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
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
what he many other brethren had to object against their office Mr Iames Laâ—…son did seconde this moved the debate touching the lawfulness of the office it self Mr Andro Melvin affirmed that none ought to be officebearers in the Church whose titles were not found in the Book of God and for the title of Bishop albeit the same was found in scripture yet was it not to be taken in the sense that the common sort did conceive there being no superiority allowed by Christ amongst Ministers he being the onely Lord of his Church and all the same servants in the same degree having the like power These beginnings the Lord was pleased so to seconde with his blessing that when it was moved by the Regent whether they would Stand unto the Policie aggreed upon at Leith or setle some other forme of governement It was resolved that a constant forme of Church policy should be sett down for this â—…ffect they nominate twenty of their number to meet at severall times places for the drawing the Modell thereof And accordingly after some pains the second Book of Discipline is finished Anno 1577. at the Generall Assembly Sess. 13. approven in all points except that touching Deacons which was referred to farther debate but Anno 1578. that head with the rest was approven by the unanimous consent of all though Spotiswood will not let the world know so much When this Second Book of discipline is thus appoven by the Nationall Assembly after prayer fasting they appoint some of their number to exhibite it to his Maj. to the end he might add his approbation thereunto Unto whom the King being then about 13. years of age did promise that he would be a proctor unto the Church caused some of his Counsellours conferr with those Ministers upon that business the heads of which conference were once insert in the Registers of the Assembly but Anno 1584. when the Court had power of the Registers those leaves were taken a way seen no more as shall be cleared hereafter and again Anno 1579. the King wrote unto the Nationall Assembly desiring a farther consultation upon the heads on which his Commissioners and their delegats did not accord the last year to the end that when all the particulars are fully aggreed upon they might be approven in the ensueing Parliament in the mean time the Assemblies are going on prohibiting any moe bishops to be chosen ordaining such as were chosen to submit themselves to the determination of the Generall Assembly under the paine of Excommunication accordingly some then all of them afterward did submit So Anno 1580. they ordained that all who were called bishops should dimit simpliciter because that office had no warrand in the word they ordained Provinciall Synods to call before them such bishops as lived in their bounds ordaine them to give obedience to this act His Majesties Commissioners who were present at this Assembly of Dundy did concurr with this Assembly in appointing some of their number to consult about the Modell of the Presbiteries In this same yeer in the moneth of March for as yet the new year did not begin untill the 25. of march is the Nationall Covenant solemnely taken by the King his Councill Court afterwards by the inhabitants of the Kingdome in which covenant prelacy under the name of Romish Hierarchy was abjured as shall be cleared in due time the Doctrine Discipline of the Church was sworne to be defended Anno 1581. in Aprile at Glasgow the Generall Assembly did insert the book of Discipline in their Registers did show how the act touching Bishops made at Dundee Anno 1580. did condemne the estate of Bishops as they were then in Scotland Unto this Assembly his Maj Commissioner William 〈◊〉 of Caprintoun presented the Confession of faith subscribed by the King his houshold as also a plot of the presbiteries to be erected mentioning their meeting places appoynting the severall parishes which should belong to such such presbiteries with a letter to the Noblemen Gentlemen of the countrey for their concurrence for the erection of presbiteries dissolution of Prelacies in his Maj name he promised that his Maj would set forward the policy until it were established by Parliament thus presbyteries began to be erected throughout the Kingdom This was a sweet sun-shine but it was followed with a very sad showre for when Amate Stuart of Aubignee afterward Duke of Lennox obtaineth by the death of the Earle of Mortoun who was executed the banishment of the Earle of Angus the superiority of Glasgow other things to secure the same to him his posterity he aggreeth with Mr. Robert Montgomery Minister at Sterlin to accept of the bishoprick to dispone to him all which belonged to that bishoprick for the yearly payment of one thousand pound Scots some horse-corne poultry which when the Church heareth he is summoned before the Assembly at St. Andrews commanded to leave the bishoprick under the paine of Excommunication the Presbitery of Sterlin is appointed to take notice of his cariage in doctrine discipline for they had found him guilty in 14 or 15 points but he went on notwithstanding the presbitery had suspended him from the exercise of the Ministry he procured an order unto the presbytery of Glasgow to receive him as their Bishop under the paine of banishment with a company of armed souldiers entred the Church pulled Mr. David Weems out of the pulpit being summoned to compear befor the Synod of Lothian the King causeth summond all the Synod to compear before him at Sterlin the 12 of Aprile Mr. Pont some others compeared in name of the rest protested that albeit they had compeared to testify their obedience to his Mat. yet they did not acknowledge him or his council judges in that mater which was an Ecclesiastick cause that nothing done at that time should prejudge the liberties of the Church But the Council rejected the protestation discharged them to proceed any further And shortely thereafter when the Generall Assembly is examining his processe the King sendeth a letter to them discharging them to proceed any further when they went on notwithstanding they are charged by a Messenger of armes to desist under the paine of Rebellion but they thinking it better to obey God then man ordained Mr. Montgomerie to compeer befor them the next day who compeered not onely a Proctor in his name appealed unto the King The Assembly did reject the appellation proceed to examine the libell given in against him finding him guilty of many hainous crimes they ordaine him to be deposed excommunicated but ere the sentence be pronounced they appoint some of their number to aquaint his Maj. with their whole procedure And ere long Mr. Montgomery submitteth passeth from his appellation acknowledgeth his faults
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
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
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
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
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
noble just much owned honoured of God There is the greater ground of hope that God will helpe such as shall undertake the defence thereof the cavils of men who may be looked upon as 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 in most of these particulars are tâ—…e lesse to be feared But Christian reader what entertainment so ever it shall have with these who have out lived their zeale integrity have shamefully declined in the day of tryall And have betrayed the cause interest of Christ therefore shall looke upon themselves as not a little concerned herein pinched hereby being unwilling to have their evils ript up laid open to the view of the world Let it have a Christian entertâ—…inment with thee though it come late to thy hands through the injurie of the times let it not be the lesse welcome If the Lord shall be pleased to blesse it it may be of use for thy strengthning in this growing storme upon severall accounts grounds whereof I hint but a few 1. By what is said here thou mayest see that the cause thou sufferest for is the good old cause That same Spirit which acted the Prelats other enemies of the Church of Scotland from the beginning is now raging in her present enemies The same designe is hath been endeavoured driven on all a longs How various so ever the pretexts colours have been under which they have sought to cover themselves the covering hath proved too narrow for them first prelacy then popery was intend first last It is the same cause in the defence of which Christs worthies of old did act suffer so long as they could stand in the defence whereof they were not afrayed to beare the displeasure of King court to hazard life liberty all which waâ—… dear unto them If then the same Spirit doth act worke in the enemies of the Church now which did act worke in their predecessours of old pray thou that the same Spirit of God may act thee all the faithfull of the land which did appeare in the worthy valiant Champions of old whether thou be called to act or suffer for his sake 2. Thou mayest know from what is here related that the cause for which thou art now suffering was brought very low before these times And that the adversaries thereof have often got up to a great height yet the good cause hath got above them And how Acts of Parliament one after another all the devices of the adversary to seale the grave And to make it sure could not keep this cause of Christ from a glorious resurrection Many a time have they afflicted me from my youth might the Church of Scotland then have said many a time have they afflicted me from my youth yet have they not prevailed against me The plowers plowed upon my back made long their furrowes The Lord is righteous he hath cut asunder