is one that are so intrusted by law to call for such promises engadgments do search into mens apprehensions concerning the grounds of their power or not yet the very promiseing of obedience in things lawfull for in things unlawfull obedience must not be promised to any lawfull power under heaven is an acknowledgment of the lawfulnesse of their power of subjection as due unto them an owneing of them as lawfull officers lawfully installed authorized because this could not be done therefore neither could the other be done He replyeth 1. It is not obedience under a reduplication and as formally obedience they call for If it be obedience materiall they are satisfied Ans. And what more doth the most lawfull power under heaven ask do they search into the principles of mens doing such such acts do they examine the reduplications under which they act But. 2. Whether they call for it under that reduplication or not It is reall obedience they call for and. 3. The promiseing of obedience under whatsoever reduplication hath in its bosome an acknowledging of the lawfulnesse of the authority calling for such obedience He replyeth 2. Suppose it were so that obedience as formally obedience were required yet it were hard to say it could not be promised or that it could not be acknowledged that they have any laâ—…full authority for looking upon them as the Kings Maj. commissioners in causes ecclesiasticke for regulating the externall order of the Church in their severall bounds and impowered by the law of the land so to do the strickest presbyterians will not finde ground to disowne their office in that consideration Ans. Then 1. Prelats are nothing else but the Magistrats commissioners have no power or authority jure divino by any warrant of Gods law more then any other of the Magistrat's commissioners 2. whence had the prelats in the first three hundered yeers if so be there was any such as this author is bold enough to affirme but faileth in his undertaking to prove it their commission had they it from Nero the rest of the persecuting heathenish Emperours and if they had no commission from them whence had they their power or by what commission did they act or how could they be Bishops without such a commission How will this advocat extricate himself out of these difficulties evite a contradiction But. 3. If they be the Magistrat's commissioners in causes ecclesiasticke their power must reach no further then the Magistrats power doth in Church causes viz the 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 or his externall order If he streach it no surder How then cometh it to passe that they meddle with more then what concerneth the 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 or will hâ—… say that all the causes which prelats as prelats meddle with are but such ecclesiasticke causes As are for the regulating the externall order of the Church Then he must say that their chief power in ordination their chief if not only power in jurisdiction floweth from the Magistrat by vertue of his commission they act in that sphaere capacity and if he say so he speaketh plainely but without any ground in the word for then Magistrats might ordaine alone at least have a chief hand in ordaineing with others for what they may commissionate others to do in their name they may do themselves But how or what way shall we see this proved Where will he shew any example of any Magistrat as such ordaineing or deposeing Ministers censureing or excommunicating Offenders since the World began What a wilde notion must this be then And if this be the Basis which is so rotten let any judge what the superstructure must be It were tedious here to lanch forth into this debate concerning the Magistrats power in Church matters But sure it was never the doctrine of the Church of Scotland noâ—… of any reformed Church that what power the Prelats challenge to themselves as such did primarily belong unto reside in the hand of the civill Magistrat might be derived by commission from him unto them And this must be granted as a truth if it be once said that prelats Act in Church matters by vertue of a commission from the supreme Magistrat for a commission is distinct from a command the supreme Magistrat may command ministers to preach baptize do what himself cannot do for the doing whereof ministers borrow no power from him but he cannot propperly give them any commission for that effect The giving of a commission importeth the conveyance of a power for effectuating that which is to be done by the commissioner and that the person granting the commission might himself do that which he commissionateth others to do See this consequence fully cleared by famous Voctius Polit Eccles. pag. 146. arg 12. But now if there were no more to hinder any from acknowledging such a power in the prelats this is sufficient that it is granted they have all that power over presbyters by being his Maj. commissioners that they have all that power derived from him consequently that they have no such power at all because he from whom they derive that power by a commission hath no such power himself The confession of faith of the Church of Scotland acknowledgeth no such power in the civill Magistrat The scriptureâ—… by which all are to regulat their actions in the Church of God giveth warrand for no such power No reformed divine except Arminians Erastians doth acknowledge any such power nor any confession of faith of any of the reformed Churches Behold then Reader see what monsters the Prelats are swollen up to that bignesse with mere winde phancies observe by what art they ascend They make the supreme Magistrat beleeve that all the power belongeth unto him to the end he may devolve it back againe over on them by a commission so authorize them according to that Tu facis hunc dominum te facit ille deum Thus you see they derive their power a non-habente potestatem from such as have it not to give therefore their commission is simpliciter null cannot be acknowledged by any faithfull minister or Christian Nor can their power be submitted unto And hence also it is clear what reason these honest Ministers had to refuise this acknowlegment not to take the canonicall oath which was so contradictory unto the oath of the Covenant But he replyeth That there is no contradiction betwixt the covenant and that canonicall oath or promise of obedience to the prelate because Timorcus who is tender in the matter of oaths maintaineth that the ministers who of old took the canonical oath did not swear the contradictory there to when they took the covenant whâ—…nce it will follow necessaryly that they who have taken the Covenant do not contradict that oath if they should take the oath of canonical obedience Ans. Though this canonicall oath should not contradict the second
year 1662. or in time comeing as having no right thereto and that they do not acknowledge them for their lawfull pastours in repaireing to their sermones under the paine of being punished as frequenters of private conventicles meetings commanding chargeing the saids Ministers to remove themselves their families out of their parishes betuixt the first day of Novemb. thereafter not to reside within the bounds of their respective presbyteries This was very sad threatening no lesse then ruine to Ministers and their poor families to be put from their houses in the middest of winter to seek new places of abode not having the small stipend which was due to them allowed for to transport their families with all or to provide themselves in necessaries But yet they resolved to cast themselves on Gods providence trusting in his word accounting it better to suffer affliction with the people of God to enjoy peace of conscience then to enjoy the pleasures of sin for a season and accordingly did remove themselves By which meanes there were some hundereds of parishes left destitute the shepherds were scattered up down the land seeking a sheltering place for themselves It was a sad lamentable sight to see the sad farewell betwixt the loving pastor his beloved floke the teares the cryes and the bitter groanes that were there Now were the breasts pulled from the mouthes of the young infants the table was drawne the people were made to wander up downe the mountaines seeking the word of the Lord could not finde it they had silent Sabbaths empty pulpites some countrey sides were hereby laid utterly desolate And what could these faithfull Ministers do in this case but sigh groan to God seeing they could not in conscience yeeld obedience unto these commands therefore they resolved to be subject for conscience sake and to submit unto the punishment of banishment out of the bounds of the presbytery where they lived which was afterward made more sad for they were commanded to remove Twenty miles from their own parish Church Six miles from a a cathedrall three or foure miles from a brugh Now judge o reader whether this cruelty would not have more beseemed Turks how little cause there was for all this severity rigour to Ministers who had been endeavouring with some measure of faithfulnesse On their part fruitfulnesse through the Lor'ds blessing on their labours to enlarge the Kingdome of Iesus Christ to build up poor souls in their most holy faith because they would not give obedience unto such Acts as were but snares for the conscience to which obedience could not be yeelded without sin SECTION X. The oath of Alleagiance explained as to its civil part some reasons Against the taking thereof even upon that account adduced The act rescissory his Maj. prerogative canvassed AFter that there were some other Ministers whom the forementioned Acts did not reach removed out of some of the chief cities Brevi manu without any processe There are some wayes devised how moe of these might be removed with some colour or pretext therefore some Six or Seven were called before the Parliament at their second session and because they refused to take the oath which was tendered they were sentenced with banishment by act of Parliament ordained to remove off the Kingdome so soon as his Maj. commissioner should signify his minde the reanent But this sentence was not put in execution possibly because they saw an inconsistencie betuixt this deed an Act which they had made the former year in their first session By which all such as refuised to take that oath were to be uncapable of any publicke trust to be looked upon as persones disaffected to his Maj authority government this was all But in Decemb. 1662. The privy councell called some other Ministers before them tendered the oath unto them because of their refuiseing of the same they banished them out of all his Maj. dominions then gave them a bond to subscribe wherein they did binde themselves to remove out of all his Maj. dominions within a moneth not to returne under the paine of death otherwayes they would commit them to close imprisonment there keep them untill they had occasion to send them elswhere Whereupon these Ministers saw a necessity of subscribeing that bond of banishment Though it was very hard to binde themselves to remove within so short a time that in the midst of winter But strange it is that when the King himself by his oath at his coronation is bound to rule the land by the lawes and constitutions received therein This his councell which by the fundamentall lawes of the land as appeareth by the 12 Act of the 2 parliam of King Iames 4. whereby they are first established is to give his highness a true and essauld counsell in all matters concerning his Maj. and his realnie and to be responsall and accusable to the King and his estates of their counsell so is a judicatory subordinat unto the Parliament accountable to censur able by them would banish such as the lawes of the land did not account worthy of banishment whether they would do right if they should punish with death such a fault as by the Established lawes of the land deserved only to be punished by a fine or a summe of money let lawyers judge whether this be not an arbitrary illegall power which they have assumed any that considereth what is said the act 27. of the 2. Parliam of Char. 1. may judge possibly it was for this cause that they resuised to give an extract of their sentence although it was humbly craved But to clear what good grounds there were yet are for refuiseing to take that oath Let first the oath it self be considered compared with the former oath of alleagiance The oath now tendered is thus worded in the acts of this Parliament severall times I for testification of my faithfull obedience to my most gracious redoubted soveraigne Charles King of Great-Britaine france Irland c. affirme testify declare by this my solemne oath That I acknowledge my said soveraigne only supreme governour of this Kingdom over all persones in all causes that no forraigne prince power or state or person civill or â—…elesiasticke hath any jurisdiction power or superiority over the same and therefore do utterly reâ—…nce all forâ—…aigne power jurisdictions authorities shall at my out most power defend assist maintaine his Maj. jurisdiction foâ—…elaid against all deadly shall never decline his Maj. power jurisdiction as I shall answer to God This is the oath which they call the oath of alleagiance but is indeed very far different therefrom as will easily appear to any who will compare the same with that oath of alleagiance which King Iames treateth of in his dialogue
Prins Soveraigne power of Parliaments c. Where the matter is fully cleared both in poynt of law conscience which was published by order of Parliament and a book intituled de jure Magistratus insubditos Trochreg's commentary on the Ephesians where he will finde this question prudently judiciously and satisfactorily handled from pag. 911. to 925. Thus in some measure is this Ninth particular cleared the Iawfulnesse of Scotland's defensive warre clearly showne hereby the unlawfulnesse of swearing any oath which might have imported a condemning of that warre is also demonstrated By what hath been said to this Ninth particular the Tenth last is likewise cleared viz. The lawfulnesse of Scotland their seizing upon the Castles within themselves For if it be lawfull for a land to defend themselves to use resistence by armes in their own necessary defence It is also lawfull for them to seize upon such castles strengths as may prove a fit necessary meane of defence It is lawfull to possesse these keep them out against the enemies of the countrey who if they had them would make use of them for the destruction of the land for the subversion of Religion Lives liberties What ever law will allow of self defence will also allow the use of all fit meanes for that end For the end includeth the meanes leading to the end Moreover these Castles Fortifications were originally appointed for the saifty security of the Kingdome of none else therefore at the learge treaty it is concluded in answer to the second demand That the Castle of Edinburgh and other strengths of the Kingdome should with the advice of the Estates of the Parliament according to their first fundation be fournished and used for defence and security of the Kingdom So that hereby the King approved of all which was done in this businesse before acknowledged that according to their first fundation they were for the Kingdom 's advantage It is true these Castles were annexed to the Crown Parl. 11. Act 41. King Iames 11. but that was done to guaird against the poverty of the real me for all that the King might not give them away in fee or heritage nor in franck tenement without the advice deliverance decreet of the whole Parliament And for great soon reasonable causes of the realme otherwise any alienation or disposition was to be of no avail And it was enacted that the Kings of Scotland should be sworne at their coronation to keep his statute in all points Act 9. Parl. 9. king Iam. 6. sayeth that These Castles are for the welfare of the realme as well as for his Maj. behoofe so Act. 125. Parl. 7. K. Iam. 6. The Castles are called the keyes of the realme So though the King hath the custody command of them yet it is alwayes in order to the right end that is for the saifty good of the countrey if he should make use of them for the ruine destruction of the countrey they should be abused might lawfully be taken out of his hand converted to the right use as when a father turning mad will kill his children with a sword the children may lawfully take the sword from him with which he was bound to defend them against the common enemy make use of it in their own defence Castles fortifications are not the King's patrimony but belong to him as King Governour of the land so that he is to make no use of them but for the countreyes good he cannot dispone sell them as he may do other things that belong to his patrimony Therefore Scotl. cannot be blamed for seizing on these for their own saifty seing this is their native end the only thing they were ordained for Nor can any be blamed for refuseing that oath which would have imported a condemning of this lawfull necessary deed Thus reader thou hast shortly laid before thee a hint of what clear grounds there were of stumbling at the taking of this oath as to the very civil part thereof seing this civil supremacy is must be the same with his perogative his prerogative is such as hath been showne A difference betuixt the supremacy the prerogative is not imaginable unlesse it be this that the supremacy is more comprehensive taketh in all the prerogative something more yea by some posteriour acts they are made of one the same latitude as in the act for the national Synod the setling of the external government of the church is said to belong to his Maj. as an inherent right of the crown how by vertue of his prerogative royall and supreme authority so that his prerogative royall supreme authority are made one if they be one as to ecclesiastical matters much more must they be one the same as to civill matters more clearly in the King's commission for the heigh commission where it is said His Maj. by vertue of his royall prerogative in all causes and over all persons etc so that any may see that his supremacy over all causes is one the same thing with his prerogative Moreover this is certane that who soever do acknowledge recognosce the King 's power supremacy in all causes and over all persons do acknowledge recognosce all that which they say agreeth to him as King and who soever do acknowledge recognosce this do acknowledge recognosce his royall prerogatives for his royall prerogatives are such things as agree to him as King because they are annexed to the crown as they say It is true in their 11 act of parl the acknowledgment of his Maj. prerogative is mentioned beside the oath of alleagiance But that will nor make them to differ so far yea the acknowledgment of his Maj. prerogative is but explicatory of a part of that supremacy mentioned in the oath of alleagiance So that his prerogative over parliaments over their actions over all other subjects is but a part of that supremacy which they say he hath over all persons in all causes So in the oath for asserting his majesties prerogative defensive armes the Kingdomes entering in a league with England all their proceedings in the work of reformation are condemned this cannot be denyed though there be an expresse oath afterward conceived of purpose for that end viz the declaration set forth â—…ept 2. 1662. SECTION XII The meaning of the oath of Alleagiance as to its ecclesiastick part opened some reasons why upon that account it could not be taken THe civil part of this oath of alleagiance being thus spoken to in the next place the ecclesiastick part must be handled when this is but explained reasons without much difficulty will appear why as to that part of it it could not then nor as yet can in conscience be subscribed unto In this part as in the other the sense
which the tenderers thereof do put upon it must be searched sought for out of their acts for though it could have been wished both reason religion would have required it that after the example of Abraham they had made the oath as plaine easie as might be so that the sense meaning of it had been obvious to all or had annexed such a glosse meaneing as the words in ordinary construction would bear tender Christians might saifly assent unto yet there was no such thing done yea not being desired to do it would they do it yea nor would they suffer any to enquire at them in what sense they would have the oath taken yea which is more they made an act dischargeing all to offer any sense of the oath under the paine of treason So that there is no way now left to finde out the meaning of the oath as to this part but by their acts actings which when considered together with some other things usefull in this bussinesse will help to cleare the true sense thereof Three things then must be spoken to 1. The rise progresse of this bussinesse which is imported by this part of the oath viz the Kings supremacy over persons ecclesiastick in ecclesiastick causes in England 2. The rise progresse of it in Scotland 3. Some acts deeds of the King Parliament who now tender it As to the first of these It is notour enough what King Henry the Eight did when upon some privat discontents he shook off the Pop's supremacy Anno 1530. for having caught the Clergy in a Premunire for countenanceing some way or other the Pop's legat he would not be satisfied with their payment of 100000. lib unlesse also they would acknowledge him for the supreme head of the Church on earth which after some debate in their Synod both in the upper lower house of convocation was condescended to in forme as followeth cujus c. of which Church viz the Church of England we recognosce his Maj. to be the singular protectour the only supreme Lord so far as Christ's lawes will permitt the supreme head This was subscribed unto by all put into their publicke acts or instruments presented to the King afterward Parl. 24. c. 12. upon this ground it was statuted ordained that all ecclesiasticall suites controversies should be determined within the Kingdom all appeals to Rome were prohibited and Parl. 25. c. 20. The manner of electing of Archbishops Bishops was altered that power given granted to the King and upon this same foundation Parl. 26. c. 1. it was declared that the King is supreme head of the Church of England that he should have all honours preheminences which were annexed unto that title after this there followed another act c. 3. for Tenths first fruits as appertaineing to that head-shipe supreme authority Hence also Anno 1532. The convocation submitting unto the King's Maj. promiseth in verbo sacerdotis That they would never from thence forth presume to attempt allaidge clame or put in ure enact promulge or execute any new canons constitutions ordinances provinciall or others or by whatsoever name they shall be called in the convocation unlesse the Kings most royall assent may to them be had to make promulge execute the same that his Maj. do give his most royall assent authority in that behalfe Which deed of theirs the Parliament did shortly thereafter ratifie in these termes That none of the said clergy from thence forth should presume to allaidge clame or put in ure any constitutions or ordinances provinciall or synodall or any other canons nor should enact promulge or execute any such canons constitutions or ordinances by whatsoever name or names they may be called in their convocations in time coming which alwayes shall be assembled by the Kings write unlesse the same clergy may have the kings most royall assent license to make promulge execute such canons constitutions ordinances provinicall synodall upon paine of evry one of the said clergy doing the contrary to this act thereof convicted to suffer imprisonment and make fine at the king's will 25. Parl. c. 19. So Parl. 35. c. 1. There was another oath devised ratified which was to be imposed upon the subject for the more clear asserting of the King's supremacy By these Particulars any may see that Peter Martyr had good ground to say as he doth on 1. Sam. 8. That King Henry took all that power to himself which the Pope challenged atque hoâ—… fortasse est quod Rex Angliae voluit se secundum Christum appellari caput ecclesiae putavit enim campâ—…testatem quam sibi Papa usur paverat suamesse in reguo suo ad se pertinere i. e he would there fore be called head of the Church next under Christ because he thought that all that power which the Pope did usurpe did belong to him within his own dominions and he had good ground to say that it was a proud title which gave much offence unto the godly Nor was it without reason that judicious Calvin did inveigh so much against that title in his commentary on Amos 7. saying qui juitio tantopere etc. i e. They who at the first did so much extoll Henry king of England were no doubt inconsider as men they gave unto him the supreme power over all and this did alwayes wound me They were blasphemous when they called him supreme head of the Church under Christ. So that Peter Heylyn must not be beleeved when he telleth the world in his discourse of the reformation of the Church of England pag. 13. That thâ—…se statuts which concerne the kings supremacy are not introductory of any new right that was not in the crown before but only declaratory of an old againe pag. 48. 49. That when the supremacy was recognized by the Clergy in their convocation to king Henry 8. It was only the restoreing of him to his propper and originall power invaded by the popes of these later ages for that title of supreme head not only seemed to have some what in it of an innovation as himself is forced to acknowledge in the following words but really had an innovation in it of no small consequence as shall appeare But this title of supreme head gave offence both at home abroad therefore Queen Elizabeth did change it into this of supreme governour over all persons as well in all causes ecclesiastick as civill in these tearms it was keeped is to this day But all this change did not much help the matter for many were offended even there at and what wonder seing it seemed to attribute to her Maj. no lesse spirituall jurisdiction power then what the former oath did importe Whereupon the Queen in the first year of her reigne after the Parliament had condescended on the forementioned oath published an
