that this Kirk was reformed not onely in Doctrine and Worship but also after many conferences and publik reasonings in divers Nationall Assemblies joyned with solemn humiliations and prayers to God the Discipline and Government of the Kirk as the hedge and guard of the doctrine and worship was prescribed according to the rule of Gods word in the book of Policie and Discipline agreed upon in the Assemblie 1578. and insert in the Register 1581. established by the Acts of the Assemblies by the confession of Faith sworn and subscribed at the direction of the Assembly and by continuall practice of this Kirk Secondly that by men seeking their own things and not the things of Iesus Christ divers Novations have been introduced to the great disturbance of this Kirk so firmely once compacted and to the endangering of Religion and many grosse evils obtruded to the utter 〈◊〉 of the work of Reformationâ— and change of the whole form of worship and fâ—ce of this Kirk commanded to receive with reverence a new Book of Common prayer as the onely form to be used in Gods publik worship and 〈◊〉 Contraveeners to be condignely censured and punished and after many supplications and complaints knowing no other way for the preservation of Religion were moved by God and drawn by necessity to 〈◊〉 the Nationall Covenant of this Kirk and kingdome which the Lord since hath blessed from Heaven and to subscribe the confession of faith with an Application thereof abjuring the great evils wherewith they were now pressed and suspending the practice of all Novations formerly introduced till they should be tryed in a free generall Assembly lastly that some of his Majesties Subjects of sundry ranks have by his Majesties command subscribed and renewed the confession of Faith without the former explication And that both the one and the other Subscribers have subscribed the said Confession in this year as it was professed and according to the meaning that it had in this Kingdome when it was first subscribed â—581 and afterward The Assemblie therfore 〈◊〉 by the Subscription of his Majesties high Commissioner 〈◊〉 of the Lords of secret Councell Sept. 22. 1638. and by the Acts of Councell of the date foresaid bearing that they should subscribe the said Confession and ordaining all his Majesties Subjects to subscribe the same according to the foresaid date and tenor and as it was then professed within this Kingdome As likewise by the protestation of some of the Senators of the Colledge of Iustice when they were required to subscribe and by the many doubtings of his Majesties good subjects especially because the Subscribers of the Confession in February 1638. are bound to suspend the approbations of the corruptions of the Government of the Kirk 〈◊〉 they be tryed in a free generall Assemblie finding it proper for them and most necessarie and incumbent to them to give out the true meaning therof as it was at first profest that all his Majesties Subjects in a matter so important as is the publik Confession of Faith so solemnly sworn and subscribed may be of one mind and one heart and have 〈◊〉 satisfaction
cap. 7. intituled of Ecclesiasticall Discipline in the second book of Discipline every where and most frequently by all Ecclesiasticall writers and therefore those who have obeyed and received Bishops are not perjured nor have broken that oath whereby they did swear to adhere to the Discipline of the Church of Scotland But on the contrary those of this Assembly who have deposed and excommunicated with such precipitation so many Bishops and Ministers without observing in their proces these formes prescribed by the Discipline of the Church of Scotland are evidently perjured according to their own grounds Secondly the word Discipline is taken at some times in a more large and ample signification for the whole Policie of the Church which in the second book of Discipline cap. 1. is defined to be An order or form of Spirituall Government which is exercised by the members thereto appointed by the Word of God for the we â—ll of the whole bodie which policie cap. 2. is divided first in regard of the persons in that part which concerneth Rulers and that which concerneth them who are ruled secondly in regard of the thing subject to this Policie in three parts 1. The policie which concernes the preaching of the Word and the administration of the Sacraments 2 That which concerneth the censures of the Church or Discipline so properly called 3. In that which concerneth the collecting and distributions of Almes and â—ent of the Church Now if any will be so obstinate as to contend that the word Discipline is taken in this large sense in the Oath of the Covenant for their satisfaction likewise we must consider that in this Discipline or Policie it is requisite that we distinguish the points which are essentiall and perpetuall from the points accidentall and mutable or as it is expresly distinguished in the first book of Discipline cap. 9. Intituled of the Policie of the Church in things utterly necessary without the which there is no face of a visible Church and in things profitable and not meerly necessarie the points utterly necessary are those which are prescribed by Gods Word to endure perpetually as that there be Pastors Teachers and Rulers in the Church that Gods Word be truely taught and Sacraments administred according to Christs Institutions and that the censures of the Church be exercised against scandalous persons and such other like things The points not meerly necessary but profitable are those which are not particularly prescribed by Gods Word but left to the libertie of the Church to constitute by Ecclesiasticall Canons setting down the