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 That the Act of Annexation be repealed and 4.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
of one though their own father before their tyrannicall Court Now is there a black cloud over the Church for many years piety is dayly decaying formality profanity increasing the godly are mourning lamenting the wicked rejoyceing But the Prelats have not yet ended their purpose For Anno 1633. when King Charles was present at a Parliament there is an Act carried through but not without some opposition made thereunto by some of the Nobles granting power to his Maj. to command what habits he pleaseth for all men in office whether in Church or State that as a priviledge annexed to the Crowne by this means a door was opened to bring in the Surplice the Corner cap other trash These worthies being traduced by the Prelats as contemners of authority sowers of sedition in Church State procure the kings displeasure by their freedome For the king did not onely chide them openly but with his own hand he wrote down their names as disloyall subjects which made these Nobles thinke of drawing up a supplication which being drawn up by William Haig his Maj. solicitour was committed to the trust of the Earle of Rothes Lord Loudoun to present it as they found conveniency but they perceiving that it would not be well accepted resolved to keep it up But at length some way or other a copy thereof cometh to the Bishops hands they deliver it unto the king withall complaine of those Noble-men as standing in the way of his subjects yeelding chearfull obedience And upon their importunat requeests there is a Commission granted to certaine persons as a committee to proceed against the Authors abettors of that supplication as guilty of sedition treason Whereupon William Haig fleeth all his goods are confiscat Some Noblemen are questioned the Lord Balmerino who had the supplication in his custody is imprisoned at length condemned to die but obtaineth pardon Now the prelats do reigne there being none who durst peep or move a wing against them The Achprelate of Saint Andrews was Chancellour other eight of the prelats were in great places being either Lords of the privy Councell or Lords of the Exchequer being thus lifted up in power honour they are puffed up with pride what durst they not attempt now thinke they Therefore they proceed to do more wickedness draw up a book of Canons which was printed approven by the Kings Maj. all were commanded to obey the Bishops in all points By this book that which remained of presbyterian governement is taken away Parochiall Sessions Classicall Presbyteries are accounted Conventicles Ruleing Elders Deacons are cast out of the Church all Ecclesiasticall causes are brought only to the Pelats tribunall So were they about the drawing up of a Liturgy a Book of Ordination against which before ever they were printed or seen all were discharged to speak under the pain of Excommunication And at length the book of Common Prayer is published imposed on the Church by the kings command as the onely forme of publick divine worship Every Parish is commanded to have two at least of these books under the paine of horning being punished as rebells And a strict command cometh forth enjoyning the same to be used from Pasch forward Anno 1637. But some of the Prelats as of Rose Dumblaine did anticipate the day made use of it in their Cathedralls Others of the Prelats propone the matter to their Synods but the Ministers replyed that such a change should not be made without a Nationall Assembly but it was answered that they were the Representatives of the Church However some prelats gave Ministers liberty to advise untill Octob. but through the furious importunity of some a letter is procured from his Maj. commanding the useing of the Liturgy with all expedition in the Churches of Edinburgh The Ministers being called to see what they would do such as refused are presently suspended SECTION II. The way how the Lord brought down these Prelats the History continued IT was sad lamentable to see what a face the Church of Scotland had now No hedge of Discipline to keep the vineyaird from foxes wilde boars all the Discipline which was was tyrannie over consciences over mens persons estates profanitie was not curbed but encouraged Prelats themselves being chief in all those crying abhominations as will be cleared ere long yea that poor Church was now posteing fast to Rome The Prelats their underlings beside the points of Arminianisme which were accounted speciall pieces of their qualification did avow openly severall points of Popery so that it was taught publickly in the chief Citie That the Pope was not Antichrist And thus all things were growing worse the worship corrupted like to be corrupted more the mindes of people were filled with feares that God would depairt leave that Church altogether so thattheir case looked most deplorable desperat like But asoftentimes the Church people of God have found him who was the hope ofIsrael the Saviour thereof in times of trouble a ready help in time of need so did the poor Church of Scotland finde it now by experience that whē the storme was sorest it was neerest an end that this was as the darke houre before the dawning of the day for now the Lord awaketh as one after wine looketh through the cloud with Compassion on a long tossed sorely afflicted Church which had groaned under oppression of cruell task-masters till they could do no more sheweth that his hand was not shortened that it could not save but that he was the hearer of prayer that now his appointed time was come to take vengeance on his adversaries even the vengeance of his Temple And as ordinariely the Lords great works appear to carnall reason to be despicable at the beginning so the