scruple now at the taking of that oath let wise men judge Next as to the rise of this power over the Church the occasion of this oath in Scotland seing it may sufficiently be gathered from the short historical narration of the government of the Church set down Sect. 1. a short recapitulation will be sufficient here In the confession of faith which was ratified approved by the Parliament Anno 1560. againe ratified insert in the records Anno 1567 cap. 25. the power in Church matters which is there given unto the civil Magistrat is in these words That to them chiefly and most principally appertaineth the conservation purgation of religion and they are appoynted for the maintenance of the true religion and for suppressing of idolaâ—…ry and superstition in that same Parl. An. 1567 Act 2. there is an act which was made Anno 1560. ratified ordaineing that the â—…ishop of Rome called the Pope have no jurisdiction or authority within this realme and that none of his Maj. subjects suite or desire title or right of the said Bishop of Rome or his sect to any thing within his realme under the paine of banishment c. and that no Bishop use any jurisdiction in time coming by the said Bishop of Romes authority under the paine forsaid whereby the Popes authority was quite rejected not only in civil matters but in Church matters yet there is no expresse word of the Kings being invested with any such power Anno 1568. There was one Thomas Bassenden Printer in Edinburgh who did printe a book intituled the fall of the Roman Church and in that book the King was called the supreme head of the Church This gave great offence moved the generall assembly to cause call in these books to delete that title of the Kings But all this did not preserve the Church from incroachments for when Montgom pretended Archb. of Glasgow was proceeded against the king summoned the whole synod of Lothian before him afterward when this same Mr Montgomery was summoned before the Nationall Assembly there came a Messinger of armes from his Maj. to discharge the Assembly under the paine of rebellion of puting of them to the horne to proceed any furder whereupon the assembly did complaine of this incroachment April 27 Anno 1580. as such the like whereof had never been made before But this availed not for Mr Balcanquell Mr Dury were summoned before the Councell for some freedome which they had used in preaching Of this the Assembly did complaine againe which occasioned a conference betwixt the King some Ministers the result whereof was That in all time coming the tryal of Ministers doctrine should be referred to Church Iudicatories as the only competent Iudge But this was soon forgotten for Anno 1581. Mr Balcanquell was againe accused the privileges of the Church were incroached upon which did put the Church to supplicat Anno 1582. complaine that His Maj. by advice of some consellours was about to take the spirituall Power authority upon himself propperly belonging unto Christ as the King head of his church of the ministery the execution thereof unto such as bear office in ecclesiasticall government so that in his person some men presse to erect a new Popedome as if his Maj. could not be full King head of the commonwealth unlesse the spirituall as well as the temporall power should be put into his hand unlesse Christ be bereft of his authority the two jurisdictions confounded which God hath divided which tendeth directly to the wrecke of all true relig it their next assembly there was an article drawn up to be presented unto his Maj. to this affect That seing the jurisdiction of the Church was granted by God the Father through our Mediator JESUS CHRIST given to those only who by preaching overseeing bear office within the same to be exercised not by the injunctions of men but by the only rule of God's Word That an Act of Parliament concerning the liberty jurisdiction of the Church be so plainely declared that hereafter none other under whatsoever pretence have any colour to ascribe or take upon them any part thereof in placeing or displaceing of Ministers of God's Word in spirituall livings or offices without the Churches admission or in stopping the mouthes of preachers or taking upon them the judgment or tryall of doctrine or of hindering or disannulling the censures of the Church or exeeming any offendour there from By the endeavours of these faithfull worthies any may see what a Spirit was stirring then when the King would assume to himself spirituall power authority so rob Christ of that which belongeth to him as King head of the Church make himself a Pope the fountaine of all power jurisdiction both civill ecclesiastick challenge power to give commission for deposeing ordaineing of Ministers hinder free preaching to try censure doctrine to anull all Church censures as he pleased This was the Spirit that was then stirring at court this is the supremacy to the life this was it which court parasites said did belong unto the crown let the Church say do to the contrary what she could Hence a little after this Mr Melvin was accused for his sermon after he had declined the King his Councell as incompetent judges in that cause was forced to withdraw to Berwick for fear of his life Anno 1584. The Parliament which was suddainely convocated did put the copestone upon this bussinesse gave the King in forme what he had assumed to himself formerly upon the matter in their very first Act give him Royal power and authority over all Estates as well spiritual as temporal within the realme And Statute and ordaine that he and his heires or successours be themselves and their Councels in all time coming judges competent to all persones of whatsoever Estate degree function 〈◊〉 condition they be of spiritual or temporal in all matters that none decline their judgement in the premisses under the paine of treason From this supremacy flowed the impowering of Bishops with Church jurisdiction as commissioners from the King so that when the King wrote unto a Prelat he stilled him Our beloved Clerck Commissioner in Ecclesiastical causes So that by this supremacy the power of Church jurisdiction was made propper to the King the exercise thereof was committed by him to whom he would After this blast was something blown over Anno 1592. Papists others at court stirr up his Maj. against the government of the Church so that when the commissioners of the Generall Assembly had met had sent some of their number to shew the King what offence was taken at his calling home the Popish Lords he was offended asked how they durst meet without his warrâ—…nd But Mr Andrew Melvin answered That there were two Kings two
fit necessary it is for the honour service of almighty God the good quyet of the Church the better government thereof in unity order That there be a National Synod Assembly duely constitut within this kingdome Hath therefore appoynted declared by these presents appoynts declares That there shall be a National Synod of the Church of Scotland And that this Synod for the lawfull members thereof shall consist be constituted of the Archbishops of St Andrews Glasgow the remanent Bishops of these two Provinces of all Deanes of cathedrall Churches Archdeacons of all the moderators of meetings for exercise allowed by the Bishops of the respective dioeceses of one Presbyter or Minister of each meeting to be chosen elected by the moderator plurality of the Presbyters of the same And of one or two from the University of St Andrews one from Glasgow one from the King's colledge one from Marshells colledge of Aberdeen one from Edinburgh And this Synod thus constitut is to meet at such times in such places as his Maj. by his proclamation shall appoynt And is to debate treat consider consult conclude determine upon such pious matters causes things concerning the doctrine worship discipline governement of this Church as his Maj. under his Royal hand shall deliver or cause be delivered to the Archbishop of St Andrews president of the said Nationall Assembly to be by him offered to their consideration The Estates of Parliament do humbly recognosce acknowledge his Maj. Royall power prerogative afore said with the piety justice prudence of his Maj. resolution therein Like as his Maj. with their advice consent doth hereby establish ratify confirme this constitution of a Nationall Assembly as the lawfull constitution of the Nationall Synods Assemblies of this Church His Maj. or his Commissioner without whose presence no Nationall Synod can be keeped being alwayes present declareth that no Act canon order or ordinance shall be owned as an ordinance of the Nationall Synod of the Church of Scotland so as to be of any effect force or validitie in law to be observed keeped by the Archbishops Bishops the inferiour Clergy all other persons within the realme as far as lawfully being members of this Nationall Church it doth concerne them but that which shall be considered consulted agreed upon by the president major part of the members above specified It is alwayes hereby provided that nothing be enacted or put in execution by authority of a Nationall Synod within this Kingdome which shall be contrary to his Maj. Royall prerogative or to the lawes of the Kingdom that no act matter or cause be debated consulted concluded upon but what shall be allowed approved confirmed by his Maj. or his Commissioner present at the said Nationall Synod In which Act these things are remarkable 1. That Church Assemblies may not meet without his warrand 2. The King or his Commissioner are essentiall constituent members thereof 3. That the King hath power to appoynt the very constituent members of the Synod 4. Ruleing elders are excluded out of Church judicatories 5 That the constant moderator hath a more then ordinary voice in the exercise for the member to be chosen there must be elected by him the major part of the rest 6. Nothing can be agreed upon without the consent of the Archbishop of St Andrews thus he hath a negative voice 7. Nothing must be debated either concerning doctrine worshipe discipline or government but what his Maj. pleaseth 8. Nothing must be concluded but what his Maj. or his commissioner doth approve confirme 9 All this is founded on his supremacy 10. And his supreme authority over all persones in all causes his prerogative royall are declared to be all one 5. There is another commission granted for the heigh commission a part whereof followeth Our Soveraigne Lord ordaines a commission to be passed exped under his Maj. great seall of the Kingdome of Scotland making mention That in consideration of the multiplicity weight of Church affaires of the Estate incumbent upon the Lords of privy councell so as they cannot attaine the due execution of the lawes to the effect that the disorders contempt of authority may be timeously suppressed His Maj. by vertue of his prerogative in all causes over all persons as well ecclesiastike as civill has given granted like as his Maj. by the tenor hereof giveth granteth full power commission to the Archbishop of St Andrews The Lord chancellour L. treasurer archbishop of Glasgow Duk Hamilton Marques of Monâ—…se c. or any five of them an Archbishop or Bishop being one of the number To summon and call before them all contemners of the discipline of the Church for that cause suspend deprive and excommunicat all keepers of conventicles c. to appoynt ministers to be censured by suspension and deposition and punished by fineing confineing and incarcerating them and all other persons who shell be found transgressours as aforesaid c. Out of this Act these things are remarkable 1. Here is a mixed court made up of Church men civill men 2. A court medling both with civil ecclesiastick punishments for they have power of deposeing excommunicating fineing and imprisoneing 3. A court founded upon his Maj. prerogative in all causes over all persons as wel ecclesiasticke as civil 4. An Archbishop or Bishop is sâ—…e quo non one of those with four others may do all themselves By what is said something of the meaning of this oath according to their sense who tender it may be discovered the bussinesse being so clear much time needeth not be spent in handling that long tedious controversie concerning the Magistrats power in Church matters Onely a hint at some few things as reasons why this oath thus tendered explained could not be taken will be sufficient 1. By this meanes they should upon the matter have affirmed that the King was head of the Church for it is clear that he assumeth to himself power of appoynting new officers in Christ's house new courts judicatures which Christ did never appoynt of committing Church power to whom he will of appoynting what forme of Government in the Church he thinketh fit modelling the constitution of Church idicatories appoynting who shall be members who not who members siue quibus non of limiting the bounds of their procedour by appoynting what they shall treat of what not of puting life in their canons constitutions c. Thus all Church power shall flow from him he shall become the head of the Church under Christ the same way that he is head of the commonwealth under God And indeed the prelate their creatures are not ashamed in their publick prayers to stile the King head of the Church Now could any faithfull
dayes of their life And among other things referred to the determination of the Generall assembly this concerning the civil places power of Kirk men was one And accordingly the Generall Assembly did determine act sess 25 Decemb. 19. 1638. That it was both inexpedient unlawfull for pastors separated unto the Gospell to brook civil places offices the next day there was an act made for subscribing of the covenant accord ing to this determination for say they it is found by the confession of faith that the five articles of Perth and the civil places and power of Kirkmen are declared to be unlawfull The assembly alloweth and approveth of the same in all heads and articles thereof and ordaineth that all ministers masters of universities colleges schoolâ—… and all others who have not already subscribed the said confession and covenant shall subscribe the same with these words prefixed to the subscription viz. The article of this covenant which was at the first subscription referred to the determination of the Gen. assembly being now determined at Glasgow in Dec. 1638. And thereby-the civill places power of Kirkmen being declared to be unlawfull We subscribe according to the determination of the same free lawfull generall assembly So that it is most clear that none can owne this judicature without the breach of this covenant so explained because they cannot acknowledge this judicature but withall they must acknowledge the civil power places of Kirkmen It will be objected That the Commissioners of that court and particularly the prelats may be owned as his Maj. Commissioners so it will be lawfull enough to compear be fore them Ans. If they be looked on as his Maj. Commissioners Then either as his commissioners in spirituall matters or in civill matters If as his commissioners in Church matters then no Minister or Christian could owne them as cloathed with such a power because his Maj. hath no such power from God therefore they can have no power from him by vertue of this Commission moreover compearing before them under that notion as having power of Church censuras by vertue of a commission from the King is an acknowledging of such a power in the King which is contrary to truth as is showne above If as his commissioners in matters civil then Church men should be owned as having civil power which were contrary to the clear word of Christ to the expresse determination of the Assembly also contrary unto the nationall covenant But it will be objected in the next place That upon the same ground no man might lawfully compear before the High court of Parliament because prelats are now made constituent members thereof so compearing before them would be an acknowledging of the lawfulnesse of the Church men their having civil places power Ans. It is true they may do nothing that may be an approving of their having civil places civil power therefore thâ—…ough they might not decline the court of Parliament in a civil businesse yet at their first compearance they would be necessitated to declare that they do not acknowledge nor approve of Church men their having civill places and power to protest that by their compearance before the High court of Parliament they might not be looked upon as approving thereof which protestation might in this case salve the conscience but no wayes in the other case of appearing before the High commission that because the Parliament is a full compleat court without the prelats so that though they were laid aside the Parliament would be a Parliament still but without the prelats the high Commission is no court for one of them at least is sine quo non so that lay these all aside you have no high commission courtâ—… therefore they being essentiall members of the court it is impossible to compear protest that in compearing you do not acknowledge their civil power without a self contradiction for in your protestation you have them virtually laid by as no constituent members if they be no constituent members there is no court yet your compearance sayeth that they are a court so it would be a palpable contradiction to protest against these as no constituent members yet stand before them answere as before a court But as to the Parliament the case is far different for when the prelats are there laid aside there is a full compleet court remaineing before which you may stand answere for your selfe the Parliament hath been may be a full compleat Parliament without prelats but the high commission never was a court without prelats may be a court with full power authority when there are no other constituent members beside prelats Some may object in the third place say This High commission court doth not meddle with Church censures therefore cannot be looked on as a Church judicature meddleing with Church causes Church censures but is only a civil court medleing with civil causes viz. the putting of the Acts of parliament to execution Ans. 1. Though this were granted Yet there is ground enough of scrupleing at the owneing of the same as may be seen in the 4 7 9 10 11. reasons formerly adduced But. 2. It is not very materiall to consider either how little or how much of their power they do put unto execution but the maine thing is to see what power they may exerce Now the best way to finde out this is to look to their commission which will abundantly cleare us in this Their commission sheweth how far their power doth reach or what actions or causes fall within the compasse of their power And by this we can best take up the nature of the judicature So that if their commission give them power to suspende depose excommunicate every one must look upon them as a judicature having that power whether they should alwayes or never exerce it And that their commission granteth to them this power will not be denyed by any who hath ever seen the same And that part of it which was cited doth cleare it suffeciently And therefore it is a mixed judicature being as well Ecclesiastick as civil If it be replyed That properly they have no power of suspending deposeing excommunicating immediatly But the meaneing is they are to cause the respective Church judicatures to suspende depose excommunicate for the Act or commission containeing their power sayeth they have power to appoynt ministers to be censured by suspension or depâ—…ion It is Answered 1. They have power to appoynt Ministers to be censured by suspension or deposition the same way that they have power to appoynt them others to be punished by fineing confineing committing incarcerating but this power they execute not by putting other civil judicatures to do it but they themselves immediatly do it therefore so have they power granted to them to do the other immediatly
the ground of the answere is clear from the very words of the commission which putteth no difference betuixt the way of their appoynting Ministers to be suspended or deposed the way of their appoynting others to be fined confined or incarcerated we must not distinguish where we have no ground And therefore it is said more clearly in the former part of the commission that they have power for the causes specified to suspend deprive excemmunicate these words make the matter as clear as can be 2. This coâ—…t is raised of purpose to put the Acts of Parliament in execution immediatly for so sayeth the commission it self That they are to â—…se their outmost endeavour that the Acts of Parliament and councell â—…or the peace and order of the Church c. 〈◊〉 put in vigour and in impartiall execution Now as for this end they immediatly execute the lawes for fineing confineing c. So have they power also immediatly to execute these lawes that are for suspending deposeing of Ministers 3. The end why this court was erected sheweth further that it is in part a Church judicature For it was erected to keep the peace order of the Church the governement thereof by Archbishops Bishops to punish such as presume to violat contemne disobey the Ecclesiastick authority 4. That which doth put the matter yet more out of doubt is the Basis or ground on which this High commission is reared up viz. his Maj. prerogative royall in all causes and over all persones as well Ecclesiastick as civil Now if they looked upon this court only as a civil court haveing power to meddle only with civil punishments his prerogative royall in causes civil had been a sufficient Basis for this Therefore the expresse mentioning of his prerogative royall in causes Ecclesiastick putteth it beyond all debate that they have proper Church power granted unto them so may immediatly depose suspend c. In the last place Some may object against the arguments brought from the unlawfulnesse of Church men their taking upon them civil places And say That though they will prove it unlawfull now for Ministers to take upon them such places Yet they will not prove it unlawfull for any to compeaâ—… before them when instaled in those places More then it can be unlawfull to come before a judge who possiblie hath come'â—… to the place by unlawfull indirect meanes that is his fault others are not concerned therein so here it is the prelates their fault to take upon them these places private persones are not so much concerned therein Ans. There is a vaste difference betwixt the prelates in this court other judges in other courts though comeing to these places by indirect meanes For. 1. These other courts places of judicature are unquestionably lawfull But the High commission is not a court so unquestionably lawfull 2. Other courts are not affected in the poynt of lawfulnesse or unlawfulnesse by the quality of the persones But it is otherwise here in the High commission the very lawfulnesse of the court is questioned upon the account of the prelats being members thereof sine quibâ—…s non 3. These vices or indirect meanes used by others for attaineing of such or such a place in a judicature are for â—…he most partsecrete not clear undeyable or obvious unto all But that which is objected against the prelats is notour to all who read the gospell where they are expresly discharged by Christ to meddle in such a manner with any civil place or power so 4. That which is objected against the prelates is such a thing as affecteth the very person incapacitateth him for the place but in the other cases instanced these vices affect only the manner of entry but do not incapacitate the person a man may be one fit enough for such or such a place in a judicature as to be a judge or a justice of peace or thelike though he use indirect meanes to come by the place but the prelats as prelats if so be they will be accounted Church officers because they are Church men are uncapable of such a place therefore though it will not be unlawfull to acknowledge a judicature unquestionablie lawfull notwithstanding of some secret corruption in the entry ofhim who is in possession of the place Yet it will be unlawfull to acknowledge a judicature in it selfquestionable at best whether lawfull or not when such persones are made constituent members thereof yea members sine quibus non that by the expresse law of Christ are uncapable ofsuch a place and the acknowledging of this judicature cannot but be an approveing of that corruption Because the very acknowledging of the judicature sayeth that the persons who are constituent members thereof are really legally capable of the place as the compearing before acknowledging of a court made up of mere civil persons having power to try ordaine rebuke depose or excommunicate Ministers should be 〈◊〉 acknowledgeing of civil persons their having Church power contrare to the lawes of the gospell Therefore the arguments brought from the unlawfulnesse of Church men taking upon them civil places are still in force By those particulars It is abundantly clear that that high commission court is a most sinfull court even as to it's constitution how dangerous it is to compear before it upon any account without a declinature how it is saifest to with draw escape the snare that is laid there for catching of unwarry souls ere they be aware See the learned Voetius pol. eccles pag. 214. quaest 2. 216. quast 3 SECTION XX. The dreadfulness of the sin of covenant breaking particularly of abjureing the nationall Covenant the solemne league Covenant manifested MAny sad particulars have been mentioned which may occasion grief sorrow unto all the people of God yet there is one other which putteth on the copestone may deservedly make that land a gazeing-stock a hissing unto all nations round about who may stand astonished wonder what is become of Covenanted Scotland For it was not enough for the Parliament to condemne the Covenants which were solemnely sworne subscribed by Parliament at their command by all ranckes of people in the land by the King himself as was showne in the 2. Section But they formed a declaration Septembr 5. 1662. which they ordained to be subscribed by all officers of state members of Parliament privy councellers Lords of Session Commissioners in the exchequer members of the college of justice Sheriffs Stewards or commissaries their deputies and clerkes Magistrats and councells of Brughs justices of peace and their clerks or any other who have publick charge office and trust within the Kingdom And by the subscribeing of this declaration they promise as followeth I do sincerly affirme and declare that I judge it unlawfull to subjects upon pretence of reformation or any other pretence