formes Ceremonies and Orders to be observed in Gods worship and ruling of the Church according as the divers circumstances of time place and persons doe require Such as how many Pastors under what names and titles they ought to bear rule in the Church over what bounds or what particular persons they ought to have charge when where in what order gesture or what habite they ought to preach pray or administer Sacraments and exercise their Authoritie and divers other Ecclesiasticall Constitutions concerning their particular manner of Government The first sort ought not to be altered or changed in substance since they are appointed by God to be perpetuall in the Church and the oath taken in Baptisme or entrâ—e to a calling doth oblige every one within the Church according to their place and station therein to observe them perpetually albeit there had been no other Oath But so it is that this power and preheminencie here condemned is not contrary to any of these essentiall points of the policie of the Church appointed by Gods word but most conforme therto according to the practice of the Church both under the Old and New Testament And therefore in swearing to adhere to these points of Discipline none have abjured this power and preheminence but therewith have retained those essentiall points without change or Alteration There be other points of Episcopacie which are comprehended under the accidentall parts of the Policie of the Church such as are by what titles or names those who bear chief rule in the Church ought to be called Whether Bishops or Superintendents or Commissioners or Presidents or {non-Roman} {non-Roman} {non-Roman} {non-Roman} {non-Roman} or Moderatores by whose advice they should exercise their Authoritie whether by Chapters or Synods or Presbyteries or by other wise godly and learned men assumed by their own choice to be their Câ—uncell Albeit indeed it be more expedient to use these titles and names which have ever been used in the Apostolick and Primitive Church and continued by long prescription in after ages than those new invented titles by men affecting Singularitie These points being alterable in their own nature as not being precisely commanded in Gods word may be changed by the Church in whose libertie they were left and therefore no Oath could bind any man to the perpetuall observation thereof in case it pleased the Church for reasons of expediency to alter them for according to that Common Regula Iuris Iuramentum sequitur naturam actus super quo interponitur if the things we swear unto be of their own nature perpetui Iuris the oath taken thereupon biâ—des to the perpetuall observation and no Creature is able to absolve us of that Oath But if it be Iuris positivi and onely a Constitution of the Câ—urch or Common-wealth concerning these things 〈◊〉 are left to the libertie of the Church or Supreme 〈…〉 then certainly the oath taken thereupon 〈…〉 longer than the Constitution standeth in force but being altered by that same lawfull Authoritie whereby it was established all are ipso facto loosed from the bond of that Oath yea all those who have sworn to adhere to the Discipline of the Church of Scotland are bound by vertue of that oath to follow the Church in the alteration she makes in those mutable points and to obey the new Acts and Constitutions that concerne the same Although they be different or contrary to the former Acts and all those who disobey therein contemptuously are guiltie of perjurie Therefore since the Church hath altered upon good and grave reasons those formes and Constitutions of Presbyteriall Government established for a time not upon so good grounds unto the ancient approved manner of Episcopall Government all those within the Church are obliged notwithstanding of their former oath to follow the Church in her change without fear of perjurie And on the contrary all our Covenanters who before the lawful abrogation of the Constitutions of the Church established by lawfull Authoritie have not conformed themselves thereto but disobeying them in their own persons and by their exemplary practice intised yea compelled others to disobey and rebell to the disgrace of their mother their Church and breaking of the bond of peace whereby the Unitie of the Spirit is conserved doe lye under a fearfull perjurie untill they doe seriously repent CHAP. XI Answering to the Acts of the Generall Assemblies produced against Bishops untill
I am assured that the greatest part are not perswaded in their Conscience of the truth of all this Book of Discipline nor will swear to adhere thereto all the dayes of their lives let them put their Covenanting Noblemen and other Gentlemen possessors of the Church Rents to an assay to swear that point of this Book ca. 9. That to take any part of the patrimony of the Church consisting of Tithes Manses Glaebs Possessions Lands Biggings Annuall rents and any other thing which hath been at any time before or shall be in times coming given for the use and utilitie of the Church and convert it to the particular and profane use of any person we hold it a detestable Sacriledge before God Or that point Cap. 12. That this order which Gods Word craves cannot stand with patronages or power of presentation c. put them I say to this Oath particularly and make them understand that by swearing to the discipline of the Church of Scotland they are sworn also to this point and then you shall find that they will rather renounce your Covenant before they take such an Oath Or if they have so bad a Conscience as to swear so directly against their mind before they perform really that which they swear by restitution of the patrimonie of the Church and quieting