the coards of the wicked And shall it not yet hold true that all they who hate Zion shall be confounded turned back be made as the grasse upon the house topes which withereth be fore it be grown up There is no cause of despondency of spirit or of giving over the cause as lost there is hope in Israel concerning this matter his people may still hope trust in his name who hath wrought salvation of old He who did put that wicked party to shame confusion of face in former times made the name of Prelats to stink their posterity to be as cursed vagabonds wandering up down bearing the marks of god's displeasure still liveth reigneth doth no more approve of the Ungodly of this generation Nor of their more then barbarous carriage who have laboured to out strip their predecessours in perfidious treachery Then he did them who of old did set themselves against the Lord his Christ yea much lesse It is true the men of this generation think they have pins for stopping of such holes which their predecessours could not stop but he who sitteth in the heavens doth laugh at them hath them in derision He seeth that their day is coming It is easie with him to cause the sword which they have drawn to slay such as are of upright conversation enter into their own hearts to break the bowes which they have bent to cast down the poor needy Our God liveth reigneth shall reigne let Kings of clay rage as they will Therefore cast not away your confidence which hath a great recompence of reward for yee have need of patience that after ye have done the will of God ye may receâ—…ve the promise For yet a little while he that shall come will come will not tarry 3. Thou mayestsee that this cause work against which the wicked have conspired set themselves hath been signally owned approved of by the Lord for which he hath fought 〈◊〉 his right hand done valiantly whereby he hath got himself a name among the nations And who knoweth what God will yet doe for his great name which in this day of rebuke blasphemy is greatly reproached Hath he begun will he not finish his worke It is true the provocations of his people doe keep them long in the wildernes yet he who hath frequently wrought for his names sake that it should not be blasphemed amongst the heathen will still be tender of the same sith at this day there is much blasphemy belched forth by persons of all ranks against the great glorious works of God as much if not more then at any time or in any age wherein hath been lesse light The people of God need not be hopelesse much lesse conclude That God who is jealous of his own glory will not give it to another will suffer it now to be given to the devil on whom his work is fathered But rather will certanely be avenged on those prodigiously unparallelably impious sacrilegious persons How dreadfull a thing is it to say that Christ casteth out devils by Beelzebub the prince of devils 4. Thou mayest see clearly that the cause for which thou dost now suffer is the cause of Christ His enemies would pul the crown from off his head the scepter out of his hand by this meanes make him no King in over his Church consequently no mediatour For as mediatour he is a King in over his Kingdome that is his Church in which he dwelleth over which he ruleth with his scepter of righteousnesse They will not have his Kingdome a free Kingdome consequently they will not have him a free King They will not allow to him the liberty of appoynting or instituteing his own officers or to rule his Kingdome by his owne lawes courts ordinances censures Nor will they suffer Church-administrations to be performed in his name authority as in
men look upon them account them no better then their slaves underlings And would acknowledge God's equity justice in this dispensation at length see mourne for their sinne which is so legibly as with capital characters written upon their judgment May it not come to passe that these Zelots for prelacy shall weary of this yoke wish as earnestly for the day wherein they may be delivered from this bondage as ever they did longe for the day wherein they might have their necks brought from under the sweet gentle yoke of Christ May not the peers body of the Land come at length to supplicate his majesty to loose this yoke from off their necks when their Scottish some time generous spirits shall not be able any longer to endure such unsufferable slavery This is not impossible nay nor improbable Though it were to be wished That they might Act that way upon some other principles principles of piety godly tendernesse That seèing their injury done to Christ in shaking off his governement lawes willingly following after the commandements of men mourning therefore they might lament after the Lord seek him with the whole heart engadge themselves in a Covenant with the Lord to be for him to the utmost of their power bring the land back againe to seek the Lord God of their fathers that he may have mercy upon them heal their backslideings builde up the walls of his Church make her a praise in the earth But whether the Nobles other inhabitants of the Land shall think of these indignities seek for a remedy or couch under the burden as ashamed once to desire to have the yoke shaken off which they themselves with so great delight deligence have fastened about their necks with their own handâ—… Yet it doth well become the godly of the land to be sensible of the great grievous wrongs which are done unto Christ to his Church work to cry out continually complean of these oppressions unto the Lord who will hear the cry of the oppressed will be a refuge for them judge them that the man of the earth may no more oppresse when now he seeth that she is oppressed without cause to watch carefully that the continuance of the tryall oppression weare not out the sense of these incroachments intolerable pressures lying upon the Church upon the consciences of the Lord's people And that no deadnesse seize upon them but that still the memory of the good old cause be fresh with them pressing them dayly to renew their earnest supplications to wrestle seriously with God that he would be pleased in his own good time to break the yoke of the oppressour according to his promise Isa. 49 25 26. Take away the captives from the mighty and deliver the prey from the terrible and contend with them that contend with his Church save his children and feed those that oppresse them with their own flesh and make them drunken with their own blood as with sweet wine That all flesh may knâ—…w that â—…e the Lord is their saviour ând their redeemer the mighty one of Iacob He hath said that for the oppression of the poor and for the sighing of the needy he will arise and set him in saifty from him who pusseth as him The words of the Lord are pure words as silver tryed in a furnace of earth purified seven times Therefore his people are called to waite upon the Lord. The vision may yet be for an appoynted time but at the end it will speak not lie though it tarry they must wait for it because it will surely come will not taâ—…ry His people are called now to minde duty to look what the time the opportunity the dispensation under which they are at present calleth for It is not good for them to be slacking their diligence but rather they should waxe strong in the Lord in the power of his might It is not good for them to faint sit up now as overcome with impatience hopelesse despondency of spirit but patience should have its perfect work Be stedfast therefore dearly beloved unmoveable alwayes abounding in the work of the Lord Forasmuch as you know your labour is not in vaine in the Lord. Now to him that is of power to stablish you to God only wise be glory for ever through Jesus Christ AMEN AD LECTOREM SVb pedibus LunaÌ„ Mulier nunc calcat amicta Sole caput stellae ceu diadema tegunt Conspicitur medio ut signum admirabile coelo Fixa velut medio petra decora Salo. Saepius incerto varia est ut Cynthia vultu Parte sui Semper totaque Saepe latet Fulgida Iusliti e nuper quae sole tenebris Mox velut infernis tecta sepulta jacet Firma licet Peâ—… maneant fundamina quassis Moenibus 〈◊〉 contremit ipsa domus Sidera lapsa polo capiti diadema revulsum Sponsaque Tulvereâ squallida sorde sedet Quisquis es haec totô qui non spectaveris orbe Exhibet hîc scenam Scotia moesta tibi Scotia quam varios casus sit passa procellis Quassa quibus quantis te docet ille liber Prasulis hîc mitrae pondus Regisque tiarae Penditur Christi jura bilance pari Invadit Christi regnum cum principe praesul Arrogat hic Regi quod rogat ipse Sibi Praesulis est Scotis relegandum nomen averno Prora quibus praesul puppis una mali est Hîc videas vicibus ternis quas infula strages Ediderit praesul Cerberus iste triceps Pontisicum primus fuit impetus iste retusus Evasit virgo quae fuit ante lupa Vistamen huic facta est vulpina fraude secunda Restiterat zelô plebs proceresque pio Tertius horrisici est nunc impetus ille Leonis Cernitur hic vulpes qui fuit ante Lupus Bestia bis cecidit bis cornua fracta revinxit Tertia certa feram vasta ruina manet Courteous reader ere thou read amend these Errata as followeth PAg. 4. l. 18. followers pag. 6. l. 24. Scotos p. 8. l. 9. ridiculous ib. l. 34. be p. 10. l. 34. he p. 14. l. 6. first r. fift p. 16. l. 34 effect p. 22. l. 30. dederent p. 24. l. 30. effectuall p. 29. l. 36. of p. 37. l. 22. this realme p. 42. l. 19. worthies r. worthy nobles p. 45. l. 36. of r. for p. 59. l. 14. be r the. p. 64. l. 29. chearfully p. 67. l. 31. overcometh pag. 73. lin 5. specious ibid. lin 29. effects pag. 78. lin 20. there r. their p. 80. l. 12. gentlemen ib. l. 20. perceive p. 85. l. 30. understood p 88. l. 22. 271. l. 26. this r his p. 91. l. 23. 132. l. 11. were r. where p. 109. l 13. scripture p. 110. l. 21. 202. l. 33. notion p. 125. l 21 together p.