Printed records They declare that in their undertakings they should preferre no earthly consideration to their dutâ—…es for preserving of religion in Scotland in doctrine worshipe discipline government as it is already established to endeavvour to setle it in England Ireland according to the Covenant also in their answere to some committees of Shires they declare that they had nothing before their eyes in that undertaking but the preservation good of religion the endeavouring the setling of it in England Ireland according to the Covenant in the first place before all worldly respects his Maj. rescue from â—…his base imprisonment his re-establishment upon his throne in all his just powers the saiftie of this Kingdome from danger on all hands the preservation of the union brotherly correspondence betwixt the Kingdomes under the governement of his Maj. of his royall posterity according to the Covenant So that the gentleman the author of this pamphlet publisheth his mistakes to the world when he would inferre thus was this right that where our alleagiance binds us to duty to a greater latitude this should be held out to people as the only standard of their loyally duty to the King Was it found Doctrine to insinuat to the sense of intelligent men that we were not otherwise bound to defend him Was it well by such a clause to give occasion to wicked men to think they were no furder obliged to him then he should desend that which they accounted religion And that the folly of his consequencesmay furder appear it would be considered that there is a clear difference betwixt these two Owneing of the King defending his authority never but when he is actually owneing active for the cause interest of Christ And owneing of the King defending his authority alwayes but when he is in actuall opposition in a stated contradiction to the work interest of Christ So is there a difference betwixt these two Non-concurrence in defending promoveing of the King's authority when he is opposeing the work of God And actuall anulling diminishing or utter overthrowing of his power authority when he is so stated And so when the Covenanters say That they are not bound to contribute their power in their places capacities to promove or defend his Maj. power authority when he is in a stated opposition to the work of God when the advanceing of him to his full power authority would cetanely tend to the ruine desruction of the cause people of God yet they do not say that they are never bound to defend him but when he is actually promoveing advanceing the work of God according to his full power place Nor do they say that when he opposeth the work of God they are at liberty to destroy his person or to spoile rob him of all his just power authority And therefore both that clause in the Covenant their proceedings may be abundantly justified without laying down any ground for the taking away of the late King's life without clashing with or contradicting the confessions of protestant Churches or of their owne soâ—… still they acknowledge that difference in Religion doth not make void the Magistrat's just legall Authority not free the people from subjection But that this may be a little more clear let this example be considered A Father turneth phrenticke mad seeketh to destroy the whole family calling for a sword liberty to execute his cruelty His sones rise up binde his hands withhold the sword from him withall sweare to stand together in their own defence to defend their Father's just right power in the defence of the family Now in this case can any say that they were undutifull children or that their covenanting so adding that clause in the Covenant sayeth they were free to cast off the relation that is betwixt him them except he guide the family in all poynts as they would have him doing No in no wayes Here then it is clear that their refuseing to put the sword in their Father's hand while under this distemper is no act of undutifulnesse It is no lessening of the Father's just power over the family nor doth it say that they thinke themselves not bound to owne him as a Father except when he is actively promoveing the good of the family far lesse doth it say that they think because of this distemper they may destroy him or that the relation betwixt them him is broken up for ever So then though this Advocat thought he had a faire sield to walk upon a faire occasion to vent his anger against that Church to make her odious to all Churches about yet wise men who easily see that there is no such strong relation betwixt King subjects as betwixt Parents Children will acknowledge that his ranting is without reall ground And that Scotland in their treaties with the King at the Hage at Breda in their actions at home did nothing but what they may hold up their faces for both before God Man doing nothing herein which either contradicteth their own confession of faith or the confession of faith of other Churches Not their own confession of faith For if the large confession of faith be viewed which was approved by the Parliament insert in their registres In that head of the civill Magistrate these words shall be found We confesse and avow that such at resist the supreme power doing that thing which appertaineth to his charge do resist God's ordinance and therefore cannot be guiltlesse furder we affirme that whosoever deny unto them their aide counsell and comfort whiles the Princes and rulers vigilantly travell in execution of their office that the same men deny their help support and counsell to God who by the presence of his lifetenant doth crave it of them So that all the resisting which is there condemned is resisting of him while doing his duty executing his office not while he is seaking to destroy Religion the interests of Christ. Nor the confession of other Churches for in the former confession of Helvetia upon that head of the civill Magistrate they say as it is in the English edition We know that though we be free we ought wholly in a true faith holily to submit ourselves to the Magistrate both with our body and with all our goods and endeavour of minde also to performe faithfulnesse and the oath which we made to him so far forth N. B. as his government is not evidently repugnant to him for whose sake we do reverence the Magistrate So the French in their confession Art 40. say 〈◊〉 must willingly suffer the yocke of subjection although the Magistrats be infidels so that N. B. the soveraigne Authority of God do remaine whole and entire and nothing diminished And which is worth the noticeing the practice of
who sometime could not only have beene a member but a president of any judicatory in Europe have spoken for the cause interest of Christ before Kings to the stopping of the mouths of gainsayers He was triumphed over particularly by the Archprelat Sharp who then with the black crue of his false brotherhood did sit in Parliament as constituting the third Estate And was condemned to die in the manner abovementioned So that that Parliament which was consecrated with the blood of two Noble witnesses in the entry was shut up and closed with the blood death of this worthy witnesse But which is to be remembered with admiration behold this half dead man when the day of his death came had a wonderfull reviving was beyond the expectation of all graciously visited mightyly assisted of God hearing the many prayers of his people put up in his behalf So as hee gave a noble testimony to that honourable cause worke In carrying on of which he had been honoured of God to be a worthy instrument from the beginning And Christ triumphed in him over all his enemies that watched for his halting as the reader may see by his speech carriage on the scaffold set down in Print But he may have hereafter more full satisfaction both concerning him the Noble Marquis of Argile famous Mr Guthry when the world shall see their Processes their defences in Print or when these following sheets shall be reprinted if that shall be thought expedient necessary not only for these now mentioned particulars but also for further explaineing confirming vindicating of any or all of the rest of the purposes here spoken to after fuller information had in those particulars Till then let the reader rest satisfied with the hints that are given here in the following sheets of the case carriage of those worthies pardone what is spoken short unsuitable to their worth As to those who have appeared before the High commission court induced thereto by the evil counsell of some others or the not thorow narrow examination of the complex-case as circumstantiated or being otherwayes circumvented And are now suffering upon some other account wherein they found more clearness satisfaction And as to others also who have not fully seen the evill of some things which in the following debate are clearly demonstrated to be sinfull yet as to other particulars are endeavouring to keep their former integrity to guaird against complyance Let none of those think that any thing here is said intentionally to put them to shame or to proclame before the world their weakness defection or to make glad the heart of the wicked for if there had been any other way for vindicating such as doe suffer upon the account of these particulars and for preventing the fall of others into the same snare this way had never been made choise of therefore seeing nothing is said upon any sinfull or sinister designe these brethren Christians will take this smiting as a Kindness these reproofs as an excellent oyle that will not break the head They will not take in evil part the discovery here made They are of another spiâ—…it then to be embittered at such free full â—…iping up of the evils of the course which many in this houâ—…e of darkness do follow Yea it cannot but be hoped certainly expected that such as truely feare the Lord will blesse his name with all their heart for such things made known to them that in time they may repent of the same see cause of wondering at his goodness mercy in not leaving them to themselves in other particulars of tryall notwithstanding of their sailing of duty in that their begun tryall And who knoweth but serious mourning and repenting before the Lord for fainting so far would open a doore for a great in-come of joy and consolation to the sweetning of the bitterness of suffering to the strengthning and bearing up of their soules under their mighty pressures So then the designe both Operantis Operis being good let no tender Christian be displeased with the way of the prosâ—…cution of these particulars or think that there is too much sharpness used that the consequences are drawn too strait For if in the Particulars themselves truth be maintained as may be supposed will be granted the arguments made use of can give no just offence especially such as are drawn from the Covenants which now are trampled upon by this sinfull backslyding Generation upon which many otherwise not ill minded think not much especially now when it is reckoned a crime once to name them as standing in force obligeing the lands And when the Spirit of these who carry on with violence this woefull course of defection are so enraged at the same that they cannot endure to heare a Covenant so much as named though it were even the Covenant of grace This however incredibleiâ—… may seeme to be will hardly be received by a Christian eare is a well known truth Now at such a time to put people in minde of their ingagements unto God to discover how such such practises are contrary to their Covenant obligations vowes cannot justly be condemned but approved of all who desire to stand fast in this houre of temptation It is beyond all question the Particulars here asserted shall meet with much contradiction from men of corrupt mindes whose principles will lead them to oppose what here is spoken in vindication of truth of the honest sufferers of Christ And upon that account it may be expected that the same honour shall be done to this which hath been done to other more worthy pieces viz. that it shall be committed to the fire there to receive a quick dispatch answer which will be so far from lessening the credit of the booke that it will render it much more desireable confirme the weake concerning the truth of the Particulars here spoken to of the unanswerableness of the arguments here made use of so the authors expectations shall be fully answered But if they shall doe it the justice to commit it to examiners one or moâ—… who with sobriety moderation shall publish their exceptions to the contrary shall examine these papers by the word of God right reason the fundamentall municipall lawes of Scotland the particulars here spoken to shall be revindicated The Lord granting life strength liberty from all their exceptions Only let not such as undertake this taske improve the advantage of authority now on their side so far as to doe nothing but raile at randome stuff their reply with unbeseeming to say no worse And Unchristian expressions outcries of treason treason for in that case it will be thought expedient not to answer such in their folly A good cause is a mighty second to a weak man And so being perswaded that the cause is
reason they ought to be if he be King head of his Church He must have no more liberty to exerce his jurisdiction by the Ministery of his inferiour officers within their dominions territories then seemeth good in their eyes The discipline of his house must be exerced only in so far as they think good to permit And thus it is undeny able that they look on Christ as an evil neighbour as no good friend to Caesar They think his Kingdom is of this world therefore it must have no place within any of their Kingdomes territories Thus thou seest that in end the controversy cometh to this Whether Christ or man shall reigne in the Church as head supream Governour thereof And whether the interest of Christ or of man shall be preferred And to preferre the interest of a man unto the interest of Christ hath heretofore been accounted malignancy of the deepest dye But what shall become of this controversie how shall it end Are they or shall they be able to put our Lord from his throne out of his possession No he is set upon the holy hill Zion by a mighty hand his inheritance among the heathen is given to him by a surer deed of gift then that he should be so easily put from it He hath a rod of yron that will dash in pieces as a potters vessel all his enemies be they never so great mighty He is too strong a party for all the potèntats mighty ones of the earth therefore this which is the grand controversy of those times shall must be decided in favours of those who stand upon Christ's side maintaine his right he is a strong captaine will run thorow all the hosts of his adversaries Christ's sufferers then may rejoyce what ever affliction they are or can be put to endure for this cause which is a cause that doth highly concerne Christ the royall prerogatives of his crown Kingdome his glory as he is the only head of â—…his Church seing they may certanely expect the victory â—…re all be done And seing as famous worthy Mr 〈◊〉 in the preface to his Aaronâ—… rode blossoming sheweth 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Christ is 〈◊〉 King hath a Kingdome 〈◊〉 in his Church distinct frâ—…m the Kingdoms of the world 〈◊〉 civil Governmeâ—… 〈◊〉 this commendation and 〈◊〉 â—…oue all â—…hen 〈◊〉 that Christ himself suffered 〈◊〉 the 〈◊〉 〈◊〉 and sealeâ—… it with his blood For it may be 〈◊〉 fâ—…om the 〈◊〉 of his passion that this was the only pâ—…nt of 〈◊〉 〈◊〉 was 〈◊〉 And avouched by 〈◊〉 〈◊〉 Joh. 18 33 36 37. and Luk. 23 3. was most aggravated prosecuted and driven home by the jewes Luk. 23 2. Joh. 19 v. 12 15. Was prevalent with Pilat as the cause condemning him to die Joh. 19 12 13. And was mentioned also in the superscription upon his crosse Joh 19 19. And although in reference to God and in respect of satisfaction made to divine justice for our sinnes his death was 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 a price of redemption yet in reference to men who did persecute accuse and condemne him his death was 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 a martyr's testimony sealing such a truth Thus he Christ is a good second will not suffer any who contend for his crown throne scepter privileges roy all prerogatives of his Kingdom to be put to the worse If he pleade for any cause we may be sure he will plead for his own Let not then his constant valient sufferers feare for greater is he who is with for them then they who are against them Christ alone is more then match party against all Kings princes potentats Parliaments popes prelats Kingdomes armyes Yea all the Posse of devils men Therefore they may be assured that he his cause shall be victorious For he must reigne untill all his enemies be made his foot stool 5. Thou mayest see That the truth for which thou dost suffer is a truth which is after godlinesse tending to the promoveing of piety of the power of godlinesse Whileas the contrary cause course leadeth to all prophanity debauchery as experience doth this day evidently undenyably prove this is no small ground of comfort for the way which is not of for God cannot stand You may pray against your adversaries as really wicked driveing on a designe of wickednesse which is evidently demonstrated by their acts actings Their enmity against opposition unto godly faithfull Zealous able conscientious Ministers of the Gospell unto Christian meetings exercises As also their pressing of Godly conscientious persons unto perjury blasphemy which is the height of wickednesse do put the matter beyond all doubt And is not this enough to make thy soull loath stand a loos from these wayes And to blesse God for his preserving thy soull from their counsels courses so from partaking of their judgments which doe certainly make haste For God is of purer eyes then to look upon iniquity Therefore he will not alwayes look on these that deal treacherously hold his peace when the wicked devoureth the man that is more righteous then he The Lord hath ordained them for judgment the mighty God hath established them for correction when Agâ—…silaus did hear that Tissaphâ—…rnes a captaine of Persia had broken his Covenant which he had made with him was raiseing an army to come against him he was very glade said se magnam habâ—…re gratiam Tissapherni quod perjurio suo deos homines sibs infensos reddidisset adversae vero parti propitios He thanked him heartily that by his perjury he had made both God man angry at himself favourable to him and his cause may not his people be perswaded that God iâ—… this day displeased with the Covenant breakers who are not satisfied with their own treacherous dealing perfidiousnesse but will have all others intangled in the same guilt 6. Thou mayest see that Action which is now so much branded with the vile contemptible names of treachery rebellion I mean Scotlands defending of it self against its bloody enemies cleared from all these imputations foule calumnies changes of times make many Changes in peoples judgement at this time it may be feared that many have Changed their opinion because they see the watter runing in another channell then it did formerly are now ready to condemne these noble worthies valient champions who jâ—…oparded their lives unto the death in the high places of the field have shed their blood in that cause which is a more grievous guilt then many do now apprehend But here thou seest how little cause there is for condemning that Action Yea what necessity there was laid upon Scoâ—…l to stand to their defence as they would not have betrayed the cause interest of Christ which they
the Lord would do how shoon he would appeare for his oppressed people interest declare that he hath chosen Ziou hath desired it for his habitation then clothe her priests with salvation cause her saints to shout aloud for joy The popish prelaticall malignant faction have been losers when they thought themselves gainers all their victoryes have proven hurtfull to their owne cause And who can tell but this day which they think they have gained and the victory whereof they think themselves so firmly and certanely possessed as that they shall never lose it againe may prove the most fatal day that ever they saw a victory tending to the everlasting ruine of their cause interest 11. Thou mayest see these Covenants against which in this degenerate age reproach cannot sufficiently be poured forth vindicated And the lands obliged Covenanted lands before the Lord what ever course hath been taken by higher powers to loose the obligation This Gordian Knot will not be gotten so easily loosed as some would imagine People may think to close their eyes then reason themselves out of the obligation ofa Covenant oath taken before the Lord so cast themselves at liberty But that will only wreeth the heavy yoke ofGods curse straiter about their neck It is no small matter of admiration to hear how basely many men do speak of these holy bonds sacred Covenants But let men who take pleasure in venting the venome that is within say what they will Scotland hath no cause to be ashamed of these Covenants It was a sweet day when the nationall Covenant which had been long buried in oblivion was raised out of the dust renewed And it may be Scotland shall have as sweet a day when both that Covenant the solemne league Covenant which now lyeth buried under a heep of the ashes of contempt reproach shall be raised up renewed with great acclamation of joy It is true this seemeth not to be very probable now but Scotlands covenanted God liveth his arme is not shortened There was not very great probability of renewing the nationall Covenant some few years before when the prelats were tyrannizing at pleasure no man durst so much as complaine of any injury they did It is easie with God to put Spirit courage in people make them stand upon their feet become an exceeding great army who were before but dry bones yea very dry bones howbeit now that league Cov. be looked upon as a device contrived purposely to overturne the throne Yet as it hath already proven so againe it may prove as sure a pillar for the throne as any as effectuall a meane to preserve the same from being overturned as any other But Christian reader by what thou will see in the following sheets thou Mayest easily perceive that it is both a sinfull dangerous thing to break Covenant a sin which heathens have scarred at And therefore remember thy Covenants and vowes made unto the most high let not the speaches nor carriage of others who think they cannot exceed in casting out the venome of their heart against these Covenants lessen thine estimation of them but rather increase the same And the more thou hear others cry down these Covenants as null keep thy self under their tye so much the more carefully Make conscience of studying these Covenants the duties unto which thou standest bound before the Lord by vertue thereof It is true thou art noâ—… now in a capacity to Act for the carrying on of the endâ—… of those Covenants as some time thou hast been yet keep thy Spirit still under the impression of their obligeing force when thou cannot by acting promove the ends of the Covenant thou mayest do it by constancie in patient suffering for adhereing to that cause Covenant See what thou art obliged unto by vertue of these Covenants let never these duties be forgotten but as the Lord offereth occasion let it appear that thou art under the impression of the oath of God thus shalâ—… thou have peace joy when shame shall cover the faces of all Covenant breakers 12. Thou mayest see how this yoke of prelacy wreethed in former times about the necks of the inhabitants of Scotland did prove so intolerably grievous that they were made to groan under it and how they became restlesse untill they shook it off And experience this day doth prove how necessaryly it is attended with grievous oppression soul affliction It hath been found is seen this day how prelats have trampled do trample upon the nobility gentâ—…ie burgesses of the Land The land formerly hath found to day doth finde what the weight of a Saint Andrew's crosse of the prelate's râ—…het is And that their little finger is heavier then the loyns of Ministers whatever grudge out-cry there was against the discipline of the Church It is true they proclame liberty give way to all vice iniquity are leaders into these wicked wayes themselves are paterns patrons unto the people whom they encourage by their evil example to follow them in their trade of wickednesse it is like this is the only thing which maketh that Goyernment desirable unto many who love not to be curbed in their licentious wicked courses but desire to have the bridle laid upon their necks liberty to follow the swinge of their own corruptions beastly lusts Yet it may be that many are ere now wearying of them Yea who knoweth but before this time many of the nobles others of the land who did earnestly pant after a change of Church Government wishing the day wherein prelats might be re-established in their power faithfull Ministers oppressed put to the door that so they might enjoy full free liberty to commit sin with greadinesse do beginne to be think themselves to be sensible of their folly when they see how Prelats trade upon their necks not careing what disrespect they put upon them or how basely they use them when they see that they have acted below themselves below men when they made shipwrack of their consciences sold their souls to promove their ambitious designes to help them to ascend unto the tope of their intended grandour no doubt many are thinking with themselves that they have run too fast when they see that all the thanks that they are like to have from those who excell in ingratitude is to be trode upon as mire of the streets It is a bad reward but the just righteous hand of God may be seen in it to inslave the persons bodies of such who have voluntarily iâ—…slaved their souls to set them on high O that the nobles gentry of the land would at length resent this indignity observe the hand of God punishing them with a whipe of their own making when they see how undervalueingly these