the Right of Patronage they shall rather revolt from your Covenant and conforme themselves to the Book of Common Prayer Book of Canons and high Commission likewise So if you should put many of the Ministrie especially those who possesse rich Parsonages to swear particularly that point of the Policie appointed by this Book Cap. 9. Cap. 12. To suffer the Deacons to intromet with all their Church Rents and to distribute the same by the direction of the ruling Elders giving one fourth part for the maintenance of their Lay-Elders and Deacons another to their poore Hospitals and Schools another for upholding the fabrick of the Church and other extraordinary affayres and only a fourth part to be given to the Minister they should find few of them who would imbrace their Covenant upon those Conditions So then to perswade people that by swearing to adhere to the discipline of the Church of Scotland they swear also to this book and to all the points therein whereunto the whole Church did agree fully in that Assemblie 1578. as they alleage either it is a false deluding of the whole Kingdom in drawing upon their consciences the burden of a fearfull perjurie or else the Covenanters themselves remaine as yet under that fearfull perjurie notwithstanding of the renewing of their Covenant whereby they think that their perjurie is expiate for they have not as yet renounced those things which they are bound to renounce by their oath 4. This Book of Discipline is deficient in the principall points of Church discipline there is no order set down therein of the censures of the Church nor of the manner of proceeding to the sentence of excommunication against offenders or in the absolution of the penitent or of receiving them again into the Church who has been excommunicated in which points that which properly is called the Discipline of the Church doth consist Every Church hath her Ecclesiasticall Canons whereby those things are directed but this book omitting those Canons hath done as that Painter who having portraied every Nation in its proper habite did paint the French man naked with a paire of Taylors sheers in his hand to shape to himself a fashion of Habite because he changeth yearly according to his fancie even so this book of Discipline hath given to the Ministers and Lay-Elders in their Elderships a power to shape to themselves a new forme of Discipline every year as they please so that as I know perfectly there were few Presbyteries or Sessions in Scotland but had different manner of proceeding in these things as I could instance in divers particulars having seen and perused many Presbyteriall and Session books And there is none amongst themselves who frequented divers Presbyteries but they know this to be true Finally this Book is superabundant also meddling with those things which doe not appertaine to Ecclesiasticall discipline as setting down rules restraining the civill and supreme Magistrate in the execution of his charge committed to him by God debarring him from meddling with Ecclesiasticall matters and not giving him so much power therein as to a Shoemaker or Taylor being a ruling Elder and giving him no definitive power but only to be an executioner of that which they define and such other points of Iesuiticall doctrine Seeing therefore this book of Discipline was never fully approved nor practised by the Church nor fully ratified by the estate and kingdome nor received fully by the Covenanters themselves and since it is deâ—icient in principall points of Discipline and superabundant in meddling witâ—things impertinent it cannot be accounted that discipline whereunto all are sworn by the oath of the Covenant And therefore that all those Acts of Assemblies cited here for the establishing thereof are impertinent to prove their conclusion CHAP. XIII VVherein is discussed that Act of the Generall Assemblie at Dundee 1580. Condemning Episcopacie as it was then in Scotland THe principall Act whereupon they chiefly insist and ground this abjuration and meaning of the Church in these years when the Covenant was sworn is that Act of the Generall Assemblie at Dundee Iuly 1580. whereby The office of a Bishop as it was then used in Scotland is condemned as unlawfull in it self and that Act at Glasgow in April 1581. explaining the same declaring it to be understood not of the spirituall function only but of the whole office of a Bishop as it was then used Albeit the Church appeareth wholly to have condemned by those Acts all the points of the function of a Bishop yet if we consider rightly we shall finde nothing in them which proveth directly the determination of this Assemblie for I cannot see how the whole Church of Scotland did agree at that time in condemning as unlawfull in it self either this point of Episcopacie which is condemned by this Assemblie of Covenanters 1638. or any Substantiall point either of the Spirituall or temporall function thereof except they grant that the Church at that time did contradict it self First I am assured they intended not to condemne in Bishops as unlawfull it self the preaching of the Word the Administration of the Sacraments and the exercise of Ecclesiasticall Discipline since they acknowledge themselves that these are the principall points of their spirituall function in that Act of the Assemblie 1575. discussed here before Secondly neither did they condemn as unlawfull in it self the name and title of a Bishop to be appropriated to some Pastors by others for first they did allow the title of Superintendent to be appropriated to some pastors which is a word of the same sense and signification and importing as great Authoritie and Iurisdiction as the other And