Lord began this great change alteration of affaires in that poor Church in a way that seemed not to promise much yet such a way it was as the hand of God was to be seen in it and seen carrying of it on wonderfully as shall appear In obedience to his Maj. last letter which commanded the reading of the liturgie in all haste the Bishop of Edenburgh the first sabbath day thereafter resolved to do it when he beginneth there ariseth a tumult among the people begun by some women which encreased so as that the prelate when he came out of the Church did hardly escape in the rest of the Churches of Edenburgh the reading was stopped Immediatly after dinner the Secret Counsell did meet resolve to search out the authors of this tumult commanded the use of the service book all to speake reverently of the Bishops but notwithstanding of this the people rage more then ever against the Prelats after the afternoons sermon they set upon the Prelate with stones forced him to
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
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
admonition in her injunctions of purpose to explaine interpret the sense meaning thereof gave it this sense That nothing was is or shall be meant or intended by the same oath to have any other duty alleagiance or bond required by the same then was acknowledged to be due to the most noble kings of famous memory King Henry 8. her Maj. father King Edward 6. her Maj. brother That her Maj. neither doth nor ever will challenge any other authority then that which was challenged lately used by the saids noble kings which is and was of ancient time due to the imperiall crowne of this realme That is under God to have the soveraignity rule over all manner of persones borne within these realmes dominions countreyes of what estate either ecclesiasticall or temporall soever they be so as no other forraigne power shall or ought to have any superiority over them And this was confirmed by Parliament 5. Eliz. cap. 1. But neither did this remove the offence for still the oath did import more then soveraignity over all persones even over all causes also and it was certaine that King Henry 8. did both challenge use more power then that therefore the convocation of the clergy meeting Anno 1562. took notice of the offence saw a necessity of declareing another sense for the satisfaction of all this they did Artic. 37. declaring signifying That there was no authority in sacred matters contained under that title but that only prerogative which had been given alwayes to all Godly princes in holy scriptures by God himself viz That they should rule all Estates and degrees committed to their charge by God whether they be Ecclesiasticall or temporall and to resâ—…raine with the civil sword the stbbâ—…rn and evildoâ—…rs as also to exclude thereby the Bishop of Rome from having any jurisdiction in the realme of England this Article was assented unto by the Parliament 13. of Eliz. c. 12. is insert in the statute book But under favour any may see that this covering was not sufficient to hide the deformites of that oath as worded for all the jurisdiction of the Bishop of Rome was hereby excluded now the Bish. of Rome's power was more then civil for it was ecclesiastick also the oath gave unto the Queen that which was taken away from the Pope more over supreme governour in causes ecclesiastick importeth more then this explication doth And therefore it had been much better if no more had been intended then this explication saifly taken doth hold forth to have changed the words of the oath made them more conformable to the glosse for every one who readeth seeth this sense will not be able to discerne an harmony betwixt them the oath as worded holding forth more then the glosse hence it was that for all this glosse the English divines were put to much trouble to defend themselves when sorely pressed with the words of the oath they seemed to be at some losse disadvantage were constrained to run from the words of the oath unto the glosse which is a sufficient proof that if no more be intended by the oath then what is held forth in the glosse giveÌ„ the oath ought to be otherwayes worded hence also it is that all the followers of Erastus to this day do look upon the Church of Engl. as wholly of their judgment this puteth such divines as write against Erastianisme to great paines to search out the meaning of the English divines to answere that objection certanely these divines would have wished that the oath had been otherwise worded So that adversaries might have had lesse ground to boast of the Church of Englands being of their judgment Yea Triglandius in dissâ—…rt de Civil Eccles. pot Waveth the English divines in this poynt fearing possibly that he should not be able to extricate himself out of the thicket of difficulties which he might see before him therefore sayeth Cap. 8. Pag. 154 155. Controversiam Anglorum i. 〈◊〉 We owne not the controversie of the Englishes with Papists upon this subject aâ—… owrs for we are not of the judgment of Papists nor are we necessitated to defend our judgment by the judgment of the English divines And again in his Amapologia Pag. 726. Col. 2. Quamvis non diâ—…eamur c. Though we cannot deny but they i. e. the Englishes in respect of the usurped hierarchie there and the King's power over it have extended the King's supremacy furder then it ought to have been And Apollonius in his Ius Majestatis Part. 1. Pag. 11. telleth us that Some reformed divines in the heat of disput against the Papists out of hatred to the Roman hierarchy did turne a little out of the right way that they spoke according to the lawes of that Kingdome common-wealth in which they lived This especially is to be noted in those divines who wrote of the King's supremacy in the Kingdome of England