passi non aliud perfugium haâ—…bant quam ut Aâ—…licorum libidâ—…i se dederâ—…nt he sayeth The Bishops were so hard put to it that they had no other refuge but thus to satisfie the Court give away their revenues to their lusts Anno 1590. The Generall Assembly doeth abrogate the power of Commissioners devolveth the work on Presbytâ—…ries Anno 1591. The Recantation of Mr Patrick Adamson is presented unto the Assembly where among other things he confessed he had eâ—…red in thinking the governement of the Church was like other civil governements in labouring to have the Church in maters Ecclesiastick subject to the Kings lawes And with all he confesseth that the Earle of Arran had a minde to have burnt the Registers of the Assembly Anno 1584. that at Falkland before they were delivered to his Maj. a Bishop Mr Henry Hammilton took out some leaves which spoke against the Governement by Bishops that he had consented thereunto Anno 1592. in May the Generall Assembly doth meet resolveth on some propoâ—…itions to be presented to the ensuing Parliament As 1. That the Acts of Parliament made Anno 1584. against the discipline liberty authority of the Church be annulled 2. That the Discipline of the Church be raâ—…isied 3. That the Act of Annexation be repealed and 4. That the Abbots Pâ—…iors other Prelats bearing the titles of Church-men giving voice in Parl. in name of the Church without her consent be discharged to vote any more When the parliament conveeneth in June The liberties of the Church are ratified all her Courts Generall provinciall and presbiteriall Assemblies Church Sessionâ—… the Juâ—…sdiction Discipline thero â—…s declared to be just good godly in it self in all time coming not â—…anding of whatsoever sâ—…atutes acts canons â—…vilier municipâ—…ll lawes made in the contrare All acts fomerly made for establishing the Popes authority are abolished It is likeways declared that the 129. act Anno 1584. anent the Kings Supremacy against declining of the King his Councill in Church maters shall be no wayes prejudâ—…iall nor derâ—…gate any thing to the previledge that God hath given to the sâ—…rituall office-bearers in the kâ—…k concerning heads of Religion maters of heresy Excommunication collation or deprivation of Ministers or any such like 〈◊〉 â—…all censures specially grounded having warrant of the word of God Item they abrogate annull that act of parl 1584. which did grant Commission to Bishops other Iudges constitute iâ—… Ecclesiasticaell causes to receive his Highness presentations to benefices to give collation there upon to put order to all causes Ecclesiasticall And they ordaine that all presentations to Benefices be directed to the particular Presbiteries in all time coming with full power to give Collation thereupon to putt order to all maters causes Ecclesiasticall within their bounds according to the Discipline of the Kirk Thus did the Lord cary on his work unto this period notwithstanding of much opposition which was made thereunto by men of corrupt principles wicked lives who loved not to part with the Church rents the sweet morsell which they desired alwayes to enjoy now is the Churâ—…h there become a shineing Church being reformed both in Doctrine in Discipline now is she become a pleasant vineyaird well dressed hedged about defended from the wilde boars of the forrest King Iames himself was convinced of this when he gave this reason to an English divine why that Church was not troubled with heresie viz because if it spring up in a parish there is an Eldership there to take notice of it suppresse it if it be too strong for theÌ„ the psesbitery is ready to crush it if the presbitery cannot provide against the obstinate heshall finde moe witty he ads in the Synod if he be not convinced there the Generall Assembly will not spare him yea seldome or never did any errour trouble all those Courts for usually it was crushed by presbiteries except what some Bishops did maintaine And thus that Church was indeed as an army with banners terrible to the adversaries of the truth Then were there endevours to have a through worke of Reformation caried on the iniquities of the land were searched out corruptions in Ministers other ranks of people were taken notice of effectuall courses were laid down for preventing such abuses in time coming Publick Fasts were indicted keeped whole eight dayes together And thus the Lord created upon every dwelling place of Mount Zion upon her Assemblies a cloud smoak by day the shineing of a flaming fire by night for upon all the glory was a defence Isai. 4. 5. But this faire Summer Suneshine did not long last The infinitely wise God saw it sitt to bring that Church unto a wilderness againe to cause her meet with a dark dreadfull long lasting winter night Satan stirreth up Papists upon the one hand who saw that if this hedg of discipline were keeped up they could not enjoy the liberty peace they desired prophane politicians Courteours upon the other hand who saw that by this Discipline their licentiousnes would be curbed to bestirre themselves against this established discipline And accordingly they use their power with the King at length prevaile to get him to oppose the discipline to prosecute that designe piece piece till at length Prelats were established in all their power as the following discourse will clearly evince When Anno 1596. the Popish Lords who had conspired with Spaine against the countrey and had been upon that acount banished viz Huntly Arrol Angus were called home the Church saw Religion in danger ordained that particular flocks should be advertised hereof indicted a Fast appointed that some out of each Presbitery should concurre with the Presbitery of Edenburgh in considering of the most expedient way for securing of Religion and now because the Church would not consent unto the Kings calling home those popish Lords he is stirred up by his popish Courteours against the Church incroacheth dayly more more upon her liberties For Mr D. Black minister at St Andr. is cited before the Councill for some alledged expressions in his sermon The ministry seeing that the spirituall Governement of the house of God was intended to be quite subverted thought it best that he give in a Declinatour there in shew that though he was able to defend all that he spoke yet seing his answering to that accusation before them might import a prejudice to the liberties of the Church be taken for an acknowledgement of his Maj jurisdiction in maters meerly spirituall he was constrained to decline that Judicatorie 1. because the Lord Jesus had given to him his word for a Rule so he could not fall under any civill law but in so farr as he should be found after triall to have passed from his Instructions which triall belongeth
onely to the prophets 2. The libertie of the Church and Discipline presently exercised was confirmed by diverse acts of Parliament and the office-bearers were now in peaceable Possession thereof And this he did and a Copy hereof was sent through the Presbiteries to see if they would owne the same and in testimonie of their chearfull hearty owning therof it was subscribed by three or fowre hundereth Ministers This displeased the King so that he by open proclamation commanded the Commissioners of the Church to depart out of Edenburgh within twenty fowr houres under the paine of rebellion but notwithstanding of this they resolve to stay to see that the Church priviledges should not be wronged send some of their number to speake to his Mâ—…j unto whom he answered that if Mr. Black would passe from his Declinature or if they would declare that the Declinature was not a generall but onely a particular one used in Mr. Blacks case alone as being a cause of slander pertaining to the judgement of the Church he would passe from the pursuite of Mr. Black But after consultation the Comissioners resolved to adhere unto the Declinature unlesse his Maj. would passe from the processe remitt the same unto the Church Judicatory would make an act of Councill declareing that no minister should be charged for his preaching c. Whereupon the King charged the Commissioners of new to depart caused cite Mr. Black unto the last of November withall dischargeth all Barons Gentlemen others to meet with ministers in their Church assemblies without his licence When the day of Mr Blacks compearance cometh the Commissioners presente a supplication desiring them to remitt the question unto the Judge competent but the Councill goeth on therefore they protest that the processe in hand whatsoever followed thereupon should not prejudge the liberty of the Church in maters of Doctrine Afterward the King sendeth unto the Commissioners shewing he would be content with Mr. Blacks simple declaration of the truth But worthy Mr. Bruce answered That if the mater did touch Mr Black alone they were content but the liberty of Christs Kingdome had received such a wound by the Proclamations published the last Satterday that day by the usurpation of the Council that if Mr Blacks life the life of twenty others had been taken it had not grieved the hearts of the godly so much that either these things behoved to be retreated or they would oppose so long as they had breath Then the King condiscended to publish by a Declaration that he would not diminish any lawfull power or liberty which they or their Assemblies had either by the Word of God or lawes of the land that the proclamation discharging Barons others to meet with ministers was onely meaned of their meeting in armes that the Interloquâ—…tor of the Council should not be used against Mr Black or any other minister untill a lawfull General Assembly providing that Mr Black would declare in his presence the truth of the points libelled before some ministers But afternoon the Kings minde was found changed because Mr Black would not acknowledge an offence he is condemned by the Council his punishment is remitted to the King till his pleasure were known he is confined Then there is a bond devised to be subscribed by all the ministers under the paine of the lose of their stipends The tenor wherof followeth Wee the Pastors ministers of Gods word undersubscribing humbly acknowledging our duty to God obedience to the King our Souveraigne Lord whom for conscience cause we ought to obey Confesse that his Grace is soveraigne Judge to us each one of us in all causes of sedition treason other criminal civill maters to all our speaches which may import the saids crimes albeit uttered by any of us publickly in the pulpits which God forbid or in any other place that the said pulpits nor any other place whatsoever hath not that priviledge immunity to be occasion or pretence to any of us of declining of his Maj judgement in any of the saids civill or criminall causes intended against us in any time coming but rather that our offence is the greater incase which God forbid any of us commit such crimes in the saids pulpits before the people where the word of Gods truth salvation should be preached by us to our flocks In witness wherof of the humble acknowledgement of our duty in the premisses we have subscribed these presents with our hands are content that the famine be registrat in the books of secret Councell in futuram rei memoriam But faithfull ministers refused upon all hazards to subscribe the same seeing that it was a crossing of their Declinatour contrarie to the acts of the Generall Assembly to the acts of Parliament made in favours of the Church yea to the word of God because by this bond they should have acknowledged the King to be both supreme onely Judge over ministers in all causes so to have power of Judging deposing them yea of judging trying their preaching if it be but coloured with treason sedition of schisme in the Church which is sedition and seeing thereby they should be bound up from faithfull dealing in the name of the Lord because they saw it was devysed of purpose as a snare to their consciences After this Anno 1596. the king driveth on his designe indicteth an Assembly at perth formeth 55 problemes by which the Discipline of the Church formerly established was questioned to be there debatéd these problems with the following Historie at more length are to be seen in the Historie penned by Reverend laborious Mr Petry therefore a short relation shall suffice here being perswaded by his Courtiours that he should never gaine his purpose till first he took some course to breake the Union of the Church he prevaileth with Mr Patrik Galloway Mr Iames Nicolson who had been chief a little before in advising Mr Black to decline causeth Sr Patrick Murray deal with the ministers of the North to subscribe the bond to choose such such persons to the meeting at Perth and when the time of meeting cometh these Commissioners from the North were seen going in companies to the king Mr Nicolson was with the king till mid-night They were for all this two dayes in debating whether they were a lawfull Generall Assembly but honest men protested against it The meeting at length condiscendeth to these particulars 1. That no minister should reprove his maiesties lawes acts or ordinances untill such time as first he had by advyce of Presbitery Synod or Assembly complained or sought remedy of the same 2. That none should be named in pulpit except the fault were notour by the persons being fugitive convicted by ane Assise Excommunicated contumacious after citation or lawfull
them concerning the day which was the second not the fifth that so such as would meet the second day being so few might easily be moved to dissolve before the rest came who would intend onely to keep the fifth day But the honest party perceiving how their liberties were now in danger did resolve to meet at Aberdeen accordingly there cometh from parts neerby some against the second of July unto whom Lawreston his Maj. Commissioner presented a letter from the Councell desired an answer They replyed that they behooved first to constitute themselves after he had withdrawn they choosed a moderator Clerk then read the letter wherein there were two things desired first that they would dissolve the meeting next that they would appoint no other day untill his Maj. were advertised As to the first they answered that they were ready to dissolve the meeting there being so few present To the next they answered that if Lawreston as his Maj. Commissioner would name a day they would aggree thereto if not they behooved to preserve their liberty so seeing Lawreston refused they appointed the next Assembly to be at Aberdeen the last Tuysday of Sept. advertised Presbiteries therof When Lawreston seeth this he protesteth against them as no lawfull Generall Assembly giveth his reasons which were answered they protest to the contrary thereupon by a messenger of armes he chargeth them to depairt under the paine of treason because as he alledged he had discharged them the night before by open proclamation at the mercat Crosse to conveen under the paine of treason he causeth denounce them rebells Whereupon in Septr Mr Welsh Mr Forbes were imprisoned by the Councill in Blackenesse in Octr. others were incarcerat In the mean time there is a Declaration dated at Hampton Court Septr 26. indicting an Assembly at Dundy the last Tuysday of July next Now the imprisoned ministers petitioned that the triall of that Generall Assembly might be referred to the indicted assembly at Dundee but are not heard And therefore when they are sisted before the Councill Octr 24. seeing that certainly the Assembly would be condemned they give in this Declinature following please your Lo The approbation or disallowance of a Generall assembly hath been should be a matter spirituall alwayes cognosced judged by the Church as Judges Competent within this Realme seing we are called before your Lo to hear see it found declared that we have contemptuously seditiously conveened assembled our selves in a Generall assembly at Aberdeen the first Tuysday of July last the said assembly to be declared unlawfull as an more length is contained in the summonds executed against us We in consideration of the premisses other reasons to be given in by us have just cause to decline your Lo. judgement as no wayes competent in the Cause above specified by these presents we simpliciter decline the same seing we are most willing to submit our selves unto the triall of a Ge nerall Assembly which is onely the Judge competent When the King heareth of this Declinature he lent down directions to the Councell to proceed against them according to the lawes sent down the Earle of Dumbar for that effect Whereupon six of them viz Mrs Iohn Forbes Iohn Welch Andrew Duncan Iohn Sharp Robert Dury Alexander Strachan are endited of high treason upon the act of Parliament 1584. sisted before an Assise at Lithgow and what by illegall procedures threatenings with fair promises used by the Earle of Dumber unto the Assisers some of whom were his own near kinssolk particularly by assurances that the king would not take their life they are declared guiltie of treason by nine of the fifteen Assisers so sent back to their prisons Then doth the king send for Mrs Andro Melvin Iames Melvin Iames Balfour William Watson William Scot Iohn Carmichel Adam Colt detaineth them long at London seeking to intangle them with questions at length Mr Andro Melvin is imprisoned in the Tower till the Duke of Bulloigne three years thereafter procureth liberty to him to go with him Mr Iames Melvin dieth at Berwick the rest are confined to severall places of the countrey While these ministers are at London the king signifieth his minde that the six condemned ministers should be banished out of his Dominions the other eight should be consined as followeth Viz Mr Farme in Bute Mr Monro in Kâ—…ntire Mr Youngson in Arran Mr Irvine in Orkney Mr VVilliam Forbes in Yetland Mr Gray in Caitnesse Mr English in Southerland Mr Rosse in Lewes In this same year Anno 1606. there is a parliament conveened in July which acknowledgeth his Maj. soveraigne authority princely power royall prerogative priviledge of the Crowne over all Estates persons causes promiseth to maintaine the same with their lives lands goods restoreth the bishops to their ancient accustomed honour dignities Prerogatives Previleges livings lands teinds rents thirds estates rescindeth the act of annexation Unto this Parliament the Commissioners from Synods presbiteries gave in a protestation desiring them to keep within their due bounds reserve unto the Lord that glory which he will communicate neither to man nor angel viz to prescribe from his holy mountaine a lively patterne according to which his own tabernacle should be framed that they would not bring into the kirke of God the Ordinance of man which hath been found the ground of much evill of that Antichristian Hierarchie That they would not build Iericho againe contrare to their oath subscription nor suffer that Estate of Bishops to arise which they offered to prove to be against the word of God the ancient Fathers Canons of the Church the moderne most learned godly Divines the Doctrine Constitution of the Church of Scotland the lawes of the Realme the well honour of the kings Maj. the peace quyetness of the realme the well of all every one of the subjects and then In the name of the Church in generall of their presbyteries in their own name of all other pastors for discharging of their duety consciences they did protest against bishopry bishops against the Erection Confirmation or Ratification thereof requireing the famine to be Registrated This protestation was subscribed by many ministers among others by Mr Adam Banatine Mr Iohn Abernethy Mr VVilliam Couper who afterward became bishops themselves When prelats are thus advanced to their civill dignities there are wayes essayed for advancing them in their spirituall power and this same year there is an assembly indicted at Lithgow the 10 of December but onely some presbyteries in whom the king confided most were advertised hereof the businesse was carried so closely that the moderator of the last assembly knew nothing of it Here after some debate the overture propounded by his
flee About this time in other pairts of the Kingdome the ministers honest people who were urged could not give obedience resolved to follow a more regular way and to supplicat the Councell to give in a note of the errours contained in these books which accordingly they did so from severall pairts of the Kingdome there came Ministers professours with supplications sheweing how erroâ—…ons both the liturgy the other books were how dangerous a thing it was to bring in Innovations in a Church how the Reformed Churches of Austria were undone by the violent obtiusion of a liturgy how in the time of Charles the Great the Church was miserably rent some adhering to the Ambrosian Liâ—…gy others choosing the Romane of Oregorian Liturgy how dangerous it was to change the Worship bring in a worse how the King foure years before at his Coronation did solemly swear that he would alter nothing in the Kingdome of Scotland without the free consent advice of those having Interest Unto these Supplications the Councill at first gave a favourable answere told that it was not their minde to presse the publick use of these books that they had forbidden the Bishops to presse the use of these books any more that they had signified their minde to his Maj were expecting a returne The petitioners likewise sent their supplications to his Maj. with the Duke of Lennox who was then returning to London withall did wreastle with God by prayer faâ—…ing that he would incline the Kings heart to hearken unto their just desires would frustrate the endeavours of their adversaries But when the expresse cometh from his Maj. all the answere they get is an Edict published Octobr 18. commanding them to go out of the towne of Edenburgh within few hours under the paine of Rebellion When the Petitioners see this the next day they resolve to act all together joyntly that his Maj. might know it was not a few Puritanes as the impure Prelats were pleased to nickname them but a great mulitude of his Maj. most loyall subjects of all ranks who were dissatisfied And they draw up a complaint against the prelats desire liberty of the Councell to pursue them legally as being the onely authors of the Book of Canons liturgy which containe the seeds of Superstition Idolatry as being guilty of many other crimes that under the highest perrill And withall they shew the Councell that they could not leave the towne untill they saw some course taken for delivering the land from the present imminent dangers When the Councell saw that the number of the Petitioners was great dayly increasing fearing the worst they desired the petitoners would choose some of their number as their Commissioners to prosecute their business that the multitude might depairt this was yeelded unto But ere long the Councell is discharged by an Expresse from his Maj. to meddle any more in that matter Whereupon the Supplicants are necessitated to draw up a Protestation declaring that if any tumult arose through their prosecution of the Cause the Councell onely might be blamed as refusing justice When the Counsell heareth of this they resolve to hear the desire of the Commissioners advise the Bishops to withdraw themselves When the Commissioners compeer they show their Intention was to prosecute their business against the Prelats whom they would prove guilty of grievous crimes under the highest perrill therefore desired the prelats might be excluded it not being fit that parties should be judges The Councell because of the forementioned Expresse might do nothing Onely they write to his Maj. who thereafter sendeth for the Earle of Traquair but he for fear of the Prelats did misrepresent the Cause of the Supplicants returned with a Proclamation from his Maj. which he caused publish at Sterlin where the Councell was sitting in Febr. 1638 In which Proclamation the King owned the books which the petitioners did supplicat against and condemned the meetings of the Supplicants as conspiracies contrary to the lawes of the Land Against this the petitioners prepared a Protestation a copy wherof was affixed at the Crosse of Sterlin herein protested against these Books as full of errours as Innovations against their refusing to receive libells against the Prelats against the High Commission Court obtruded on Scotland contrary to the fundamentall lawes of the land without any Municipall law That prelate should not be judges in their own cause And that all their own meetings were lawfull And that they could not forbear with a good conscience unlesse they should wrong the Glory of God the honour of his Maj. the liberties of kirk Kingdome And because they were commanded to depart forth of the town of Sterlin they go together towards Edenburg there after serious thoughts they finde the maine procureing cause of all these calamities to be the violation of the Nationall Covenant therefore unanimously they resolve to renew that Covenant accordingly they draw it up with some explicatory additions confirmations out of the acts of Parliament binde themselves to adhere unto defend the true Religion forbearâ—…g the practise of all novations already introduced in the matters of the worship of God or approbation of the corruptions of the publick government of the Kirke or civill places power of Kirkmen till they be tried allowed in free Assemblies in Parliaments to labour by all meanes lawfull to to recover the purity liberty of the Gospell as it was established professed before the foresaid Innovations promise swear to continoâ—… in the profession and obedience of the foresaid Religon â—…resist all contrarie errours and corruptions ând that they had no intention to attempt any thing that might turne to the dishonour of God or to the diminution of the Kings greatness and authority and to defend themselves mutually in the same cause c. When the Covenant is thus drawn up it was subscribed by all present copies thereof were sent to such as were absent being read in the Churches was heartily embraced sworne subscribed with tears great joy Great was this day of the Lords power for much willingness chearfulness was among the people so as in a short time few in all the land did refuse except some Papists some aspiring Courteours who had no will to displease the King some who were addicted unto the English rites Ceremonies some few Ministers who had sworne the oath at their entry which was mentioned Anno 1612. Yea such willingness was among the nobles others that they had their own copies of the Covenant subscribed by others of the Nobles Barons ministry laid up in their Charter chists where possibly many of them are at this day When matters are at this passe the Prelats do animate his Maj. to a war and the Covenanters desireing his Maj. might be rightly