135. l. 33. decrees r. doores p. 137. l. 30. Sect. 22. p. 145. l. 25. r. 1572 p 159. l. 31. they r. them p. 176. l. 27. belonging p. 183. l. 5. essentiall p. 186. l. 17 one r. once p. 187. l. 28. guiltlesse 〈◊〉 191. l. 11. 〈◊〉 p. 193. l. 22. taking p. 207. l 28. prohibition ib l. 32. pastours p. 224. l. 9. length p. 225. l. 1. be beleeved p. 239. l. 20. yeelded p. 248. l. 4. pastor p. 260. l. 5. is r. as ib. l. 16. ever r. over p. 280. l. 31. wrestle p. 289. l. 26. known p. 293. l. 21. civis p. 305 l. 5. â—…all r. call ib. l. 6. omce r. come p. 312. l 26. further p. 322. l. 31. though p. 331. l. 32. should p. 349. l. 18. which p. 350. l. 19. I will p. 351. l. peâ—…lt how the Carthaginians p. 362. l. 16. they r. their acts p. 364. l. 25. it is r. it s p. 366. l 3. his r. this ib. l. 8. twice here r. her p. 372. l. 34. way r. may p. 373. l. 30. his r. is p. 382. l. 9. his r. this p. 383 l. â—…3 made r. make p. 385. l. 8. the r. he p. 386. l. 22. countrey p. 387. l. 22. ib. l. 35 worldly p. 404. l. 9. no r. on pag. 419. 〈◊〉 10. ever over P. 126. l. 2. close the other parenthesis after Agust 22. p. 304. l. 6. in â—…ome copies r. may be most free Pag. 329. l. 21. 330. l. 8. 324. l. 25. 353. l. 10. dele lib. 5. Others of lesser moment through a letter wanting or redundant or one for 〈◊〉 or through a comma colon or the like misplaced or wanting thou mayest correct aâ—… thoureadest An Apologeticall Relation Of the particular sufferings of faithfull Ministers Professours of the Church of Scotland since Agust 1660. IT hath been the common lot of all the afflicted persecuted people of God in all ages to meet with sad bitter reproaches as a constant concomitant of their other sufferings Satan thinking it for his advantage to adde affliction to the afflicted to use his outmost endevour to break them with one sad exercice at the back of or together with another is not satisfied with stirring up sore persecution against them but endevoureth likways to load them with such reproaches calumnies as are able to break the heart of ingenuous single hearted persons And for this cause the Lords people in all ages have been put to intreat that he would clear vindicat them their actions from such foule aspersions make their innocency breake forth as the noon-day would direct them unto such ways means as might tend through his blessing to their rationall vindication befor the world Hence have proceeded the many Apologies defences which have been used of purpose to clear to the world the true ground cause of their sufferings to discover how groundless unjust those reproaches calumnies were which men whose hearts were full of wickedness tongues dipt in gall had vented for this end alone to render both them their just righteous cause odious to strangers And at this time there may be just cause to fear that the malice of that old enemy is not asleep that he is leaving no mean un-essayed to make the suffering Church of Scotland her cause odious in the eyes of forraigne protestant Churches to the end she may not onely misse be disappointed of that Christian sympathy fellow feeling which is expected of all the true membres of Christs body but also which is far worse be condemned through her sides the cause truth of God which ought to be more preâ—…ious to Christians then any thing else be put to suffer by this means the great works of God wherby he convincingly even to enemies did testify his approbation of the work of Reformation begun caryed on there these yeers bygone be called in question fathered upon the Devill which would be the hieght of iniquity being or at least bordering upon that unpardonable sin against the Holy Ghost charged upon the Pharisees Math. 12. But notwithstanding of all this travail which this old enemy his indefatigable under-agents are or have been at according to their custome to get the prejudices against that Church which they have laboured to beget in the mindes of strangers fomented so deeply rooted as that there'shall be no place â—…or her or any in her name to publish to the world any Apology or defence or a justification of her cause ground of present suffering It is expected that Christian Churches abroad have reserved one eare open to Christ his suffering followers that a true representation of the present case condition of that suffering Church shall be heartily welcomed by them whose eares have been hithertill filled with the clamorous outcryâ—…s of men who make no conscience of oaths let be of words who have learned exactly that lesson Caâ—…umniare audacter semper aliquid hâ—…rebit Heap up many slanders vent them with boldness audacity something will slick Though there be no ground for any to thinke that nighbour protestant Churches have so far drunken in prejudices against that Church or recâ—…eived such an impression from the misreports misrepresentations which her malitious adversaries have made as that an attempt of this nature shall seem altogether useless Yet this is certaine that the most lively demonstration representation of the present case condition of that Church that can be fallen upon shal not hold forth unto strangers forraigners such convincing light evidence of all maters there as a few days being ear ey-witnesses to all her present calamities compared with the days of old when the glory of the Lord appeared in the midst of her would do And therefor though as to such who are indeed strangers unto the great things which the Lord hath wonderfully begun carryed on in that Church small successe can be expected to follow such an interprise yet as to others whether Churches or persons of whom it cannot be but that there is a great number who have both heard wondered at the works of the righthand of the most High there have received much soul-refreshment from the report wishing earnestly supplicating for the like unto themselves longing for the day wherin they might see the Lords arme streached out with the like Reformation salvation unto other Churches about this undertaking will have its own use advantage And without all question silence at such a time as this might do much both to sadden the heart to stumble such as would be glad to hear of the stedfastness of the faithfull followers of Christ in that land for if there were none to open a mouth for her now nor any to plead her cause it might be thought that all had so far changed with
the times as to condemne their own former proceedings to intertaine strange unbeseeming thoughts of the wonderfull works of the righthand of the most High wrought among them so become ashamed of their cause durst not adventure to speake in their own justification Therefor being consident of the good acceptance which this undertaking shall meet with from compassionate Christianly affected churches people about persuaded that God whose interest Cause this is will in his own good time arise plead the same vindicate his work from all the aspersions calumnies of men by a reviving therof in the middest of the years a best irring of himself for the carying on of the same untill the copstone be put on therby give such ane unanswerable Apologie as shall be sufficient to stop the mouths of all adversaries to confirme his followers comfort the saddened hearts of his sufferers This present piece of worke was the more chearfully undertaken to the end beside what use the present suffering members of that church might make hereof for their own satisfaction incouragement strengthening in the Lord that such of the nighbour churches about whose ears have been filled with the slanderous reports to the vexing of their souls raised by the adversaries of that church caryed on by all the art of hell to the strengthening confirming of their ill cause may be undeceived rightly informed touching the truestate of affaires in that church And to this end it will be sufficient in the first place to give a short clear Historicall relation of the troubles which the former Prelats which were in that church did creat unto her both in their rising when they did come unto their hieght of the wonderfull maner of the Lords bringing them down casting them out of that land church with shame disgrace And then to give some vieu of the present state of that church by mentioning some particulars which are the grounds of the present sufferings of the people of God there clearing the equity justice of their cause who have choysed affliction rathen then sin when by this means it shall be seen from what an exellent desirable state that church is now fallen as in a moment into what a condition of wo lamentation she is now plunged all who are Christianly affected with the afflictions of Joseph may be moved to compassionat her case to sympathize with her if they can do no more be stirred up to minde that bleeding swooning almost expiring church of Scotland at the throne of grace SECTION I. Shewing how the church of Scotland was long governed without Prelats after what maner they did arise to their height there without the Churches consent IT is not unknown that according to the testimonie of Origen Tertullian the Scots did embrace the faith amongst the first probablie as Buchan sheweth they received it from some of Iohn's disciples who fled by reason of the persecution caused by that bloudy Domitian so that about the year 203. which was the 4 year of King Donald the first Christian Religion was publickly professed the King himself his Queen diverse of the Nobles being solemnely baptized after which he purposed to root out Heathenisme out of the Kingdome but was hindered by wars with the emperour Severus There after about the year 277 King Cratilinth intended a Reformation but was much hindered by the heathenish Priests called Druides from their sacrificing in groves under oaks as some suppose who by their subtyle insinuations power had much influence upon the people yet the Lord did seconde the intentions of this good King sent