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A68712 His Majesties proclamation in Scotland: with an explanation of the meaning of the Oath and Covenant. By the Lord Marquesse, his Majesties high commissioner. Set forth by the Kings speciall licence; Proclamations. 1638-12-08 Scotland. Sovereign (1625-1649 : Charles I); Hamilton, James Hamilton, Duke of, 1606-1649. Explanation of the meaning of the Oath and the Covenant. aut 1639 (1639) STC 22001.5; ESTC S100073 9,413 23

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Lord and his authority bring a testimoniall in writing thereupon within a moneth after their admission By the 48. act of the same parliament whereby it is declared that archbishops and bishops have authority at their visitations to designe ministers gleibes By the 54. act of the said parliament whereby archbishops and bishops are authorized to nominate and appoint at their visitations persons in every parochin for making and setting of the taxation for upholding and repairing of kirks and kirk-yards and to conveene try and censure all persons that shall be found to have applied to their own use the stones timber or any thing else pertaining to kirks demolished By the 55. act of the parliament 1573. whereby archbishops and bishops are authorized to admonish persons married in case of desertion to adhere and in case of disobedience to direct charges to the minister of the parochin to proceed to the sentence of excommunication By the 63. act of the parliament 1578. whereby bishops where no bishops are provided the Commissioner of diocesses have authority to try the rents of hospitals and call for the foundations thereof By the 69 act of the parliament 1579. whereby the jurisdiction of the kirk is declared to stand in preaching the word of Jesus Christ correction of manners and administration of the holy sacraments and yet no other authority nor office-bearer allowed and appointed by act of parliament nor is allowed by the former acts but archbishops and bishops intended to continue in their authority as is clear by these acts following First by the 71. act of the same parliament whereby persons returning from their travels are ordained within the space of twenty dayes after their return to passe to the bishop superintendent commissioner of the kirks where they arrive and reside and there offer to make and give a confession of their faith or then within fourtie daies to remove themselves forth of the realme By the 99. act of the parliament 1581. whereby the foresaids acts are ratified and approved By the 130. act of the parliament 1584. whereby it is ordained that none of his Maiesties lieges and subiects presume or take upon hand to impugne the dignity and authoritie of the three estates of this kingdome whereby the honour and authority of the kings Maiesties supreme court of parliament past all memorie of man hath been continued or to seek or procure the innovation or diminution of the power and authoritie of the same three estates or any of them in time coming under the pain of treason By the 131. act of the same parliament whereby all iudgments and iurisdictions as well in spirituall as temporall causes in practice and custome during these twenty four years by-past not approved by his highnesse and three estates in parliament are discharged and whereby it is defended That none of his highnesse subiects of whatsoever qualitie estate or function they be of spirituall or temporall presume or take upon hand to convocate conveen or assemble themselves together for holding of councels conventions or assemblies to treat consult or determinate in any matter of estate civill or ecclesiasticall except in the ordinary iudgements without his Maiesties speciall commandement or expresse licence had and obtained to that effect By the 132. act of the said parliament authorizing bishops to try and iudge ministers guilty of crimes meriting deprivation By the 133. act of the same parliament ordaining Ministers exercing any office beside their calling to be tried and adiudged culpable by their ordinaries By the 23. act of the parliament 1587. whereby all acts made by his highnesse or his most noble progenitors anent the kirk of God and religion presently professed are ratified By the 231. act of the parliament 1597. bearing That our soveraigne Lord and his highnesse estates in parliament having speciall consideration of the great priviledges and immunities granted by his highnesse predecessors to the holy kirk within this realme and to the speciall persons exercing the offices titles and dignities of the prelates within the same Which persons have ever represented one of the estates of this realm in all conventions of the saids estates and that the saids priviledges and freedomes have been from time to time renewed and conserved in the same integritie wherein they were at any time before So that his Maiestie acknowledging the same to be fallen now under his Maiesties most favourable protection therefore his Maiesty with consent of the estates declares that the kirk within this realme wherein the true religion is professed is the true and holy kirk And that such ministers as his Maiestie at any time shall please to provide to the office place title and dignitie of a bishop c. shall have vote in parliament sicklike and al 's freely as any other ecclesiasticall prelate had at any time by-gone And also declares that all bishopricks vaicking or that shall vaick shall be only disponed to actuall preachers and ministers in the kirk or such as shall take upon them to exerce the said function By the second act of the parliament 1606. whereby the ancient and fundamentall policie consisting in the maintenance of the three estates of parliament being of late greatly impaired and almost subverted especially by the indirect abolishing of the estate of bishops by the act of annexation Albeit it was never meaned by his Maiestie nor by his estates that the said estate of bishops being a necessary estate of the parliament should any wayes be suppressed yet by dismembring and abstracting from them of their livings being brought in contempt and poverty the said estate of bishops is restored and redintegrate to their ancient and accustomed honour dignities prerogatives priviledges lands teindes rents as the same was in the reformed kirk most amply and free at any time before the act of annexation rescinding and annulling all acts of parliament made in preiudice of the saids bishops in the premisses or any of them with all that hath followed or may follow thereupon to the effect they may peaceably enioy the honours dignities priviledges and prerogatives competent to them or their estate since the reformation of religion By the 6. act of the 20. parliament declaring that archbishops and bishops are redintegrate to their former authority dignity prerogative priviledges and iurisdictions lawfully pertaining and shall be known to pertain to them c. By the 1. act of the parliament 1617. ordaining archbishops and bishops to be elected by their Chapters and no other wayes and consecrate by the rites and order accustomed FINIS