approved there the same may be with publick humiliation all Religious answerable solemnity sworne subscribed by all true professors of the Reformed Religion all his Maj. good subjects in both Kingdoms Thereafter on the same day it was approvedby the Convention of estates then sent unto the kingdome of England where after mature deliberation it was approved by the learned assembly of Divines by Both Howses of Parliament by them in their solemne assemblies after sermon solemnely sworne subscribed by Ordinance of Parliament sworne suhscribed in all the parishes of the Kingdome a copy thereof appointed to be affixed in every parish Church also a faire Copy thereof with all the names of the members of Parliament who subscribed the same is ordained to be affixed at the end of the great Hall of Westminster When thus it was sworne subscribed in England The Commissioners of the Gen. Assembly Octob. 11. 1643. ordained the same to be with publick Humiliation all Religious solemnities received sworne subscribed by all ministers professours within the Kirk for this effect it is ordained That the League Covenant be forthwith printed that the printed copies bound with some clean sheets of paper be sent unto the ministry that every minister upon the first Lords day after the same shall come to his hands read explaine it by Exhortation prepare the people to the swearing subscribing thereof solemnely the Lords day next immediately following ordaine that presbiteries proceed with the censures of the church against all such as shall refuse or shift to swear subscribe the same And the Commissioners thinke it very convenient for good example the better encouragement of others that it be solemnely sworne subscribed by themselves now present before the Congregation in the East kirk upon friday next the 13 of this instant after sermon exhortation to be made by Mr Robert Douglas Moderator that the Commissioners of the Convention of estates now in towne the Commissioners from the Parliament of England Divines of that kingdome here present be earnestly desired to joyne with them in this solemne Religion action Upon the 12 of Octob. the Commissioners of the convention of Estates did also ordaine the same to be sworne subscribed under the paine of being punished as enemies to Religion his Maj. honour peace of the kingdoms to have their goods â—…ents confiscate c. also ordaine all Sheriffs Stuarts others his Maj. magistrates in Brugh land Committies in the severall shires to be assisting to ministers and presbiteries in procuriing reall obedience hereunto Which deed of the Commission of the Church was ratified approved by the Gen. assembly Jun. 28. 1645. So is the deed of the convention of estates their commissioners approved ratified by act of Parl. July 15. 1644. where the League Covenant is insert in the Registers Thus the kingdoms of Scotland England after other meanes of Supplication remonstrance Protestation and sufferings to the end they might preserve themselves and their Religion from utter ruine and destruction according to the commendable practises of these Kingdomes in former times and the example of Gods people in other Nations after mature deliberation resolved and determined to enter into a mutuall and solemne League and Covenant wherein all did subscribe and with hands lifted up to the most High God did swear as they should answer at that great day to God the searcher of all hearts That sincerly really and constantly they should endevour in their severall places and callings 1. To preserve the Reformed Religion in the Church of Scotland in Doctrine worship Discipline and Governement and to Reforme England and Ireland according to the word of God and the example of the best Reformed Churches and to bring the three kingdoms to the nearest conjunction and uniformity in Religion Confession of Faith forme of Church governement Directory for worship and Catechising 2. To endevour the extirpation of popery Prelacy Superstition Heresy Schisme Prophaness and whatsoever shall be found contrary to sound doctrine and the power of godliness 3. To preserve the Rights and privileges of the Parliaments liberties of the Kingdomes and the Kings Maj. person and authority in the preservation and defence of the true Religion and liberties of the Kingdomes 4. To discover all such as have been or shall be incendiaries Malignants or evill Instruments hindering the Resermation of Religion dividing the king from his people and the kingdomes one from another or making any fâ—…on or parties among the people contrary to this League and Covenant that they may be brought to triall and condigne punishment 5. To endevour that these kingdomes may remaine conjoyned in a firme place union to all posterity 6. To assist such as enter into this Covenant and not to suffer themselves any maner of way to be divided or to make defection or to give themselves to a detestable indifferency and neutrality in this cause but shall continue â—…in against all opposition and promote the same according to their power against all sets and impedimentes whatsoever When these hands did thus enter in Covenant with the great God of heaven earth many of soul was converted which was as the finite of this noble Marriage when they saw the wonderfull works of the Lords right hand whereby he openly â—…nyably owned that Covenant such as entred into 〈◊〉 Then did these Churches flourish begin to have a beautifull countenance to be admired abroad by strangers who stood astonished at the report of what they did hear dayly of the Lords owneing fighting for that Covenant seconding the Covenanters in carrying on the Ends of the same But at length after the Lord had by many signes wonders testified his displeasure against broken the whole strength force of the Popish Prelaticall Malignant faction wrought deliverances in all the three kingdoms for the people that engadged in Covenant with him It seemed good in his eyes who doth all things according to the counsell of his own will to suffer another enemy to arise to trouble his Church to try his people viz. the Sectarian party who grew to such an hieght in the English Army that they over-ruled the Parliament of England putting away the House of Peers they modelled the House of Commons as they thought good erected a New Court which they called an High Court of Iustice before which they did Impannel the King at length did violently take away his life Januar. 30. 1649. against which deed the Commissioners both from the Church State of Scotland did protest were therefore hardly used at London When the report of this cometh to the eares of the Parliament of Scotland which was then sitting They upon the 5. of Febr. 1649. considering that for as much as the kings Maj. who lately reigned
to make way for repaireing of the ruines building up the breaches thereof for establishing the same on right sure foundations in your Maj. person family and to do those things when they were so litle expected in so quyet peaceable a way and without the effusion of Christian blood imbroyling the Kingdomes in the misery calamities of a new war And as we adore the wonderfull wise hand of God blesse his name who hath done these things so it is not only our practice for the present but our sincere resolution for the time to come to pouâ—… forth the fervent desires supplicatioâ—… of our soull unto the most high by whom kings reigne for the preservation saiftie of your Maj. person for the multiplication of his spirit increase of it upon you that you may imploy your power to his praise the comfort of his people for the Establishing of your just power greatnesse in subordination to him to be faithfull loyall rendering all the dutyes of honour subjection obedience to your Maj. that are due from humble loving subjects unto their native lawfull prince soveraigne And we desire to be perswaded with confidence to promise to ourselves that your Maj. will accept of those our professions as proceeding from loyall honest hearts allow us the protection countenance incouragement in our station callings that may be expected from a gracious king And considering the great happinesse that ariseth both to kirk and state all the members thereof by the mutuall good understanding betuixt the supreme Magistrat the faithfull of the land when it pleaseth divine providence so to dispose the many calamities miseries that in the holy justice just indignation of God do attend the separating or violating of these only sure foundations of states and 〈◊〉 kingdomes We are bold in the integrity of our hearts in the zeal of the glory of the Lord of the good of his church of your Maj. honour happinesse from the sense of manifold great obligations that be upon us before the Lord so to do particularly that of the Covenant That what lets we are not able of our selves to suppresse and overcome we shall reveal and make known that they may be prevented remedied Humbly to presente unto your Maj. and make known the great danger that threateneth religion and the work of reformation in the churches of God in these kingdomes from the desires and endeavour of the remanent of the popish prelaticall and malignant party therein which is begining to lift up the head not only to render hatefull but to bear downe many of your Maj. good subjects who have been imployed as instruments in the work have keeped within the bounds of their duty in promoveing preserving the same so far as humane frailty would permit but also to overthrow that blessed work it self and to reintroduce prelacy the ceremonies the service book and all these corruptions which were formerly cast out as inconsistent with that pure and spotelesse rule of church governement discipline and divine worshipe delivered to us in the word of God as a yoke of bondage that neither we nor our fathers were able to bear and though we know that that Spirit will not want its specious pretences plausible insinuations for compassing these ends yet as there cannot readily be greater disservice to the church of God to these Kingdoms to your Maj. honour happinesse then actings of that nature so we cannot without horrour of Spirit astonishment of heart think upon what dreadfull guiltinesse King Princes Ministers People shall be involved into what fearfull wrath shall attend them from the face of an angry jealous God if after all the light that he hath made to shine in these kingdomes from his blessed word for discovery of the error Impiety of these things after his hand hath been lifted up so high for casting out of the same after solemne vowes engadgments taken upon themselves before God angels men against them if they should againe lick up the vomit thereof God forbid that we should either hear or see such heart astonishing bitter things which would turne the mirth of the Lords people into mourning their songs into most sad lamentations Neither are we lesse apprehensive of the endeavours of the spirit of errour that possesseth Sectaries in these Nations which as it did at first promove a vast tolleration in things religious and afterwards did proceed to the frameing of mischief into a law so we doubt not but it will still be active unto the promoving procuring of the same under the specious pretext of liberty to tender consciences the effects whereof have in a few years past been so dreadfull that we cannot think of the continuing thereof but with much trembling fear Therefore knowing that to Kings Princes Rulers Magistrats appertaineth the purgation preservation of religion that nothing can contribute more unto the preserving and promoveing of religion the work of reformation then that all places of power trust be filled with men of a blamelesse christian conversation approven integrity known affection to the cause of God We your Maj. most humble supplicants subjects with bowed knees bended affections humbly supplicat your Maj. that you would imploy your royall power unto the preservation of the reformed religion in the church of Scotland in doctrine worship discipline governement for the reformation of Religion in the Kingdome of England Irland in doctrine worshipe discipline goverment and to the carrying on of the work of uniformity of religion in the church of God in the three Kingdomes in one confession of faith forme of church goverment directory of worshipe catechisâ—…ing and to the extirpation of popery prelacy superstition heresy schisme prophanesse whatsoever is contrary to sound doctrine the power of Godlinesse And that all places of trust under your Majest may be filled with such as have taken the Covenant are of approven integrity known affection to the cause of God If in a matter that so much concerneth the honour of God the good of his Church your Maj. honour happinesse we be jealous with a godly jealousy we know your Maj. wisdom lenity to be such as will easily pardon And the sense of our duty to God to your Maj. the fear of those kingdoms transgressions by building up againe the things that were destroyed constraineth us to be petitioners against the same earnestly to intreat that any beginnings of stumbling which already have been given in those things especially in the matter of Prelacy ceremonies the Servicebook in your Majesty chappell and family and other places of your Dominions may be removed and taken away And that there may be no
it may not be a supersede as to an Act a ground of exemption to the subject from the rigour thereof till the law be revived by a posteriour act which was never yet done lawyers may judge But which is more there is an Act of Parl. Anno 1592. declareing that that former Act shall no wayes be prejudiciall nor derogat any thing to the privilege that God hath given to the spirituall office bearers of the church concerning heads of religion matters of heresy excommunication collation or deprivation of ministers or any such like essentiall censures specially grounded have and warrand of the word of God And which is more considerable The parliament 1648. did disclaime any such power of judging in church matters took it for an unjust challenge charge to say that they took an antecedent judgment in maters of religion for in their letter to the presbyteries of Scotland being their Act 16. May 11. 1648. they have these words Neither can it be with any truth or justice in any sort alleidged that we have in the least measure wronged or violated the true privileges or liberties of the church or any way taken upon us the determination or decision of any matters of faith or church discipline though we be unjustly charged with taking an antecedent judgment in matters of religion By which every one may see that the parliament did looke upon themselves as an incompetent judge in matters of faith or religion Primo instanti or antecedently unto the decision determination of the church And now let lawyers judge whether when the parliament the supreme judicature of that land doth declare themselves incompetent judges in matters of religion The Privy Councell which is a judicature inferiour to the parliament by the fundamentall lawes of that land having its originall power antiquity from the Kings Maj. the estates of parliament so is subordinat there to ought to be countable to censureable by them according to the 12 Act of Parl. 2. King Iames 4. See for this Act 27. Parl 2. of King Charl I. 1640. may become judges thereof whether seing by confession of Parliament they can be no lesse incompetent judges then the parliament it self it can be truely treasonable to decline them Though it were granted that that Act of Parliament 1584. were no way weakened by the other Act 1592. which yet is expressely explicatory thereof yet it could no wayes be treasonable in him to decline the councell as an incompetent judge to him in that case because the Act 1584. is to be understod in such cases only in which they are propper judges But it will be replyed that the Act maketh them judges competent to all persones spirituall or tempâ—…rall in all matters wherin they or any of them shall be apprehended summoned or charged Answ. True the act speaks so in the generall yet it is well known that notwithstanding thereof any of his majesties subjects might decline them when cited for causes the cognition whereof did popperly belong to another distinct judicature such as the court of exchequer or the Lords of the Session so that this all is to be restricted to such causes as do belong to them And under it causes purely ecclesiastike cannot be understood because of that which the Parliament Anno 1648. said Parliaments know best what causes belong to their cognition what doth not belong to a Parliament will never belong to the Privy Councell If it be replyed againe that the meaning of the Parliament 1584. was to give the councell power in church matters because this act was devised of purpose to hinder ministers to protest against the King his counsell as they had done before Ans. that is true But that will say nothing now when the Parliament 1648. hath declined to be judges in such matters and Parliaments can best expound their own lawes and acts can best explaine the extent of their own power and consequently can best declare what causes these are of which the Privie Councell is competent judge what not when they declare that themselves are not competent judges in matters of doctrine religion they do more then sufficiently declare that the Privie Councell is not a competent judge in those matters But for all this this worthy man must die he dieth a martyr for the truth against the Erastian abomination SECTION VI. The sufferings of some other Ministers related AMong other acts of the Committy of Estates there was a proclamation which they caused be read at all the church doores of the Kingdome upon the Lord's day in which they discharged ministers to speak or preach any thing against them or their proceedings this was to command them to handle the word of the Lord deceitfully to become false prophets to preach smooth things and to prophecy deceits wherby the malicious ill affected people who did not love their ministers were encouraged to give in delations of such such things as they thought good to allaidge against them as uttered in their sermones bring in any prophane persones they pleased for witnesses By which meanes some though many were in no hazard thinking it commendable prudence to be silent at such a time were brought to trouble both by the Committe of Estates by the Parliament being imprisoned or confined and other wayes hardly used though litle of what was allaidged could be proved against them More over ther was one minister who after the Parliament had annulled the covenant passed many other acts against the work of reformation thought himself bound in conscience to give faithfull free warning to shew the greatnesse of the sin of backslideing defection from the cause and truth of God to protest publikely in a Ministeriall way for his own exoneration after the example of Samuel at the comandement of God against the course of defection carryed on all acts made in prejudice of the covenanted worke of reformation for which cause he was summoned before the Parliament and at length condemned of treason sedition onely upon that acount therafter was banished out of all his Maj. dominions And if any say that ministers should have been silent not meddled with state affairs let the answers which famous doct Voet giveth in his Politia Eccles. pag. 982. 983. c. be considered which are these 1. It is the duty of Ministers to give faithfull warning unto people Ezek. 3 17 22. 2. This was not to meddle with the politie but with the abuse of it by men in power 3. Rulers no lesse then others must be touched when they provoke God to wrath by their carriage 1 Thes. 5 11. Iam. 5 20. 1 Sam. 15 14. Isa. 58. 1. 4. Then they should never speake to a hundered places of scripture which do speake so directly against Magistrats abuseing their power See what he sayeth furder to this purpose there in answering therest of the
displeasure of many at court when Ministers were freely rebuking sin in about the court they were accounted railers traitours And being accused of treason before the King his Councill They declined them as incompetent Judges Upon this account in this houre of darknesse by the meanes of the Earle of Arran This Parliament is suddenly called wherby there were two Parliaments in one year 1584. the one meeting May 22. the other which is called the ninth Parliament as the former was called the eight Agust 22. which granteth this supremacy to the King over persones ecclesiastick for formalities sake civil therefore in the end of that act it is declared to be treason to decline his Maj. or his Council in any case So then the question was not betwixt the King the Parliament But betwixt the King or his Councel the Church in spirituall matters It is true also that in the 1. Act of Parliament 18. Anno 1606. His Maj. soveraigne authority Princely power Royall prerogative and privilege of his Crowne over all Estates persones and causes whatsoever is acknowledged But this act is of the same nature with the former no prerogative over above the Estates of Parliament is acknowledged here to belong properly to the Crown And moreover these words are but faire flourishes parliamentary complements Finally the prerogative here spoken of is founded upon personal qualifications where with they say he was endued far beyond his predecessours such as extraordinary graces most rare and excellent vertues singular judgment for sight Princely wisdome the like these may be wanting in one possessing the crowne therefore it could not be the minde of the Parliament to give a supremacy founded upon such qualifications to these who had not those qualifications so they could not annex it unto the Crowne 9. Together with these particulars let this be considered That in 3 Article of the league Covenant they did all swear Sincerly really and constantly in their severall vocations to endeavour the preservation of the rights and privileges of the Parliaments And then it shall appear that there was good ground of scrupleing at that oath which as explained by their acts tendeth to the overturning of those rights privileges For none who desired to make conscience of the oath of the Covenant might swear an oath so apparently opposite thereunto It is true those questions concerning the power of Princes Parliaments are dark ticklish Ministers not being lawyers by profession can not be supposed to be well acquanted with the lawes constitutions of the realme or with the nature extent of the same in all points Yet it concerneth them to see to this that they run not themselves upon the rocks of contradictory oaths And having sworne to endeavour in their places callings the preservation of the rights privileges of Parl. it concerneth them all not alitle to search so far into the rights privileges of Parl. as that they may know when an oath is tendered unto them which crosseth the same being once engadged in an oath in a matter not sinfull not to change or to swear that which destroyeth contradicteth the former oath But leaving those things not laying more weight on them then they will bear other particulars more weighty pressing must be spoken to therefore let it be considered 10. What dreadfull consequences will follow upon the taking of this oath thus explained as to its civil part by the forementioned act concerning the prerogative other acts now to be mentioned as 1. A condemning of the convention of Estates Anno 1643. conform to the Act 6. of this Parliament 2. A condemning of the Parliaments Anno 1640 1641 1644 1645 1646 1647 1648. conforme to their Act 15. as also the committees Parliaments thereafter Anno 1649 1650 1651. conforme to their Act 9. 3. A condemning of all the Acts made by these Parliaments conforme to their Act 3. 4. A condemning of all the meetings Councells Conventions of the subjects at the beginning of the late work of Reformation conforme to their 4 Act. 5. A condemning of the League Covenant conforme to their Act 7. 6. A condemning of Scotlands joyning with helping of England in the day of their straite conforme to their Act 7. 7. A condemning of the renueing of the Nationall Covenant Anno 1638 1639. conforme to the last words of the 11 Act. 8. A condemning of the Generall Assembly 1638 severall others thereafter conforme to their 4 Act. 9. A condemning of Scotlands riseing in armes in their own defence against the Popish Prelaticall malignant Party conforme to their 5 Act. 10. A condemning of their seizing upon forts castles in their own defence conforme to the said 5 Act. Was there not then cause to scruple at the taking of this oath which would have imported a condemning of all those things sure there was as shall be showne in speaking to each of the particulars mentioned Now it is clear that the taking of this oath would have imported a condemning of all these particulars from this That the Parliament doth condemne all these mentioned particulars as the acts specified do clear because done without his Maj consent which ought say they to have been had by vertue of his prerogative royall and supremacy the perogative doth explaine his supremacy in things civill as shall be showne more fully hereafter But to come to the particulars first There was no ground for condemning that convention of Estates 1643. notwithstanding that the Kings consent was not had therto 1. Because in poynt of conscience the Estates of the land being essentially judges are bound when the publict affaires of the Kingdom do require to conveen consult thereanent when Religion lawes liberties are in hazard when the necessitie is such as will admit of no delay pure legall formalities of state must be dispensed with when they cannot be gotten followed as in this case it was clear The true protestant religion his Maj. honour the peace of the Kingdomes were in hazard by papists their adherents in armes in England Irland The King refuised to call a Parliament at that time though he was oftin requeested there unto In this case what could the states of the Land do who were bound by the lawes of God of nature of nations to see to the preservation of the Kingdom to their own interests to religion that should be dearâ—… to them then any thingâ—… else were bound by the law of God to judge governe the land but obey God disâ—…ense with state formalities according to the many examples of the Estates of Scotland before who did conveen in Parliament whether the King would or not as that Parliament which did imprison donald the 70. King the Parliament at Scone which summoned King Culenus before them that Parliament which