several worthy men both ministers privat Christians from the South parts of Britan where the Nynth Tenth Persecution under Aurelius Disclesian did rage these for their single retired life were called Culdees quasicultores Dei more probably then because of their living in Cels and this work continowed till about the year 360 then did meet with a great interruption by reason of civill wars wherby the land was wasted all thâ—… Scots banished untill about the year 420 when Fergus the second came into Scotland whose son Ewen sent for the exiled Culdees gave them great encouragement they did set themselves to their worke And this continowed untill about the year 452 when Palladius being sent into Britaine by Pope Celestin came into Scotland who by his subtile insinuationâ—… did gaine so much upon the simple people as that in a short time he moved them to consent unto a change of the governement of the church into Prelacy himself became the Arch prelate But befor this Palladius came Scotland never saw a Prelate if our ancient Historiographers be to be beleeved such as Balcus in his Historie of the Britons c. cent 14. cap 6. saying Ante palladium Scoti c. befor Palladius came the Scots had their Bishops ministers by the ministry of the word of God chosen by the suffrage of the people after the custome of those of Asia but those things did not please the Romanes Beda in his History of England Lib. 1. who sayeth Palladiuâ—… ad Scotos c. i. e. Palladius was sent unto the Scots who beleeved in Christ by Celestin the Pope of Rome as their first Bishop Prosper in his Chron ad An. 436 saying Ad Scotos c. i e. unto the Scots then beleeving in Christ Palladius is ordained by Pope Celestin sent thither the first Bishop Iohn Fordon in his Scottish Chronic. lib. 3. c. 8. saying Ante Palladis adventum c. i. e befor the coming of Palladius the Scots had for teachers of the faith ministers of the Sacraments presbiters onely or Monks following the customes of the primitive church Iohannes Major speaking of the same Palladius who sayeth per sacerdotes monaches c. i. e. the Scots were instructed in the Christian faith by Priests Monks without any Bishop and Buchanan who sayeth nam ad id usque tempus c. i. e. to that very time speaking of Palladius coming into Scotland changing the governement the churches were ruled by monks without Bishops It is true Spotiswood in his late History would make the world beleeve that in the dayes of the Culdees there was no governement in the Church of Scotland but Prelaticall because Boetius sayeth that those priests or Culdees were wont for their better governement to elect some out of their number by common suffrage to be chief principall among them without whose knowledge consent nothing was done in any mater of importance that the person so elected was called Scotorum Episcopus farther as if his bare dissenting from Buchan would be enongh to blast the reputation weaken the credite of that Renowned Historian he sayeth p. 7. of his History what warrant he i. e. Buchan
enjoy the place power of a Superintendent least the power place might be abused at length degenerate unto the old power of Prelats but even in those bounds where such lived did appoint others to Superintend as Mr Pont in Galloway They would not divide the bounds of those Superintendents according to the Prelats Dioceses but after another manner They devided the land into ten parts having respect to the edification advantage of the poor people These Superintendents were chosen by the consent of the whole bounds which they were to visite They were not consecrated but onely sett apart to that worke by preaching prayer as is to be seen in the order prefixed to the old Psalme-books They were tryed examined by the Ministers of these bounds They had other Ministers conjunct with them when they ordained any Nather had they sole power of Excommunication for Reformed Churches had power by the Book of Discipline to excommunicate the contumacious the tractate of Excommunication prefixed to some old Psalme-books sheweth that they might do it without the advyce of the Superintendent They were subject to the censure of the Ministers Elders of the Province who might depose them in some cases Their maine worke was preaching for they were to preach at the least thrice every week They had their own particular flocks beside with which they stayed always save when they were visiting the bounds committed untâ—… them They might not try any Minister their alone but weâ—… commanded to have the neerest reformed Church othâ—… learned men conjunct by an act of the fourth Nationall Assembly An. 1562. They might not transport a Minister without the consent of the Synod as is elear by act fourth of the fâ—… Nationall Assemblie 1562. They might not discusse any important question their alone as is clear by act first of the ninth Nationall Synod An. 1564. All were at liberty to appeal from them to the Nationall Synod as is clear by act fifth Assembly sixth They were to be subject to the Assembly as is clear by thâ—… fourth Assembly an 1562. They never did Moderate in Generall Assemblies unlesse they had been chosen by votes Who can be so foolish then as to beleeve Mr. Spotiswood saying in his Hâ—…story pag. 258. that the power of Superintendents was Episcopall for they did elect ordaine Ministers they did praeside in Synodâ—… and direct all Church censures nather was any excommunication pronunced without their warrant seing the publick acts of the Nationall Assemblies are of more credite then this prelate who knew as litle what it was to be a faithfull Historian as he knew what it was to be an accurate Logician Beside that An. 1562 at the Nationall Assembly there were some Ministers chosen to assist the five Superintendents for no moe could be gotten setled for want of maintenance had equall power with them were commanded to give accompt of their diligence unto every Nationall Synod there to lay down their office And Mr. Spotiswood hath not the face to say that these Commissioners had Episcopall power yet their power was equall with the power of Superintendents When thus the Church had shaken off so far as lay in her power the yoke of Prelacy she beginneth to exerce that power which Christ had given to her that same year 1560. there is a Nationall Assemblie keeped which did make severall Canons concerning the ordering the affairs of the church and yearly there after once or oftener prore nata according to by vertue of her intrinsick power she did keep her Courts notwithstanding that in the meane time the Queen the court were but smal friends to the Protestant cause Anno 1564 the Nationall Assemblie did send some Commissioners to the Queen to desire among other things that â—…o Bishoprick c. having more Churches then one annexed there unto should be disponed in time coming to any one man but that the Churches thereof being dissolved should be provided to severall persons so as every man having charge may serve at his own Church according to his vocation Anno 1566 at the eleventh Nationall Assembly the second Helvetian Consession of Faith was presented approven in all points except in the particular concerning festivall dayes by which Confession prelacy is accompted ane humane devyce no ordinance of Christ. But Satan envying the faire beginnings of this Infant Church stirred up some of the Statesmen against her who having possession of Church rents Prelats Benefices fearing to lose the same did therefor devyse a way for establishing themselves in the possession of those Church rents by getting in some Tulchan Bishops as they were called who might have the name of the whole Benefice but rest contented with a small part to themselves leaving the rest in the hands of these Nobles and accordingly the Earle of Morton stirred up the Earle of Marr then Viceroy to convocate an Assembly at Leith by the means of the Superintendent of Angus who when they did meet Jan. 12. 1571 did nominate six of their number to meet with six appoynted by the councill these twelve did condiscend to severall things tending to the setting up of Prelats And according to these resolutions the Earle of Morton getteth one Mr. Douglas made Bishop of Saintandrews Mr. Boyd of Glasgow Mr. Paton of Dunkel Mr. Grahame of Dumblaine This was a very sad stroke but God did not leave that poor church in that case for within two moneths thereafter A national Assembly did meet who finding that these resolutions gave such offence did appoint some of their number to examine the same but the acts of this Assembly were there after taken out of the Registers And in August 1572. at the Nationall Assembly there was a Protestation made against these inuovations 〈◊〉 that whatever condescension should be yeelded unto should be onely for the Interim till a more perfect order might be obtained So at the Assembly in Aug. 1573. it was decreed that Bishops should have no more power then the superintendents had Mr Paton of Dunkell is accused for taking more Mr Gordon of Galloway is condemned And in the nixt Assembly it is concluded that every Bishop should be subject to the Assembly should conferr no Benefice without the advyce of three Ministers Spotiswood the false Historian thought that because of his silence the world should never have gotten notice of this which these Assemblies did of purpose to heme in the power of these prelats whom the Court was setting up with such violence at such a time when they could do no more At length the day breaketh up clearer about the year 1575. the Lord stirreth up his servants putteth spirit courage in them so that in the Assembly it was debated whether these new Bishops Superintendents Commissioners were a honour or a burden to the Church Mr Iohn Dury protested that they should do nothing in prejudice of