The learned have seen the writtings of Lancelot Tooker Burchill Thomson and Salcobrig c. And the writtings of their adversaries who debated with them concerning the King's supremacy all who are not slaves in their judgments unto the great ones of the World may see clearly that there are failings on both hands And againe out of Didoclave Pag. 43. he telleth us That albeit they did blote out the metaphoricall title of the head of the Church lest it should give offence put in its place the Supreme Governour Yet the sense was the same for Henry of Salisburry sayeth That the King of England is the primat of the Church of England that he is a mixed person having both Ecclesiastick temporal Jurisdiction that in a supreme way proveth from the statute I. Eliz that the jurisdict Eccl. which was or might have been exercised by any spirituall or Church power for visiting the Ecclesiastick state order for reforming bringing into order punishing Churchmen all sort of errors schismes abuses offences enormities within the Kingdome is for ever annexed unto the Crown So that it is too too apparent that severall of the English divines run a furder length give a larger exposition of the supremacy So dangerous a thing is it to admit of oaths which must have strained glosses commentaries for clearing of them which the words will not in a faire construction bear moreover if any consult the later actings of King Parliament there in England they shall see a far other sense put upon it such as plead for the present change of Church government there walk much upon this supremacy particularly the author of the grand case asketh how any man who hath taken or is willing to take that oath can speak against the King's power of setting up what forme of Church government he pleaseth in the Church which whether it may not make Englishmen of a truely tender conscience
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
not put to take that acknowledgement they could not refuse the oath upon the account of these consequences contained in the acknowledgement Ans. So is the Declaration dated Sep. 2 1662. Set down as distinct from the Acknowledgement yet who ever sweareth subscribeth the Acknowledgement doth sweare subscribe the Declaration upon the matter so is it here who ever taketh the oath of alleagiance doth upon the matter take the acknowledgem also for it is not possible to see any discrepancy betwixt them save such as is betwixt the text the commentary for the acknowledgm is nothing else upon the matter then an explication or Exegesis of the oath in the acknowledgem the same thing is said assirmed in plaine full clear tearmes which is but in generall affirmed in the oath By their Acts they declare what things they account privileges of the crowne all these they comprehend under his supremacy so in their account his supremacy over all persons the prerogatives royall or privileges of the crowne are all one Therefore they could not acknowledge this supremacy because they could not acknowledge the prerogatives royall See this objection further answered above Pag. 168. In the next place there are objections of another nature which must be answered as 1. Obj. Such as refuse this oath of alleagiance declare that they are not dutyfull loyall subjects which Ministers Christians ought not to do Ans. It hath been showne at the beginning of the tenth Section what difference there is betwixt this oath the oath of alleagaince there is no Minister or Christian who would scruple at the taking of the pure oath of alleagiance Yea they would account themselves obliged to take the same if there were any necessity or just suspition of disloyalty in them which might occasion the same King Iames in his book called God the King sheweth that those treacherous persones who occasioned the frameing of the oath of alleagiance were the Pope's bloody emissaries following the principles of Rome practiseing unparalleled treacherie against King Queen Parliament among whom none will have the fore head to reckon such as did now refuse the oath as it was tendered It is the supremacy in Church state which only was scrupled at the acknowledging of this supremacy is no part of alleagiance for one may acknowledge his father to be his father though he should not say that he hath power as a father over his soul conscience one may acknowledge the King of Britane lawfull King of his dominions though he should not acknowledge him to have as much dominion power over them as the great Turk usurpeth over his dominions And therefore letnone so interpret that passage of the Apology for the ministers of England pag. 2. Where they prove that they cannot be challenged as guilty of Laese Majestie because they acknowledge that the King is defender of the faith in all causes the supreme head Governour over all persons as well ecclesiastik as civil as if they would assert that all in Scotland who do refuse this oath acknowledgement were guilty of Laese Majesty merely upon the account of their refuseing of the oath seing as hath been showne their case the case of Scotland is not every way the same though they give out this as an evidence of their loyalty yet they do not pitch upon it as proprium quarto modo unto a true loyal subject 2. Obj. Will you allow his Maj. no power in Church matters Ans. yes Even all that power which the first confession of the Church of Scotland doth allow viz. tho conservation purgation of religion the maintenance of the true religion the suppressing of idolatry and superstition as also all that which the later confession concluded by the Assembly of divines at Westminster doth allow As also as much as sound reformed divines grant unto him according to the word of God He hath power over the 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 things extrinsecall that