never yet heard of that a King was crowned in Scotland but by a lawfull Parliament whose deed was valide if this deed of that Parliament was not valid let wise men conjecture what the consequences will be It is true they except in their Act 9. All such Acts as were passed in any meeting of Parliament or committee of Estates authorized by his Maj. presence But his Maj. presence will not make every company of men a Parliament yea his being present with them at any of their Sessions sayeth he owned them as a lawfull Parliament 2. How ever all these Acts which concerne himself seing he was not present at their making are null 3. How cometâ—… it to passe that the Kings presence Anno 1641. did not availe to keep that session of Parliament from a stroke with the rest And furder it appeareth that they annull the Parliament 1650 1651. altogether because if that had been a Parliament it had been the first Parliament of King Charles 2 so the Parliament 1661. had been his second Parliament But the Parliament 1661. is called his first Parliament therefore there was never a lawfull Parliament before in his reigne thus by their principles he hath never been crowned in Scotland as yet What a Premunire they fall into here let lawyers judge Fourthly There was as little reason to condemne these meetings counsels conventions of the subjects at the begining of the late work Because those meetings were necessary for the defence of Religion against the bloody Prelates who were seeking the overthrow destruction of all 2. Nor is there any Act condemning such which can with any colour be allaiged except the Act of that Parliament 1584. wherein things were carryed on by a strong faction in great haste for they had five Sessions in three dayes with great secrecy for the Lords of the articles were sworne to secrecy the dooresâ—… were keeped closse all the time of Parliament See laborious Mr Petree his History pag. 442 and the Act of this Parliament did mainely strick against the assemblies of the Church for that was the thing designed 3. What ever can be made out of this Act against civill meetings it will not stricke against those meetings because the Parliament 1640 in their Act 29. hath showne the true meaning thereof to be otherwise saying It cannot be extended against any councells conventions assemblies committees or meetings made holden keeped by the subjects for mantenance and preservation of the kings Maj. Religion lawes and liberties of the kingdome or for the publick good either of Church or state this Act was approved by the large treaty againe by the next Session of Parl. An. 1641. where the King himself was present 4. The secret councell which then was did approve of these conventions or tables as they were called so did his Maj. commissioner thereafter So then these meetings might be warrantably keeped for God's glory the removeing of the just grievances of the subject being no wayes prohibited by the municipall lawes which onely disallow such conventions as are for disturbance of the peace or usurpation against authority neither of which can be allaiged here for no invasion violence offer of wrong by word or deed to any person no not even to these against whom they had justly complained followed thereupon And those meetings were onely to consult upon the most fit humble way of supplicating his Maj. for the most convenient propositions to be presented to his Maj. to the Parliament to the assembly all which are most compatible with the loyalty duty of good subjects do no wayes encroach upon authority seing they assumed not any judiciall determination in any matter of state civill or ecclesiasticall but by voluntary instructions and opinions every one to another in a common cause of religion did resolve what might be most conduceable to their lawfull and just ends To use the words of the protestation Decemb. 18. 1638. Fiftly Nor is there just warrand ground upon this account to annull the League Covenant Because 1. It was against no municipall law for as to that 12 Act of the Parl. 10 of King Iam. 6. Anno 1585. it is so explained by the 29 Act of Parl. 1640. as that it cannot be extended to any bands leagues made for the preservation of the Kings Maj. Religion lawes liberties of the Kingdome or for the publick good either of Church or state and this may be furder cleared by vieuing the 43 Act of Queen Mary which the forecited Act of King Iames 6. relateth unto ratifieth for that Act is to be understood of particular leagues or bonds of man-rent as they called it or maintenance respectivè that by privat persones in brugh land therefore cannot be understood of leagues or bonds made by the body of the land in their representatives in Parliament which hath so much power in making of leagues that without their consent the King cannot make a league as is clear by a league which King Robert 2. consented unto betwixt Scotland France England which was annulled because it wanted the Parliaments consent for sayeth Buch in the end of his 9 book neque enim ipse pacem vel inductas facere poterat nisi ex sententiâ publici conventus nec firmas polliceâ—… sine publico decreto He could neither make nor promise truce or peace without the Parliaments consent in the Parliament 10. King Iam. 6. Anno 1585. among the unprinted Acts there is one containing the assent of the Parliament for concludeing of a league with the Queen of England 2. The Parliaments of Scotland have made leagues with forraigne Princes without the Kings consent as that Parliament which deposed the Queen Mother from her regency did enter in a league with the Queen of England 3. All leagues bondes made by the Parliament were ratified by this King by his solemne oath both before at his coronation and therefore none in conscience could condemne these bonds or take an oath importing the same What is more allaidged against the league covenant shall be fully examined hereafter Sect. 2â—… Sextly Nor was there just cause upon this account to condemne Scotland for aideing assisting of England in their straite extreame danger Because 1. It is a most ordinary thing for one nation to send help relief unto another thus the french the Englishes helped the Hollanders The king of Britaine offered to helpe the Rotchell the Palatinat 2. It was against a common enemy a popish prelaticall malignant faction seeking the ruine of religion lawes liberties in Scotland as well as in Engl. By the light of nature a common fear uniteth even these who are furthest divided so while Scotland fought for England they fought for themselves their own saiftie what ever law will warrand nations now to joyn together against the Turk will
other reason then if he keep the conditions on which he was created emperour By the lawes themselves it is provided that the superiour Magistrat shall not infringe the right of the inferiour and if the supriour Magistrat exceed the limits of his power and command that which is wicked not onely we need not obey him but if he offer force we may resist him Upon these grounds did those worthies resolve to defend themselves by armes 2. Next they have the exemple precedent of the protestants in France who in the reigne of Francis 2. Anno 1559. being oppressed with the Guisian faction assembled themselves consulted lawyers divines concerning resisting of the king in that case it was resolved That they might lawfully oppose themselves against the governement which the house of Guise had usurped when needfull take armes to repulse their violence If the princes who in this case are borne magistrats or some one of them would undertake it being ordered by the states of the realme or by the sounder part thereof See Gen. history of France pag. 682. 683. So Anno 1614. The prince of Condee with other princes Peers dukes noblemen officers of the crown conveening at Meziers wrote to the Queen compleaning of diverse grievances wrongs sought remedy redresse by the assembly of the three estates protesting that they desired nothing but peace and the good of the realme that they would attempte nothing to the contrary unlesse by the rash resolution of their enemies who covered themselves with the cloak of state under the Queen regents authority they should be provoked to repell the injuries done unto the King state by a naturall just and necessary defence see the continuation of the life of Lewis the 13. pag. 59. c. So in the reigne of Charles 9 when all Acts of pacification were broken after many fruitlesse petitions and vaine promises they take up armes whereupon a bloody civill warre ensued when this King contrary to his oath An. 1572. caused that massacre at Paris the protestants in Languedoc Rochel other parts took up armes in their own defence So when Henry the 3 came to the crown the protestants saw a necessity of standing to their defence being assaulted they manfully defended themselves againe when the peace which was now concluded was broken by the instigation of the Catholick Leaguers The King of Navarre the Prince of Condee the Marshall of Montmorancy others resolved to defend themselves whereupon followed a sixt civill warre which ended in a new peace Anno 1580. So in the reigne of Lewis his son when the Queen mother who was then regent would give no redresse unto the protestants just grievances The prince of Condee divers others raised forces in their owne defence the duke of Rhoan other protestants did joyne with them A peace was concluded Anno 1616. but the very next year the prince of Condee is seized upon whereupon the princes meeting at Soyssons resolved to defend themselves by warre which continued Anno 1621 1622. at last a peace was concluded but it lasted not long by cardinal Richelien's meanes 3. They have in the third place the practice of the Netherlands mentioned in the Generall history of the Netherlands Lib. 9 p. 369 c. who being oppressed in bodies states by the duk of Alva the Spanyards tyranny their consciences tyrannized over by the spanish inquisition introduced of purpose to extirpat religion after serious deliberation consultation with lawyers divines learned men of all sorts did unanimously conclude to enter into a solemne covenant to defend religion lives liberties by force of armes and Anno 1572. the Prince of Orange his confederats published a protestation shewing the grounds of their riseing up in armes viz. for zeal to the countrey for the glory of God because of the inhumanities and oppressions and more then barbarous and insupportable tyranny and incroachments upon their privileges liberties and freedâ—…mes 4. They have the practice of the Waldenses in Piemont Anno 1558 1561. who being persecuted by the Lords of Trinity other Popish soveraignes assembled solemnely together to consult how they might prevent danger after long prayer calling upon God they concluded to enter into a solemne mutuall Covenant for defence of themselves their Religion did so with successe obtaining many notable victories against their persecutors See Fox Acts Mon. Vol. 2. pag. 208 209. So Anno 1571. Nov. 11. There is a league made for mutuall assistance of each other in times of persecution a copy whereof is to be seen in Mr Morland's History of Piemond pag. 252 253. 5. They have the practice of the people of Arragon mentioned by Blanca in his Comment pag. 661 652. An. 1286. in the dayes of Alphonso 3. who when there fell out a contest betwixt him the Parliament through the evill counsell of his courteours resolved to associat themselves together to raise forces it being lawfull for the common cause of liberty to contend not only with words but with armes and their suprarbiense forum or Iustitia Aragoniae which was erected of purpose to with stand the tyranny of Kings had power to resist their King with force of armes So Anno 1283. they tell Pedro 3. their King that if he would not containe himself within the Limites of the lawes they would pursue him by armes 6. They have the practice of other Spainyards as may be seen in the generall History of Spaine lib. 13 14 15. who rose in armes severall times against Pedro the I. King of Castile 7. They have the practice of the Hungarians Anno. 1608. in the dayes of Mathias for when he denyed free exercise of Religion unto the Protestants of Austria they took up armes in their own defence assembling at Horne sent a protestation unto the Estates of Hungary requireing assistance conforme to the offensive defensive League See Grimstons Imp. Hist. pag. 730. c. 8. They have the practice of the Polonians who oftintimes levied warre against their Kings as Grimstone in his Hist. Imp. Chytraeus in Chron. Sax. shew 9. They have the practice of the Danes riseing in armes against Christierne the 2. who Anno 1524. was solemnely deposed as may be seen in Chytraeus Chron. Sax. lib. 10. 10. They have the practice of the Sweds riseing up in armes against Christierne the I. for breach of his Covenant made at his coronation this was about the year 1499. See Chythraeus ubi supra 11. They have the practice of the Helvetians first three of their Cantons viz. The Suitians Vrjaus Vndervaldians Anno 1260. levied warre against their oppressing Nobles did prosecute the same twelve years Anno 1308. They joyne in Covenant to defend themselves against the House of Austria defended themselves most resolutely against the hudge armies of their adversaries upon the 16 of Nov. 1315.
calling for God giveth no command to do evill nor to tyrannize He is not God's vicegerent when he playeth the tyrant therefore he may be resisted opposed without any violence done to the office or ordinance of God As the King's messinger may be resisted withstood when he crosseth his commission warrand without any wrong done to the office or to the King Every disobedience in things sinfull is not a resisting of the ordinance of God The office may be owned the person in the office honoured esteemed as he ought when yet his unjust violence may be resisted his sinfull commands disobeyed for it is onely powers that are ordained of God that must not be resisted tyrants or Magistrats turning tyrants and exerceing tyranny cannot be called the ordinance of God though the office abstracted from the tyranny be the ordinance of God And there is no hazard of damnation for refuseing to obey unjust lawes but rather hazard of damnation in willingly following after the command And so there is no danger in resisting such Acts of tyranny for tyrants exerceing tyranny are no terrour to evil doers But on the contrary they are a terrour to good works therefore that place Rom. 13. cannot be understood of tyrants It is a true a worthy saying of famous Mr Knox in his history of Soâ—…land Lib. 2. pag. 141. There is a great difference betwixt the authority which is Gods ordinance the persons of those who are placed in authority The authority God's ordinance can never do wrong but the corrupt person placed in authority may offend So that the King as king is one thing the king Acting tyranny is another thing They plead not for rebelling against the office or resisting that which is God's ordinance They did never intend to destroy Magistracy or to lessen the Kings Maj. just power lawfull authority or to wrong the office in the least And therefore all the arguments of their adversaries taken from Rom 13. or the like places which speak against withstanding opposeing of the office divine appoyntment of God are of no force against them their cause Tyranny is one thing the office of the King is another thing And what arguments speak well against resisting the office or the person duely legally dischargeing the duties belonging to that office will not conclude against resisting of tyranny So that all the arguments taken from Numb 16. Exod. 22 28. Eccles. 10 20. 8 2 3 4 Prov. 17 26. And the like places do not speak home to their case 2. There is also a great difference betwixt riseing up in armes without any just lawfull ground or for trissles or matters of small moment as for the exacting of some more tribute then is due by the law or the like riseing up in armes in extreme necessity when religion lawes lives liberties all that was dear to them as men as christians were in hazard and this was their case for the king came with an army upon them blocked them up both by sea land thus with forraigners was seeking to subdue them so to overturne religion lawes liberties all was not this extream necessity What more imminent danger could be expected then an army of bloody papists bent to prosecute their bloody designes coming with fire sword encouraged by a commission from the king so approaching their very borders Was there not then a necessity an extreme inevitable necessity to rise up in armes for the saiftie of religion lawes lives liberties when all was thus in most imminent danger Should the Parliament the whole body of the land give up unto the lust of these bloody irish popish prelaticall malignant enemies their own lives the lives of their wives children their liberties as men as christians Should they sell religion the land their soulls their consciences unto those men because for sooth they had a commission from the King there is no reason in the world for this Therefore seing there is nothing more dear to people then their religion their lives their liberties a warre raised in the defence of these cannot be accounted a warre raised upon trissles or sedition faction or mutiny but a necessary defensive warre not raised upon privat injuries discontents But upon matters of the greatest importance necessity viz to prevent the extirpation of religion the subversion of lawes liberties the destruction of lives all Cicero de officis lib. 2. can tell us that omnium societatum nulla est gratior mella carior quam ea quae cum republica est nui cuique nosirum cari sunt parentes cariliberi propiâ—…qui familiares sed omnes omnium caritates patria una complex a est pro qua quis bonus dubitat mortem oppetere si ei sit profuturus 3. There is also a difference betuixt a war raised of purpose to force the supreme Magistrat to be of the same religion with the subject or else to dethrone him and a war raised to defend that religion which both Magistrat subject owneth Betuixt a war raised in defence of that religion which hath never been established by the lawes of the land and a war raised in defence of that religion which is publickly owned by the lawes of the land which King subject both are sworne to maintaine which by the lawes becometh a civill right a part of the civill liberty of the subject Whatever may by said against a war raised in the former case yet in this last case a war defensive is most warrantable and this was the very case of Scotland for they were seeking to defend the religion which was established by the lawes of the land which popish prelaticall malignants were seeking to overturn So that any argument which adversaries can bring from the practice of the primitive christians will conclude nothing against them because the true religion was not then established by law the emperours had never consented therunto but it was otherwise in Scotland as hath been abundantly shown Sect. 1. 2. 4. There is also a difference betuixt a violent laying of hands upon the person of the King of purpose to destroy cut him off or to denude him of his just power privilege that in cold blood too by privat persons for some personall injuries This they abhore ever have abhored and betuixt a sinlesse self defence when unjustly assaulted by armies sent by the King to destroy cut them off In pleading for a sinlesse self defence they do not plead for an illegall taking away of the life of a King Their raising of forces in their own sinlesse self defence cannot be condemned there being an actuall invasion made upon their lives liberties which made their war to be tutela vitae proxima the last refuge for the life the only remedie
admonition in her injunctions of purpose to explaine interpret the sense meaning thereof gave it this sense That nothing was is or shall be meant or intended by the same oath to have any other duty alleagiance or bond required by the same then was acknowledged to be due to the most noble kings of famous memory King Henry 8. her Maj. father King Edward 6. her Maj. brother That her Maj. neither doth nor ever will challenge any other authority then that which was challenged lately used by the saids noble kings which is and was of ancient time due to the imperiall crowne of this realme That is under God to have the soveraignity rule over all manner of persones borne within these realmes dominions countreyes of what estate either ecclesiasticall or temporall soever they be so as no other forraigne power shall or ought to have any superiority over them And this was confirmed by Parliament 5. Eliz. cap. 1. But neither did this remove the offence for still the oath did import more then soveraignity over all persones even over all causes also and it was certaine that King Henry 8. did both challenge use more power then that therefore the convocation of the clergy meeting Anno 1562. took notice of the offence saw a necessity of declareing another sense for the satisfaction of all this they did Artic. 37. declaring signifying That there was no authority in sacred matters contained under that title but that only prerogative which had been given alwayes to all Godly princes in holy scriptures by God himself viz That they should rule all Estates and degrees committed to their charge by God whether they be Ecclesiasticall or temporall and to resâ—…raine with the civil sword the stbbâ—…rn and evildoâ—…rs as also to exclude thereby the Bishop of Rome from having any jurisdiction in the realme of England this Article was assented unto by the Parliament 13. of Eliz. c. 12. is insert in the statute book But under favour any may see that this covering was not sufficient to hide the deformites of that oath as worded for all the jurisdiction of the Bishop of Rome was hereby excluded now the Bish. of Rome's power was more then civil for it was ecclesiastick also the oath gave unto the Queen that which was taken away from the Pope more over supreme governour in causes ecclesiastick importeth more then this explication doth And therefore it had been much better if no more had been intended then this explication saifly taken doth hold forth to have changed the words of the oath made them more conformable to the glosse for every one who readeth seeth this sense will not be able to discerne an harmony betwixt them the oath as worded holding forth more then the glosse hence it was that for all this glosse the English divines were put to much trouble to defend themselves when sorely pressed with the words of the oath they seemed to be at some losse disadvantage were constrained to run from the words of the oath unto the glosse which is a sufficient proof that if no more be intended by the oath then what is held forth in the glosse giveÌ„ the oath ought to be otherwayes worded hence also it is that all the followers of Erastus to this day do look upon the Church of Engl. as wholly of their judgment this puteth such divines as write against Erastianisme to great paines to search out the meaning of the English divines to answere that objection certanely these divines would have wished that the oath had been otherwise worded So that adversaries might have had lesse ground to boast of the Church of Englands being of their judgment Yea Triglandius in dissâ—…rt de Civil Eccles. pot Waveth the English divines in this poynt fearing possibly that he should not be able to extricate himself out of the thicket of difficulties which he might see before him therefore sayeth Cap. 8. Pag. 154 155. Controversiam Anglorum i. 〈◊〉 We owne not the controversie of the Englishes with Papists upon this subject aâ—… owrs for we are not of the judgment of Papists nor are we necessitated to defend our judgment by the judgment of the English divines And again in his Amapologia Pag. 726. Col. 2. Quamvis non diâ—…eamur c. Though we cannot deny but they i. e. the Englishes in respect of the usurped hierarchie there and the King's power over it have extended the King's supremacy furder then it ought to have been And Apollonius in his Ius Majestatis Part. 1. Pag. 11. telleth us that Some reformed divines in the heat of disput against the Papists out of hatred to the Roman hierarchy did turne a little out of the right way that they spoke according to the lawes of that Kingdome common-wealth in which they lived This especially is to be noted in those divines who wrote of the King's supremacy in the Kingdome of England The learned have seen the writtings of Lancelot Tooker Burchill Thomson and Salcobrig c. And the writtings of their adversaries who debated with them concerning the King's supremacy all who are not slaves in their judgments unto the great ones of the World may see clearly that there are failings on both hands And againe out of Didoclave Pag. 43. he telleth us That albeit they did blote out the metaphoricall title of the head of the Church lest it should give offence put in its place the Supreme Governour Yet the sense was the same for Henry of Salisburry sayeth That the King of England is the primat of the Church of England that he is a mixed person having both Ecclesiastick temporal Jurisdiction that in a supreme way proveth from the statute I. Eliz that the jurisdict Eccl. which was or might have been exercised by any spirituall or Church power for visiting the Ecclesiastick state order for reforming bringing into order punishing Churchmen all sort of errors schismes abuses offences enormities within the Kingdome is for ever annexed unto the Crown So that it is too too apparent that severall of the English divines run a furder length give a larger exposition of the supremacy So dangerous a thing is it to admit of oaths which must have strained glosses commentaries for clearing of them which the words will not in a faire construction bear moreover if any consult the later actings of King Parliament there in England they shall see a far other sense put upon it such as plead for the present change of Church government there walk much upon this supremacy particularly the author of the grand case asketh how any man who hath taken or is willing to take that oath can speak against the King's power of setting up what forme of Church government he pleaseth in the Church which whether it may not make Englishmen of a truely tender conscience