professeth repentance with such solemne obtestations as affected the whole Assembly Upon this the sentence is delayed the presbitery of Glasgow is appointed to advertise the provinciall Synod of Lothian who were ordained to excommunicate him in case he relapsed And as they feared so he returned to his vomit with violence intended to enter the pulpit when the presbitery according to the appointment of the Generall Assembly were beginning a processe against him the Laird of Minto provost of the Town presented a warrant from his Maj. to stay the processe when they were going on he pulleth forth Mr. Iohn Howeson minister at Cambuslang Moderator imprisoned him in the Tolbooth But for all this Mr. Montgomery is excommunicated by Mr. Iohn Davidson the same was intimated in all the Churches The council declareth the sentence null against this the Ministers of Edenburgh give open testimonies in their preaching for this cause they are commanded to remove out of the Town within the space of twenty fowre houres At this time there was an Assembly sitting at Edenburgh who send some of their number with a supplication to his Majesty wherein they shew That indeed he was the Head of the Commonwealth but onely a member of the Church as a châ—…f member he should have the chief care thereof but now it was not so thâ—…r decrees are resâ—…inded they are forced by his servants Ministers are drawâ—…e out of pulpits that he was playing the pope usurping both the swords and when they come present it unto the Council the Earle of Arran cryeth out if there were any that durst subscribe the same where upon Mr. Andro Melvin answereth we dare taking a penne out of the clerks hand sayeth to his brethren who were commissionated with him comeforward so he they did subscribe the same This storme is not yet blowne over for the next year 1583. Mr. Andro Melvin is summoned before the Council for saying in his preaching That ministers should presente to princes the example of their predecessours as Daniel did the exemple of Nebuchadnâ—…zar to Belteshar But now if any should hold forth what evill King James the third got by a company of flatterers it would be presently said that he had gone from his text must be accused of treasone But when he compeareth he declineth their judgement affâ—…ming that what was spoken in pulpit ought first to be tried by the presbytery that they could not in primâ instantià medle therewith But they proceed though they could get nothing proven for his declining he is commanded to the Castle of Edenburgh then to Blackness but being advertised of his danger by his friends he retireth unto Berwick Annâ—… 1584. the storme groweth to a height for in May there is a parliament suddainly conveened which dischargeth all Church judicatories giveth the King power over all causes civil and ecclesiastick dischargeth all declining of the King his Council in any mater civil or ecclesiastick under the paine of treason also all Ministers to meddle in sermons with the affairs of his Highness his Estate see act 129 130 131 134. of the 8. parl of King James sixt when Mr David Lindsay Minister at Leith was sent by his brâ—…thren to intreatâ—…the King to paâ—…e no act in prejudice of the Church he is committed to Blackness there detained prisoner 47. weeks And Mrs Andro Polwart Patrick Galloway Iames Carmichel are denounced rebels are forced to flee into England So are the Ministers of Edinburgh forced to retire leaving an Apology behinde them But for all this when the acts of this Parliament were publishing Mr Robert Pont protested taking Instruments that the Church should not be obliged to yeeld obedience thereunto being denounced rebell he fleth into England Now is Mr Montgomery established Bishop of Glasgow one Mr Adamson as naughty vicious as any is setled in St Andrews no sooner get they up their head but as soon they execute their tyranny rage against the rest of the Ministry compelling them to promise obedience to them as their ordinaries under the paine of banishment confinement imprisonement deposition sequestration of their stipends Whereupon many in this day of trial did faint subscribe thinking it a sufficient salvo to adde according to the Word of God but afterward mourned for it Now none durst pray for the Ministers who had fled under the paine of treason so dark a day was this But neer the end of the next year there is a change as Court the Ministers returne a Parliament is called at Lithgow but nothing is done in favours oâ—… the Church At length 1586. the King was desirous to have some setling in the Church appointeth a Conference in February at Halyâ—…od house where some articles were drawne up referred to the General Assembly As 1. That the Bishop should have a care of one flock 2. That some Ministers should be added to him without whose counsell he should do nothing 3. His doctrine should be examined by the meeting 4. His power should be of Order not of Jurisdiction 5. Beside his own Church he might have the inspection of moe when the Assembly meeteth in May they could not assent to all these articles yet at length seeing they could not have all which they desired they accorde to this that both Bishops and Commissioners should be subject to the triall of the Generall Assembly that where they did reside they should moderate provinciall Synods Presbyteries in the meane time the order of the Presbyteries was sett down they proceed to examine the processe of Mr Adamson who had declined the provincial Synod of St Andrews he submitteth And the next year Anno 1587. Mr Montgomery resigned his place so was absolved from the sentence of Excommunication by the Assembly When the Parliament doth conveen this year Anno 1587. there are some Prelats who would sit there in name of the Church but when the Church perceived this Mrs David Lindsay Robert Pont were sent to desire that they might be removed as having no authority from the Church the most of them no function in it at all The prelats finding themselves now in a staggering condition thought it was their best to ingratiate themselves in his Majesties favour thereby secure themselves in their places therefore condiscended unto the Act of Annexation of all the Temporalites of benefices unto the Crown which was a dilapidating of the Church rents It is true Spotiswood putteth another face upon this busines in his History but the man could change with the times speake another thing in his English History then he durst speak in his Latine refutation for there he sayeth In summâ Ecclesiasticorum persidià proximis Comitâ—…is Anno 1587. transacta decreto ordinum actibus intervenientibus insinuata Nam Episcopi durissima quaeque à fratrâ—…bus
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
was petended the true cause was that which made him so famous even his zeal activity for the work of God in his generation for what ever else they had to lay to his charge if he had either opposed the work of God or done as litle for it as many other of the Nobles his life would not have been taken now more then the life of others it is true other things were sought to colour this bussinesse and failing one another failing that a third but in end ther is a comprehensive generall set downe as the ground of the sentence to this purpose That he had been an enemy to the king his interest these 23 yeers or more by past which in effect is as much as to say he had been an active friend for the interest of Christ. But because generalls cannot well be proved they condescended on severall particular actings of his in carrying on in his place station the work of reformation when all these failed they fix upon his complyance with the Englishes after they had subdued the land in battell and forced the king out of his dominions had garrisoned the whole land used it almost as a conquest by sitting in their parliament when chosen by some shire and when the rest of the shires of the land had sent their commissioners thither This his complyance with them at that time by sitting in their judicatories and there concurring with his advice counsel for the good of the land that was now under their feet is the only particular ground upon which his sentence is founded and the particular speciall cause pretended for which he was condemned to lose his head as a traitour to have his head put up on tâ—…e top of the tolbooth as an eminent traitour A sentence which question lesse at first veiu may make all men of understanding astonished to wonder how ever it could have entered into the minde of the parliament of Scotland to sentence unto death such a peer of the land such an usefull member of the Kingdome an ornament upon such a ground and for such a cause But if these foure particulars be considered the matter will yet appear more wonderfull 1. The matter of complyance with the Englishes at that time was so farr from being accounted treasonable that severall of the lawyers among whom was one Sr Iohn Fletcher who was now advanced to be his Maj. advocat did accuse this worthy Nobleman of treason did swear subscribe an oath to be faithfull unto the governement as it was then established without King house of Lords Now if there had been treason really in this deed either by the civill law or by the municipall lawes of the land would not the lawyers have perceived it whose dayly work study the lawes are 2. If this had been the deed of this nobleman alone the mater had been lesse to have been wondered at but it being such a deed whereof few of the nobles of Scotland were altogether free yea whereof many of the members of Parliament his judges were guilty the matter is beyond a parallel It is hard to make secios criminis sit as judges condemne the accused reason would require that the table should be purged Is it not strange for a Parliament to condemne one for such a fault for which many of their own members might with as much justice equity be condemned and is it not strange how they being by their own confession traitours in the heighest degree could fitt