properly belong unto the outward man are common to the Church with other societies He is Custos utâ—…sque tabulae in a civill manner must have a care of both the tables of the law It were tedious here to set down all the particulars See Gillespy in his Aarons rod blossoming lib. 2. cap. 3. the CXI Propositions which are full enough to this purpose 3. Obj. Why then was this oath refused seing no more was required thereby Ans. More yea much more was required as appeareth by what hath been said cleared from their Acts actings especially from their refuseing of the sense given in by these Ministers who were detained so long prisoners in the Tolbooth thereafter banished which was large enough possibly larger then some of these who gave it afterward upon second thoughts would approve It is beyond questioning that this Parliament giveth unto the King by vertue of this prerogative as annexed to the crown far more then ever the confession of faith of that Chuch or any other protestant reformed Church did give And as they give so he taketh more as might be evidenced by his letter unto the Archbishop of York if it were now at hand 4. Obj. But whatever they assume to themselves it is not much matter Seing none 〈◊〉 put to affirme that so much power doth belong unto him the oath tendered hath not so much in it in terminis Ans. When an oath is contrived in such generall comprehensive termes as may take in much when there is no other way to finde out the iust latitude meaning of it but by their Acts actings who tender it it is of much concernment to know what sense their actions will put upon it for by their actions the true sense must be learned For it is a received known principle that oaths must be taken according to their known sense meaning of the words who tender the same because oaths were first invented for their security therefore whosoever would deal honestly Christianly in taking an oath must take it in the very sense that it is understood in by such as tender it Otherwise the holy name of God shall be taken in vaine the takers of the oath shall deal deceitfully in frustrating the end of the oath the designe of the tenderers thereof To take an oath Quatenus Eatenus in fo far will not satisfie as worthie D. Voetius judgeth de Pol. Eccl. p. 283. 5. Obj. This shienesse were good in case the oath as worded could bear such a sense as is supposed to be meaned by the tenderers But it is not so here Ans. It is certane the oath as to the part controverted is conceived in generall termes It is certane that their sense who tender it is not sound it is certane that there is nothing in the oath contradicting their sense meaning Yea it is certane that the very
oath it self as worded will take in all their sense meaning For it giveth to him a supremacy of power both over Civill Ecclesistick persones causes all persons all causes will take in both supreme Governour over all these persons in all these causes will take in a great power a very large supremacy Yea the very grammaticall construction of the oath will bear this large sense fully enough Any of understanding may easily see these three things here 1. That the King is the same way supreme Governour over Church men as he is over Civill men 2. That he is made the same way Governour in Church causes as in Civill causes And 3. That he is the same way Governour over Church men in their Church capacity or in their Church causes actions as over Civil men in their civil capacities in their Civill causes actions 6. Obj. The sense can be no other then this That he is supreme Governour over all persons what ever action they be about as if he were in a ship he should be supreme Governour over all the persons there what ever their trade or occupation were of the Governour of the ship among the rest And yet it will not follow that he is the supreme Governour of the action of guideing the ship but only that the Governour of the ship while he is guideing her is a subject And just so is it here as to Churchmen Ans. Even his supremacy over civill persons in civill causes is much to be questioned as hath been said But to wave this here their Acts deeds which are more authentick interpretations of the oath then any privat conjectures speak some other thing were the oath worded thus he is supreme Governour over all Persons this objection would have some colour but when it is said in all causes yea in all causes all is wrong Next it is certane from what hath been said Sect. 10 11. that they intend more as to the civill part then that he is supreme Governour over civill persons that they remaine subjects while about civill Actions For he is made supreme Governour over civill persons in civill causes And must it not be so likewise as to the Church part seing the oath puteth no difference lesse or more betwixt them 3. One maine end of the oath was to shoulder out the Pope his power this was an immediat cognition of Church affaires a power not only over persons but over causes And what was taken from the Pope with the one hand was devolved on the King with the other 4. The simile is a plaine dissimile as it is set down but make the parallel run thus There is a forraigner within the ship challenging power of making lawes to all persons within it particularly to the pilote power of judging him in his actions as pilote betwixt whom the Prince the debate cometh to that height that he is ejected to the end he may never be re-admitted the Prince imposeth an oath upon all within the Vessâ—…ll particularly upon the pilote seamen That they should acknowledge him to be their only supreme Governour in all their actions causes And then any of ordinary capacity may discerne whether or not the pilot be not bound by his oath to acknowledge some thing more then that he is a civill subject while he is about his calling