Kingdomes in Scotland that Christ was a King the Church his Kingdome that he himself was a subject unto Christ a member of his Church neither head nor King thereof that the spirituall office bearers to whom he had committed the government of his Church had power warrant to conveen But the King went on told the Ministers thereafter That there should be no agreement betwixt him them untill the marches of their jurisdiction were rid that they might not speak in pulpit of the affaires of the Estate or Councell that no Generall Assembly should meet without his special command that Church judicatures should meddle with fornication luch like scandalls but not with causes whereupon his lawes do strick shortly thereafter Mr Blake was summoned did decline his declinature was owned by severall hundereds of Ministers when King Iames saw this he laboured to ensnare the Ministery therefore invented the bond which was mentioned Sect. 1. Pag. 27. whereby any may see what was intended designed But when he is in possession of the crown of England then the poor Church findeth his hand heavier then formerly for Anno 1606. Six Ministers were convicted of treason condemned for declineing the councell as an incompetent judge in matters ecclesiastick all by vertue of the Act of Parl. 1584. And the Parliament which did meet that yeer 1606. to make all sure did acknowledge his Maj. soveraigne authority princely power royall perogative privilege of his crown over all Estates persons and causes whatsoever and ratifieth approveth and perpetually confirmeth the same at absolutely amply and freely in all respects and considerations as ever his 〈◊〉 or any of his royall progenitoure Kings of Scotland in any time by gone possessed used and exercised Thus was the copestone of this supremacy put on againe And at that pretended assembly at Glasgow Aâ—…no 1610. it was acknowledged that The indiction of the Generall Assembly did appertaine unto his Maj. by the prerogative of his royall crown And it was ordained that the oath which is set down before pag. 37. be sworne by all ministers at their ordination the Parliament which conveened Anno 1612. ratified all this And finally Anno 1633. in the 1 Parl. of King Charles Act 3. that Act which was made Anno 1606. was againe ratified this conclusion was drawne from it that he hath power to prescribe what apparell he thinketh fit for Kirk men which was done of purpose for this end that his Maj. might with greater facility get the use of the surplice by Ministers established by law and practised And now by all this any may see what is the nature of that supremacy which the higher powers have been all alongs grasping after which the faithfull servants of Christ have been withstanding according to their power But in the last place the sense meaning of this late Parliament which did tender the oath must be sought out of their acts actings out of some commissions granted by his Maj. thereby it shall be seen what ground there was of scrupling at the oath how the feares of such as did then scruple at the oath were not groundlesse seing the after actings of king Parliaâ—… have abundantly confirmed the apprehentions which such had of their giving to the King of his taking more power in Church matters then themselves would then acknowledge or confesse did belong to him Now for clearing what power was then is now assumed by given to the King in Church matters these particulars may be noticed 1. When these Six or Seven Ministers who were cited before the Parliament had offored a sense in which they would willingly have taken the oath they could not be heard though they granted unto him in their sâ—…nse offered as much power in Church matters as the word of God the confessions of faith both of the Church of Scotland of other reformed Churches did allow for they did grant that his soveraignity did retch ecclesiastik causes objectively though in its own nature it was alwayes civill extrinsick But this did not satisfie therefore it was evident enough that they did intend some other thing by that oath then every one could well see 2. In the 4. Act of their first session it is made a part of the Kings prerogative That none of his heighnesse subjects of whatsoever quality state or function presume to convocat conveen or assemble themselves for holding of councells to treat consult determine in any matter of state civil or ecclesiastick except in ordinary judgments without his Maj. speciall command of expresse license had obtained thereto under the paines c. By which it is apparent that they will have no Church judicatories without his command or license otherwise his prerogative is violated so it is a piece of his perogative supremacy to have all these assemblies depending â—…o upon him as civill meetings do that is that they shall be null without his expresse consent and command for this part of the act is in every word conforme relative to that black act Anno 1584. viz act 3. parl 8. King Iam. 6 by which all Church judicatories which had been set up conforme to the second book of discipline viz sessions presbyteries synods were discharged 3. In the 16 Act of the first session concerning religion and Church government they say That as to the government of the Church his Maj. will make it his care to setle secure the same in such a frame as shall be most agreeable to the word of God most suiteable to monarchicall governement most complying with the publicke peace quyet of the Kingdome in the meane time his Maj. with advice consent foresaid doth allow the present administration by sessions presbyteries Synods So that by this act it is clear that they think that there is no particular forme of Church government sâ—…t down in the word 2. That every nation is left at liberty in this to choose what forme they will as most suitâ—…ing to civil government complying with the people temper 3. That he is judge of what forme of government is most agreeable to the word of God 4. That this governement must be some other government then that which is by Sessions Presbyteries and Synods which is but allowed in the interim 4. There is a commission or act from his Maj. for a Nationall Synod ratified by Parliament in their second Session which is worth the noticeing the Act is thus worded For as much as the ordering disposall of the externall government of the Churh the nomination of the persones by whose advice matters relating to the famine are to be setled doth belong to his Maj. as an inherent right of the Crown by vertue of his prerogative Royall supreme authority in causes Ecclesiastick And in prosecution of this trust his Maj. considering how
excellent Voâ—…t ubi suprâ—… Pag. 189. Quaest. 11. 9. That no Church canon or ordinance hath any effect force or validity but what shall be approved confirmed by him or his commissioner for so much doth the fore cited Act import now who but he who hath drunken in the opinions of Erastus Arminians will assent unto this It is true the canons ordinances of a Church judicatory cannot have the strength of a municipall law without the Magistrat's civill sanction But yet they may have the strength of Church Canons whether he approve of them or not as the Acts of the Councell at Ierusal Act 15. of all other Synods Assemblies which the Church had dureing the first three hundered yeers had Otherwise the Church should be in a hard case when the civill Magistrat did refuse his concurrence as hath been oft hinted in a better case under heathens then under Christian Magistrats Therefore this could not be assented unto 10. That all Church Canons are his proper Acts flow natively from him his power for the meeting is but for Counsell advice to him all which they say is without force unlesse he approve it as the Act sayeth so all their Acts Canons are his only not theirs But this could not be granted because 1. what ever he doth as supreme Governour or Magistrat is a civill Act no Church Act so no Church Canon 2. No Church Canon can be made by any but by Church Officers who are impowered by Iesus Christ for that effect but the Magistrat as such is no Church Officer 3. This power is without all warrand of Scripture therefore can not be acknowledged Thus you see what incroachments upon the Privileges of the Church the taking of this oath thus sensed by them carryeth along with it albeit there be some Erastians others who take these for no incroachments but trutâ—…es Yet reformed divines such as famous worthy Voetius Apollonius others have sufficiently manifested them to be grosle errours because the end designed in this undertaking is satisfaction to orthodox reformed sound divines with whose principles the present suffering Church of Scotland doth accord it is accounted sufficient only to mention those things which the taking of this oath as explained by their Acts deeds who tender it would clearly import an assenting unto But to proceed 15. By this oath They should grant that the Church is very imperfect so long as she wanteth a Christian Magistrat for she wanteth a chief Officer And hence it will follow that the Church in the dayes of the Apostles some hundereds of Years thereafter was imperfect as to its Constitution wanting this supreme Governour Otherwise they must say that Nero Caligula the rest of the Roman persecuting Emperours did sufficiently fill up this place And that the Apostles did upon the matter would not have refused plainely to have affirmed that these persecuting heathens were supreme Governours over all persones in all causes Civill Ecclesiastick But none of those can be affirmed with any probality or shew of reason 16. Yea by taking this oath They should grant that the Apostles primitive Church walked not regularly in the matter of governing the Church Because they acted with no such subordination unto the supreme Magistrat who then was they derived no power from him as their supreme Governour in causes Ecclesiastick To say that necessity did put them to this is but a poor defence for then out of necessity the primitive Church did rob the Magistrat of his power or else this power agreeth not to all Magistrats but only to Christian Magistrats it so it cannot be a power or Privilege annexed to the Crown And further it doth not agree to them as Christians nor yet as Magistrats otherwise it should agree to all Christians to all Magistrats which is false therefore i cannot agree to them as Christian Magistrats for as learned renowned Doct. Vâ—…us sayeth Polâ—…t Eccles. Pag. 137. Duo subjecta principia formalia quae non sunt unum auâ—… unâ—…a per se non possunt fundare effectum formalem per se unum sc. ex gr Homo unus si sit Consul Patâ—…r non poteâ—… dici habere potestatem consularem in cives qua Consul-paâ—…er nec potestatem patriam in sâ—…ium quâ Pater-consul 17. By taking of this oath They should yeeld unto the opening of a door unto the utter destruction overthrow of all Church judicatories for by their judgment who tender that oath the King is the fountaine of all Church power who ever executeth any Church power executeth it as his Commissioner he may imploy in this bussinesse whom he pleaseth by the Act for the heigh commission he imployeth civill persones who are no Church Officers in deposeing Ministers in excommunicating so he may imploy such persons alwayes only such for he is at liberty to imploy whom he will so at length he may put aside all Church Officers so lay aside all Church judicatures handle all Church bussinesse in civill courts But what Christian could yeeld to this See Voetius ubi supra Pag. 146 Arg. 11. 18. By this oath they should grant unto the Civill Magistrat power to erect new courts which have no warrand in the word such courts as the Church had not all the dayes of the Apostles nor many centuries of years thereafter for by vertue of his supremacy he erecteth this new court called a Heigh or Grand Commission wherein civill persons meddle with Church matters execute Church censures Church-men meddle with civill matters civill censures But to yeeld to this should be to destroy all Church power to condemne the Apostles for not leaving behinde them the example of such a court the primitive Church for not setting up such a court By Presbyterian principles no judicature must be acknowledged for a court of Christ but that which hath Christs warrand 19. By taking this oath They should yeeld unto the lawfulnesse of appealing from a Church judicature unto the civil Magistrat for it is lawfull to appeal from an inferiour judicature unto a superiour by the tenderers of the oath the supreme Magistrat is a superiour judicature It is lawfull to appeall from the Commissioners unto such as have given them that commission And Ministers in these judicatories are but his Commissioners But sound divines writting against Erastus the Arminiant will justify their refuseing to yeeld to this if they should have yeelded to this they should have condemned the Generall Assemblies that declared such as appealed from a Church judicature unto the King his Councell censurable with the sentence of excommunication And approved of such perverse troublers of the Church as took this corrupt course to keep themselves from censure Moreover there is no example of any such lawfull appellation for Paul's
oath it self as worded will take in all their sense meaning For it giveth to him a supremacy of power both over Civill Ecclesistick persones causes all persons all causes will take in both supreme Governour over all these persons in all these causes will take in a great power a very large supremacy Yea the very grammaticall construction of the oath will bear this large sense fully enough Any of understanding may easily see these three things here 1. That the King is the same way supreme Governour over Church men as he is over Civill men 2. That he is made the same way Governour in Church causes as in Civill causes And 3. That he is the same way Governour over Church men in their Church capacity or in their Church causes actions as over Civil men in their civil capacities in their Civill causes actions 6. Obj. The sense can be no other then this That he is supreme Governour over all persons what ever action they be about as if he were in a ship he should be supreme Governour over all the persons there what ever their trade or occupation were of the Governour of the ship among the rest And yet it will not follow that he is the supreme Governour of the action of guideing the ship but only that the Governour of the ship while he is guideing her is a subject And just so is it here as to Churchmen Ans. Even his supremacy over civill persons in civill causes is much to be questioned as hath been said But to wave this here their Acts deeds which are more authentick interpretations of the oath then any privat conjectures speak some other thing were the oath worded thus he is supreme Governour over all Persons this objection would have some colour but when it is said in all causes yea in all causes all is wrong Next it is certane from what hath been said Sect. 10 11. that they intend more as to the civill part then that he is supreme Governour over civill persons that they remaine subjects while about civill Actions For he is made supreme Governour over civill persons in civill causes And must it not be so likewise as to the Church part seing the oath puteth no difference lesse or more betwixt them 3. One maine end of the oath was to shoulder out the Pope his power this was an immediat cognition of Church affaires a power not only over persons but over causes And what was taken from the Pope with the one hand was devolved on the King with the other 4. The simile is a plaine dissimile as it is set down but make the parallel run thus There is a forraigner within the ship challenging power of making lawes to all persons within it particularly to the pilote power of judging him in his actions as pilote betwixt whom the Prince the debate cometh to that height that he is ejected to the end he may never be re-admitted the Prince imposeth an oath upon all within the Vessâ—…ll particularly upon the pilote seamen That they should acknowledge him to be their only supreme Governour in all their actions causes And then any of ordinary capacity may discerne whether or not the pilot be not bound by his oath to acknowledge some thing more then that he is a civill subject while he is about his calling work But all this is to no purpose now seing their Acts actings make the bussinesse clear enough as is shown above 7. Obj. Where a Civil Magist. is affirmed to be Govern of his dominions by common intendment this must be understoodof a civil government may not be extended to that of another kinde Ans. With all due respect to the reverend author of this reply viz. Bishop Vsher in his speach concerning the oath of supremacy in the Starre Chamber in Irland This doth not satisfie because by the same reason might one who were clear for the primacy of Scotland lawfully swear that the Archprelat of Saint Andrews were supreme Governour of Scotland over all persons in all causes because by parity of reason when the governement of a Church officer is spoken of by common intendment this must be understood of an Ecclesiastick governement may not be extended to that of another kinde And yet no doubt this oath would be scrupled at notwithstanding of that common intendment But 2. Their acts deeds destroy that common intendment respect must be had to their intendment not to the common intendment 3. Even as to this common intendment in respect of the civil part it hath been showne what just ground of scruple there was 8. Obj. No other thing can be understood for he is capable of no more the predicat can agree no further to the subject then its capacity will permit Ans. This is a shift for Children but for none else For. 1. Such subjects are seen to assume to themselves more then they are truely by any law of God capable of 2. By this meanes one might swear that the civil Magistrat were Head husband King saviour of the Church without all hazard of perjurie for these predicats can agree to him no further then he is capable As also one might lawfully swear that the Pope were supreme civil judge of the King's Dominions yea swear the greatest untruths imaginable but such Salvo's will prove too narrow to cover perjury in the day of accounts 3. Oaths are the end of controversies but this oath should then decide no controversie For the King's power should be as uncertaine as ever it was for all this oath 4. The question is not so much what power doth really appertaine unto the civil Magistat but another thing founded on this viz. what power may one lawfully say swear doth indeed belong to him And will any be so prophane grosse as to say It may be acknowledged by oath that he hath more power then indeed he hath Such like metaphisicall distinctions will not defend from the wrath of God in the day when he shall be a swift witnesse against all false swearers 9. Obj. Is it faife to contend with heigher powers about such things bring on such sad sufferings Ans. Christians should be most taken up with duty should not value sufferings They should buy the truth by no means sell it this matter under debate is no small bussinesse whatever some may think Not to mention here the sad consequences of this oath as to the civil part thereof if the Ecclesiastick part therof be only noticed it will appear to be a matter of greater moment then every one will beleeve as may appear from the reasons mentioned Sect 12. Men who would be accounted loyal subjects unto a King of clay will think it their duty to stand contend for a small inconsiderable bit of a thing going under the name of
but the Church judicature also in so doing should acknowledge the validity of the sentence and consequently the lawfulnesse of the power from which it did slow But it will be objected 1. That that sentence cometh not from the Bishop alone but from a Synod whereof he is only the moderator Ans. Though the sentence be given out at the meeting of such as are underlings to complyers with him Yet the sentence is only his sentence this he is pleased to signifie unto all at their meeting left they should forget it so mistake him themselves both And he indeed maketh a fashion of asking their votes to the end they may be partakers of the guilt of the odium with himself But he acknowledgeth them to have no power unlesse it be to give their counsell advice But. 2. It hath been showne above that such meetings are no lawfull Church judicatures no presbyterian meetings but prelaticall conventions conventicles set up of purpose for his ends for the carrying on of his designes And their not compeering before these meetings sayeth they did not acknowledge them to be lawfull meetings therefore they cannot now acknowledge their sentence It will be objected 2. That though they ought not to be submitted unto as prelats or coâ—…rts of prelats Yet they ought to be submitted unto as the King's commissioners their sentence is in so far to be reverenced Ans. Whether they sit Act there as principall or as commissioners yet any such sentence proceeding from them is a non-habente poâ—…estatem from such as have no power For of themselves they have no such power they can have no such power from the King for nemo pâ—…test dare quod non habet the King can not give them the power which he hath not The King cannot depose a Minister immediatly It is true he may put a lawfull judicature to whom this power doth properly belong to do it or he may imprison or banish consequently put from the exercise in such a place but formally he cannot give out any Church censure of suspension or deposition against any Minister therefore he can commit no such power unto any man whether he be a civil man or a Church man And thus It is still clear that this sentence should not be submitted unto if it were no more but for this one cause because it should be an acknowledgeing of the Magistrat's power in the matter of Church censures which is an assertion unto which no sound reformed divine will assent It will be objected 3. That seing it is certane such shall be put from their Ministerie ere long however for if they submit not unto the sentence the civil Magistrat will either banish or imprisone or some other way put them from it whether they will or not were it not faifer then to prevent further suffering to themselves theirs by submitting in time Ans. It is true that in all probability the civill powers will not suffer such to preach long after such a sentence is dissobeyed But yet it is the duty of all so to carry themselves when suffering is at hand as that they may have most peace of conscience quietnesse under the crosse And it is certane they shall have far more peace who continue preaching as opportunity offereth notwithstanding of any such sentence untill some phisicall restraint or what is equivalent be laid upon them Then such as shall willingly submit unto an unlawfull sentence proceeding from an unlawfull judicature deriveing power from an empty fountaine thereby give offence great scandall both to good bad It will be Objected 4. That submission to judicaturies established by law is necessarie Either obedience active or passive is necessary otherwise there shall be no order Ans. Whatever may be said anent submission or non-submission unto the unjust sentences of lawfull judicatures Yet it will be clear that no submission should be yeelded unto the unjust sentences of unlawfull judicatures For the authors of the review examination of that book intituled Protesters no subverters and Presbytery no Papacy grant Pag. 96. This much saying we plead not for submission to officers judicatories not of Christ's own institution such as not only popes but prelates were no lawfull Church officers so that here their arguments conclude not taken from the practice of Ministers not submitting to the sentences of prelats in the Church So that then all the Church of Scotland as to this particular it seemeth was of one judgment and thought that Ministers should not submit unto prelats passing a sentence of suspension or deposition against them these prelats being no lawfull Church officers so it is clear that this non-submission in this case is no new thing in that Church but was the practice of severall worthy precious men before as the book before mentioned sheweth which instances are worth the noticeing now SECTION XVIII It is lawfull for the people to hear those suffering Ministers to meet for prayer other Christian exercises in private WHen the poor people cannot in conscience attend the ministry of such as are thrust in upon them against their will for the reasons already given their temptation groweth double upon them their trouble increaseth for now when they goe to hear such Ministers as they may lawfully hear either in publict or in private it is a cause sufficient for persecution yea or if they meet two or three together in any privat place for prayer conference or any other Christian exercise they are in hazard to be hailed to prison punished as keepers of conventicles Doubtlesse it cannot be very necessary to speak much for the justification defence of those who either have suffered or may hereafter suffer upon that account seing few who owne Christianity or know the sweet of Christian exercises and of Christian fellowshipe will condemne such as value the good advantage of their souls beyond their bodies yet lest some should be moved to think that at such a time such wayes should be forborn a little must be spoken to justify both those courses And first for their going to heare either in publick or privat such Ministers as are still lawfull Ministers what ever sentence hath passed against them have given a faithfull testimony unto the truth by adhereing to their principles notwithstanding of all the sufferings they do or can meet with much needeth not be said seing 1. They are so expresly often commanded to heare the word of truth to heare what is the minde of the Lord for by the Ministery of his servants doth God manifest his minde unto his people The priests lips should preserve knowledge and the people should seek the law at their mouth who are the messingers of the Lord of hosts It is their duty to waite at the posts of wisdomes doors this will be undenyable 2. There is an innate desire in the saints after the word