judge others It is true it will be replyed That his Maj. might pardon whom he pleased But then it will aboundantly appear that not this But something else was the cause of this worthy nobleman's death Whatever may be said in poynt of law yet it will be a disput in poynt of conscience If kings may pardon such crimes as do deserve death by the law of God or if such crimes which kings may pardon of their own accord according to their own good pleasure do before the Lord deserve death 3. If the Parliament had thought this particular worthy to bear so much stresse why would they have spent so much of their time in searching for other grounds to goe upon 〈◊〉 why did they not make use of this at the first but it is like this had never once been mentioned if they had been able to fasten treason upon any other of his actions this makes it so much the more to be wondered at that they would condemne such a noble man for such a particular which they would never once havâ—… named if they could have done their intended work otherwayes 4. Is it not strange that of all the complyers of Scotland there was not one except this nobleman impannelled upon this account let be put to death yea is it not strange that those noble Men were never once questioned who being desired by Generall Monck when he was entering England with his army to rancounter Lambert did abjure king Charles his interest this Nobleman must die Yea is it not yet more strange that one William Purves who by complying had occasioned almost ruine to many noblemen brughs and gentlemâ—…n should have been absolved by act of Parliament as might be cleared if there were a table of the unprinted acts set down after their acts as is done alwayes in other Parliaments and yet this nobleman must be sentenced to death for complying for the good of the countrey But to speak unto the bussinesse in poynr of law let these foure or five Particular quaere's be considered and then any shall be able to perceive the iniquity of this sentence 1. By what act of Parliament is such a deed as this condemned as treasonable By what municipall law can any member of the Kingdome be challenged upon the account of treason for treating with a conquerour for life liberty for sitting in his councells for the good of the countrey after that he with the rest of the body of the land had foughten in the defence of King countrey till no more could be done after the whole land had been overcome at severall battels and wholly overrun had acted nothing for the advantage of the enemy disadvantage of the king countrey before the victory obtained but in all poynts had carryed as became a loyall subject contributing all the help by armes counsell which was required what act of parliament declareth such a deed as this treasonable such a subject to deserve death as a traitour 2. Was there ever such a Practique in Scotland since ever there was a king in it Severall times was the kingdome of Scotland overrun by the kingdome of England particularly in the dayes of Baliol at that time King Edward caused the Nobles of Scotland swear all aidgeance unto him But when Bruce came to be King was there any of the Nobles questioned for treason upon that account
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
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
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
upon morall lasting grounds 3. If even those actions binde upon the ground of a parity of reason much more will these binde upon the same account for whatever ground or reason be given why the Apostles followed such a modell of Government in their dayes will stand good now evince that the same modell ought to be followed 4. And where as he sayeth before an acknowledged Apostolicall practice be looked on as obligatory it must be made appear that what they did was not according as they saw reason cause for the doing of it depending upon the severall circumstances of time place and persones but that they did it from some unalterable law of Christ or from indispensable reasons as will equally hold in all times places persons he confirmeth what is now answered for the reasons of their erecting such a species of Government do equally hold in all times places nothing can be said for the dependence of such a forme upon the severall circumstances of time place persons As for the particulars mentioned by him It is answered 1. For Celebat Christ himself Mat. 1 9 v. 12. restricteth it to such as have the gift of continency it bindeth none else 2. The Community of goods was for that time only for the contrary is practised in after times by all other Churches Christians for when Paul is pressing the Corinthians unto a contribution he never mentioneth this as an argument moving thereunto 3. Their preaching from house to house was for want of conveniency of more publicke places yet when they had liberty they went to the temple to Solomons porâ—…h to Synagogues 4. As for that Act 15 concerning the abstaineing from blood things strangled things offered to idols it was only for that time of the scandall not alwayes for Paul taketh off this 1. Cor 10 25 when he sayeth whatsoever is sold in the shambles that eat asking no question for conscience sake againe when he sayes 1. Tim 4 3 4 5. Every creature of God is good nothing to be refused if it be received with thanks giving But there is nothing of this kinde that can be showne in the matter of the species of Government as shall further appear when his alledgances are answered afterward 3. He sayes officers that were of Apostolick appoyntment are growne out of use in the Church as widowes 1 Tim. 4 9. or diaconisses Rom 16 1. Ans. These Diaconisses were not Church-officers having any Ministeriall charge or office in the Church for there is nothing spoken of their ordination But they were poor eleemosynaries indigent women taken in for some service unto sick strangers or propter horam balnei aut visitationis quando nudatum fuiâ—… corpus mulieris as sayeth Epipâ—… rius lib. 3. Tom. 2. haeres 79. And so their work was for those â—…ote countreyes because now there is no such necessitie for their work themselves are laid aside But 2. are there not severall other officers laid aside as Apostles Prophets Evangelists will he hence conclude that therefore nothing of their practice obligeth 3. If this ground be followed forth that Apostolick practice even in the matter of officers instituted by them is not of an obligatory nature then may all Church officers be laid aside so his formerly mentioned position concession touching the government of the Church by officers only of divine appoyntment will fall to the ground If he say that divine institution is one thing bare examples are another thing Ans. Then his reason here is impertinent for all Church officers are of divine institution these Diaconisses among the rest must be of divine appoyntment then what hath this to do here where the examplary practices of the Apostles are only spoken of which yet to presbyterians in the case of Government will speak faire for a divine institution finally if it could be cleared what was ought to be the proper work of these Widowes that it were of a lasting necessity unto the Church in all places at all times of which the scripture is altogether silent as may be seen concerning other standing officers of the Church respect should be had to that ordinance of God as well as to others 4. He sayeth Rites customes apostolicall are altered 〈◊〉 dipping in baptisme love feasts holy kisse therefore men do not think that apostolical practice doth binde Ans. 1. He still argueth à particularâ—… which is very unsure fallacious because in some things men look not upon the practice of the Apostles as bindeing therefore in nothing This argument will not hold 2. There is a great difference betwixt rites customes which are alterable such such formes of Government which be of a more lasting nature As for dipping in baptisme It is no where commanded nor was it constantly practised by the Apostles nor other Church officers It is true they were commanded to Baptize but this will not necessarily import baptizing by dipping for baptizing any thing may be otherwise then by dipping as these places do cleare Mark. 7 4. Heb. 9 v. 10. with Numb 8 7â—… 1. Cor. 10 v. 1. Rev. 19 13â—… compared with Isa. 63 3. Mat. 3 11. compared with Act. 2 17. And next it is severall times found that they baptized when where they could not get Dipping used as Act 2 41. 4 4. Where such multitudes could not be gotten dipt especially in the streets so Act 9 18 19. This was in a lodging when Paul was sick weak so unfit for Dipping So Act 16 33. This was in the night in a privat lodging when Paul Silas by reason of their sores were unable for dipping And therefore all that can be said in this is that sometimes they used Dipping sometimes sprinkling as occasion offered this will speak nothing for the Apostles continuall practiseing of dipping so it will not speak home to the case in hand 4. As for love feasts if they were ordinary seasts amongst private Christians it was but an Act of civility to use these they needed no institution from the Apostles practice a custome it is that continueth yet But if it be meaned of the feasts which they keeped at the Lord's suppâ—… when rich persons brought some meat with them to make a feast of at that time This was not constantly practised by the apostles of whose practices we are now speaking not yet was it warranted by them yea Paul writting to the Corinthians Epist. 1. c. 11. v. 22. sayeth have yee therefore no houses to eat drink in And so would have them forbearing that custome which they had so much abused Their custome was to keep those feasts in the place of the assembly he would have them if so they would feast keeping those feasts at home in their own houses therefore this is nothing to the purpose in hand 5. As for the Holy