work But all this is to no purpose now seing their Acts actings make the bussinesse clear enough as is shown above 7. Obj. Where a Civil Magist. is affirmed to be Govern of his dominions by common intendment this must be understoodof a civil government may not be extended to that of another kinde Ans. With all due respect to the reverend author of this reply viz. Bishop Vsher in his speach concerning the oath of supremacy in the Starre Chamber in Irland This doth not satisfie because by the same reason might one who were clear for the primacy of Scotland lawfully swear that the Archprelat of Saint Andrews were supreme Governour of Scotland over all persons in all causes because by parity of reason when the governement of a Church officer is spoken of by common intendment this must be understood of an Ecclesiastick governement may not be extended to that of another kinde And yet no doubt this oath would be scrupled at notwithstanding of that common intendment But 2. Their acts deeds destroy that common intendment respect must be had to their intendment not to the common intendment 3. Even as to this common intendment in respect of the civil part it hath been showne what just ground of scruple there was 8. Obj. No other thing can be understood for he is capable of no more the predicat can agree no further to the subject then its capacity will permit Ans. This is a shift for Children but for none else For. 1. Such subjects are seen to assume to themselves more then they are truely by any law of God capable of 2. By this meanes one might swear that the civil Magistrat were Head husband King saviour of the Church without all hazard of perjurie for these predicats can agree to him no further then he is capable As also one might lawfully swear that the Pope were supreme civil judge of the King's Dominions yea swear the greatest untruths imaginable but such Salvo's will prove too narrow to cover perjury in the day of accounts 3. Oaths are the end of controversies but this oath should then decide no controversie For the King's power should be as uncertaine as ever it was for all this oath 4. The question is not so much what power doth really appertaine unto the civil Magistat but another thing founded on this viz. what power may one lawfully say swear doth indeed belong to him And will any be so prophane grosse as to say It may be acknowledged by oath that he hath more power then indeed he hath Such like metaphisicall distinctions will not defend from the wrath of God in the day when he shall be a swift witnesse against all false swearers 9. Obj. Is it faife to contend with heigher powers about such things bring on such sad sufferings Ans. Christians should be most taken up with duty should not value sufferings They should buy the truth by no means sell it this matter under debate is no small bussinesse whatever some may think Not to mention here the sad consequences of this oath as to the civil part thereof if the Ecclesiastick part therof be only noticed it will appear to be a matter of greater moment then every one will beleeve as may appear from the reasons mentioned Sect 12. Men who would be accounted loyal subjects unto a King of clay will think it their duty to stand contend for a small inconsiderable bit of a thing going under the name of
Church is lawfull when the case so falleth out that union cannot be keeped up with her with out sin much more will a forbearing to hant the ordinances in such a particular parish to attend the Ministerie of such a particular person be iustified as no sinfull separation when the contrary cannot be done without siâ—… so it is in this case as hath been showne above Reverend Famous Doct. Voâ—…tius 〈◊〉 Eccles. Pag. 68. Quaest. 17. Granteth that upon some such occasion one may â—…bstean from explicite communion with a particular Church for these reasons 1. Such communion is not absolutly Necessary necessitaâ—… Mediâ—… nor yet necessitaâ—… praeceptâ—… when the Christian shall have more peace of conscience free exercise of Christian duâ—… else where 2. such persons may keep communion with other purer Churches in other places And Famous Mr Rutherford in his due right of presbyteries Pag. 253. Pag. 254. Where he is laying down some considerations about the degrees of separation sheweth us That there is a separation negative or a non union as That in Augustin's time when the faithfull did separate from the Donaâ—…sts which is lawfull landable now if there be a separation here it can only be a negative separation not a positive separation He sheweth us againe ibid. That there is a separation from the Church in the most worst part a separation from the least best part that these who separate from the worst greatest part do notwithstanding remaine a part of a part in the visible Church because they do not separate from the Church according to the least best part thereof as the godly in England who refused the popish ceremâ—…nies Aâ—…tichristian Bishops Hence it will follow that though now people should withdraw from communion with the greatest part of the Church which is now corrupted they cannot be accounted separatists because they hold still communion with the better though lesser part Moreover he sayeth Pag. 254 255. That there may be causes of non-union with a Church which are not sufficient causes of a separation as before the jewes came to blaspheme openly as they did Act 1â—… 44 45 46 18. 