very foundation of justice both in church and common-wealth Secondly it cannot be imagined that this oathshould oblige the now takers of it farther then it did oblige the takers of it at first for doctrine and points of faith it did oblige them then and so doth it us now perpetually because these points in themselves are perpetuall immutable and eternall But for points of discipline and government and policie of the Church that oath could binde the first takers of it no longer then that discipline and government should stand in force by the laws of this Church and Kingdome which our Church in her positive confession of faith printed amongst the acts of Parliament artic 20.21 declareth to be alterable at the will of the Church it self and so repealable by succeeding acts if the Church shall see cause When a king at his coronation taketh an oath to rule according to the laws of his kingdome or a judge at his admission sweareth to give judgement according to these laws the meaning of their oaths cannot be that they shall rule or judge according to them longer then they continue to be laws But if any of them shall come afterwards to be lawfully repealed both king and judge are free from ruling and judging according to such of them as are thus lawfully repealed notwithstanding their originall oath Since therfore if the first takers of that oath were now alive they could not be said to have abjured episcopall government which hath been since established by the lawes of this church and kingdome especially considering that this church in her confession holdeth church government to be alterable at the will of the church certainly we repeating but their oath cannot be said to abiure that government now more then they could be said to do it if they were now alive and repeating the same oath Thirdly how can it be thought that the very act of his Maiesties commanding this oath should make episcopall government to be abiured by it more then the covenanters requiring it of their associats in both covenants the words and syllables of the confession of faith being the same Now it is wel known that many were brought in to subscribe their covenant by the solemn protestations of the contrivers urgers of it that they might subscribe it without abiuring of episcopacie and other such things as were established by law since the time that this oath was first invented and made and the three Ministers in their first answers to the Aberdene Quaeres have fully and clearly expressed themselves to that sense holding these things for the present not to be abiured but only referred to the triall of a free generall Assembly and likewaies the adherers to the last protestation against his Majesties proclamation bearing date the 9. of September in their ninth reason against the subscription urged by his Maiesty do plainly averre that this oath urged by his Maiesty doth oblige the takers of it to maintain Perth articles and to maintain episcopacy Why therefore some men swearing the same words syllables should have their words taken to another sense be thought to abiure episcopall government more then others who have taken the same oath in the same words must needs passe the capacity of an ordinary understanding Fourthly it is a received maxime and it cannot bedenied but that oaths ministred unto us must either be refused or else taken according to the known mind professed intention and expresse command of authority urging the same A proposition not onely received in all schools but positively set down by the adherers to the said protestation totidem verbis in the place above cited But it is notoriously known even unto those who subscribed the confession of faith by his Majesties commandment that his Majestie not only in his kingdomes of England and Ireland is a maintainer and upholder of episcopall government according to the laws of the said Churches and Kingdomes but that likewaies he is a defender and intends to continue a defender of the same government in his kingdome of Scotland both before the time and at the time when he urged this oath as is evident by that which is in my Lord Commissioner his preface both concerning his Majesties instructions to his Grace and his Graces expressing his Majesties mind both to the Lords of Councell and to the Lords of Session and the same likewaies is plainly expressed and acknowledged by the adherers to the said protestation in the place above cited their words being these And it is most manifest that his Majesties mind intention and commandment is no other but that the confession be sworn for the maintenance of religion as it is already or presently professed these two being co-incident altogether one and the same not only in our common form of speaking but in all his Majesties proclamations and thus as it includeth and continueth within the compasse thereof the foresaids novations and episcopacie which under that name were also ratified in the first parliament holden by his Majesty From whence it is plaine that episcopacie not being taken away or suspended by any of his Majesties declarations as these other things were which they call novations it must needs both in deed and in the judgment of the said protesters no waies be intended by his Majestie to be abjured by the said oath Now both the major and that part of the minor which concerneth episcopall government in the Church of Scotland being cleerly acknowledged by the protesters and the other part of the minor concerning that government in his other two kingdomes being notoriously known not only to them but to all others who know his Majesty how it can be imagined that his Majesty by that oath should command episcopacy to be abjured or how any one to whom his Majesties mind concerning episcopall government was known could honestly or safely abjure it let it be left to the whole world to judge especially considering that the protesters themselves in that place above cited by a dilemma which we leave to themselves to answer have averred that when that act of councell should come out yet that it could not be inferred from thence that any such thing was abjured Fifthly and lastly if the explanation in that act of councell be taken in that not only rigid but unreasonable and senselesse sense which they urge yet they can never make it appear that episcopall government at the first time of the administring of that oath was abolished The very words of that confession of faith immediately after the beginning of it being these Received beleeved defended by many and sundry notable kirks and Realms but chiefly by the kirk of Scotland the Kings Majestie and three Estates of this realme as Gods eternall truth only ground of our salvation c. By which it is evident that the subscription to this confession of faith is to be urged in no other sense then as it was then beleeved and received by the Kings Majestie