integrity of the parliament is restored particularly act 40. the King doth faithfully promise to do or command nothing which may directly or indirectly prejudge the liberty of free voteing of the Estates of Parliament But 2. It will be objected That all this supremacy was acknowledged by the Parliament 21. Anno 1612. when the Acts of the Assembly at Glasgow Anno 1610. were ratified among which this was one that Ministers should swear the same oath which was tendered by this Parliament which is there set down Ans. It is true it was appoynted by that pretended Assembly that Ministers at their entry or admission to the Kirk should Testify declare that the King was the only supreme Governour of the realme as well in matters Spirituall Ecclesiasticall as in things temporall c. And it is true this Parliament did ratify approve this deed so that it had the force of a law But 1. There is a great difference betwixt such a civill sanction as this is an other Act of Parliament other Acts stand in force untill they be repealed but when the Church constitution which is the ground Basis of the civill sanction ceaseth the sanction ceaseth the Act perishâ—… without any formall repeall The Act ratifying approveing the deed of a Church judicature standeth in force no longer then the deed of the Church judicature standeth in force the deed of a Church judicature may be altered without any respect had unto the civill sanction or notwithstanding that the civill sanction is not formally removed because the civill sanction did follow depend upon the Church Act the Church Act doth not depend upon the civill sanction 2. It is not incumbent unto a Church judicature to determine the limites of the King 's civill supremacy far lesse to determine the same in the first place this pretended Assembly was more anxious about the King 's Ecclesiastick supremacy then the civill it was his supremacy in Church matters which was here intended by them approved by the Parliament And therefore it is added And that no forraigne Prince State nor Potentat hath or ought to have any jurisdiction power superiority preheminence or authority Ecclesiasticall or Spirituall 3. What ever civill supremacy may be supposed to be here included there is no supremacy over Parliaments acknowledged But any civill power that is here recognosced as his due is in opposition to forraigne Princes States or Potentats not to Parliaments within the Kingdom If it be said that the oath tendered by this Parliament Anno 1661. being every way correspondent unto that oath which is recorded Parliament 21. Anno 1612. can import a recognosceing of no more civill power then that Anno 1612. therefore might lawfully have been sworne It is replyed That the oath Anno 1661. is more expresse for civill power supremacy then that An. 1612. But if there had been no more then the words of the oath Anno 1661. there had not been very great ground of scrupleing at the taking thereof upon the account of the civil part for it is not the words of the oath that ground that scruple upon that account so much as the glosse put upon the words by their other acts particularly by the act for acknowledging his Maj. prerogatives which as a commentary explaineth what they meane by his being supreme governour over states civil in all causes civil Now the like of this was not done by the parliament Anno 1612. Or any other before or since that time till this parliament Anno 1661. which hereby hath put another glosse upon the civil part of the oath then ever was done before But. 3. It will be objected May not Parliaments give more civil power unto the King then he had before so enlarge even intensivè the privileges prerogatives of the crown so denude themselves of that in whole or in part which did formerly appertaine unto them And when the Parliament hath done this annexed such such power unto the crowne can it be unlawfull for privat subjects to acknowledge that the King hath indeed so much power Ans. in poynt of law it will be a very great question whether Parliaments who are but trustees intrusted by the people whose commissioners they are virtually if not expresly bound to maintaine their rights privileges may betray their trust give away the iust ancient privileges of Parliament there with the just ancient liberties of the people It will be agreat question if they at their own hand may alter the foundamentall lawes of the land without the consent of these whose commissioners they are And it will be a greater question in law if this Parliament might have sold or given away the privileges of Parliament liberties of the people seing so much in poynt of law may be objected against its being a free Parliament if the want of freedome of election in shires brughs if prelimitation if the election of such as were not capable by the foundamentall constitution of Parliaments practice of the Kingdome other informalities of that kinde may have any place or weight in the anulling of Parliaments But. 2. In poynt of conscience it is clear that Parliaments may not now give away according to their pleasure dispone of the rights privileges of Parliament for in the third article of the league covenant all the people of the land Parliaments among the rest are sworne to maintaine in their severall places capacities so Parliaments in their Parliamentary capacitie the rights privileges of Parliament 3. Though the Parliament not with standing of the bonde of the covenant should denude themselves of their privileges yet now seing every particular member of the Kingdome is sworne according to his place station to maintaine the rights privileges of Parliament they may not assent unto such a deed of the Parliament by their oath subscription approve of such a wrong for that is the least that private persons who desire to minde make conscience of the oath of God can do at such a time viz. to refuse to give an expresse clear positive assent unto such a wrong done to the rights privileges of Parliament contrary to the covenant But 4. All this is to little or no purpose for there is not the least syllabe in all the Acts of this Parliament which doth import any new deed of gift but all alongs they speak of these prerogatives as formerly inherent in the crown yea as essentiall to it hence it is that they condemne the actings of the Parliaments Kingdome of Scotland these many years by gone because done in such away as was an actuall insolent as they say incroachment invasion upon the privileges prerogatives of the crowne Obj. 4. The acknowledging of the prerogative is distinct from the oath of allegiance therefore seing they were
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
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
quod sicri non debuit factum valet nor knowing well how to guaird against this deceit which he hideth with a multitude of words his challenges must be answered All which he sayeth on this head is some thing to these three particulars 1. The want of authority in the imposeing 2. The generality of the termes in which it is conceived 3. Some incongruitie in the 3d article The summe of what he sayeth unto the first of these is this To carry on a publick oath without the soveraigne power is without any example among jewes or Christians It is a speciall royalty of the King to have power of imposeing an oath on all his subjects especially where the oath hath a direct aime for raiseing armes Such leagues are inhibited by the lawes of the land Ia. 6â—… Parl. 10. Act. 12. Mary Parl. 9. Act. 75. Now this Covenant was carryed on in England by a meeting of Parliament excludeing one of the Estates and in Scotland by a committee of Estates Ans. what if all this be granted Will it therefore follow that the obligation of the Covenant is loosed Nay himself dar not say so for he addeth Now although this could not nullify the obligation of the Covenant were the matter of it undoubtedly lawfull and otherwise still obligeing yet it were well if unlawfulnesse in regaird of this defect were acknowledged So that all which he would have of the Covenanters now for proof of their sincerity is that they would give as publick testimony against the sinfull way of entering into that bonde as against that siâ—… as they suppose of breaking it But what would this advantage his cause And seeing he saw that it would not advantage his cause why did he spend time paines in vaine He is at a weak passe now when he can bring no arguments but such as himself must needs answere discover the weaknesse of But it is like out of a desire to have it going well with the Covenanters he would have them repenting of the misse which was made But by his favour they must first be convinced of the errour ere they can say that they have erred and ere they be convinced of an errour in that Particular they must see more cogent arguments then any which he hath yet brought For as for that committee of Estates which he sayeth did carry on that Covenant in Scotland it had power for that effect from the convention of Estates their deed was approven in all poynts by the next meeting of Parliament Anno 1644. the lawfulnesse of which convention Parliament hath been shown above and as for the Parliament of England Mr Croften Timorcus have sufficiently spoken to that and as for Scotlands entering into a league with England without the King's consent it hath been vindicated before So hath it been showne how the Parliaments of Scotland do partake of the soveraignity with the King and have power of warre so all which he here sayeth is answered already Only because he desireth some examples of the like among Iewes or Christians though there be no great necessity for this businesse yet some few instances shall be brought first among the Iewes there are two eminent examples one in the dayes of Asa King of Iuda 2. Chron. 