16. there was no just cause why any should have joyned to the Church of the jewes seing there was a cleaner Church to which converts might joyne themselves Act 2 40 41 42. And whether or not the reasons formerly laid down will be a just cause of non union which is all we plead for let the reader judge Lastly he tels us ibid Pag. 255. When the greatest part of a Church maketh defection from the truth the lesser part remaineing sound the greatest part is the Church of separatists though the manyest greatest part in the Actuall exercise of discipline be the Church yet in the case of right discipline the best though fewest 〈◊〉 the Church For truth 〈◊〉 like life that retireth from the manyesâ—… members unto the heart there remaineth in its fountaine in case of dangere So that it is the Major part which hath made defection that is to be accounted separatists not such as stand to their principles though they cannot complye of joyne with the corrupt majoriti Hence it is aboundantly clear that such as refused to obey this Act cannot be accused as guilty of sinfull separation It will be objected thirdly That by refuseing to obey that Act they declare they look not on these men as Ministers if they account them no Ministers they must say that their baptizeing is no baptizeing also that the Church of Scotland now is no organicall Church And that such do well who refuse to bring their Children unto them to be baptized Ans. 1. Though it were affirmed positively as it is not that all of these men were no Ministers Yet it would not follow that the Church of Scotland were no organicall Church because all these ministers who are now violently restrained from exerceing their Ministeriall function are Ministers officers of the Church of Scotland though bound up from exerceing their office for as no deed of a Magistrat can loose a Minister's relation so long as his life is in him unto the Church universall so no deed of the Magistrats can loose a Ministers relation to the nationall Church whereof he is a member so long as he remaineth â—…vis regnâ—… is not banished out of that Kingdome Yea reverend Apollâ—…nius in his jus Majestatis circa sacra Par. 1. Pag. 331. thinketh that when a Minister is wrongously put from his charge by a Magistrat he remaineth still a Minister of that Church from which he is banished jure divino Because of his call hath a right to exerce all his Church power there as a wife ravished from her husband remaineth still his wife because of the marriage covenant which is inviolable therefore all these Ministers who are yet within the Kingdom are reall officers of the Church of Scotland full compleat officers as to the power only they are violently restrained from the actuall exercise of that power And therefore the Church of Scotland is still an organicall Church as a man is an orgâ—…nicall body when bound hand foot so as he can neither work nor walk But 2. Whatever may be thought ofsome of these men whose being reall officers in the Church of God as was said may much be questioned what sad consequences may follow upon the nulling of their office let these see to it who either send such forth or imploy them Yet as to all of them this forbearing to yeeld obedience unto this Act will not ground the consequence alledged For there is a difference betuixtthe not owneing dis-countenanceing of a man as no Minister at all or no Minister of the Church universall And dis-owneing or dis-countenanceing him as not being their minister in particular or as pastor of such a particular flock It is certane a man may be a Minister of the Church universall yet not the Minister of such or such a particular place It is certane a man's relation unto such or such a particular flock may be Changed by transportation when his relation unto the Church universall abideth And so it is certane that a denying of one to be a Minister of such or such a particular flock will not by any good consequence be a denying of him to be a Minister at all Many things may loâ—…se a Minister's relation to such or such a particular congregation which will not a null his relation unto the Church universall And when his relation to such a particular flock is loosed that particular flock is loosed from being a flock owneing him as their Minister for relata se muâ—…uo ponunt et tollunt And when such or such particular persons refuse to owne such a man as their pastor in particular it cannot be inferred that therefore they deny him to be a Minister at all Unlesse this consequence
admonish one another Rom. 15 13. Presse or urge a thing upon the minde of another so instruct them aright as children are instructed this sayeth they must often be together for this end 9. They must teach and admonish one another in psalms and hymnes and spirituall songs Col 3 16. can this be done unlesse they assemble together 7. They must be kinde or profitable one to another Ephes. 4. last this sayeth they must not be strangers to other 8. They must serve one another in love Gal. 5. 13. that is they should spend themselves for one another for their spirituall advantage that in love should they not then assemble together 9. They must receive one another Rom. 15 7. that is receive with affection imbrace one another And must they then scarre at the company of one another And not rather receive other into their intimate fellowship 10. They must be subject one to another Ephes. 5 21. 1 Pet. 5 5. every one ready to give to take reproofs to from another to do service to other as called thereto this sayeth they must not live as strangers to other 11. They must confesse their sinnes to one another and pray for another Iam. 5 16. 