admonish one another Rom. 15 13. Presse or urge a thing upon the minde of another so instruct them aright as children are instructed this sayeth they must often be together for this end 9. They must teach and admonish one another in psalms and hymnes and spirituall songs Col 3 16. can this be done unlesse they assemble together 7. They must be kinde or profitable one to another Ephes. 4. last this sayeth they must not be strangers to other 8. They must serve one another in love Gal. 5. 13. that is they should spend themselves for one another for their spirituall advantage that in love should they not then assemble together 9. They must receive one another Rom. 15 7. that is receive with affection imbrace one another And must they then scarre at the company of one another And not rather receive other into their intimate fellowship 10. They must be subject one to another Ephes. 5 21. 1 Pet. 5 5. every one ready to give to take reproofs to from another to do service to other as called thereto this sayeth they must not live as strangers to other 11. They must confesse their sinnes to one another and pray for another Iam. 5 16. 12. They must ministere their gifts to one another 1 Pet. 4 v. 10. Obj. It will be objected that this is sedition opposeing of established lawes made for the good of the common wealth against such conventicles therefore such controvâ—…ers cannot be justified Ans. It is not for fear of any disturbance to the peace of the common wealth that such Acts are made for a few women who in all likelihood are able to do little that way may not meet together 2. The heathens did pretend this when they made lawes against the meetings of the primitive Christians And therefore their meetings were called Factions And conventicles And yet the primitive Christians did not forsake the assembling of themselves together notwithstanding of all these edicts albeit that severall times they were put to suffer upon that account seâ—… this fully made out by the learned Mr Stilling fleet in his Origines sacrâ—… Lib. 2 cap. 9. Pag. 316. c. And who then will condemne these Zealous Christians now for so doing SECTION XIX The unlawfulnesse of compeering before the high Commission Court demonstrated TO the end that the forementioned persecution of the saints servants of God might be the better carryed on There is a high commission court erected consisting of the two arch prelats some other prelats of some noble men some Magistrats of brughs some souldiers others And this number or any five of them a prelate being alwayes one of the five have power granted to them from the King who appoynteth them by vertue of his prerogative royall supremacy over all persons in all causes ecclesiastiek as was shown above Sect. 12. To suspend deprive excommunicate as also to punish by fineing consineing committing incarcerating all keepers of conventicles all Ministers who contrare to the lawes acts of Parliament councell remaine or introduce themselves upon the exercise of the function of the Ministery in those parishes bounds inhibited by those acts all preachers who come from England Irland without sufficient testimonialls or leave of the Bishops of their dioceses all such persons who keep meetings fasts at the administration of the sacrament of the Lord's supper which are not approven by authority All who speak preach write or printe to the scandall reproach detriment of the Estate or government of the Church Kingdom as it is now established All who contemne molest injure ministers who are orderly setled All who do not ordinarily attend divine worship administration of the word sacraments performed in their respective parishes by ministers legally authorized for taking the cure of these parishes All such who without any lawfull calling as bussy bodies goe about houses places for corrupting disaffecting people from their alleagiance respect obedience to the lawes And generally without any prejudice to the particulars specified all who expresse their dissaâ—…sfaction to his Maj. authority by contraveening the acts of Parliament Councell in relation to Church affaires etc. This court appeareth terrible unto the godly for the persecution of whom of none else no not the most flagitious prophane it is erected seemeth to be as a new court of inquisition But that which is more lamentable is this That there lyeth hid here a dreadfull snare for tender consciences For it is such a court as tender hearted Christians cannot but scruple to acknowledge or compeer before without a declinature the giving in of which would be accounted laese Majesty therefore in such a case such as resolved to keep a good conscience in this day of tryall defection saw a necessity of withdrawing of not compeering at their summonds even though they might have pleaded them selves innocent of any crime laid to their charge Now if any would desire to know the reasons why such a court cannot in conscience be owned acknowledged or submitted unto as a lawfull judicature let him consider these particulars lay them together he shall see clear reason for either declineing or withdrawing 1. This is a judicature meddling with censures purely ecclesiastick such as suspension deposition of Ministers excommunication both of Ministers people therefore must be acknowledged to be a Church judicature Now there is no warrand for any such Church judicature in all the new testament nor is there any precedent of the like to be found in the Gospell Christians must acknowledge no Church judicature but what hath a speciall warrand from Christ's law testament 2. This is a Church judicature having its rise power commission only from the King the King granteth this power to this Commission authorizeth this court by vertue of his royall prerogative over all persons and in all causes as well ecclesiasticke as civil So that none can acknowledge this court but withall they must acknowledge the Kings prerogative royall supremacy in all causes over all persons particularly they must acknowledge that pure proper church power doth properly reside in the person of the supreme Magistrat that he hath proper power to suspend depose ministers also to excommunicate so hath power to Commiâ—…sionat any of his subjects he thinketh good for that effect But what presbyterian yea what sound protestant who is not devoted to Erasius's Antichristian notions will or can acknowledge this 3. In this judicature civil persons as such viz. the Chancellour Thesaâ—…rer duk Hammilton Marquis of Montrose Earles Lords others who are no Church officers have power in Church matters viz to suspend depose excommunicate But this is against all the Discipline lawes of Christ's house for Christ will have the affaires of his house governed by
to any Councell But what followed upon this perfidious dealing When the report of the execution of Iohn Husse Ierome of prague spreadeth thorow Bohemia there ariseth great tumults which draw to a war under the valient renouned Iohannes Zischa which was so bloody cruell that Sigismund was forced to implore help of the Empire Memorable is that passage in the Turk's historie concerning the Covenant betwixt Vladislaus King of Hungary Amurath for Ten yeers peace the consequences of the breach thereof This Vladislaus was moved by great Kings princes as well Mahumetans as Christians also by Iohn Palaeologus of Constantinople by Francis the Cardinall of florence generall of the Christian fleet who shewed him how low Amurath was brought what faire advantages the Christians had Especially by Iulian the Cardinall who had a long speach to this end pressing him to break that Covenant having ended his discourse in name of the Pope he disannulled the league absolved Vladislus all whom it might concerne Whereupon the war was renewed against the Turks when battell was joyned near to Varna the victory began to incline to the Christians so that Amurath was thinking to flee but was stayed by a privat souldier when he saw the great slaughter of his men beholding the picture of a crucifix in the displayed banner of the Christians he plucked the paper out of his bosome which did containe the late league holding it up in his hand with his eyes cast up to heaven said Behold thou crucified Christ this is the league which thy Christians in thy name made with me Which they have without cause violated Now if thou be a God as they say thou art and as we dreame revenge the wrong now done unto thy name and me and shew thy power upon thy perjurious people who in deeds deny thee their God A little thereafter Vladislaus is killed his head is stuck up upon the poynt of a speare his army is broken Iulian the Cardinall is found mortally wounded by the way side in a desert Scarce the third part of the Christian army escapeth And long after this the warre with the Turks had very ill successe It is reported of Rodolphus duke of Suevia that being instigated by the Pope he waged ware against Henry the 4th Emperour of Germany contrary to his oath having a crown senâ—… to him with this Motto Petradedit Petro Petrus diadema Rodolpho The rock gave 't Peter Peter so On Rodolph doth this crowne bestow But in fight Rodolphus lost his right hand falling sick he called for it said â—…ehold this my right haâ—…d which hath suffered a just judgment which through your Importunity contrary to all equity broke that oath which was given to Henry my Lord and master Fuller in his history of the holy war speaking of the causes of the many losses which the Christians had in that undertaking sayeth How could saiftie it self save this people 〈◊〉 blesse this project so blackly blasted with perjurie a sin so repugnant to morall honesty so injurious to the peace quiet of the world so odious in it self so scandalous to all men to break a league when confirmed by oath the strongest bond of conscience the end of particular strife the souldier of publick peace the assurance of amity betwixt diverse nations is a sin so hainous that God cannot but most severely punish it no wonder then that the Christians had no longer abideing in the holy hill of Palestine driveing that trade wherewith none ever yet thrived the breaking of promises wherewith one may for a while fairely spread his traine but will melt his feathers soon after The fabrick must needs come tumbling down whose foundation is laid in perjury In the history of Scotland there are severall memorable passages to this purpose When Durstus the eleventh King was pursued by the Nobles for his wickednesse had promised to amend his manners He did solemnely swear to passe in oblivion all by-gones but thereafter he treacherously killed the nobles at a feast unto which he had invited them But what followed upon this The body of the Land rose up in armes against him he was killed in battell Thus did God pursue him for his perfidy It is recorded by Buchan on the life of Gregorius that the Britans after they had made a peace with the Scots did break their Covenant invaded the Scots But divine vengeance pursued them for this for they were broken defate by Gregory at Lâ—…maban their King Constantin was killed Memorable is that story of Balliol who to get the Kingdom promised swore subjection unto the King of England thereafter having received some â—…ussle at the court of England for being accused by one McDuff he was constrained to stand at the barr there to defend himself he reneweth the old league with France casteth off England contrare to his oath alledging that he was forced to give that oath that albeit he had done it willingly it could not stand because he had not the consent of Parliament without whose consent the King might do nothing in matters belonging to the whole Kingdom But these shifts could not clear him from perjury nor free the land from wrath because of that sin for war was raised at Berwick above 7000 of the Scots were killed even the floure of the nobility of Lothian â—…ife The castles of Dumbar Sterline Edinbrugh were taken Balliol himself was at length apprehended sent prisoner to London all the nobles were called by King Edward to Berâ—…ick there were forced to swear subjection to him And thus was the Kingdom keeped at under a long time by the Englishes save what liberty was obtained by renowned Sr William Wallace but this did not last long for Scotland was againe subdued King Edward called a Parliament at St Andrews where againe all the nobles except Sr William Wallace did swear alleagiance unto him this was the sad fruite of perjury which made the land mourn many a day When Cumin Bruce made a compact together at London for to endeavour the liberating delivering of the Kingdom out of the hands of the Englishes had given an oath of secrecy faithfulnesse to other Cumin perfidiously did reveal the matter unto King Edward but for his treacherie God pursueth him for ere long he is killed by Bruce in the Church of Drumfries About the year 1447. England breaketh their promise of truce unto Scotland useth some incursions to spoile Scotland But being payed home by the Scots it draweth to a warre on the south borders there England is foiled looseth 3000 beside many prisoners the Scots obtaine a great booty for the English did certanely expect the victory therefore came forth more for pompe glory then for fighting About the year 1535 the King of England sent to Scotland to commune with the King about some
solide peace agreement for the time to come offered to K. Iames. 5. Then unmarried his doughter to make him King of great Britane after his dâ—…ath in the mean time to give him the stile of the Duk of yorke King Iames pleasing these proffers assenteth câ—…descendeth on a day on which he should meet with the King of England accord upon all matters But at the instigation of the popish-Church men other courtiers who were driveing on their own dâ—…signe he breakeh his promise with the King of England And when Anno 1540. Ambassadours were sent againe from England to desire that the King would goe to York there treat with the King of England conforme to the last agreement The priests stood in the way here also with which the King of England was offended resolved to raise warrs against Scotland The result of which war was that at length the scottish forces were all scattered broken at the report of which defeate the King was so grieved vexed that within few dayes he died Againe when King Iames 5. Dieth the King of England communeth with the Scottish prisoners whom he had taken at the last battell concerning the marrying of his sone with the young Queen King Iames his doughter when they promised to do what they could without wronging either the publick good or their own credite he sent them home appoynting them to leave some pledges in their room at New castle This was in the end of the year 1542. when the Parl. conveened in March next the businesse was concluded thereafter the contract was signed by both Kingdoms solemnely subscribed in the abbay of Halirood house the sacrament was broken as the forme was betwixt the Governour of Scotland Mr Sadler Ambassadour from England But the old Queen the Cardinall being against the match stirre up all to a breach perswade those who had been prisoners in England not to return thither to relieve their pledges only the Earle of Cassiles from whose constancy faithfulnesse the Earle who now is is not degenerated but as his predecessour was sole in keeping Covenant so is he singular went according to his promise relieved his owne pledges being approven by Henry for his constancie faithfulnesse was freely set at liberty sent home But what followed upon this breach of Covenant Many sad intestine broiles and commotions tending to the weakening breaking of the Kingdom at length King Henry took occasion to avenge this breach of Covenant sent his Navy towards Scotland landing ten thousand men at Leth who did burne Edinb many places thereabout againe his army did enter the borders waste burne all about Kelso jedburgh thereafter they spoile waste all the Mers Teviotdale Lauderdale some yeers thereafter viz. Anno 1547. He sendeth a great army againe into Scotland when it lay about Pinckie there was a letter sent unto the scottish forces shewing the ground of the war not to be avarice hatred or envy but a desire of a firme â—…asting peace which could not otherwise be had then by the marriage which was proposed assented unto by the Estates an agreement thereupon sworne subscribed But the scottish army would not hear of this but resolve on battell at length were overcome suffered great lose For almost all the young nobleman of Scotland with their friends followers were killed This 10. of Septemb. 1547. may yet preach unto Scotland how God will avenge perfidy all the nobles and others of Scotland who have now broken Covenant may remember pinckie field The french History sheweth us what way the Lord avenged the bloody perfidiousnesse of Charles 9. who had broken five or six severall pacifications conclusions of peace solemnely made ratified betwixt him the protestants For he was smitten with a vehement desease causeing him to wallow in his own blood which he vomited out in great abundance by all the conduits of his body for divers houres till he died And how Henry the 3. Who had been perfidious in breaking the articles of peace concluded with the protestants first about the year 1576. where among other things he avowed by solemne declaration that the Massacre committed Anno 1572. was against all right law of armes then againe An. 1580. Was stabbed in the belly with a knife by Iames Clement a Iacobin Friar in the very chamber where the former King contrived that Barbarous massacre on S. Bartholomew's day Anno 1572. Any who is well versed in History may fill up many pages with such sad lamentable Histories concerning Gods avengeing Covenant breaking these which have been mentioned may suffice for a taste SECTION XXII The solemne league Covenant vindicated And the author of the seasonable case caet Answered THe last thing which remaineth is to shew the vanity of their pretensions who plead the nullity or non obligation of those Covenants It is matter both of admiration of grief sorrow that there should be any found within the Church of Scotland who had so far forgotten themselves as now to turn not only enemies to piety Christianity but enemies also to very humanity not only break Covenant-tyes themselves but also teach others to do the fame that without any fear of punishment either from God or man But God who is Jealous will not be mocked let men dream of exemption as they please by sophisticall chifts think to blinde their owne eyes the eyes of others God who will not hold them guilt lesse that take his name in vaine will no doubt by sad answers from heaven discover the impiety folly of these patrons of prophanity inhumanity Severall in the Kingdom of Engl. have vented their skill in that blake art of looseing the bonds of sacred Covenants But their principles tending to all prophanity have been sufficiently discovered answered by Ms Crofton Timorcus there is one in Scotland who in a late pamphlet intituled The seasonable case of submission to the Church Government c. tryeth how far his skill will reach in this art O how fitly may that of Plautus be applyed to this generation Nostra â—…t as non mulâ—…um fidei gâ—…rst Tabulaeotaniâ—…r adsunt 〈◊〉 dâ—…odecim Tempus â—…cumque sâ—…bit actuarius Tamen invenâ—…r Rhâ—…r qui factum negat But who the author is who can tell For though the pamphlet be published by orderâ—… so countenanced by authority Yet he putteth not to his name being as would appear ashamed to patronize such a bad cause least of all can he be known by the description he giveth of himself in the frontispiece 〈◊〉 lover of the peace of this Church Kingdom unlesse he meane such a peace as is the plague of God upon the heart filling it with senslesnesse stupidity lulling it asleep in his iust judgment
were sworne to maintaine according to their place power their lives lands possessions liberties as scottish men as Christians into the hands of their implacable enemies Were these valient worthies now living who are gone off the stage with honour credite heating seeing what they might now heare see how would they stand astonished at this degenerated generation that so easily quite with that which they did lose their blood lives to purchase obtaine Yea to see or heare the self same persons who but twelue or Sixteen years ago were jeoparding their lives with them for the same cause either condemning that practice or carrying themselves so indifferently now as if these matters appeared but tâ—…islles not worth the contending for Whosoever they be who now seem to be ashamed of that cause of themselves in contributeing their help for the promoveing of the same It may be thought that it was not conscience that moved them thereunto but some other ends otherwayes their judgements would not so soon alter seing there is no other argument now seen but the winde changed from south to North which dispensation useth not to worke much upon consciences what ever it may do upon other principles If the former generations had been of such a cowardish disposition how had Scotland been delivered If they had walked upon no other principles but such as would have changed when the storme did beginne to blow upon their faces where had the land been ere now And if there be no other spirits in Scotland this day where may it be imagined shall that Church be found ere long 7. Thou mayest hereby be more enabled to disput against prelacy then possibly thou was having now seen how what way it was brought in into the Church formerly how it is ushered in to day And when it is established by force over the Churches belly how it proveth the bane of all Church order piety edification And this is a strong argument to prevaile with such as have the root of the matter in them enough to make them question such a way as no way of Christ's To say that the abuse of the power by such as are in possession of it will not plead much against the power it self will be of â—…o fore in this case where the jus of the power cannot pretend heigher then to be humanum And if its admirers should alledge that it is founded upon a jus divinum These necessary consequences as so many propria quarto medo will sufficiently ground an improbation Scotland never saw prelates without such a long traine of hellish consequences discovering to any judicious eye their rise to be from below And if the prelats now in place had thought it of their concernment they might have cut off that long taile but it seemeth if they had done so they would have lost somewhat that they thought essentiall to themselves therefore as if they had thought all the abuse whereof their predecessours were guilty was their too much lenity forbearing to persecute the godly banish piety They have made the poor Church feel that their little finger is heavier then the loynes of their forefathers And so the argument of the vulgar is confirmed with a witnesse become more unanswerable then ever 8. Thou mayest likewise have arguments put into thy mouth whereby to defend thine own practices in standing to thy former principles stope the mouth of thine adversaries before thou was willing to suffer for Christ his interest though thou could not disput much for him his truth that was a great evidence of love And now thou mayest get some help in disputing for the truth by the arguments set down in the following sheets And the few arguments which thou will finde there may bring others to thy minde thus thou mayest be helped to meet thine adversary without fear 9. But if these adversaries be of such a disposition as to take advantage of thy speaking or argueing for truth to bring thee into trouble therefore in prudence thou will think it best to keep silence Thou mavest here by be confirmed in thine own minde of the unlawfulnesse of such courses as the current of the times would draw thee unto as it doth others how unjustly thou art persecuted for refuseing to comply with such sinfull wayes And further because it is like the malice of Satan his instruments will not rest here but they will still be deviseing new wayes to lay snares for the consciences of such as walk uprightly by what is said to the particulars handled in the following sheets thou mayest be helped to judge of new emergent questions which thou mayest be exercised with afterward so to know how thou oughtest to carry thy self in reference to these new tryals 10. Thou mayest have some ground of hope That the Lord's end in suffering this sudden sad Change to continue so long is but to juâ—…ge more fully his Church from the much drosse corruption which otherwayes in all probability had never been purged away It is possible that these by-past yeers of prosperity her most afflicted condition being a prosperous state when compared with her present condition have done the Church of Scoâ—…l more harm by reason of corruption within then many yeers of sad adversity shall do The former prelats had a time before they came to their height all those many yeers wherein hâ—…y were on the riseing hand after they came to the possession of their full power the Lord was trying purging his Church And at length when his time came who waiteth that he may be gracious loseth not a fit opportunity of doing good to his Church people he brought the Church of Scotland out of the furnace laid her stones with faire colours her foundations with Saphites So that the yeers 1638 1639 were as glorious years as any which she hath seen since And these prelats though they have made great haste in their rise yet must have some time to do that work in which the Lord is imploying them as his lixes one day discovereth more now then a yeer formerly could have done One prelat blessed be the Lord who is master of work doth more then many purging committees could do Why then should we weary We know not what the Lord is about to do but when we consider what were his dispensations in former times unto that Church we may now hope that he will bring the Church of Scotland out of the furnace as faire beautifull as ever if not more So that these who saw the foundation of the old temple laid An. 1638. c. Shall not have cause to weep when they see her foundations laid of new the Lord reviveing the stones out of the rubbish which are burnt If his people were humbled did not stand in the way of their own mercies who can tell what