15. where many strangers of Ephraim manassâ—…h Simeon fell to Asa out of Israel in abundance when they saw that the Lord his God was with him v. 9. And entered into a Covenant to seek the Lord God of their fathers with great solemnity v. 12 14. that without the consent of their own King Another in the dayes of Hezekiah when he came to the throne which was in the third yeer of Hoshea King of Israel 2. King 18 1. In the first year of his reigne 2. Chron. 29. 3. this was six yeers before the Kingdome of Israel was wasted destroyed by Salmanassâ—…r King of Assyria 2. King 17 6. beginneth a work of reformation said it was was in his heart to maâ—…e a Covenant with the Lord God of Israel 2 Chron 29 10. And he sent to Israell writting letters to Ephraim Manasseh desireing them to come up to the house of the Lord accordingly diverse of Asher Manasseh Zebulon 2. Chron. 30 1 11. joyned with him in that Covenanted work of reformation here are some of the subjects of Basha Hoshea without their consent or approbation joyning in a Covenant or bond with another King Kingdom which would seem more treasonable like then for the subjects of one King to joyn together in Covenant for the good of King Kingdome to carry on a work of reformation no doubt this advocat darre not condemne this deed of those subjects of Hoshea or Basha As for such Covenants among Christians instances in abundance may be given some have already been named as that betwixt the first reformers of Scotland the Queen of England these in France Germany the Low countreyes Helvetia piemont c. so a few moe shall suffice If he had read the History of the reformation of the Church of Scotland he had seen there severall examples of Covenants entered into by Christians without the consent of the supreme Magistrat viz. one Anno 1557 subscribed by Argile Glencarne Morton Lorn others Another at Perth Anno 1559. subscribed by Argile Iohn Stuart Glencarn Boid Vchiltree c. A third at Sterlin that same yeer subscribed by many A fourth at Leth Anno 1560. subscribed by all the nobilite barons gentlemen others professing Christ Iesus in Scotland a fift at Aire Anno 1562. subscribed by severall noblemen gentlemen In Sleidan's commentaries Lib 7. Anno 1529. there is a Covenant betwixt the city Strausbrugh which was under the command jurisdiction of the Emperour three of the cities of Helvetia viz. Tigurum Berna Basil about assisting deseâ—…ding one another in the cause of religion this was without the consent approbation of the emperour as appeareth by the letter written to Strausbrugh from the dyet of the Empire againe An. 1530. there was a Covenant betwixt the Laâ—…dgrave of Hesse those three cities Tigur or Zurich Basil Strausburg anent mutuall defencein the cause of religion That same yeer the protestants meet at Smalcald draw up a Covenant for mutuall defence in religion it was subscribed by Albert Gebert of Mansfeldt by the cities of Magdeburgh Breme Sleidan sheweth also lib. 19. That in February 1547. the nobles of Boheme meeting at Prague entered into a Covenant among themselves for the defence of their liberty whether Ferdinand would or not The second particular is about the generality of the termes wherein the Covenant is expressed The summe of what he sayeth here is this The Covenant was purposely framed in generall and homonymous termes that all the sects might lurck under it And so the Sectarian army when they invaded Scotland did pretend the
God to have a tender conscience to make this their exercise to keep a good conscience both towards God man will be loath to condemne them in the least Yea or if they saw what a deluge of prophanity is now broken in upon these lands what unparalleled wickednesse is there perpetrated what abhomination of all sorts reigneth since this course of defection was begun Their hearts would tremble they would scar at such a course as is so destructive to the Kingdome of God within so advantagious for the promoveing of the maine interest of Satan never acknowledge that to be a divine truth which is not after Godlinesse Sure there is a principle in all the godly which will incline them to affect that course best which is most for promoveing the work of grace in souls abhore that which openeth a gap to all prophanity licentiousnesse And though they could disput none against such a course this were enough to make their gracious souls abhore it Let none say that such precisenesse refuseing to cede in a little will prove destructive to the Church by incenseing the civil Magistrat the more For God's way is alwayes the best both for particular persons for Churches an instance cannot be showne where a Church by her faithfull adhereing to the truth of God standing to her principles refuseing to goe back in the least hath ruined herself But upon the other hand it hath frequently been seen how a Church by her yeelding unto the snares of her adversaries through fear or prudence falsely so called hath brought ruine destruction insensibly upon herself The yeelding unto a little in the beginning of a defection hath proven the bane neck-break of Churches cedeing to little formes at first hath brought in the masse at last But now it is hoped that such as shall duely Christianly ponder the premisses shall not account the grounds of the sufferings of that Church people punctilioes or inconsiderable triffles whatever such as do not weighâ—… matters in the ballance of the sanctuary but according to their owne phancies may judge And therefore it may be thought that strangers who shall judge of matters according to the truth shall rather stand astonished wonder at the pusilanimity fainting of heart which hath there appeared at this time enquire what â—…s become of that Spirit of boldnesse zeal courage for the cause truth of God which formerly did act the faithfull ministers professours of the Land And where are all those worthies who set their faces against greater stormes then any that hath appeared of late And how is it that so many have out lived their own zeal faithfulnesse by silence at such a time when God in his dispensations did call upon thâ—… to cry aloud not to spare have betrayed the precious interests of Christ which their predecessours valued beyond their lives And how is it that this generation hath degenerated so far as their predecessours might be ignorant of them not acknowledge them have forgotten their former zeal May not the world wonder at this But what wonder is it that it be so when now their rock hath sold them the Lord hath shut them up when now the Lord hath been displeased and hath made them to drink the wine of astonishment for their provocations hath taken spirit courage from them that they may know at length how evill bitter a thing it is that they have forsaken the Lord their God And therefore this dispensation of the Lord unto that Church may ought to be improved by other protestant neighbour Churches as a warning from the Lord to repent returne unto him for because of her backslideings hath the Lord brought all this upon her he is a jealous God who will sparâ—… none but the greater their injoyments have been when these are abused to licentiousnesse not improved for the glory of God the advancement of the work of reformation of Churches of particular persons the sorâ—… will the plagues judgments be with which he will visit such It concerneth all about all who hear of the Lord 's dealing with her to repent remember from whence they are fallen to do their first works for because of her departing from the love of her espousals the kindenesse of her youth the Lord is now visiteing her with sore sharpe rodes Professions yea large professions will not save in the day of God's anger He searcheth the hearts the reines he loveth truth in the inward parts therefore the faire flourishes of outward professions will not satisfie if there be not more Covenanting with the Lord will not hold off judgments when conscience is not made of these covenants And now it hath not been Scotland's Covenanting with God that hath brought all this upon her But Scotlands dealing deceitfully in the Covenant For so long as she was with some singlenesse of heart aimeing honestly at the promoveing of the ends of the Covenant the Lord made her â—…errible unto all her adversaries made one chase an hundereth But so soon as this vow was forgotten the ends thereof not sincerely minded sought after then the Lord departed from her she could not shake her self as before Finally it would become all neighbour reformed Churches to be upon their guaird for the same Spirit that troubleth that Church now is the Spirit of Antichrist seeking to re-enter there after he hath been cast out with all his appurtenances in a most universall solemne manner the door barâ—…ed with solemne Covenants oaths made unto the most high And indeed hath gained great footing already for there is more popâ—…ry openly professed this day then hath been openly avowed almost these hundered of yeers And if Antichrist shall againe get possession there any may judge what hazard other Churches are into what cause they have to withstand the same if they can do no more for that effect to pray to him who will hear at length that he would hasten that day in his own time wherein it might be said Babilon the great is fallen is fallen is become the habitation of devils the hold of every foule Spirit so that the Kings of the earth who have Committed 〈◊〉 lived deliciously with her may bewaile her lament for her when they shall see the smoak of her burnings for he will at length judge the great whore which did corrupt the earth with her fornications will avenge the blood of his servants at her hand then shall that Church being fully freed from the yoke of prelacy other abhominations with others be glade rejoyce when that wicked with all his appurtenances shall be consumed with the Spirit of his mouth shall be destroyed with the brightnesse of his coming Even so come Lord Iesus AMEN The Contents THe INTRODUCTION Pag. 1. Sheweth