12. They must ministere their gifts to one another 1 Pet. 4 v. 10. Obj. It will be objected that this is sedition opposeing of established lawes made for the good of the common wealth against such conventicles therefore such controvâ—…ers cannot be justified Ans. It is not for fear of any disturbance to the peace of the common wealth that such Acts are made for a few women who in all likelihood are able to do little that way may not meet together 2. The heathens did pretend this when they made lawes against the meetings of the primitive Christians And therefore their meetings were called Factions And conventicles And yet the primitive Christians did not forsake the assembling of themselves together notwithstanding of all these edicts albeit that severall times they were put to suffer upon that account seâ—… this fully made out by the learned Mr Stilling fleet in his Origines sacrâ—… Lib. 2 cap. 9. Pag. 316. c. And who then will condemne these Zealous Christians now for so doing SECTION XIX The unlawfulnesse of compeering before the high Commission Court demonstrated TO the end that the forementioned persecution of the saints servants of God might be the better carryed on There is a high commission court erected consisting of the two arch prelats some other prelats of some noble men some Magistrats of brughs some souldiers others And this number or any five of them a prelate being alwayes one of the five have power granted to them from the King who appoynteth them by vertue of his prerogative royall supremacy over all persons in all causes ecclesiastiek as was shown above Sect. 12. To suspend deprive excommunicate as also to punish by fineing consineing committing incarcerating all keepers of conventicles all Ministers who contrare to the lawes acts of Parliament councell remaine or introduce themselves upon the exercise of the function of the Ministery in those parishes bounds inhibited by those acts all preachers who come from England Irland without sufficient testimonialls or leave of the Bishops of their dioceses all such persons who keep meetings fasts at the administration of the sacrament of the Lord's supper which are not approven by authority All who speak preach write or printe to the scandall reproach detriment of the Estate or government of the Church Kingdom as it is now established All who contemne molest injure ministers who are orderly setled All who do not ordinarily attend divine worship administration of the word sacraments performed in their respective parishes by ministers legally authorized for taking the cure of these parishes All such who without any lawfull calling as bussy bodies goe about houses places for corrupting disaffecting people from their alleagiance respect obedience to the lawes And generally without any prejudice to the particulars specified all who expresse their dissaâ—…sfaction to his Maj. authority by contraveening the acts of Parliament Councell in relation to Church affaires etc. This court appeareth terrible unto the godly for the persecution of whom of none else no not the most flagitious prophane it is erected seemeth to be as a new court of inquisition But that which is more lamentable is this That there lyeth hid here a dreadfull snare for tender consciences For it is such a court as tender hearted Christians cannot but scruple to acknowledge or compeer before without a declinature the giving in of which would be accounted laese Majesty therefore in such a case such as resolved to keep a good conscience in this day of tryall defection saw a necessity of withdrawing of not compeering at their summonds even though they might have pleaded them selves innocent of any crime laid to their charge Now if any would desire to know the reasons why such a court cannot in conscience be owned acknowledged or submitted unto as a lawfull judicature let him consider these particulars lay them together he shall see clear reason for either declineing or withdrawing 1. This is a judicature meddling with censures purely ecclesiastick such as suspension deposition of Ministers excommunication both of Ministers people therefore must be acknowledged to be a Church judicature Now there is no warrand for any such Church judicature in all the new testament nor is there any precedent of the like to be found in the Gospell Christians must acknowledge no Church judicature but what hath a speciall warrand from Christ's law testament 2. This is a Church judicature having its rise power commission only from the King the King granteth this power to this Commission authorizeth this court by vertue of his royall prerogative over all persons and in all causes as well ecclesiasticke as civil So that none can acknowledge this court but withall they must acknowledge the Kings prerogative royall supremacy in all causes over all persons particularly they must acknowledge that pure proper church power doth properly reside in the person of the supreme Magistrat that he hath proper power to suspend depose ministers also to excommunicate so hath power to Commiâ—…sionat any of his subjects he thinketh good for that effect But what presbyterian yea what sound protestant who is not devoted to Erasius's Antichristian notions will or can acknowledge this 3. In this judicature civil persons as such viz. the Chancellour Thesaâ—…rer duk Hammilton Marquis of Montrose Earles Lords others who are no Church officers have power in Church matters viz to suspend depose excommunicate But this is against all the Discipline lawes of Christ's house for Christ will have the affaires of his house governed by
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
is a new obligation added ariseing from the oath Had not the Covenants oaths which the children of Israel swore concerning morall dutyes the law the worshipe of God an additionall tye obligation Ier. 50 5. Ios. 24. Deut. 29 3. By this meanes this author would take away this piece of God's worship service of vowing swearing unto him for it must either be about things necessary or about things indifferent But he will have no oath or vow made about things necessary because sayes he that is needlesse nor will he have any oath or vow made about things indifferent as shall be seen afterward so if he speak truth there ought to be no vowes or oaths at all 4. But why may not people look even to the Covenant obligation in things determined by the word Doth not God lay the breach of Covenant oftentimes unto the charge of his people doth not this say that they were bound to look to their promises obligations It is true that oaths Covenants should not be the only ground upon which to plead the lawfulnesse of such or such things yet these promises vowes Covenants ought to have their own secondary place So then it is a poor thing to say that such as plead for the standing force obligation of the Covenant must suppone that Episcopacy is a thing indifferent for by this same reason they must suppone also that the other great duties which are engadged to in that Covenant relating to true religion a holy life from which himself sayeth Pag. 37. no power on earth can loose to which they are indispensably tyed are of an indifferent nature which were most reasonlesse absurd 5. This is a hard case unto which this author would bring the Covenanters viz. That either they must quite the obligation of the Covenant or else say that all those particulars sworne to in the second article which is the article he mainely instanceth are but matters of indifferency and consequently say that not only prelacy in it's height as Hierarchicall but poperie heresie schisme every thing which is contrary to sound doctrine the power of godlinesse are matters of indifferencie But would he say so in his own case If one who had taken the oath of alleagiance or fidelity to his lawfull prince or the oath de fideli administratione in some office or other should afterward alledge that these bondes did not binde him for either the matter there obliged to was a thing indifferent if so he was not bound to wrong his liberty or else duties antecedent to the oath then the oath hath no force on him he is no way perjured though he crosse a hundered of those oaths Now what will this author reply in this case hath he not as it is usuall for such as pleaâ—…d for error in seeking to wound the Covenanters killed himself what evasions he findeth out for subjects to reject all the bondes of oaths imposed by superiours every one seeth And whether in so doing he doth his Maj. good service Acteth the part of a loyall subject and faithfull casuist any may judge But to proceed in the examination of the case set downe 4. Let this also be given unto this Author though it may not be granted he will not gaine his cause for let it be supponed that Episcopacy is a thing indifferent will it thence follow that the Church may not determine in a matter of indifferencie concerning Church government without the supreme Magistrat's expresse consent Whether is the Church or the Magistrat the fittest judge of that government which best suiteth the Church tendeth most to edification is most expedient whether are the Churches that live under the Turk more able to judge of the most expedient edifying way of Church government or the Turk himself If he reply That he speaketh of Christian Magistrats It is answered That heathens are as essentially Magistrats as Christians are that text Numb 30. groundeth no more an analogy for Christian Magistrats then for heathens And if that be a law then he would remember that non est distinguendum ubi lex non distinguit that Christians may be subjects unto heathen Magistrats is beyond all question And therefore if this argueing hold good a Christian Church living under the Turk might not vow to maintaine and follow such a forme of Church government as they judged most agreeable to the word of God most advantagious for the ends of government because forsooth it were a prejudging of the right of the great Turk their superiour If he reply that the case is altered because of the Turk 's granting liberty unto these Churches to do in these things as they think meet Ans. Then the Turk is a better friend unto the Church then the Christian Magistrat it were better for the Church to be under the Turk then under a Christian Magistrat 5. Let all this be yet granted by way of supposition he will not gaine his poynt for their oath in this Covenant doth not prejudge the right of the superiour because they sweare only to endeavour in their severall places callings such such alterations what incroachment can this make upon the superiours right May not a wife or a doughter sweare in their places according to their callings to endeavour the alteration of such or such a thing in the family yet never attempt it without the consent of the parent or husband May not here oath be lawfull binde hâ—…re to use all faire lawfull meanes to move incline the parent or husband there unto So that what ever he be pleased to say of the way of Scotland their carrying on that businesse in which how sowlely he erreth may be showne hereafter were it granted to him will make nothing against the Covenant concerning the obligation of which is the difference now Till then he make it appear that the Covenant as worded did directly prejudge the right of the superiour his alledgiance is frivolous groundlesse 6. This might be granted to him also which yet cannot be done his cause gaine no advantage that for this reason Because that place Numb 30. Exponed accord-to his owne glosse commentary maketh for the Covenanters every way For. 1. They had no open dissent declared It is true there is mention made of a proclamation declareing it unlawfull to enter into that Covenant but Mr Crofton in his Analepsis Analephthe Pag. 120. sayeth that it was not regular being done without the advice of his Councell who are vailed by the session of Parliament sheweth also how it was a breach of privilege But as to that this may satisfie That as that proclamation did not anull the act but only prohibite it so it did not concerne them in Scotland Now if the parent or husband hold his peace the oath is confirmed requiritur sayeth doct Sanders de jur prom obl